Agenda Item 6A
June 10,2014
Action
MEMORANDUM
TO:
County Council
tAroanda Mihill, Legislative
Attomey&ifYt}i,JU11
~"Michael
Faden, Senior Legislative Attorney
FROM:
SUBJECT:
Action:
Bill 6-14, Environmental Sustainability - Office of Sustainability - Established
Transportation, Infrastructure, Energy and Environment Committee recommendation
(3-0): enact Bill 6-14 with amendments to establish an Office of Sustainability in the
Department of Environmental Protection and an Office of Energy and Sustainability in the
Department of General Services.
Bill 6-14, Environmental Sustainability - Office of Sustainability - Established, sponsored by
Councilmembers Berliner, Floreen, and Riemer, Council Vice President Leventhal, and
Councilmembers Andrews, and Navarro, was introduced on January 28, 2014. A public hearing was
held on February 11 and a Transportation, Infrastructure, Energy and Environment Committee
worksession was held on February 26. At the hearing, a representative of the Executive expressed the
Executive's general support for the package of environmental initiatives (©28).
As introduced, Bill 6-14 would create an Office of Sustainability in the Department of
Environmental Protection.
In
2008, the Council tasked a Sustainability Working Group with the
responsibility of guiding the County's greenhouse gas reduction implementation. The Working Group
has not met or produced anything in recent years.
Councilmember Berliner explained the purpose of this Bill
in
his January 14 memorandum
describing his proposed energy/environmental package. See ©25.
The Fiscal and Economic Impact statements for this Bill are on ©66. DEP estimates that it will
need 11 positions to implement Bill 6-14 and has identified 5 current positions that address
sustainability issues. Therefore, DEP estimates that it will need an additional 6 positions to fulfill the
duties in Bill 6-14 as amended by the Committee, but notes that one of those positions would also be
used to implement Bill 2-14 (Benchmarking). DGS estimates that it will need an additional 2 positions,
but notes that 1 of those positions would also be used to implement Bill 2-14 (Benchmarking). For
FYI5, OMB estimates that the total cost would be $915,844 ($650,444 for personnel, $205,200 for
operating, and $60,200 for one-time start up costs). As part of the FY15 budget the Council recently
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adopted, the Council funded a portion of the fiscal impact
data analysis.
for the commercial energy program and
Committee DiscussionlRecommendations
Executive amendments
At the worksession, Executive staff recommended that Bill 6*14 be
amended to require 2 separate offices dedicated to sustainability efforts in the County. An Office of
Energy and Sustainability in the Department of General Services would be more "inward facing" and
focus on the sustainability efforts directly impacted by the County, including programs related to energy
use in County buildings and vehicles (see detailed list of duties on ©14-15, lines 338-359). An Office of
Sustainability in the Department of Environmental Protection would be more "outward facing" and
focus on sustainability efforts throughout the County, including programs to promote residential energy
efficiency and renewable energy programs, commercial and multi-family energy efficiency and
renewable energy programs, support green business development, and support for tree and forest
programs (see detailed list of duties on ©1O-14, lines 239-325). The Committee recommended (3-0)
amending Bill 6-14 in this fashion. The Committee further recommended amending Bill 6-14 to include
a definition of "sustainability" (©5, lines 106-108).
Should the Offree of Sustainability be
in
the Department of Environmental Protection?
Several individuals or organizations questioned whether there should be an Office of Sustainability, and
if so, if it should be in the Department of Environmental Protection. The American Institute of
Architects, Potomac Valley Chapter urged that full inclusion of appropriate agencies should be
mandated and because
turf
wars could arise, the Office should be under the Executive. The Chamber of
Commerce recommended that there should be an economic incentive to this initiative and coordination
with the land use and transportation work between County government and Park and Planning.
Similarly, the Maryland National Capital Building Industry Association (BIA) noted its view that
sustainability includes environmental policy, business management, building technology, and land use,
some of which is outside DEP's expertise. The Maryland National Capital Building Industry Association
recommended the Council encourage Park and Planning to create a position of sustainability planner in
that agency.
Sustainability certainly encompasses more than environmental protection and that coordination
between County departments and agencies could be crucial to successful implementation of
sustainability programs. The Committee recommended (3-0) requiring 2 separate offices devoted to
these efforts (see discussion on page 1).
What quantifiable goals should be in Bill6-14?
In its testimony, the Sierra Club recommended
that Bill 6-14 create quantifiable goals for greenhouse gas reduction. Council staff notes that Section
18A-14 of the County Code sets the County's goals for reducing greenhouse gas emissions at 80% by
Jan 1, 2050.
Should the duties ofthe Offree ofSustainability be modified?
Home Energy Score.
The Sierra Club recommended that the Office of Sustainability evaluate
whether home sellers should be required
to
provide home buyers with a Home Energy Score: The
2
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United States Department of Energy developed a metric that allows a homeowner to compare the energy
performance of their home to other homes nationwide. The Home Energy Score is comprised of three
parts including: 1) the Score itself, 2) facts about your home, and 3) recommended improvements to
increase your Score. See ©56 for FAQs about the Home Energy Score program. In a similar vein,
Michael Heavener, on behalf of Geosolar Energy, proposed legislation to require homebuilders to
include an energy guide in marketing and sales material for new home sales, including
annual
cost to
heat and cool home by various energy sources (see ©50). The Committee recommended
(3-0)
amending Bill 6-14 to require the DEP Office of Sustainability to evaluate whether to require this type
of program (©11, lines 242-245).
Energy Scoring Card.
The Sierra Club recommended that the Office of Sustainability apply a
scoring system - such as one created by the American Council for an Energy-Efficient Economy (see
2013 Scorecard summary on ©64 - that compares local jurisdictions throughout the country on energy
efficiency policies and programs. According to the Sierra Club, this would offer a roadmap for a
government to improve its energy efficiency and learn from other jurisdictions. The Committee
recommended (3-0) amending Bill 6-14 to require the DEP Office of Sustainability to apply a scoring
system every 2 years (©14, lines 321-324).
Tree canopy and tree planting.
At the worksession, Councilmember Riemer noted his request
that the duties as proposed by Executive staff be modified to strengthen the duties related to tree canopy
and tree planting programs. The Committee recommended
(3-0)
amending Bill 6-14 to include these
amended duties (©12-13, lines 285-297).
Should a new advisory committee be established to advise the Office of Sustainability?
The
Sierra Club recommended that the Council create a resident advisory committee to advise the Office and
ensure that there is regular public input, support, and accountability. Currently, the Department of
Environmental Protection provides staff support for 6 advisory committees: Dickerson Area Facilities
Implementation Group, Energy and Air Quality Advisory Group, Forest Conservation Advisory
Committee, Noise Control Advisory Board, Solid Waste Advisory Committee, and Water Quality
Advisory Group. Council staff agrees that public input is important. Committee recommendation
(3­
0): The Committee did not recommend creating an additional advisory comment, but asked Executive
staff to review whether the duties of one of these advisory committees could be broadened in a
subsequent bill to include this function.
Subsequent modifications to Bill
6-14
Council staff redrafted Bill 6-14 to include the Committee amendments and circulated that draft
among Councilmembers and relevant Executive staff for comment. After receiving comments from the
Executive, and other amendments recommended by Council staff, Council staff has incorporated the
following changes to the draft on ©1-23:
• Definitions.
Council staff added the following definition of sustainability:
"Sustainabilitv
means the creation and maintenance of conditions under which humans and nature can exist
in productive harmony and permit fulfilling the social. economic. and other requirements of
present and future generations" (©5, lines 106-108). As noted on page 2, the Committee
recommended adding a definition, but Council staff inadvertently neglected to include a
3
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definition in the
draft
circulated. This definition is based on the definition from the United
States Environmental Protection Agency
• Reports.
Council staff changed the reporting deadlines from January 15 to February 1
throughout the bill as requested by Executive staff. Council staff also changed the reporting
requirements in that the Offices would be required to report to the Council. Finally, Council
staff incorporated the following technical modification to the report required by the DGS
office to conform with other amendments recommended by the Committee (©15, lines 370­
373):
ill
Councilmember Riemer amendment
Attached on ©88 is an amendment that Councilmember Riemer intends to offer that would
require the Department of Environment Protection to create a County Tree Planting Plan by Method 2
regulation. The Plan would:
• include overall and individual tree canopy and planting goals;
• inform the public about tree planting and preservation programs and provide information on tree
planting;
• implement a public engagement strategy to encourage tree planting; and
• disseminate information on the status of the County's trees and forest.
This packet contains:
Circle #
Committee Bill 6-14
1
Legislative Request Report
24
Memorandum from Councilmember Berliner
25
OMB and Finance Memo
27
Select Testimony
County Executive
28
American Institute of Architects, Potomac Valley Chapter
29
Maryland National Capital Building Industry Association
35
37
Montgomery County Chamber of Commerce
40
Montgomery County Sierra Club
Charles Nulsen
46
Geosolar Energy
50
DOE Home Energy Score FAQ
56
ACEEE 2013 Scorecard Executive Summary
60
66
Fiscal and economic impact statements
74
Clean copy of Committee Bill 6-14
Riemer amendment
88
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Bill No.
6-14
Concerning: Environmental Sustainabilitv
- Office of Sustainabilitv - Established
Revised:
4/17/2014
Draft No.
~
.Introduced:
January 28, 2014
Expires:
July 28. 2015
Enacled: _________________
Executive: ________________
Effective: ____________
Sunset Date:
~No~n~e~
_ _ _ __
Ch. _ _ Laws of Mont. Co. _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council members Berliner, Floreen, and Riemer, Council Vice President Leventhal, and
Councilmembers Andrews, and Navarro
AN
ACT to:
(1)
(2)
ru
create a Office ofSustainability in the Department of Environmental Protection;
create a Office of Energy and Sustainability in the Department 9f General Services:
specify the duties of [[the Office]] these Offices;
[[(3)]]
ill
repeal and reassign the duties ofthe Sustainability Working Group; and
[[(4)]]
ill
generally amend County law on environmental sustainability.
By amending
Montgomery County Code
Chapter 8, Buildings
Section 8[[A]]-14B
Chapter 18A, Environmental Sustainability
Sections 18A-12, 18A-13, 18A-14, 18A-15, 18A-16, 18A-17, 18A-19, 18A-20, and 18A-23
Chapter 40, Real Property
Section 4O-13B
By deleting
Chapter 8, Buildings
Section 8-14C and 8-53
Chapter 18A, Environmental Sustainability
Sections 18A-15 and 18A-16
Boldface
Underlining
[Single boldface brackets]
Double undedining
[[Double boldface brackets]]
* *
*
Heading or defined term.
Addedto existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law um:ifJected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL No. 6-14
1
2
Sec.!. Sections 8-14B, 18A-12, 18A-13, 18A-14, 18A-15, 18A-16, 18A-17,
18A-19, 18A-20, 18A-23, and Section 40-13B are amended, and Sections 8-14C,
8-53, 18A-15, and 18A-16 are deleted as follows:
8-14B. County buildings - energy unit savings plans, energy cost savings plans,
and energy performance contracts.
(
a)
3
4
5
6
7
Definitions.
In
this Section, the following words have the meanings
indicated:
["]
County buildingr']
means a building which is owned or leased by the
8
9
10
County.
["]Energy baseline["]
means the amount of energy consumed each year
11
12
13
14
by a County building based on historical metered data, engineering
calculations, submetering of buildings or energy consuming systems,
building load simulation models, statistical regression analysis, or any
combination ofthose methods.
["]Energy cost savings plan["]
means a plan to reduce a County
15
16
building's energy costs, including related operation and maintenance
costs.
["]Energy peiformance contract["]
means a contract which provides for
17
18
19
the performance of services for the design, acquisition, installation,
testing, operation, maintenance, or repair of an identified energy
conservation measure or series of measures in a County building.
["]ENERGY STAR rating["]
means the ENERGY STAR rating
20
21
22
23
24
25
26
developed by the federal Environmental Protection Agency which
reflects a building's energy efficiency.
["]Energy unit savings plan["]
means a plan to reduce the amount of
energy used by a County building, as measured in kilowatt hours or
British thermal units.
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(i)
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BILL
No. 6-14
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["]Nationa/ energy performance rating system["]
means the rating
system developed by the federal Environmental Protection Agency
under which a building may obtain the ENERGY STAR rating.
Office
Q[
Energy and Sustainability
or
Office
means the Office of
Energy and Sustainability in the Department of General Services
created under Section
18A-[[U]]~
32
33
34
["Sustainability Working Group" means the Group defined in Section
18A-13.]
(b)
35
36 .
37
38
39
Requirements.
Group] must:
(1 )
The Office of Energy and Sustainability [Working
develop an energy baseline, energy unit savings plan, and energy
cost savings plan for each County building;
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44
(2)
submit an initial report to the County Executive and County
Council by [[January 15,]] [2009] Februarv
1.
