T&E Item #2
February 26, 2014
Transportation, Infrastructure, Energy and Environment Committee
Amanda Mihill, Legislative Attorney
Michael Faden, Senior Legislative Attorney
Worksession: Bill 5-14, Environmental Sustainability - Social Cost of Carbon
Bill 5-14, Environmental Sustainability - Social Cost of Carbon Assessments, sponsored
by Councilmembers Berliner, Floreen, Riemer, EIrich, Andrews, and Navarro, was introduced on
January 28, 2014. A public hearing was held by the Committee on February 1
At the hearing,
a representative of the Executive expressed the Executive's general support for the package of
environmental initiatives (©22). Council staff will transmit any specific comments on these bills
from the Executive when they are received.
Bill 5-14 would require the Office of Management and Budget to submit an analysis of
the social cost of carbon with certain capital projects in the Capital Improvements Program. The
use of conventional fuels, particularly coal, extracts a cost on society that is not reflected in its
price. These "external" costs should be factored into the cost/benefit calculations that the
County uses when it assesses the potential for energy efficiency improvements.
Councilmember Berliner explained the purpose of this Bill in his January 14
memorandum describing his proposed energy/environmental package. See ©5 of Bill 4-14, T&E
The Fiscal and Economic Impact statement for this Bill will be transmitted after March
17 (see
A fact sheet from the Environmental Protection Agency providing background
infonnation on the social cost of carbon, including how the values are detennined and the
process used to detennine the cost, is on ©5. The most recent social cost of carbon estimates for
certain years is on ©7.
Issues for Committee Discussion
The Council received testimony from the Montgomery County Chamber of Commerce
seeking clarification regarding how the EPA method would be applied to
or energy
efficiency projects. The American Institute of Architects, Potomac Valley Chapter noted that Bill
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5-14 had good intentions, but argued that because the metrics used to determine the social cost of
carbon are new and contentious, the analysis should be used for information purposes and not to
penalize or disqualify projects.
As drafted, Bill 5-14 would require only that the Office of Management and Budget'
transmit an analysis of the social cost of carbon of certain projects. Bill 5-14 would not
necessarily result in a project not going forward. However, having such an analysis may prove
useful to both the Executive branch and Councilmembers in the decision-making process and
could result in changes to a project to modify the impact on the environment.
This packet contains:
Bill 5-14
Legislative Request Report
OMB and Finance Memo
EPA fact sheet on social cost of carbon
Select correspondence
American Institute of Architects, Potomac Valley Chapter
Chamber of Commerce
Charles Nulsen
County Executive
F:\LAW\BILLS\1405 Social Cost OfCarbon\T&E Memo.Doc
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Bill No.
Concerning: Environment Sustainability
Draft No. 1
January 28, 2014
July 28, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -!.!.N::::.:on..:.::e::....-_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
By: Councilmembers Berliner, Floreen, Riemer, EIrich, Andrews, and Navarro
ACT to:
require the Office of Management and Budget to submit an analysis of the social
cost of carbon with certain capital projects in the Capital Improvements Program;
generally amend County law regarding the analysis of capital projects and
environmental sustainability.
By adding
Montgomery County Code
Chapter 18A, Environment Sustainability
Section 18A-16A
[Single boldface brackets]
Double underlining
[[Double boldface bracketsD
Heading or defined term.
Added to existing law
Deletedfrom existing law
Deletedfrom existing law or the
bill by
Existing law unaffected
by bill.
* * *
The County Council for Montgomery County, Maryland approves the following Act;
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No. 5-14
Section 18A-16A is added as follows:
Social cost of carbon assessment.
In this Section, the following words have the meanings
means the Director of the Office or the Director's designee.
Applicable capital project
means any proposed building project
the Department of General Services or the Parking
Management Division of the Department of Transportation.
means the Office of Management and Budget.
Social cost Qj carbon
means an estimate of the economic damages or
damages avoided associated with the increase or reduction of one
metric ton of carbon dioxide emissions.
For each applicable capital project in the Capital Improvements
Program during facility planning, the Office of Management and
Budget must include
or transmit with, the CIP an analysis of the
social cost of carbon from that project.
In performing its analysis, OMB must use the standard developed
the United States Environmental Protection Agency or
Director finds equivalent.
standard the
In performing its analysis, OMB should consult the Department of
Environmental Protection and any other County department or agency
with expertise in environmental sustainability.
F:\LAW\BILLS\1405 Social CostOfCarbon\BiIll.Doc
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Bill 5-14
Environmental Sustainability Social cost ofCarbon Assessments
Would require the Office of Management and Budget to submit an
analysis of the social cost of carbon with certain capital projects in
the Capital Improvements Program.