2015 which
summarizes the energy baseline, energy unit savings plan, and
energy cost savings plan for each County building; and
(3)
submit an annual report to the County Executive and County
Council by [[January 15]] February 1 of each year that
summarizes the steps taken in the preceding fiscal year to
implement the energy unit savings plan and energy cost savings
plan for each County building.
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46
47
48
49
(c)
Energy performance contracts.
Each energy unit savings plan and
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51
energy cost savings plan that the [Sustainability Working Group] Office
prepares under subsection (b) must include a plan to use an energy
perfonnance contract unless the [Sustainability Working Group] Office
fmds that the cost of using an energy perfonnance contract outweighs
the benefit.
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53
54
0-
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BILL
No.
6-14
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56
[8-14C. Private buildings - incentives.]
[(a)
Study.
The Sustainability Working Group must evaluate:
(1)
options for creating incentives for the owners of commercial,
multi-family residential, or single-family residential buildings to
modify the buildings to increase their energy efficiency and
(2)
options to minimize the impact on affordable housing of
achieving the ENERGY STAR rating under the national energy
performance rating system.
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(b)
Report.
The Sustainability Working Group must submit a report to the
County Executive and County Council by January 15, 2009 regarding
the Group's findings and recommendations.].
66
67
[8-53. ASHRAEIUSGBCIIESNA standards.]
[(a)
Definitions.
"ASHRAEIUSGBCIIESNA Standard
189.1"
means the standard for
high-performance green buildings developed by the American Society
of Heating, Refrigerating and Air-Conditioning Engineers, the U.S.
Green Buildings Council, and the Illuminating Engineering Society of
North America.
(b)
The Sustainability Working Group must:
(1)
evaluate
the
costs
and
benefits
of
adopting
the
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75
ASRAEIUSGBVCIIESNA Standard
189.1;
and
(2)
recommend to the County Executive and County Council by
January 15, 2009, whether the County should adopt the
ASHRAEIUSGBCIIESNA Standard
76
77
78
189.1,
particularly the
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80
81
energy efficiency section, or any other building performance
standard.]
18A-12. Definitions.
e
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BILL
No.
6-14
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83
In
this Article, the following words have the meanings indicated:
["]Cap and trade program["]
means a program that places a limit on the
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85
aggregate net greenhouse gas emissions of the participants, while allowing the
transfer or sale of greenhouse gas emission allowances.
["]Carbon dioxide equivalent["]
means a given weight of a greenhouse gas
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that has the same global warming potential, measured over a specified time, as
a given weight ofcarbon dioxide.
["]Climate Protection Plan["]
means the plan to reduce the level of
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Countywide greenhouse gas emissions prepared under Section 18A-[[14]] 15.
["]Countywide greenhouse gas emissions["]
means the total annual greenhouse
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gas emissions in the County, measured in tons of carbon dioxide equivalents,
including all emissions from electricity generated outside the County but
consumed in the County.
["]Department["]
means the Department ofEnvironmental Protection.
["]Director["]
means the Director of the Department or the Director's
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designee.
["]Greenhouse gas["]
includes carbon dioxide, methane, nitrous oxide,
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100
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hydro fluorocarbons, perfluorocarbons, and sulfur hexafluoride, and any other
gas or substance the Director fmds to be a significant contributor to global
wannmg.
Home Energy Score
means an evaluation of the energy efficiency of a home
103
104
using the process developed by the United States Department of Energy.
[[Office
gf
Sustainability
or
Office
means the Office of Sustainability created
105
106
in Section 18A-13.]]
Sustainabilitv
means the creation and maintenance of conditions under which
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108
humans and nature can exist in productive harmony and permit fulfilling the
social. economic. and other reguirements ofpresent and future generations.
o
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No. 6-14
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18A[[.]];;:;13. [Sustainability Working Group] Department
of Environmental
Protection - Office of Sustainability.
[(a)
Definition.
In this Section, "Group" means the Sustainability Working
Group.]
[(b)
Established.
The Executive must appoint, subject to confirmation by
the Council, a Sustainability Working Group.]
[(c)
Members.
116
(1)
(2)
The Group has 26 members.
The Executive must appoint a representative from each of the
following Departments to serve as an ex officio member:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)
Environmental Protection;
Economic Development;
Finance;
General Services;
Management and Budget;
Permitting Services;
Public Information; and
Transportation
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(3)
The Executive must invite one representative from each of the
following to serve as an ex officio member:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
County Council;
County Planning Board;
Washington Suburban Sanitary Commission;
Montgomery County Public Schools;
Montgomery College;
a municipal government in the County; and
an appropriate regional organization.
o
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BILL
No. 6-14
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(4)
The Executive must appoint 11 public members.
members should include:
(A)
(B)
(C)
(D)
representatives ofthe business community;
The public
representatives of land development or building interests;
representatives of energy distribution or supply firms;
persons with expertise in stormwater management;
persons with expertise in clean energy and air quality;
persons with expertise in forest and habitat protection;
members of civic organizations active in County affairs;
persons with scientific and academic expertise; and
representatives of communications and media interests.
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[(e)
(4)
(3)
[(d)
(5)
(E)
(F)
(G)
(H)
(1)
The term of each member is 3 years. If a member is appointed to
fill a vacancy before a term expires, the successor serves the rest
ofthe unexpired term.]
Voting, officers, chairs, meetings, and compensation.
(1)
(2)
Each member of the Group is a voting member.
The Executive must designate the Director of the Department of
Environmental Protection and a public member to be Co-chairs.
The Group meets at the call of the Co-chairs. The Group must
meet as often as necessary to perform its duties, but not less than
quarterly.
A member serves without compensation. However, a member
may request reimbursement for mileage and dependent care costs
at rates established by the County.]
Subcommittees.
The Co-chairs, with the approval of the Group, may
create one or more subcommittees to assist in carrying out any function
of the Group. Any subcommittee must consist of at least 3 members.
G
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BILL No. 6-14
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Any subcommittee action is not the action of the Group and must not·
bind the Group or its members. The Co-chairs must select the chair and
members of each subcommittee, which may include persons who are
not members of the Group. However, the chair of each subcommittee
must be a member of the Group.]
[(t)
Duties.
By January 15,2009, the Group must:
(1)
conduct the greenhouse gas emissions inventory and recommend
the Climate Protection Plan as required under Section 18A-14;
(2)
conduct the annual inventory of the County's sport utility
vehicles and develop criteria to identify positions in County
government that should be assigned sports utility vehicles as
required under Section 18A-19;
(3)
evaluate the costs and benefits of a car share program as required
under Section 18A-22;
(4)
prepare a Telecommuting Action Plan as required under Section
33-24;
(5)
develop an energy baseline, energy unit savings plan, and energy
cost savings plan for each County building as required under
Section 8-14B;
(6)
evaluate options to create incentives for owners of commercial,
multi-family residential, and single-family residential buildings to
modify those buildings to increase their energy efficiency as
required under Section 8-14C;
(7)
evaluate options to minimize the impact on affordable housing of
achieving the ENERGY STAR rating as required under Section
8-14C;
0)
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BILL No. 6-14
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(8)
evaluate options to encourage homeowners to conduct energy
audits as required under Section 40-13B;
(9)
prepare a Renewable Energy Action Plan as required under
Section 18A-16 and
(10) evaluate
the
costs
and
benefits
of
adopting
the
ASHRAEIUSGBC/IESNA
Standard 189.1 as required under
Section 8-53.]
[(g)
Additional duties.
The Group may also recommend, as appropriate, any
action that promotes the improvement of air and water quality, habitat
restoration, economic vitality, and a high quality of life for all County
residents. This and other duties of the Group must not infringe on or
restrict the County Planning Board's authority under state and County
laws to conduct land use and transportation planning and other relevant
planning and analysis.]
[(h)
Annual report.
By January 15 each year, the Group must submit to the
Executive and Council an annual report on:
(1)
(2)
its activities, accomplishments, plans, and objectives;
actions taken to implement the Climate Protection Plan, and
whether the County is meeting the goals identified in the Climate
Protection Plan as required under Section 18A-14;
(3)
the use of biodiesel fuels in County vehicles, results of the sport
utility vehicle inventory, and the average fuel economy for
passenger vehicles and light trucks in the County fleet as required
under Section 18A-23;
(4)
action taken in the preceding year to
implement the
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Telecommuting Action Plan as required under Section 33-24; and
o
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No.
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(5)
steps taking in the preceding year to implement the energy unit
savings plan and energy cost savings plan for each County
building as required under Section 8-14B.]
[(i)
Advocacy.
The Group must not engage in any legislative advocacy at
the State or federal levels unless that activity is approved by the Office
of Intergovernmental Relations.]
[G)
Staff.
The Chief Administrative Officer must provide appropriate staff
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230
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to the Group.]
W
Created.
[[The Department of Environmental Protection must create]]
There is an Office of Sustainability in the Department of Environmental
Protection.
(hl
Duties.
The Office must:
[[ill
update the greenhouse gas emissions inventory as required under
Section
18A-14;
ill
conduct the annual inventory of the County's sport utility
vehicles and develop criteria to identifY positions in County
government that should be assigned sport utility vehicles as
required under Section
18A-19;
ill
develop an energy baseline, energy unit savings plan, and energy
cost savings plan for each County building as required under
Section 8-14B;
ill
ill
ill
evaluate options to encourage homeowners to conduct energy
audits as required under Section 40-13B; and
prepare an annual report, as required in subsection
hlJ]
promote residential energy efficiency and renewable energy
programs through direct collaboration with homeowners. renters.
property managers. real estate agents. and others to support:
@
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No. 6-14
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CA) auditing and assessment of residential properties. including
evaluating whether the County should require a Home
Energy Score to be conducted before the sale of single­
family home:
LW
(Q
energy efficiency retrofits;
utilization of available incentives from government.
utilities. and the private sector:
!Ill
utilization of clean energy technologies and purchasing of
clean energy; and
ml
healthy indoor air education programs;
a1
promote commercial and multi-family energy efficiency and
renewable
energy
programs
through
collaboration
with
commercial and multi-family property owners. managers. and
industrv associations to support:
CA)
benchmarking and assessment of commercial and multi­
family properties;
LW
(Q
energy efficiency retrofits;
utilization of available incentives from government.
utilities. and the private sector. including alternative
financing programs such as the Propertv Assessed Clean
Energy program; and
!Ill
utilization of clean energy technologies and purchasing of
clean energy:
ill
support green business development by:
CA)
expanding the Montgomery County Green Business
Certification Program:
@
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BILL
No.
6-14
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
LID
~
evaluating and promoting other robust third party green
certification and reporting programs:
connecting residents and businesses to providers of green
products and services; and
ill)
fostering green business market opportunities;
ill
support tree and forest programs by:
[1!Al
developing and disseminating information regarding the
planting. care, and protection of trees and forests:
LID
developing and promoting planting programs. including a
program to encourage tree planting by residents in
communities. created as a result of the County's tree
canopy law;
~
maintaining a website that coordinates tree planting and
education efforts;
(D) compiling data on the status of tree and forest resources in
the County. including information on tree planting
activiti es;]]
fA)
developing
overal1m~d
individual tree canopy and planting
goals to serve as a baseline for measuring success:
LID
connecting and informing the public about the County's
tree planting. preservation. and programs and providing
information on tree planting techniques. tree care. species
selection and related activities. through a
for this purpose:
W"~bsite
created
~
developing and implementing a public engagement
strategy to encourage community and individual tree
@
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BILL
No.
6-14
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
~
planting on private and public lands and cultivating new
partnerships in support ofthese activities: and
ill}
compiling and disseminating infonnation on the status of
the County's tree and forest resource on a regular basis:
ill
promote partnership
developIIl,~nt
and civic engagement by:
CA)
maintaining and leveraging partnerships with local
community groups. civic organizatiol!§. HOAs and
businesses
to
expand
the
County's
environmental
educational reach
Wl
organizing community-based environmental activities and
outreach programs: and
promoting the environmental programming and events of
Montgomery County Public Schools, local colleges and
universities, and other educational institutions in the
County:
(Q)
provide data analysis and research m support of County
sustainability goals and objectives by:
CA)
maintaining data on County greenhouse gas emissions and
building fuel energy consumption:
Wl
reporting progress on meeting the greenhouse gas
reduction goals in the 2009 Climate Protection Plan:
evaluating options for a broader Countywide sustainability
reporting framework;
providing
research on and analysis of emergmg
sustainability issues;
providing any other data and analytical efforts in support
of County's sustainability objectives; and
@
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BILL
No. 6-14
321
322
323
324
325
326
327
328
329
330
331
332
333
(f)
every 2 years. beginning on [[January 15]] February 1.
2015, applying a scoring system designed to compare the
Countv to other local jurisdictions on energy efficiency
policies and programs: and
ill
(£)
prepare an annual report. as reQuired in subsection (cl.
Annual report.
fu
[[January 15]] February 1 each year, the Office must
submit to the [[County Executive and]] County Council an annual
report on:
ill
ill
its activities, accomplishments, plans, and objectives;
actions taken to implement the Climate Protection Plan, and
whether the County is meeting the goals identified in the Climate
Protection Plan as required under Section 18A-[1lil]15;
334
335
336
337
338
339
340
341
342
343
344
345
346
347
ill
ill
W
its activities to enhance tree canopy in the County; and
the score established under paragraph (bX6)(Fl.
18A-14.
Department of General Services- Office of Energy and Sustainabilitv.
Created.
There is an Office of Energy and Sustainabilitv in the
Department of General Services.
£hl
Duties.
The Office must:
ill
ill
develop an energy baseline, energy unit savings plan. and energy
cost savings plan for the Countv's building portfolio:
develop a comprehensive plan to reduce the energy consumption
and impact of fleet operations, which may include the use of
alt~11"1ative
fuels, reductions vehicle miles traveled. improvements
in vehicle efficiency. or vehicle electrification strategy;
!l)
execute plans to use Energy Performance Contracting to improve
the efficiency of County buildings, as authorized by the Director
of General Services:
@
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BILL
No. 6-14
348
,349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
ill
develop and execute the County's renewable energy plans.
including the purchase of renewable energy and deployment of
solar and other clean energy sources across County facilities.
ill
coordinate with the Office of Procurement to develop green and
environmentally preferable purchasing plans:
~
develop
initiatives.
plans.
and
projects
to
reduce
the
environmental impact of County operations and foster a culture
of sustainability within the County Government and
ill
prepare and submit data summarizing efforts to reduce the
environmental impact of County operations to any annual
Sustainability report prepared by the County Executive
collaboration with other Departments and Agencies.
ill
L£J
Annual report.
By [[Januarv 15]] Februarv 1 each year. the Office must
submit to the [[County Executive and]] County Council an annual
report on:
ill
ill
ill
its activities. accomplishments. plans. and objectives:
actions taken to reduce the energy consumption and impact of
fleet operations:
the use of biodiesel fuels in County vehicles. results of the sport
utility vehicle inventory. and the average fuel economy for
passenger vehicles and light trucks in the County fleet as required
under Section 18A-23: and
ill
steps taken in the preceding year to implement the energy unit
savings plan and energy cost savings plan for [[each County
building]] the County's portfolio of buildings as required under
Section 8-14B.
@
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BILL
No.
6-14
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
18A-[[14]]lS. Climate Protection Plan.
(a)
Inventory.
The Office of Sustainability [Working Group] [[must]]
[conduct
a.]
in the Department of Environmental Protection may update
the greenhouse gas emissions inventory to determine the amount of
greenhouse gases emitted in the County and submit a written report on
the inventory to the County Executive and County Council [[by January
15, [2009] 2015]].
(b)
Reduction ofgreenhouse gas emissions.
The [Sustainability Working
Group] Office [[must]] [prepare a] may update the County Climate
Protection Plan [[by January 15, [2009 that outlines] 2015]]:. [[This]]
Any update [[must outline a plan to reduce]] should report the County's
progress on reducing Countywide greenhouse gas emissions to 80%
below the amount of greenhouse gas emissions in the base year
identified in the inventory prepared under subsection (a) by January 1,
2050, including [[a plan to [stop increasing Countywide greenhouse gas
emissions by 2010 and] achieve]] any reCQrnmendations that would
ensure a 10% reduction every 5 years through 2050.
*
(d)
*
*
Preparation.
In
preparing [[the]] any update to the Climate Protection
Plan, the Office [Sustainability Working Group] must:
(1)
consider greenhouse gas emissions reduction programs in other
jurisdictions;
(2)
evaluate the potential costs and benefits of different options for
reducing greenhouse gas emissions to the County's economy,
environment, health, safety, and welfare; and
(3)
use the best available economic models, emissions estimating
techniques, and other scientific methods.
®
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BILL No. 6-14
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
(e)
Annual report.
The [Sustainability Working Group] Office of
Sustainabilitv must submit a report to the County Executive and County
Council by [[January 15]] February 1 of each year that specifies:
(1)
the actions taken to implement the Climate Protection Plan in the
preceding fiscal year; and
(2)
whether the County is meeting the goals identified in the Climate
Protection Plan.
[18A-15. Carbon tax] [[Reserved]).
[(a)
In
this Section, the following words have the meanings indicated:
"Carbon tax' means a tax that is proportionate to the amount of carbon
dioxide produced by an energy source.
"Fuel energy tax" means the fuel energy tax imposed under Section 52­
14.
(b)
The Sustainability Working Group must:
(1)
evaluate the costs and benefits of converting the fuel energy tax
to a carbon tax; and
(2)
submit findings and recommendations to the County Executive
and County Council by January 15, 2009, including a
recommended methodology for converting the fuel energy tax to
a carbon tax.]
18A-16. [Renewable Energy Action Plan] Reserved.
[(a)
Definitions.
In
this Section, the following words have the meanings
indicated:
"Department" means the Department of Environmental Protection.
"Director" means the Director of the Department or the Director's
designee.
"Renewable energy" means the following energy sources or technology:
@
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BILL No. 6-14
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
(1)
(2)
(3)
solar;
wind;
geothennal;
(4)
tidal;
(5)
methane from anaerobic decomposition of organic materials in a
landfill or wastewater treatment plant; and
(6)
any other energy source or technology which the Director
finds
is
derived from natural processes that do not involve the
consumption of exhaustible resources.
"Sustainability Energy Fund" means a non-profit organization which:
(1 )
develops end-user markets for products and services relating to
energy efficiency and renewable energy; and
(2) serves as a point-of-contact for end-users to obtain infonnation
about products and services relating to energy efficience and
renewable energy.
"Sustainability Working Group" means the Group defined in Section
18A-13.]
[(b)
Study.
The Sustainability Working Group must prepare a Renewable
Energy Action Plan after evaluating the costs and benefits of options to
increase renewable energy use in and by the County, including the
feasibility of creating a Sustainability Energy Fund.]
[(c)
Initial report.
The Sustainability Working Group must submit a report
to
the County Executive and County Council by January 15, 2009 that
identifies the components ofthe Renewable Energy Action Plan.]
[(d)
Energy work program.
The County Executive's energy work program,
required by Section 18A-2, must identify any action necessary to
implement the Renewable Energy Action Plan.]
@
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BILL No. 6-14
455
456
457
458
18A-17. Definitions.
In this Article, the following words have the meanings indicated:
["]ASTM["]
means the American Society for Testing and Materials.
["]B20["]
means a biodiesel blend of 20% biodiesel and 80% petroleum diesel
459
460
fuels.
["]Biodiesel["]
means any biomass-based diesel fuel certified by the
461
462
Environmental Protection Agency.
["]Biodiesel blend["]
means a blend of biodiesel fuel, designated BXX, where
463
464
465
466
467
468
469
470
471
472
XX represents the volume percentage ofbiodiesel fuel in the blend.
["]
Car share program["]
means a program that allows County employees to
conduct County business using motor vehicles which:
(1)
(2)
are owned or leased by the County; and
County residents and businesses can lease when they are not being used
for County business.
["]
County fleet["]
means all passenger vehicles and light trucks owned or
leased by the County.
["]County vehicle["]
means any motor vehicle owned or leased by the County.
["]Department["]
means the Department of General Services.
["]Diesel foel["]
means a distillate fuel for use in diesel engines.
["]Director["]
means the Director of the Department or the Director's
473
474
475
476
designee.
["]Fuel economyr']
means the federal Environmental Protection Agency's
477
478
combined (city and highway) fuel economy estimate for a vehicle.
["]Light truck["]
means a motor vehicle with a gross vehicle weight of less
4 79
480
than 8,500 pounds which is:
(1)
designed primarily for transporting property;
®
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BILL
No. 6-14
481
482
483
484
(2)
designed primarily for transporting persons and has a capacity of more
than 12 persons; or
(3)
available with special features that enable off-road operation or use.
["]Miles per gallon["]
means the distance traveled in a vehicle powered by one
gallon of fuel.
485
486
Office
Q[
Energv and Sustainability
or
Office
means the Office of Energy and
Sustainability in the Department of General Services created in Section
18A-[I1II]~
487
488
489
["]Passenger vehicle["]
means a motor vehicle, except a light truck or
motorcycle, designed to carry no more than 12 persons.
490
491
["]Public safety vehicle["]
means a motor vehicle whose primary purpose is
patrol, transport, emergency response, or another purpose that requires
specialized equipment or capabilities, which is used by:
(1)
(2)
(3)
(4)
the Department ofPolice;
the Fire and Rescue Service;
the Department of Correction and Rehabilitation; or
any other County department or agency.
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
["Sustainability Working Group" means the Group defined in Section 18A­
13.]
18A-19. Sport utility vehicles.
(a)
The Office ofEnergy and Sustainability [Working Group] must conduct
an annual inventory of the County's sport utility vehicles and:
(1)
(2)
identify the function that each sport utility vehicle performs;
identify the most fuel-efficient type of vehicle that could
reasonably and satisfactorily perform the function that each sport
utility vehicle performs; and
@
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BILL
No. 6-14
507
508
509
510
511
512
513
514
(3)
eliminate or replace any sport utility vehicle for which a more
fuel-efficient vehicle could reasonably and satisfactorily perform
the identified function.
(b)
The [Sustainability Working Group] Office must develop criteria to
identify which positions in County government should be assigned a
sport utility vehicle from the County fleet. The Director must follow
this criteria when assigning vehicles from the County fleet.
18A-20. Fuel economy standards.
(a)
The Office
[[Qf
Sustainability]] [Working Group] must develop a
strategy to achieve a significant improvement in average County fleet
fuel economy standards [[as part ofthe Climate Protection Plan required
under Section
18A-14]].
(b)
[Applicability.]
This Section does not apply to public safety vehicles.
515
516
517
518
519
520
18A-23. Annual report.
By [[January 15]] February 1 each year, the Office of Energy and
Sustainability [Working Group] must submit to the County Executive and County
Council a report on the:
(a)
use ofbiodiesel
in
County vehicles, including the quantity, blend, price
per gallon, and average fuel consumption;
(b)
results of the inventory of sport utility vehicles conducted under Section
18A-19;
and
521
522
523
524
525
526
527
528
529
(c)
average fuel economy for passenger vehicles and light trucks in the
County fleet.
530
531
532
40-13B. Energy performance audits--single family homes.
(a)
Definitions.
In
this Section, the following words have the meanings
indicated:
["]Department["]
means the Department ofEnvironmental Protection.
533
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BILL
No. 6-14
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
["]Director["]
means the Director of the Department or the Director's
designee.
["]Home energy audit["]
means an evaluation of the energy efficiency
of a home which includes any test or diagnostic measurement which the
Department
fmds
necessary to:
(1)
(2)
ensure that a home's energy efficiency is accurately measured; or
identify steps that can be taken to improve a home's energy
efficiency.
Office
Q[
Sustainability
or
Office
means the Office of Sustainability in
the Department of Environmental Protection created in Section 18A-13.
["]Singlejamily home["]
means a single-family detached or attached
residential building.
["Sustainability Working Group" means the Group defined in Section
18A-13.]
(b)
Before signing a contract for the sale of a single-family home, the seller
must provide the buyer with:
(1 )
material approved by the Department that gives information
about home energy efficiency improvements, including the
benefit of conducting a home energy audit; and
(2)
copies of the electric, gas, and home heating oil bills or cost and
usage history for the single-family home for the immediate prior
12 months, unless the single-family home was unoccupied for the
entire prior 12 months. If the seller did not occupy the single­
family home for the entire prior 12 months, the seller must
provide the buyer with the required information for that part of
the prior 12 months, if any, that the seller occupied the single­
family home.
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BILL
No. 6-14
561
562
563
564
(c)
The Office of Sustainability [Working Group] must evaluate options to
encourage homeowners to conduct a home energy audit, including
whether the County should require a home energy audit to be conducted
before the sale of a single-family home.
565
566
Approved:
Craig
L.
Rice, President, County Council
567
Approved:
Date
568
Isiah Leggett, County Executive
569
570
Date
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk ofthe Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 6-14
Environmental Sustainability
-
Office ofSustainability
-
Established
DESCRIPTION:
PROBLEM:
Would create an Office of Sustainability
in
the Department of
Environmental Protection.
In
2008, the Council tasked a Sustainability Working Group with the
responsibility of guiding our County's greenhouse gas reduction
implementation. The Working Group
has
not met or produced
anytlring in recent years.
To make greenhouse gas reduction policy and its implementation a
fundamental responsibility of County government, with concomitant
accountability .
Department of Environmental Protection, Office of Management and
Budget, County Executive
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, 240-777-7815
To be researched.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITmN
MUNICIPALITIES:
PENALTIES:
Not applicable.
F:\LAW\BILLS\l406 Office OfSustainability\LEGISLATIVE REQUEST REPORT.Doc
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·~,
ROQU
BIiItUNI!R
COUNCll.M.lMlI.ER
DUIT1l1C'T
I
MONTOOMERY
CDl.1tltl'Y
cOuNaL
itDt'I..vu,u.