The use of conventional fuels, particularly coal, extracts a cost on
society that is not reflected in its price. These "external" costs should
be factored into the costlbenefit calculations that the County uses
assesses the potential for energy efficiency improvements.
To require the County to use EPA's "social cost of carbon"
calculation or a comparable methodology for Capital Improvements
Program purposes.
Office of Management and Budget, Department of General Services
To be requested.
To be requested.
To be requested.
To be researched.
Michael Faden, Senior Legislative Attorney, 240-777-7905
To be researched.
Not applicable.
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Fcbruury 5, 2014
Craig Rice, fr
County COtUlcil
Jennifer A.
Joseph F. Bl:ac
of Management and Budget
cpartmenl' of Finance
BiB 2-14, Enviromricl1tal Sustainability Buildings . . . Benchmarking
BiI13-14, Buildings·" Energy Efficiency····· Energy Standards
Street and Roads
Street Lights
5-14, Environmental Sustainability ..... Social Cost of Carbon Assessments
Bill 6-14,
Environmental SustainabiUty -
Office of Sustainability - Established
Bil! 7-14, Contracts and Procurement - Certified Green
BiH 8-14, Buildings- County Buildings ..... Clean Energy Renewable Technology
Bill 9-14, Environmental Suslainability Renewable Energy County Purchase
Buildings Solar Pcrmits"- f,:xpcdited Review
Buildings . . Electric Vehicle Charging Station Permits --
As required by
2-8 [A of the
County Code, we
are infhrming you that transmittal of
and economic impact statements for the above referenced legislation will be delayed
because more time is needed to coordinate with the
information, and
complete our ana
of the fiscal and
economic impacts, While we are
conduct the
detailed analyses at this
time, it
is clear that a
these bills could have
fiscal impacts.
Due to this
year's heavy workload on Executive lmmch
staff in
budget and an operating budger, the risenl and economic statements
be transrnitled after March
cc: Bonnie Kirkland,
Austin, Offices of the County
Joy Nurmi, Special Assistant to the
Patrick Lacefield, Director, Public lnformation Office
Marc P. Hansen, Office of
the County Attorney
Robert Uagedoorn,
Department of Finunce
Dnvid Platt. Depurtment of
Alex Espinosa, Office of Management
Office of Management
NaeemMia. Office
and Budget
Felicia Zhang, Office of Management and Budget
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November 2013
Fact Sheet: Social Cost of Carbon
EP A and other federal agencies use the social cost of carbon
to estimate the climate
benefits of rulemakings. The
is an estimate of the economic damages associated with a
small increase in carbon dioxide
emissions, conventionally one metric ton, in a given year.
This dollar figure also represents the value of damages avoided for a small emission reduction
(i.e. the benefit of a
is meant to be a comprehensive estimate of climate change damages and includes,
among other things, changes in net agricultural productivity, human health, and property
damages from increased flood risk. However, it does not currently include all important
damages. As noted by the
Fourth Assessment Report,
is "very likely that [the
underestimates" the damages. The models used to develop
estimates do not currently
include all ofthe important physical, ecological, and economic impacts of climate change
recognized in the climate change literature because of a lack of precise information on the nature
of damages and because the science incorporated into these models naturally lags behind the
most recent research. Nonetheless, the
is a useful measure to assess the benefits of
The timing of the emission release (or reduction) is key to estimation of the
which is based
on a present value calculation. The integrated assessment models first estimate damages
occurring after the emission release and into the future, often as far out as the year 2300. The
models then discount the value of those damages over the entire time span back to present value
to arrive at the
For example, the
for the year 2020 represents the present value of
climate change damages that occur between the years 2020 and 2300 (assuming 2300 is the final
year of the model run); these damages are associated with the release of one ton of carbon
dioxide in the year 2020. The
will vary based on the year of emissions for multiple reasons.
In model runs where the last year is fixed (e.g., 2300), the time span covered in the present value
calculation will be smaller for later emission years-the
in 2050 will include 40 fewer years
of damages than the 2010
estimates. This modeling choice-selection of a fixed end
year-will place downward pressure on the
estimates for later emission years.
Alternatively, the
should increase over time because future emissions are expected to
produce larger incremental damages as physical and economic systems become more stressed in
response to greater levels of climatic change.
One of the most important factors influencing
estimates is the discount rate. A large portion
of climate change damages are expected to occur many decades into the future and the present
value of those damages (the value at present of damages that occur in the future) is highly
dependent on the discount rate. To understand the effect that the discount rate has on present
value calculations, consider the following example. Let's say that you have been promised that in
50 years you will receive $1 billion. In "present value" terms, that sum of money is worth $291
million today with a 2.5 percent discount rate. In other words, if you invested $291 million
today at 2.5 percent and let it compound, it would be worth $1 billion in 50 years. A higher
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November 2013
discount rate of 3 percent would decrease the value today to $228 million, and the value would
be even lower-$87 million-- with a 5 percent rate. This effect is even more pronounced when
looking at the present value of damages further out in time. The value of $1 billion in 100 years
is $85 million, $52 million, and $8 million, for discount rates of 2.5 percent, 3 percent, and 5
percent, respectively. Similarly, the selection of a 2.5 percent discount rate would result in higher
SCC estimates than would the selection of 3 and 5 percent rates, all else equal.
Process Used to Develop the
An interagency working group was convened by the Council of Economic Advisers and the
Office of Management and Budget in 2009-2010 to design an SCC modeling exercise and
develop estimates for use in rulemakings. The interagency group was comprised of scientific
and economic experts from the White House and federal agencies, including: Council on
Environmental Quality, National Economic Council, Office of Energy and Climate Change, and
Office of Science and Technology Policy, EPA, and the Departments of Agriculture, Commerce,
Energy, Transportation, and Treasury. The interagency group identified a variety of
assumptions, which EPA then used to estimate the SCC using three integrated assessment
models, which each combine climate processes, economic growth, and interactions between the
two in a single modeling framework.
The 2009-2010 interagency group developed a set of four SCC estimates for use in regulatory
analyses. The first three values are based on the average SCC from three integrated assessment
models, at discount rates of 5, 3, and 2.5 percent. SCC estimates based on several discount rates
are included because the literature shows that the SCC is highly sensitive to the discount rate and
because no consensus exists on the appropriate rate to use for analyses spanning multiple
generations. The fourth value is the 95th percentile of the SCC from all three models at a 3
percent discount rate, and is intended to represent the potential for higher-than-average damages.
See the
Technical Support Document (PDF, 51pp, 848K) for a complete discussion about
the methodology and resulting estimates.
The interagency group recently updated these estimates, using new versions of each integrated
assessment model and published them in May 2013. The 2013 interagency process did not revisit
the 2009-20 I 0 interagency modeling decisions (e.g., with regard to the discount rate, reference
case socioeconomic and emission scenarios or equilibrium climate sensitivity). Rather,
improvements in the way damages are modeled are confined to those that have been incorporated
into the latest versions of the models by the developers themselves and as used in the peer­
reviewed literature.
The SCC estimates using the updated versions of the models are higher than those developed in
the 2009-2010 modeling exercise. The four 2020 SCC estimates reported in the 2010 interagency
group were $7, $28, $44 and $86 per metric ton (2011$). The corresponding four updated SCC
estimates for 2020 are $13, $46, $68, and $137 per metric ton (2011$). The Mav 2013
Technical Support Document (PDF, 22pp, 780K) provides a detailed discussion of the model
updates relevant to these estimates.
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November 2013
The table below summarizes the four SCC estimates in certain years.
Social Cost of C02,
Discount Rate and Statistic
• The
values are dollar-year and emissions-year specific.
Examples of SCC Applications to Rulemakings
EP A has used the SCC to analyze the carbon dioxide impacts of various rulemakings since the
interagency group first published estimates in 20lO. Examples of these rulemakings include:
• The Joint EP AlDepartment of Transportation Rulemaking to establish Light-Duty
Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy
Standards (2012-2016)
• Amendments to the National Emission Standards for Hazardous Air Pollutants and New
Source Performance Standards (NSPS) for the Portland Cement Manufacturing Industry
• Regulatory Impact Results for the Reconsideration Proposal for National Emission
Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional
Boilers and Process Heaters at Major Sources
• Proposed National Emission Standards for Hazardous Air Pollutants (NESHAP) for
Mercury Emissions from Mercury Cell Chlor Alkali Plants
• Standards of Performance for New Stationary Sources and Emission Guidelines for
Existing Sources: Commercial and Industrial Solid Waste Incineration Units Standards
• Final Mercury and Air Toxics Standards
• Joint EP AlDepartment of Transportation Rulemaking to establish Mediurn- and Heavy ­
Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel
Economy Standards
• Proposed Carbon Pollution Standard for Future Power Plants
• Joint EP AlDepartment of Transportation Rulemaking to establish 2017 and Later Model
Year Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel
Economy Standards
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November 2013
Limitations of
The interagency group noted a number of limitations to the SCC analysis, including the
incomplete way in which the integrated assessment models capture catastrophic and non­
catastrophic impacts, their incomplete treatment of adaptation and technological change,
uncertainty in the extrapolation of damages to high temperatures, and assumptions regarding risk
aversion. Additional details are discussed in the 2010
and 2013
SCC Technical Support
Next Steps
The U.S. government committed to updating the current estimates as the science and economic
understanding of climate change and its impacts on society improves over time. For example,
EPA and Department of Energy also hosted a series of workshops to inform SCC development.