".I>.~n.4\U~
5'
'f1l~NsrOIt
r ATIIlN.
ESEAOY a ENylll.oj.lNEN·T
CO~MITTa
CttAlI
!!U.l'I
II'lFl'I.S.T.II.J.!C'T'V.aJ;
Dear
Colleague$,
Next
Mdt
1
will
be'introdudsrg
a
~of
1.3
cnergy~.~
tba1
are
daip:d
to
~
that
~mery
COumy
rcmai:nt
at
the.
sustai~
fOtcfiDDl I
would
be
pleased
to
tHn1I::pou
COIIpQiUOr
SOl'QI:
or
~
of
~~
These
measures
focus
en.renewable
entm'.
c=rgy
~y~ ~t
and
penunc:ul
~ty.
I
b.a'w:
att.acbtch
faa:lhecrt
thaL
if.\'es.
b,ief
clc:scrip1:ioq
o!
each
Dflbem,.
and.
of
counrc:
would
be;
happy
tn
d~US511.'1rJ
of
them.
in
ilealer
delai1
should you
hall'C
questions.
1
was
iDspircd
by
our CaUDell's decision
t!l8$SCrt
its
~p.
in
the
eo.ntcxt
of
n:ducin&
the
gap
ill
~
dispirities
by
passmg
a
Ioc.il
iliiPimwn
I
Jbinl:
all
of
lIS
appredale
that
the
federal
.,~
bas
bceome
so
dysfimctiooal
that
we
em
expect liuJe
pt'Op:si
on
may
ollhc
issues
we
CIU"C
deq)ty
about.
lQdeed,
~c ~
of
Drookiogs
r:eceutly
described
the
fede5JI
~t
as a
'1ar&c
health
insunmce
company
With
lID·aany."
Sis
0leJis,.
wbid1.I
share. is
1NIt
our
go~-emina
P,anldi1PD
has
shifted from
a:topdoW.n
Jed
by
the
federal
gtWtinmc:nt
to
a bottom·up.Jcd
by
local
..,...Ia.w,
governments
Jib
m,u:s.. ..
1
say
all
of
this
~
we
ne,ed
~ ~
IJl<m:
if
~
arc
to
addn:s:s
It
i.t
obvious}yDDt a
hoax
.·?toe
tnowwhat
we necdto'do
to.addR:ss
iL
We need
to
use
less
~
and
cleaPC!J'~. ~
'IlUal*bg,e of
bil.li
is
taken
in
m.my
initances
.ficnn
what
other
Ic;adiDgjurisdictions'~
doinJ·-
from
Chicago
to
~e
to
Cafifmnia
aod
New York
SIIltC:s.
The;-.aR':.
mix
of1edma
by
CX8I1'Iple,.
rewarding"
gr=q .
'busina!llCS,.supporting
mmXet
f~
adopting
mqye
~
staDdan!s.
iInd
holding
aUr
county ,RPvr::tnrnc\Id
acc:ountabiUty.
elhnatc
cbanp.
Hold.in& DIB'Sdvcs
accoutItablc;
is
;mportanL Wb.eD
abe
CQuncil'
passed
I .
.similar
package
in
2008,
\J,'e
~ed
a:
S~lity
WarltiDg
Omup
with
the priDclplc'
respMsnmity
tor
~
our
County
to
ac:bievo our
fmm~gqaI
of
~11i ~
gas
emissi~
by 80
pCrcent
by
2050.
It
is lime
now
fO
make this
acore
gQvemrnmt
STa.lA
B.
WEJUB.
OI'FICISUI..DING •
100
~
AJ.eU',
6
111
f'I.OcMt.
AcIcXIrIU..E,
~ ~
. 2!4o.-m·78Z! oa 2.'10-777--7900. m
:z.m-7914,
FAXl40-m-798t­
wwW-~!iW
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~lity1
aadthis
pac~.!ncl~ a.~
tbatwill
~
an·offk.e
(J(
S_inabiJity
within
DEl
whose
pnlttipal
reapoIISl'bilily'
wilI1le'tc1 monitor
bow.
are
doin¥
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ROCKVII.LE, !vtARr1..AND
MEMORANDUM
February 5, 2014
TO:
FROM:
or, 'Ice of Management and Budget
, cpartment of Finance
Bill 2-14,
Envirol1me~tal
Sustainability - Buildings Benchmarking
Bill 3-14, Build,ings .... Energy Efficiency _., Energy Standards
Bill 4-14. Street and Roads - County Street Lights
Bill
5-14, Environmental Sustainability ..... Social Cost of Carbon Assessments
Bill 6-14, Environmental Sustainability - Office of Sustainability - Established
Bill
7-14, Contracts and Procurement - Certified Green Business Program
Bill 8-14, Buildings - COlmty Buildings ...., Clean Energy Renewable Technology
Bill 9-14, Environmenta I Sustainability - Renewable Energy - County Purchase
BiU
10-14, Buildings - Solar Permits Expedited Review
Bill I 1-14, Buildings . Electric Vehicle Charging Station Permits - Expedited
Review
SUBJECTS:
As required
by
Section 2-81 A of the County Code, we are informing you that transmittal of
the fisc,al and economic impact statements for the above referenced legislation will
be
delayed
because more time is needed to coordinate with the affected departments, collect information, and
complete our analysis of the fiscal and economic impacts. While we are not able to conduct the
required detailed analyses
ai
this time, it is clear that a number of these
bills
could have significant
fiscal impacts.
Due to this year's heavy workload on Executive
brdllch
staff in developing both a fnll capital
budget and an operating budget, the flscal and economic statements will be tnlnsmitted after March
17,20l4.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy Nunni, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Marc P. Hansen, Office of the County Attorney
Robert Haged(lom,
Department of Finance
David Platt. Department of Finance
Alex Espinosa, OIftce ofManagement and Budget
Mary Beck, Office of Management and Budget
Naeem Mia. Office of Management and Budget
Felicia Zhang, Office of Management and Budget
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TESTIMONY ON BEHALF OF COUNTY EXECUTIVE ISIAH LEGGETT
ON ENVIRONl\1ENTAL AND SUSTAINABILITY PACKAGE
Bills 2-14, 3-14, 4-14, 5-14, 6-14,7-14, 8-14, 9-14, 10-14, 11-14, 12-14
February 11, 2014
Good evening Council President Rice and members of the County Council. My name is Bonnie
Kirkland and I am pleased to be here on behalf of County Executive Isiah Leggett to testify on
the package of environmental and sustainability measures introduced on February 4, 2014 by
Councilmember Berliner and others. Mr. Leggett supports Councilmember Berliner's initiative
and the Council's efforts to address the need for more sustainable development in Montgomery
County. Following up on recommendations from the Sustainability Workgroup, this package of
renewable energy, energy efficiency and sustainability measures will take the County to the next
level of environmental excellence.
Sustainable development has been defined as meeting the needs of the present without
compromising the ability of future generations to meet their own needs.! The path forward
requires understanding and plabning: understanding how existing buildings peiform and how
pi armed buildings are expected to perform; and designing buildings and other infrastructure that
reduce materials consumption, reuse materials, reduce energy consumption and maximize the
use of renewable resources.
County Executive Leggett recognizes that the path forward will involve substantial change and
commitment on the part of both the public sector and the private sector. He is committed to
working with the Council. on this package during the coming weeks to develop the most
progressive and reasonable legislation achievable that will balance both the compelling need to
achieve sustainable development and the budgetary realities faced by the County and our local
businesses to fully implement the approved changes the legislative package requires.
Stewardship for future generations has been a cornerstone of
Mr.
Leggett's Smart Growth
Initiative in terms of planning for future growth at appropriate transit oriented locations. The
County Executive applauds Councilmember Berliner's and the sponsoring council members'
vision and recognition of the need for stewardship of our precious resources for future
generations.
1
International Institute for Sustainable Development quoting from the World Commission on Environment and
Development (WCED).
Our common future.
Oxford: Oxford University Press, 1987 p.43.
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AIA Potomac Valley
A Chapter of the American Institute of Architects
Date:
To:
February 11, 2014
Roger Berliner, Nancy Floreen, Hans Reimer
Montgomery County Council, Transportation and Energy Committee Members
American Institute of Architects, Potomac Valley Chapter
From:
Subject: February 11, 2014, Public Hearing on Proposed Environmental and Energy Bills
The local American Institute of Architects, Potomac Valley Chapter (AIA-PV) is writing to provide comment
on proposed environmental, sustainability, green building and energy legislation that is summarized in
Attachment
A.
Throughout 2013, the AIA-PV has been working to assist the Department of Permitting Services by
providing multi-disciplinary expert review and comment on green building codes that the county is
considering adopting. We have submitted detailed comments to the Department and urged them to
proceed slowly and cautiously in order to give design professionals, builders, and owners time to acclimate
to the requirements, especially criteria that have the potential to slow economic development in the county.
We advise you to do the same before moving forward to adopt new or revised environmental and energy
legislation.
In addition, we advise you to seek green building
code solutions
that are effective industry-standard tools
to achieve your goals and avoid regulations that make development more time consuming and confusing.
Sincerely,
Eileen Emmet, AlA, IgCC Task Force Co-Chair, eemmet.aia@gmail.com
William (Bill) LeRoy, AlA, IgCC Task Force Co-Chair, wI70@icloud.com
cc:
Loreen Arnold, AIA-PV President 2014, larnold@ktgy.com
Scott Knudson, AlA; AIA-PV Past-President 2013, sdgknudson@gmail.com
Ralph Bennett, AIA-PV, IgCC Task Force, ralph@bfmarch.com
Dan Coffey, AIA-PV, IgCC Task Force, dcoffey@therrienwaddell.com
Attachment A: AIA-PV Ju Iy 30, 2013 IgCC Executive Summary
Attachment B: AIA-PV Feb. 4, 2014 Letter to Diane Schwartz-Jones w/AIA-PV Executive Summary
7.30.2013
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AlA Potomac Valley
A Chapter of the American Institute of Architects
Attachment A
2-14: Benchmarking
Benchmarking typically means a baseline against which performance is measured. Reporting for a year is
required here (reasonable given seasonal variation) using Portfolio Manager (appropriate), but continuing
energy reporting is inevitable and could be addressed by the legislation.
3-14: Building Energy Efficiency - Countywide
The County adopted the International Energy Conservation Code in 2013. This proposal refers to other
energy codes included in'LEED, and its impact should be assessed. Assumedly, the law intends to include
LEED v.3; it should specify since v.4 is more stringent. LEED addresses many more issues than energy; if
energy is the concern, it may be better to use energy codes.
4-14: County Street Lights
The assumed purpose is to reduce energy costs while maintaining appropriate lighting levels. LEED may
not be, and is not the only answer here. So energy performance of possible alternatives should be
addressed.
5-14: Social Costs of Carbon
Good intention - Many sectors of the economy exist only by shedding externality costs onto others. This
also addresses the equity leg of the three-legged stool of sustain ability.
Metrics here are new, unevenly available, and contentious. As long as the measurements are for
information and not used to penalize or qualify projects, this may be a useful window into real sustainability.
6-14: Office of Sustainabilitv
Parallels such agencies elsewhere - their success should be studied before full commitment. Full inclusion
of appropriate agencies should be mandated - turf wars are inherent in the placement of such an agency
within DEP. Implementation expertise is in permitting. Consider attaching to the Executive.
7-14: Certified Green Business Program
Which Certification will DEP use? Without this, it is difficult to know what the impact will be. The procedures
included for selection of a system or systems will take a year, at least.
8-14: County Buildings, Renewable Energy Technology
This assumes that all county buildings can feasibly provide 1
kw/1
000 sf by photovoltaic generation. This
rnay not be feasible for all buildings - offsets and other on-site energy technologies should be permitted
including ground source heat pumps which LEED does not recognize as on-site energy. Renewable Energy
Credits be clarified in lieu of 'Offsets:
9-14: Renewable Energy Purchase: 50% by next year; 100% by 2020
Assumedly, this addresses County government's energy use. Will this extend to quasi-government
agencies like HOC? Do they know about this?
10-14: Expedited Review of Solar Permits; 50% permit fee reduction.
Good idea.
11-14: Electric Vehicle Charging Station Permits; 50% permit fee reduction
Good idea.
12-14: County Employee Telecommuting
Good idea.
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AlA Potomac Vall
ey
A Chapter of the American Institute of Architects
ATTACHMENT A
EXECUTIVE SUMMARY
AJA-PV
Igee
Task Force
July 30, 2013
Start Small:
There are many reasons to start small and expand with subsequent revision cycles. This allows time for the
industry to come to grips with the new requirements of green codes. It also allows the opportunity to gather
real data on the costs and benefits of its implementation.
Montgomery County has diverse building types in urban, suburban and rural settings therefore allowing
altemative compliance paths is helpful and necessary to address these varying conditions.
One method for a phased approach is to make compliance optional and create incentives for complying
with the code. Incentives can take the form of tax breaks, expedited permitting, or reduced permitting fees.
Another method is to make the most demanding requirements electives and specify a minimum number
required. This also provides the opportunity to collect real world data. There is still skepticism about the
business model for green building and energy efficient operational directives. Carefully crafted electives
and pilot studies can help address that issue. This is the approach taken in the PV-Task Force's detailed
recommendations in Attachment B.
Administrative Provisions:
The manner in which the DPS will manage review of projects under the green code is critical to its success.
The PV-TF recommends that the DPS create standard forms, templates, and electronic submission
protocols and have them in place on the date of adoption in order to administer the requirements in an
efficient and effective manner. The requirements of the code also indicate a need for additional DPS
review staff to avoid lengthening already long review times. DPS staff will need to be educated and fluent
in the code criteria of several compliance paths because alternative compliance paths will have the best
chance of a successful implementation process.
Jurisdictional Requirements:
Chapter 3 Jurisdictional Requirement 301.1.1, Scope Application: The task force recommends retaining
the option of IgCC
.!2I
ASHRAE 189.1 compliance paths, thus retaining maximum flexibility for the deSign
team to choose the compliance path applicable to the building type and location. The task force further
recommends that LEED Silver should be allowed as an alternative, non-mandatory, compliance path,
because it has an established format, method of compliance, and documentation templates.
Electives:
Table 302.1, Requirements Determined by the Jurisdiction: The task force recommends striking the
adoption of Table 302.1, the list of 22 additional requirements to be designated by the AHJ. The group
feels that the overall number of electives required should apply to the entire code with some exceptions as
noted in the Detailed Chapter Analysis and Recommendations.
Flexibility for the applicant is important. For new construction, 20% of electives are a reasonable number if
the credits are spread among a minimum of four chapter categories. For existing buildings, 15% of
electives are a reasonable number if the credits are spread among a minimum of two chapter categories.
1
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. A Chapter of the American Institute of Architects
AlA Potomac
Valley
Square Footage (SF) Size Thresholds:
Across-the-board square-footage size requirements will make adoption of the IgCC a hardship for many
project types. The recommendation is to scale the SF thresholds based on the industry standards for type
of use and energy use because the variables fall into three categories: a) applicability of the code, b)
mechanical systems, and 3) envelope design. This will take more time to analyze and the PV-Task Force
can assist the DPS to better define these thresholds.
Adoption in Other Jurisdictions:
While the scope of regional adoption ofthe IgCC was not a primary task for the PV-Task Force, the group
notes the following observations in regard to green code adoption in the region:
Baltimore City Adoption
• In Baltimore City all newly constructed, extensively modified buildings that have or will have at least
10,000 square feet must be LEED-Silver certified or comply with the Baltimore City Green Building
Standards (a LEED-like standard).
• Baltimore City is soon to introduce legislation expanding the options for building owners to select
from a menu such that a project can be: LEED-Silver certified, or complies with the IgeC, or meets
the ASHRAE 189.1 standard, or satisfies Enterprise Green Communities requirements, or
complies with ICC 700. (This menu approach is similar to what DC is moving to.)
• The menu approach under legislative consideration will amend the existing Baltimore City Green
Building Law whereby the listed options may be available in
4th
quarter 2013 and the existing
city-drafted regulatory alternative to LEED will remain available until June 1,2015.
• The only real controversy in proposed legislation has been about the definitions for modified (Le.
the threshold for renovated buildings) structures and in the newly proposed code nearly all
renovations will have to comply with the law.
Washington, D.C.
• Although typically slower than Maryland in adopting new code cycles, DC includes stakeholders in
the process of code adoption. In the case of the IgCC, to date the input seems to be a great
success.
• DC is considered a national green building leader. Green building standards there do not seem to
be a deterrent to development.
• DC has adopted a modified approach to IgCC adqption. They moved many items to the Appendix
section and recommended 15 credits be achieved, in any category, from 75 credit options.
• DC is more urban than Montgomery County. yet has several paths to compliance: IgCC. ASHRAE
189.1, LEED, and Enterprise Green Communities
Virginia Adoption
Adoption of the IgCC does not seem imminent. In conversations with VA officials, one of the main
issues in adopting the Igee is related to the land use, zoning, related impact the overlay code might
have. Since the state of Virginia sets building codes. without local amendments, tpe IgCC might be
considered too difficult to implement with such a diverse landscape, the officials stated that they do
not plan to adopt at this time. If less restrictive to permit there, it could be perceived as an economic
disadvantage to build or renovate in Montgomery County.
2
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AIA Potomac Valley
A Chapter of the American Institute of Architects
February 4, 2014
Ms. Diane Schwartz-Jones, Director
Department of Permitting Services
255 Rockville Pike, 2nd Floor
Rockville, Maryland 20850-4166
Dear Ms. Schwartz-Jones,
Re:
Copy via email to diane.jones@montgomerycountymd.gov
AlA-Potomac Valley Chapter, IgCC/ASHRAE 189.1 Task Force Recommendations
On July 30, 2013, the AlA-Potomac Valley Chapter (AIA-PV) submitted recommendations to you in regard
to possible adoption of the International Green Construction Code (lgCe). As you know, theAIA-PV has a
task force group who has been working together on this subject matter for some time. The group is
comprised of a multi-disciplinary group of design professionals: architects, engineers, a
developer/landscape architect, a builder, and others.
This letter provides supplemental information that responds to your staff's request that our group also
review and make recommendations in regard to possible adoption of the ANSI/ASHRAEIUSGBCIIES
Standard 189.1-2011 - Standard for the Design of High-Performance Green Buildings, Except Low-rise
Residential Buildings (also referred to as ASHRAE 189.1, 2011. ASHRAE 189.1 Is an alternative means
of compliance incorporated into the IgCC 2012 codebook. We hope this additional information meets your
needs:
As mentioned in our July 30,2013 letter, the AIA-PV group still recommends that Montgomery County:
Refer to our July 30, 2013 Executive Summary (Attachment A) and detailed recommendations
previously submitted
Proceed slowly and cautiously in order to give design professionals, builders, and owner's time to
acclimate to the requirements, especially criteria that have the potential to slow economic
development in the county while other nearby jurisdictions are taking a measured approach or not
yet shifting to these codes.
Adopt the IgCC and alternative compliance paths (including ASHRAE 189.1) and do away with the
current Montgomery County Green Building Law.
In addition, we recommend you create an industry advisory panel to make a solid implementation plan with
the Department of Environmental Protection (DEP). We feel this is important because most of the details
and issues to implement the County Council's proposed green building legislation are at the direction and
responsibility of the Director of DEP and because those legislations overlap with requirements in green
building codes that DPS is proposing.
.
The following items in Attachment B summarize the detailed analysis and recommendations of the
AIA-PV-Task Force in regard to ASHRAE 189.1*:
Section
Section
Section
Section
Section
Section
5, Site Sustainability
6, Water Use Efficiency
7, Energy Efficiency
8, Indoor Environmental Quality
9, The Building's Impact on the Atmosphere, Materials, and Resources
10, Construciton and Plans for Operation
* Unlike the IgCC, ASHRAE 189.1 does not have a chapter for historic and existing buildings so
comments on those building types have been incorporated into each section's recommendations.
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AIA Potomac Valley
A Chapter of the American Institute of Architects
Once you have had a chance to review our recommendations, the PV-Task Force members would be
pleased to meet with you in person to answer questions, clarify our recommendations, or address any item
of interest that we may have overlooked. Thank you for giving us this opportunity to assist you.
Sincerely,
Scott Knudson, AlA; AIA-PV Past-President 2013, sdgknudson@gmail.com
Eileen Emmet. AlA, IgCC Task Force Co-Chair, eemmet.aia@gmail.com
William (Bill) LeRoy, AlA. IgCC Task Force Co-Chair, wI70@icloud.com
Attachment A: AIA-PV July 30,2013 IgCC Executive Summary
Attachment B: AIA-PV ASH RAE 189.1 Recommendations
cc DPS: Hadi Mansouri, hadi.mansouri@montgomervcountymd.gov,
Mark Nauman, mark.nauman@montgomerycountymd.gov
Hemal Mustafa, hemal.mustafa@montgomerycountymd.gov
Cc: IgCC/ASHRAE 189.1 Task Force Members:
Ralph Bennett, AlA; Bennett, Frank, McCarthy Architects
Bruce Blanchard, Senior Consultant, Polysonics Acoustics
&
Technology Consulting
Daniel Coffey, Vice President, Therrien Waddell, Inc., Chairman USGBC-NCR, Montgomery County
Chapter
Stephen Kirk, International Code Council, Associate Member
Suketu Patel AlA LEED AP BD+C; President, Integrated Design Studio LLC
Kirill Pivovarov, AlA. LEED AP; Principal, RTKL Associates Inc.
Steven Schwartzman, AlA, LEED AP; Associate Principal, WDG ARCHITECTURE
Geoff Sharpe, ASLA
Catherine E. Sheehan, AlA, LEED AP
Adam Spatz, PE, LEED AP; Senior Mechanical Engineer, Greenman-Pedersen, Inc.
. Paul Tseng, PE, CxAP, CPMP, CMVP CEM, LEED AP; President, Founder. Advanced Building Performance
Amy Upton, LEED AP BD+C; Director of Environmental Design, Senior Associate, Grimm + Parker
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Mihill. Amanda
From:
Sent:
To:
Subject:
Faden, Michael
Tuesday, February 11, 2014 1:24 PM
Mihill, Amanda
"FW: Energy Bills Testimony
From: Robert Kaufman [mailto:rkaufman@mncbia.org]
Sent: Tuesday, February 11,
2014 12:44
PM
To: Berliner's Office, Councilmember; Riemer's Office, Council member; F1oreen's Office, Councilmember; Leventhal's
Office, Councilmember; Rice's Office, Councilmember; Eirich's Office, Councilmember; Andrews's Office, Councilmember;
Navarro's Office, Councilmember; Branson's Office, Councilmember; Hoyt, Bob
Cc: Goldstein," Steven; Gibson, Cindy; Faust, Josh; Healy, Sonya; Jones, Diane; Wright, Gwen; Zyontz, Jeffrey; Orlin,
Glenn; Faden, Michael; Michaelson,Marlene; McMillan, Linda; Kelly Grudziecki; Bruce H.
Lee;
Bryant F. Foulger; Bob
Harris; William Kominers; selmendorf@linowes-Iaw.com; tdugan@shulmanrogers.com; Montenegror@ballardspahr.com;
Pharr, Shaun; Clark Wagner; JRussel@rodgers.com; Paul Chad; Steve Robins; Steve Orens; IIaya Hopkins; llana Branda;
lisetracey@yahoo.com; gitaliano@bccchamber.org; Jane Redicker; Annette Rosenblum; mjackson@mncbia.org;
dswenson@mncbia.org
Subject:
Energy Bills Testimony
Please accept the following as Testimony on behalf of the MNCBIA concerning the various Energy related bills
introduced by Couneilmember Berliner and others.
Bills
11-14
and
10-14
Expedited Review
We understand and appreciate the desire to provide an expedited review as an incentive to promote use of energy
saving technology, the facts however suggest that all new buildings and remodeling meet substantially higher standards
of energy efficiency and all deserve efficient review and approval. Especially since passage of the
2012
Building and
Energy Code changes, all new and remodeled buildings today provide substantial energy savings and efficiencies.
Additionally, identifying specific permits to expedite may not be as simple as it seems given the complexities of today's
permits and construction techniques. The Solar permits or charging permits may be part of a much larger permit
application and may net be easily separated for expedited review. The MNCBIA recently established a Solar Energy
Program with ASTRUM Solar to encourage use of Solar installations on new homes and would in fact benefit from an
expedited process.
Instead, however, we urge the County to continue to improve the overall permit review and approval process so that
an expedited review becomes moot. We draw attention to and gratefully acknowledge the recent announcement by
DPS to institute an electronic plan submission for new construction and right-of-way permits and look forward to other
improvements.
Bill
6-14
Environmental Sustainability Office
Given the real world changes to our land use regulations and building codes, an office of sustainability best serves the
County as a comprehensive planning approach that encourages coordination and balance to maximize use and
maintenance of our complex systems that tie together smart growth planning
l
land use planning, building use, land use
and transportation. We support encouraging MNCPPC to create a position of a sustainability planner in MNCPPC
where we do our forward thinking. The Department of Environmental Protection provides guidance and support for
land use related issues and environmental stewardship of our land. $ustainability implies economics, construction,
1
@'
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,
..
"
government policy, business management, coordination, building technology as well as land use most of which remain
outside the purview of DEP.
Bill 3-14 Building Standards - LEED Silver
New buildings today increasing meet a minimum of LEED or other similar certification such as IgCC and Green Globes.
The LEED Silver level continues to evolve and relies on land use based issues as well and energy efficiencies that cannot
be easily achieved. We prefer continuing to allow the market place to work toward green options particularly in light
of the new energy and building codes and prefer capitalizing on the current market trend toward green certification at
the LEED certified, IgCC and Green Globes levels.