The first workshop focused on conceptual and methodological issues related to integrated
assessment modeling and valuing climate change impacts, along with methods of incorporating
these estimates into policy analysis. The second workshop reviewed research on estimating
impacts and valuing damages on a sectoral basis. Papers based on the presentations from both
workshops were published in a special issue of Climatic Change (Apri120l3). In addition, EPA
funded a workshop on discounting in September 2011 that invited world-recognized experts to
discuss how the benefits and costs of regulations should be discounted for projects with long
particular, it explored what principles should be used to determine the rates at
which to discount the costs and benefits of regulatory programs when costs and benefits extend
over very long horizons.
EP A and other agencies continue to engage in research on modeling and valuation of climate
impacts to improve these estimates.
See http://www. whitehouse. gov/sites/defau! Ufiles/omb/in foreg!for-agenciesiSocial-Cost-o f-Carbon-for-RIA.pdf
See http://\'./\VW .wh itehouse. gov!sites/detaul tlfiles!
mb/ asscts/inforeg/tec hni c al-update-social-cost
f-carbon- for­
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Potomac Valley
A Chapter of 1he American Institute of Architects
February 11, 2014
Roger Berliner, Nancy Floreen, Hans Reimer
Montgomery County Council. Transportation and Energy Committee Members
American Institute of Architects, Potomac Valley Chapter
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
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.
Eileen Emmet. AlA, IgCC Task Force Co-Chair, eemmet.aia@qmaiLcom
William (Bill) LeRoy, AlA, IgCC Task Force Co-Chair, wI70@lcloud.com
Loreen Arnold, AIA-PV President 2014, larnold@ktgy.com
Scott Knudson, AlA; AIA-PV Past-President 2013, sdqknudson@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 July 30,2013 IgCC Executive Summary
Attachment B: AIA-PV Feb. 4, 2014 Letter to Diane Schwartz-Jones w/AIA-PV Executive Summary
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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
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 sustainability.
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 Sustainability
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 aU county buildings can feasibly provide 1kw/1000 sf by photovoltaic generation. This
may 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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Potomac Valley
A Chapter of the American Institute of Architects
IgCC 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
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.
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.
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Potomac Valley
A Chapter of the American Institute of Architects
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 of the 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 IgCC, or meets
the ASH RAE 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
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
• 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 adoption. 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 IgCC 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, the 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.
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AIA Potomac
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,
Copy via email to diane.jones@montgomerycountymd.gov
Re: 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 (lgCC). As you know, the AIA-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 ANSIIASHRAE/USGBCIIES
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. ASH RAE 189.1 Is an alternative means
of com pliance incorporated into the IgCC 2012 codebook. We hope this additional information meets your
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 ASH RAE 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
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*:
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, ASH RAE 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.
Scott Knudson, AlA; AIA-PV Past-President 2013. sdgknudson@qmail.com
Eileen Emmet, AlA. IgCC Task Force Co-Chair, eemmet.aia@gmail.com
William (Bill) LeRoy, AlA, IgCC Task Force Co-Chair, wI70@icioud.com
AIA-PV July 30,2013 IgCC Executive Summary
Attachment B: AIA-PV ASH RAE 189.1 Recommendations
cc DPS: Hadi Mansouri, hadi.mansouri@montqomervcountymd.qov,
Mark Nauman, mark.nauman@montgomervcountymd.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
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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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:
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
Godwin, President and CEO
Montgomery County Chamber of Commerce
51 Monroe Street, Suite 1800 Rockville, tvID 20850
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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 wherewe 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
5-14, Environmental Sustainability - Social Cost of Carbon Assessments
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 proj ect.
Gigi Godwin, President and CEO
Montgomery County Chamber of Commerce
51 Monroe Street, Suite 1800 Rockville, MD 20850
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Bill 6-14,
Environmental Sustainability - Office
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 ofthese 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
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Charles K. Nulsen, III - Speaker #5
Against Bills 2, 3, 5, and
Outline Testimony
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
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.
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.
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 or VA. Montgomery County collects more for
the distribution of electricity than Pepco itself. What policy goal are
we serving here?
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."
Bill 3-14 Silver
a. Silver
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
c. County Buildings - ok
Bill 5-14 Carbon Assessment
a. If you have a Silver
requirement for County Buildings why is there a
need for social carbon assessment?
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
apartment project in
Montgomery County, which will bring in more renters that need County
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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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 sustain ability 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 planning: understanding how existing buildings peiform and how
planned 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 corning 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
Leggett's Smart Growth
Initiative in terms of planning
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
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.