Bill 2-14 Benchmarking
Currently we operate on a whole new set of energy saving requirements for all new and remodeled buildings based on
the 2012 Building and Energy Codes. In addition, nearly all new buildings today meet LEED certified or similar standard.
Benchmarking becomes excessive under these circumstances. Additionally, we need to agree on what purpose the
benchmarking serves:
As
currently developed by EPA. the benchmarktng relates largely to greenhouse gas emissions
and not costs or energy use. This promotes use of natural gas and renewable energy sources over use of coal, oil, or
other carbon based fuel. Today the cost of gas remains comparatively low, this results often in cost savings, however,
most users have little say over the source of fuel used to generate electricity and cannot easily switch to gas or
renewable sources. Should gas prices rise, than any cost savings may evaporate. Nonetheless, we support the concept
of encouraging and supporting efforts to benchmark the energy use of buildings if only to set goals for energy savings
over time. We urge the Council to set up a working group to identify ways to best create, support, encourage and
measure building energy use that can be cost effective and manageable. Especially problematic concerns the
requirement to set up benchmarking apparatuses for residential and commercial tenants, or owners of condo space
within buildings.
The use of benchmarking can result in the highest energy savings with existing buildings. This unfortunately places the
greatest cost burden on the most affordable buildings with the lowest rents, both residential and commercial. Clearly if
the investment in energy savings saves money, the owners, tenants and the County have a natural incentive to set up
benchmarking. We urge the County to form a working groups of existing building owners and tenants to consider the
most effective way to encourage, support and afford energy re-commissioning.
S.
Robert Kaufinan
Vice President, Government Affairs
Maryland National Capital Building Industry Association
1738 Elton Road
Suite 200
Silver Spring, Maryland 20903
bkaufmanrcL;mncbia.org
(301) 445-5408 Office
(301) 768-0346 Cell
BIA's Networking Happy Hour- Feb. 20
&.
FREE Business Development Class
Click here for details and to register
FIL Speaker Series with Bryant Foulger- Feb. 21
Join us for breakfast. Click here
Celebrity Chefs
&.
Tabletop Night - March 27
Be a Chef or just come to eat. Click here for details
Check out NAHB's Member Advantage Program at www.nahb.org/ma
BUILDING HOMES
&.
CREATING NEIGHBORHOODS FOR 60 YEARS
1954-2014
2
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z
THE
VOICE OF MONTGOMERY COUNTYBUSINESS
MONTGOMERY COUNTY COUNCIL
PUBLIC HEARING
BILLS 2-14
THROUGH
12-14
FEBRUARY
10, 2014
As a Chamber of Commerce that recognizes the economic and environmental imperative of
greening the way we do business, we commend the County Council for the intent of this package
of bills. We believe that positioning our county as a place to do green business is a compelling
competitive advantage in today's marketplace. Supporting a green infrastructure is critical, as is
growing the number of green jobs that are created to meet the needs of the new marketplace.
There are, however, areas of concern with regard to the package. Below are specific comments on
a few of the bills. Broadly speaking, the fiscal impact statements will likely address the costs
associated with the various activities. It will be important to review these so as not to impose
undo burden as we
try
to move the marketplace. Where possible, incentives should be deployed
to encourage adoption of new practices and attainment of environmentally sustainable goals. We
would also like to see these bills work in concert with other county regulations so there is not
confusion in following or enforcing the regulations.
We see green as part of a larger economic development strategy for the county. The Green
Business Certification program is a terrific example of the business community working in
partnership with the Department of Environmental Protection and Montgomery College to
achieve environmental goals through a voluntary program. We look forward to working with you,
the County Council, to make sure this package is able to realize the stated intention of addressing
climate change at the local level to the greatest extent possible.
Comments on specific bills:
Bill 7-14 Contracts and Procurement -Certified Green Business Program
We applaud the County Council for recognizing the Montgomery County Green Business
Certification Program and finding ways to incentivize those companies interested in working with
the county to participate. We encourage the county government - or units within it - to become
"Green Certified" and to green its own supply chain by using environmentally preferable
purchasing of products and practices where appropriate. There is a green procurement bill
requested by DGS (HB 629) pending at the state which could serve as a guide.
According to the information provided by the Council staff, "The goal is to encourage businesses to
develop strategies for protecting the environment in their day to day operations." If the goal is
Gigi Godwin, President and CEO
Montgomery County Chamber of Commerce
51 Monroe Street, Suite 1800 Rockville, MD 20850
301-738-0015
www.montgomerycountychamber.com
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indeed to encourage more businesses to adopt green practices internally (such that they can be
certified by Montgomery County or another comparable entity), the county may also want to
explore using one or more of the many tools available outside of the county procurement process
and appropriate to all businesses to incentivize that initiative.
Coincidentally, there is also a bill in the General Assembly that focuses on creating Green Business
Incentive Zones (HB 473/SB 787) which also encourages the growth and success of this new
market player by offering incentives such as tax credits.
This bill, as drafted, uses the procurement process and the opportunity to gain preference as an
incentive. The procurement process is complex. Any modification to that process should be to
make it easier to do business with the county. We are concerned that by restricting the language
to "percentage price preference" companies that do have the right products or services, but have
not met the green business certification preference, may be at a disadvantage that ultimately
undermines the overall effort to reduce our collective ecological footprint. Therefore, we suggest
reviewing the ways that the procurement process can be used effectively, perhaps by including
green certification in the evaluation criteria or as a "tip over." This may more effectively
encourage companies to green themselves without inadvertently making the procurement
process more cumbersome and ultimately counter-productive in meeting the goal. It is worth
noting that "percentage price preference" language was struck from HB 629 mentioned above.
Bill 2-14, Environmental Sustainability - Buildings - Benchmarking
To the extent that buildings are a critical piece of the climate puzzle, it is important to understand
energy usage and work to conserve where we can. That being said, we encourage the Council to
look to federal regulations as many tenants in the county are federal offices or contract with the
federal government. Therefore, any new requirements for owners and/or tenants should conform
to federal standards.
Second, we firmly believe that
if
the county requires benchmarking of private property owners,
the county must be able to participate in the program as well. Taxpayers should know the
efficiency of the buildings they are paying to operate. Last, for those older buildings that will be
among the least efficient, the program must provide some process to help with mitigation,
whether it be providing priority for county programs or other education and incentives to address
problems.
Bill
5-14,
Environmental Sustainability - Social Cost of Carbon Assessments
It is unclear, based on our reading of this bill, how the EPA method that was developed for
regulations/legislation would be applied to Capital Improvement Projects or energy efficiency
improvements in general.
It
is also unclear how information gleaned from the calculation would
be used to reach any conclusion on the viability of a project.
Gigi Godwin, President and CEO
Montgomery County Chamber of Commerce
51 Monroe Street, Suite 1800 Rockville, MD 20850
301-738-0015
www.montgomerycountychamber.com
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Bill 6-14,
Environmental Sustainability- Office
of
Sustainability
-
Established
Based on the bill as written, this new office would record and manage the county's greenhouse gas
emissions. We see Montgomery County's position as a leader in sustainability as a driver of
economic development We therefore believe that this effort should include an economic
development component as well as clear coordination with the extensive land use and
transportation work that happens throughout the county government and with Park and
Planning. In addition to producing an annual report, there should be some demonstrable gain to
county taxpayers to justify the creation of a new office, which will require additional staffing and
new responsibilities.
With regard to the remaining bills that are part of this package, we would encourage Council
Members to be mindful of hidden costs and unintended consequences that may arise from the
adoption of some of these bills. We hope that the fiscal impact statement will speak to some of
these and that the committee work sessions will be constructive and produce useful information.
As mentioned at the outset, we see green as part of a larger economic development strategy for
the county. We look forward to working with you to make sure this package is able to realize the
stated intention of addressing climate change at the local level to the greatest extent possible.
Gigi Godwin, President and CEO
Montgomery County Chamber of Commerce
51 Monroe Street, Suite 1800 Rockville, MD 20850
301-738-0015
W\'1w.montgomerycountychamber.com
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Testimony of Montgomery County Sierra Club
Good evening. Thank you for the opportunity to speak this evening. My name is Michal
Freedman and I am here as a member of the Montgomery County Sierra Club Executive
Committee, representing the more than 5,000 Sierra Club members in Montgomery County.
We applaud Councilmember Roger Berliner and the cosponsors for introducing this suite of
bills. We support these bills because they demonstrate a commitment to the crucial goals of
climate mitigation and sustainability.
Our organization, the Sierra Club, has made averting climate change a core goal. Michael Brune,
the Executive Director, said: "we are watching a global crisis unfold before our eyes, and to
stand aside and let it happen - even though we know how to stop it - would be
unconscionable."
Climate change calls for national and international responses, but greenhouse gas emissions are
generated locglly. Some cities across the country are making aggressive efforts to reduce their
contribution to climate change. But it is rare to hear of counties taking on climate change. By·
taking the lead on curbing fossil fuel use, Montgomery County can serve as a model for other
counties.
There are a few key elements to successful public initiatives to reduce greenhouse gas
emissions.
First, set clear, quantifiable goals for reducing energy use or greenhouse gas emissions.
Second, ensure that information on progress or lack of it is fully available to the public,
both to ensure public accountability and to make private markets in energy
consumption work better. Good data drives market energy choices and
innovat~on.
Third, allocate sufficient resources to effectively carry out the new, official duties.
These are the elements we want to focus on: quantifiable goals, public data, adequate
resources. In our comments we will highlight the importance ofthese elements and, in some
cases, advocate for strengthening the bills to help achieve them.
The first key element we have emphasized for reducing fossil fuel consumption - setting a
clear, quantifiable goal- is illustrated by Bill
9-14,
which requires the County to purchase
specific percentages of renewable energy. The goal is absolutely clear and quantifiable. By
2020, the county's electric power usage should be supplied entirely by renewable energy.
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-:
~
-
Bill 2-14, the Benchmarking bill, relies on the second element, the power of pUblic information
to reduce energy use and fossil fuel consumption. The bill would require large building owners
to measure the energy efficiency of their buildings and make that information public.
Building owners and real estate companies will have the information they need to make cost­
saving energy investments. The Chairman and CEO of a large real estate company, U.S. Equities,
said "U.s. Equities includes benchmarking energy use of the buildings in our portfolio and using
that data to drive results. Our buildings see better financial and leasing performance as their
environmental performance improves."
A Chicago ordinance on benchmarking that serves as a model for this bill was backed by a
coalition of more than 80 leading organizations from Chicago's real estate, energy, and .
environmental communities. More than 50 national, regional and local governments around
the world have rating and disclosure policies for commercial buildings.
According to the EPA, benchmarking buildings have achieved an average energy savings of 7%
over a recent three year period. If all buildings in the U.s. followed this trend, over 18 million
metric tons of carbon dioxide equivalents could be saved each year, the equivalent of
eliminating car emissions from about 3 million cars each year. For these reasons the·
Montgomery County Sierra Club strongly supports this bill.
Now, I want to turn now to Bill 6-14, which would create a new Office of Sustainability within
the Department of Environmental Protection, authorized to carry out a number of critical
duties. These include updating the greenhouse gas emissions inventory for the County;
updating the Climate Protection Plan to ensure reducing Countywide greenhouse gas emissions
to a specific level at a specific rate of reduction; and issuing an annual report on whether the
County is meeting these goals. So for the County as a whole, the bill sets a quantitative goal for
greenhouse gas emissions and requires reports on whetherthe goal is being met.
But the bill also would attempt to address the County's own contribution to greenhouse gas
emissions. And here we recommend adding explicit goals for the County's own operations. The
bill would require the Office of Sustainability to develop energy saving plans for County
buildings and the submission of reports annually on flsteps taken" to implement the plans. The
bill, however, would not set a goal for redUCing County government energy consumption or
greenhouse gas emissions, as the Climate Protection Plan does for county-wide greenhouse gas
emissions. Without explicit goals, there is no basis for determining whether the steps taken are
adequate and effective.
Establishing clear, quantifiable county government goals is the way to reduce government
emissions and can lead to reductions in non-governmental emissions as well. New York City set
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" - .,.
r'
a goal to reduce its greenhouse gas emissions 30% by 2030. Its emissions dropped 19%
between 2005 and 2013. But the effects of the city goal went beyond reduced city emissions.
Mayor Bloomberg challenged the city's universities and hospitals to do better than the
Government and reduce their emissions by 30% in 10 years. Seventeen of NYC's universities
and 11 of its major hospital systems agreed to the challenge. Five of these institutions have
already achieved the goal.
In Boston Mayor Menino set a goal to reduce greenhouse gases by 7% below 1990 levels by
2012. By 2011 Boston had reduced city emissions by 9%.
In 2009 the City of Phoenix completed a Climate Action Plan to reduce city greenhouse gas
emissions to 5% below the 2005 levels by 2015. The city exceeded this goal in four years.
Our County can do this as well.
Recommendation #1: We recommend that Bill 6-14 set a quantifiable goal for greenhouse gas
reduction in Montgomery County Government operations.
Bill 6-14 also would work to encourage greater fuel economy in the County fleet. The bill would
require the Office to decide when sports utility vehicles should be replaced by more fuel­
efficient vehicles and discourage excessive use of fuels in other ways. But the bill sets no
specific goal for fuel reduction. Setting a goal encourages the Government to consider a range
of fuel-saving behaviors, like car-pooling and telephone conferencing.· As we have emphasized,
a quantifiable goal provides a yardstick to measure progress. The City of Boston set a goal of
reducing total fuel consumption by 5% over five years by 2012. Our County could adopt a goal
like this as well.
Bill 6-14 creates a new Office of Sustainability that is tasked with wide-ranging responsibilities
for guiding our County's greenhouse gas reduction implementation. In order for the Office to
achieve its goals, it must be provided with adequate financial resources. Currently, most of the
budget ofthe Department of Environmental Protection {DEP} is provided by dedicated funds for
water quality and waste disposal that would be unavailable for the new Office of Sustainability.
Recommendation #2: We recommend dedicated funding to support the extra DEP positions
required to undertake the Office's new duties and for any additional technical assistance that
may be needed, such as consultants. A dedicated fund (comparable to that for water quality
and waste disposal) for sustainability and carbon reduction work could be obtained from
sources such as the energy tax.
Bill 6-14 requires the Office of Sustain ability to create energy cost savings and other plans for
County buildings across departments. Fostering coordination for such interdepartmental
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programs strengthens their efficacy. Whether through liaisons, additional coordination at the
County Executive level, or specific reporting requirements, such a mechanism must be
considered to assure compliance across all departments.
Recommendation #3: We recommend that the bill (6-14) specify a mechanism for ensuring
implementation of its requirements across departments.
Bill 6-14 for would also encourage residential home-owners to reduce energy use. The bill
would require home sellers to provide buyers with information on possible generic home
energy efficiency improvements and copies of utility bills. This information could encourage
sellers to improve their energy consumption profiles or even increase the number of buyers
making future energy remediations. By taking these steps, home owners will experience
reduced energy and maintenance costs, as well as an improved indoor environment. Again, we
must think about what type of information will most influence the market in energy efficiency.
We support requiring the Office of Sustainability to evaluate whether the home seller should
provide the buyer with a Home Energy Score, a quantifiable metric that was developed by the
u.s.
Department of Energy and would allow the buyer to compare homes along a uniform scale.
Just as benchmarking facilitates comparisons between buildings to encourage energy efficiency,
so too a Home Energy Score could create a market for residential energy efficiency.
Recommendation #4: In Bill 6-14, we recommend requiring the Office of Sustainability to
evaluate whether the home seller should provide the buyer with a Home Energy Score for the
home being marketed.
As Councilmember Berliner wrote, the Office of Sustainability created by this bill is in aid of
holding ourselves accountable for climate mitigation. Conferring with members of the public
who are committed to climate mitigation would aid the Office in carrying out its duties.
Recommendation #5: In order to ensure that there is regular public input, support, and
accountability for the Office of Sustainability's actions and goals. we recommend that Bill 6-14
establish a public committee or advisory group. Such a group should include County residents
from a variety of sectors such as civic organizations, business, labor, nonprofit organizations,
health care, education and faith based organizations, to help shape carbon reduction programs
that are tailored to our County.
The Montgomery County Sierra Club supports these bills. They demonstrate a recognition that
Montgomery County must do its part to mitigate climate change. We urge the Council to
incorporate our recommendations and enact these bills.
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Submission of Executive Committee of the Montgomery County Sierra Club Regarding the 13
Energy/Environmental Initiatives
The Executive Committee of the Montgomery County Sierra Club provided written testimony to
the Montgomery County Council on February 11, 2014, on 13 energy/environmental legislative
initiatives. As we stated in oral testimony, we support these measures. We also maintain that there are
ways in which these initiatives could be strengthened to more effectively fulfill their objectives. Our
testimony of February 11, 2014, explains the bases for our recommendations.
Below we provide the five specific recommendations made in our testimony, and an additional
sixth recommendation. In the attachment, we provide suggested legislative language for
recommendations
4,5,
and
6 .
Recommendations:
.
1.
We recommend that Bill
6-14
set a quantifiable goal for greenhouse gas reduction in
Montgomery County Government operations.
2.
We recommend dedicated funding to support the extra DEP positions required to undertake
the Office's new duties and for any additional technical assistance that may be needed, such as
consultants. A dedicated fund (comparable to that for water quality and waste disposal) for
sustainability and carbon reduction work could be obtained from sources such as the energy
tax.
3. We recommend that Bill
6-14
specify a mechanism for ensuring implementation of its
requirements across departments.
4.
We recommend that Bill
6-14
require the Office of Sustainability evaluate whether the home
seller should provide the buyer with a Home Energy Score for the home being marketed.
5. We recommend that Bill
6-14
establish a public committee or advisory group to ensure that
there is regular public input, support, and accountability for the Office of Sustainability's actions
and goals. Such a group should include County residents from a variety of sectors such as civic
organizations, business, labor, nonprofit organizations, health care, education and faith based
organizations, to help shape carbon reduction programs that are tailored to our County.
6.
We recommend that Bill
6-14
require that the Office of Sustainability apply a scoring system
designed to compare local jurisdictions on energy efficiency policies and programs, such as the
one developed by the American Council for an Energy-Efficient Economy (ACEEE).
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This sixth recommendation is made because, in the words of ACEEE, the Scorecard
"offers
the
beginning of a road map for any local government aiming to improve its ...energy efficiency
through the most effective means possible; learning from other [local jurisdictions'] successes
and customizing best practice strategies to suit the local context and their community's
priorities."
Proposed legislative language is incorporated in the attachment for recommendations 4,5, and
6.
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s
Charles K. Nulsen, 111- Speaker #5
Against Bills 2, 3, 5, and 6-14
Outline Testimony
I.
Thank you for letting me speak tonight. My name is Charlie Nulsen. I am the
President and Owner of Washington Property Company, a small Bethesda
based real estate company. I have worked in real estate in Montgomery
County for 35 years. I am here to speak in opposition of 4 of the bills. #2, 3,
5, and 6, I disapprove more than just these 4. I have been warned that I will
speak to you in English, but you will hear a foreign language. Not a great
characterization from my business brothers, but bad communication is a 2
way street and I am here for the first time as my attempt to help address this
issue.
II.
I want to start with big picture
a. Montgomery County is in a double dip recession of the likes it has never
seen. Ever!
b. The Federal Government's economic impact on Montgomery County will
be declining for the next 20 years -It is a technology thing -Montgomery
County for the first time must rely heavily on private sector growth.
c. Our commercial tenant base is dwindling - 25% vacancy in our office
market is structural.
d. WPC's commercial property taxes have decreased 30% in last five years
and I predict another 15-20% drop in the next two because of lower rents,
increased vacancy, causing lower assessments. I have commercial
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properties in Bethesda, Silver Spring, Rockville, 1-270; they are all at the
distressed stage.
e. Montgomery County has supplemented this loss in commercial real estate
income with taxes - particularly on utilities to the tune of $233M in 2013.
Montgomery County Energy Tax accounts for approximately 30% of
commercial Pepco bill and 15% of residential Pepco bill.
III.
Bill 2-14 - Environmental Sustainability - Buildings Benchmarking
a. Modelled after the District - creates 2 weeks of reporting man hours for
the owner. Probably 3 times that on the Government side. D.C. owners
do their own energy assessments as a matter of business. So do
Montgomery County owners.
b. Taken in the context of Montgomery County.
i. It will highlight to corporate tenants a Corporate Energy Tax that
could be highest in the country! Montgomery County utility bills are
30% higher than DC orVA. Montgomery County collects more for
the distribution of electricity than Pepco itself. What policy goal are
we serving here?
Ii. It comes at a terrible time for the commercial industry. More cost ­
zero pay back. "The house is on fire, but turn out the lights before
you leave."
IV.
Bill 3-14 Silver LEED requirements
a. Silver LEED for residential is very hard to obtain and further drives up the
cost of rental and for-sale product.
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b. Commercial Construction is dead - inside beltway development activity is
11-1 residential! office. Why throw up another road block to commercial
growth?
c. County Buildings - ok
V.
Bill 5-14 Carbon Assessment
a.
If
you have a Silver LEED requirement for County Buildings why is there a
need for social carbon assessment?
VI.
Bill 6-14 Office of Sustainability
a. Does the County, within it's current budget constraints, really have the
resources to add an additional department?
b. Sustainability is an often used term: but let's look at Montgomery County's
overall direction: Decreasing commercial tax base! exploding residential
base (especially rental) Is this really sustainable?
I am the poster child for a real estate owner in Montgomery County. I had
a $16M office building on 270, then Lockheed moved out. An appraisal 2
weeks ago (done by lender) gave the value at $6M. Basically the value of
the ground. But, in 2 months I will be starting my 3
rd
apartment project in
Montgomery County, which will bring in more renters that need County
services.
I don't think this path is sustainable for a healthy Montgomery County. We
need balance.
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,_
To put it in another context - over the past 8 years Montgomery County
has gotten an A- in environmental stewardship and an F in economic
stewardship. I suggest we collectively, as a community, focus on pulling
our F up to a C instead of our A- to an A so we may pass on to future
generations a healthy, sustainable Montgomery County.
Thank you.
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GEOSOLARENERGY
Box 2171
Gaithersburg, Md. 20886
301 926-1891 xl
GeoSolarEnergy@Verizon.Net
February 9, 2014
Mr. Roger Berliner
Mr. George Leventhal
Montgomery County Council
100 Maryland Avenue
Rockville, Maryland 20850
Subject: Support of legislation for Bills 3-14, 8-14 and proposed legislation to
increase renewable energy usage via Energy Guide
This letter contains background on how our company has standing to support
energy legislation and it contains a proposal for legislation that we talked over
with you in the past regarding how to stimulate the County's Renewable Energy
industry.
1. We are the oldest Renewable Energy Company in Montgomery County
Company background: In 1976 I installed Maryland's first Ground Water Heat
Pump (GWHP)/GeoThermal system (Geo) in my own home. Because of the Oil
Embargo of 1973, America was intensely interested in energy conservation
leading to publicity in the local press. This resulted in many requests from
homeowners for systems in their homes, thus, GeoSolar Energy was born. Once I
became the leading supplier in the three state area in the 1980's, I was appointed
to the Governor's commission to study and promote GWHP during 1980
&
1981.
We had numerous meetings and the overall result was to enact rules which
encouraged the installation ofGWHP's. I applied and received a patent for the
technology and trained many installers and drillers in the area on how to install
the technology.
We are the area's Bosch GeoThermal Distributor and have sold/installed over a
1,000 Geo systems and have learned a lot about the technology and the marketing
ofit. DOE/EPA has given Bosch an award as the most energy efficient heat
pump manufacturer. Last spring, I exhibited a working system at the home show
in Germantown and met George Leventhal at our booth. We continue to conduct
research development and have produced some ofthe most advanced technology
in the industry in both the commercial and residential sectors. To that end, we
support bills 3-14,8-14.
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Here are our ideas for advancing the number of renewable installations and for
improving energy efficiency in Maryland:
2. Geo installs seem to have leveled out - We estimate that the number ofGeo
Units installed in Maryland is probably less than 10,000 which is an insignificant
number compared to the millions of total housing units. This dynamic is not
likely to change without continuing legislative support.
3. The public still does not know about Geo - We have been promoting the
technology at various shows and fairs for years but the public is still not familiar
with the technology. As you know, the property tax credits in Montgomery and
Howard Counties are gone and we believe that this has resulted in declining sales.
4. Geo is easier to install in new buildings - It is far easier to install Geo in new
structures than existing buildings but the builders are not interested in promoting
it since it adds complexity and they are trying to keep their own costs down ­
even if this approach increases operating costs to their customers.
5. We believe builders should provide energy usage data for new single family
houses and new commercial buildings - Builders who are constructing new
structures should disclose single year and 20 year estimated operating costs for
renewable energy as well as other sources of energy such as air source heat
pumps, gas, propane, Geo and solar if possible.
6. Close the Loop Hole in Single Family Homes - Homeowners spend 65% of
their energy consumption on space heating, air conditioning
&
water heating. In
2008, the Montgomery County Council passed legislation (County Council Bill
31-07) that ensures transparency to home buyers by requiring that sellers provide
an energy cost history. However, a significant gap exists: new home sales.
Builders are not required to disclose what operating costs will be to homeowners
even ifthe home is marketed as an Energy Star home. Thus, new homeowners
may-be shocked to move into their new Energy Star rated and advertised home
only to discover that it can actually cost over $6,000 per year to heat, cool and
produce hot water for a 4,000 square foot home.
7. Commercial Buildings and Kentlands Community Center - The State of
Maryland awarded a competitive Game Changer Grant to our firm and the
Kentlands Community to install Geo at their office building this past summer.
Thus far there has been a 40% reduction in energy usage. All Montgomery
County Schools that have been built or remodeled in the last 5 years have had
Geo installed. The Schools expects that their payback will be 7 years. Though
our focus has been on residential, we believe the County will benefit from an
energy guide that shows energy usage per square foot of commercial building.
For the rest ofthis letter we are going to focus on residential since we are more
familiar with these constructions.
8. We don't think the builders should be forced to offer Renewable Systems­
We would not force the builder to offer these technologies but have prospective
buyers sign a form showing that the builder has disclosed their projected energy
cost. We think that this awareness wil1lead home-buyers to consider energy costs
and gravitate to houses with renewable energy. Over time, this will create
demand for renewable systems which builders will want to offer.
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9. Many builders are installing propane - Propane is the most expensive fuel (4
times that of Geo) in homes throughout the area. I have tried to convince builders
to offer Geo to their customers but they refuse. Not only is propane an expensive
hidden cost to prospective homeowners, but propane delivery trucks polluting the
air. In addition, because propane is not a regulated industry, this past January
saw shortages and the price doubled in some parts ofthe country.
10. Every energy consumine. device requires labels disclosing operating costs:
except homes - Virtually every appliance or device sold has an energy guide
attached. This includes TVs, dishwashers, refrigerators, air conditioners,
automobiles, etc. but not homes. Homes consume more energy than any other
single consumer purchase yet there is no standardized home rating system. Home
owners might think an Energy Star rating ensures clean, low-cost homes.
However, this is not the case. Figure 1 contains an example ofa standard Energy
Guide for appliances. We recommend using this as the model for a home Energy
Guide.
11. Estimating energy cost data for a new home is easy - I am a graduate engineer,
have an MBA and know how to estimate the cost ofthe various fuels for any
house. We have developed these tools and offer estimates to our customers.
National manuals such as ACCA and ASRAE show how to calculate operating
costs. AHRI rates the efficiency of all equipment including heat pumps, furnaces,
air conditioners and Geo. There are several firms that could independently create
an energy guide for each house for sale. Figure 2 shows a sample guide that we
have prepared.
12. Montgomery County Residents are the most educated population in the
County and we think that they would positively respond to the proposed
Energy Guide - With this legislation, we believe that prospective home buyers
will make the intelligent tradeoff of energy cost vs other features of prospective
new homes.
13. Cost to the County would be minimal- The only cost to the County would be
set this program up by hiring an independent consultant to develop this program
and educate builders.
14. We need your help to sponsor legislation to set this program up - Figure 3
contains proposed legislation.
We think that this would do more to stimulate the sales ofGeo systems when
consumers see that Geo is the least expensive operating cost at a fraction ofthe
cost of fuels such as propane. We would be glad to work with you to develop
legislation and the framework to implement such a program.
Michael Heavener
President
Attachments
Cc: Other Montgomery County Council Members
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U,R Government
Federal law prohibits removal of this label before
consumer
pt:·'~"lase.
aSH Home Appliances Corporation
Model(s) BOSCH SHE3AR. SHX3AR,
SHX2AR, SHE2AR
Estimated Yearly Operating Cost
(when used with an electric water heater)
$30
T
$20
Cost Range of Similar Models
$50
279
kWh
Estimated Yearly Electricity Use
$23
Estimated Yearly Operating Cost
(when
UI;ed
with
anatural gas
water
heater)
Your cost will depend on your
utility
rates and use.
• Cost range based only on standard capacity models.
• Estimated operating cost based on four wash loads a week and a 2007
national average electricity cost of 10.65 cents per kWh and natural gas
cost of
$1.218
per
thermo
• For more information, visit www.ftc.gov/appllances.
ENERGY STAR
Figure 1 Appliance Energy Guide
®
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Energy Comparison
Builder:
~
Sft:Ir
Cettifi~d
Builder
Hou$t!
Size:
4OOO.sq
It
One Year Energy Cost
$8,000
.9
1101
tI
$1))00
$6,C1OO
$5,C1OO
$4,aD
f
c::
$3,C1OO
$2,C1OO
$1,000
$0
;One
Year
Cost;
!II
~idyou
Jcnow?
~
fneriY Star
nrtI!d
home
builders are ltlloli\l!ed
m
markd their
homes
as
Energy
Star houses even
when
they instalt costiy
Total
Energy
Cost
(20
years
of
homeownershipJ
$400,000
oil
and
prlJflllM heating .systems.
$3SO.OOO
$300,000
Cbill'Il·.,.fn)rn
plop.IReto
~.,.-
~
$250,000
ti
$200,000
1101
co"...
$2531(
oV.r
.20Vt'armonpp
!
$150,(100
$100,000
Figure 2 - Proposed Home Energy Guide
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Amendment to 31-07
This amendment is to expand bill 31-07 to require home builders to
include an Energy Guide in marketing and sales material for new home
sales. Data on the total cost of ownership for energy consumption will be
included. The annual costs will be provided along with what the same
house would cost with alternate energy options. The Energy Guide will
include:
• Annual cost to heat and cool home with oil, propane, air source
heat pumps, geothermal heat pumps
• A graphical representation and comparison of this data
• The Energy Guide will be prominently displayed in model homes
and all marketing materials
Figure 3 - Proposed Legislation
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IJSNDEPeARTRMEGNT
yF
I
Energy Efficiency
&
0
Renewable Energy
E
'~"%
HOME ENERGY SCORE
"¥"
;om~
:M.
Frequently Asked Questions for Homeowners
What is a Home Energy Score?
What types of homes can get a Horne Energy Score'?
fIow do
I
get a Home Energv Score:2
What do.;:s
the
Qualified Assessor look for during a
Home
Energy Score walk-through?
How
is
the Horne
Energy
Score calculated?
Does a home with a poor (]ower) Score alwavs use more energy than a home with a better (higher) Score?
12pe.s
the size of mv home matter?
Would my Score be the same in different
Plllts
of the country?
I
f
a
home scores
a
10
does this mean
the
home has zero energy consumption and zero
el1er~rv
costs?
Jhe Home Encrg):..Scoring Tool calculates energy savings based on the hehavior of a
lj'pical
homeowner. Is
it
p-Qssible to customize the enen!y sayings based on
actual
family
size
and
actual
energy consumption?
How much does
an
assessment
cost
homeowners?
How can_a homeowner finance the recommended energy
improvem~nts
suggested in the HQme
Ellc~Scor~l
How long does
it
take to realize savings from the Score"s recommendations?
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HOME ENERGY SCORE
What is a Home Energy Score?
The U.S. Department of Energy's (DOE's) Home Energy Score provides information that helps you understand
your home's energy efficiency and how to improve it. The Home Energy Score is comprised of three parts includ­
ing: I) the Score itself, 2) facts about your home, and 3) recommended improvements to increase your Score.
After a I-hour energy assessment by a qualified home energy assessor ("Qualified Assessor"), you will receive a
Score that rates your home on a simple I to 10 scale. A Score ofa
"1"
represents the least energy efficient home
and a "10" represents the most energy efficient home. The Score also shows you where your home would rank if
you made the energy-saving improvements identified during your home \\'alk-through. The Home Energy Score
and associated report is generated through DOEiLawrence Berkeley National Laboratory software called the
Home Energy Scoring Tool.
Why should I get a Home Energy Score?
Your Home Energy Score will show you how your home's efficiency compares to other homes, and will identify
enerb'Y inlprovements that will save you money and raise your Score. As an added bonus, these improvements will
likely enhance how comfortable you feel in your home and may improve the air quality in your home. If you've
already made home energy improvements, your Score can officially recognize your home's higher performance
level-a useful indicator if you're planning on selling your home soon.
What types of homes can get a Home Energy Score?
At this time, only single family homes and townhomes can be scored. Multifamily and mobile homes cannot be
scored.
How do I get a Home Energy Score?
In 2012, the Home Energy Score is only available in areas served by DOE's official Home Energy Score Partners.
A list of current Partners can be found at w,,/w.homeenergvsC'ore.gov. Jfyou live in one of these areas, contact
the Partner organization to schedule a Home Energy Score. DOE plans to continue to expand the program as new
Partners come
011
board. If there is no Partner in your area, ask your local utility or state energy office when the
Home Energy Score will be available in your area. You may also be able to find a qualifYing home inspector
in
your area who is working under one of DOE's national Partners.
What does the Qualified Assessor look for during a Home Energy Score walk-through?
When your Qualified Assessor does the walk-through of your home, she or he will collect about 40 pieces of
information. Information about your our home's "envelope" (insulation, windows, etc.) as well as its heating,
cooling and hot water systems will be entered into the Home Energy Scoring Tool software. Information about
how residents operate the house and non-permanent house features like lighting, home electronics and appliances
are not included in the Score calculation since these are not considered to be fixed assets.
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HOME ENERGY SCORE
How is the Home Energy Score calculated?
To calculate a home's Score, a qualified home energy assessor inputs information about a home's characteristics
into an energy modeling software developed by DOE and Lawrence Berkeley National Laboratory. Based on
these home characteristics, the software estimates the home's annual energy use, assuming typical homeovroer
behavior. The software th.en converts the estimated energy use into a Score, based on a 10-point scale. This scale
accounts for differences in weather conditions by using the zip code to assign the house to one of more than
1,000 weather stations. The Home Energy Scoring Tool software was designed so that Scores for different homes
can be compared to one another regardless of where the homes are located or the number of people currently
living in those homes.
Does a home with a poor (lower) Score always use more energy than a home with a better
(higher) Score?
A home with a lower Score does not necessarily use more energy than a home with a higher Score. The Home
Energy Score is designed as an "asset rating" meaning that the Score reflects a home's structure and mechanical
systems-for instance its insulation, air leakiness and heating and cooling equipment-not how the occupants use
the home. For example, a family that sets their thermostat very low
in
the summer to keep cool, and never turns
offlights and electronics. may still have very high energy bills even in a high-scoring, efficient home.
Homes in different parts of the country use different amounts of energy because of climatic differences.
A
high­
scoring home in New England may still use more energy than a drafty home
in
Southern California just because
of the difference in climate.
Does the size of my home matter?
Yes, the size of your home matters because larger homes tend to usc more energy. Iflwo houses have the same
structure and equipment, but one is bigger, the smaller house will generally receive a higher (better) Score.
Would my Score be the same in different parts of the country?
Yes. You can use the Home Energy Score (in general) to compare one home to another in a different part of the
country. However, you cannot use the Home Energy Score to compare your
energ}'
bill
to another home across the
country. The Home Energy Scoring Tool software takes into account the typical range of energy consumption in
the region where you live and scores your home against that range. (See question "How is the Home Energy Score
calculated?" answered above).
What's the average Score?
Just like there is no average home, there is no average Score. More important than knowing how a home com­
pares to the average is seeing how it compares to other homes that you might be looking at, and most importantly
how well it could score with cost-effective improvements. The Score tells you what your improved Score would
be if you made the recommended energy upgrades.
If a home scores a 10 does this mean the home has zero energy consumption and zero
energy costs?
No.
It
means that the home uses very little energy given where it is located in the country.
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HOME ENERGY SCORE
The Home Energy Scoring Tool calculates energy savings based on the behavior of a typi­
cal homeowner. Is it possible to customize the energy savings based on actual family size
and actual energy consumption?
Not with the Home Energy Scoring Tool itself. However, additional information about the home and the home­
owner's behavior can be added in through a consumer tool called "Home Energy Saver." The infoID1ation that the
Qualified Assessor enters into the Home Energy Scoring Tool will be available to the homeowner through Home
Energy Saver. A homeowner can access that intonllation and add fic.lds to customize the infonnation about how
they use the home as well as data about non-fixed assets such as lighting and electronics. The Home Energy Saver
lets you compare different combinations of home energy improvements and gives you the opportunity to enter in
the estimated cost of improvements if you have received estimates.
How much does an assessment cost homeowners?
The cost of the Score will depend on what the market allows
in
that area. DOE does not control the fees charged
by Qualified Assessors. The Home Energy Score will often be offered as part of other audit or inspection services,
so the cost may be built into the fee for another service.
How can a homeowner finance the recommended energy improvements suggested in the
Home Energy Score?
Homeowners should work with their energy improvement contractor or utility and visit www.dsireusa.org to find
out about local, state, and federal incentive programs.
How long does it take to realize savings from the Score's recommendations?
The total savings estimate shown with the home's Score reflects the gross energy cost savings that would result
over
10
years from completing all the recommended improvements. The recommendations page lists annual dollar
savings per improvement. Homeowners should expect to realize some savings as soon as they make improve­
ments-however, the time required to recover the cost of making the improvements will vary depending upon the
individual case. Some improvements can pay off within a couple of years; others take longer. Energy improve­
ments recommended by the Home Energy Scoring Tool will generally pay back in
10
years or less.
Visit
homeenergyscore.gov
for more information.