T&E Item #1
February 26,2014
Worksession
MEMORANDUM
TO:
FROM:
Transportation, Infrastructure, Energy and Environment Committee
Amanda Mihill, Legislative
Attorne)t~
Michael Faden, Senior Legislative Attorney
Worksession:
Bill 4-14, Streets and Roads - County Street Lights
SUBJECT:
Bill 4-14, Streets and Roads - County Street Lights, sponsored by Councilmembers
Berliner, Floreen and Riemer, Council Vice President Leventhal, and Councilmembers Eirich,
Andrews, and Navarro, was introduced on January 28, 2014. A public hearing was held by the
Committee on February 11. At the hearing, a representative of the Executive expressed the
Executive's general support for the package of environmental initiatives (©9). Council staff will
transmit any specific comments on these bills from the Executive when they are received.
Bill 4-14 would require any contract that the County enters into to maintain street lights
to be with a company that specializes in LED lights. Many current street lights are outdated and
inefficient, and LED lighting is more energy efficient and requires less maintenance.
Councilmember Berliner explained the purpose of this Bill in his January 14
memorandum describing his proposed energy/environmental package. See ©5.
The Fiscal and Economic Impact statement for this Bill
will
be transmitted after March
17 (see ©4).
Issue for Committee Discussion
In testimony submitted to the Council, both the Montgomery County Branch of the U.S.
Green Building Council (USGBC) and the Potomac Valley Chapter of the American Institute of
Architects encouraged the Council not to limit Bill 4-14 to LED lights. The USGBC, in
particular, urged the Council to allow for an engineering solution for each street light location in
lieu of a straight LED requirement. As drafted, Bill 4-14 would require the County to enter into a
contract with a company that specializes in LED lights or another energy efficient technology the
Director finds is equivalent or superior. While this language is focused on LED lights, it is broad
enough to encompass other lighting technologies.
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Circle
#
This packet contains:
1
Bill 4-14
Legislative Request Report
3
4
OMB and Finance Memo
5
Councilmember Berliner Memo
Select correspondence
9
County Executive
10
American Institute of Architects, Potomac Valley Chapter
16
USGBC, Montgomery County Branch
F:\LA W\BILLS\l404 LED County Street Lights\T&E Memo.Doc
2
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Bill No.
4-14
Concerning: Street and Roads - Countv
Street Lights
Revised:
12117/2013
Draft No. 1
Introduced:
January 28, 2014
Expires:
July 28, 2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: -:-----:-:--_ _ _ _ _ __
Sunset Date:
_N!..!.o~n.!!:e:..__
_ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERVCOUNTY, MARYLAND
By: Councilmembers Berliner, Floreen, and Riemer, Council Vice President Leventhal, and
Councilmembers EIrich, Andrews, and Navarro
AN
ACT to:
(1)
(2)
require any contract that the County enters into for the maintenance o f street lights to
be with a company that specializes in LED lights; and
generally amend County law regarding streets and roads and environmental
sustainability .
By adding
Montgomery County Code
Chapter 49, Streets and Roads
Section 49-19A
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
*
*
*
Heading or defined term.
Added to existing law
by
original
bill.
Deletedfrom existing law
by
original
bill.
Added
by
amendment.
Deletedfrom existing law or the
bill by
amendment.
Existing law unaffected
by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 4-14
1
2
3
Sec.
1.
Section 49-19A is added as follows:
49-19A. Energy efficient street lights.
ill
Definitions.
In this Section, the following words have the meanings
4
indicated:
Director
means the Director of the Department of Transportation.
Light-emitting diode light
or
LED light
means
~
semiconductor device
5
6
7
that produces visible light when an electrical current is passed through
it.
(hl
8
9
When any contract to maintain street lights owned
Qy
the County in
effect on January 21, 2014, expires, any later maintenance contract
must be with
~
10
11
12
13
company that specializes
i!1.
and commits to install,
LED lights or another energy efficient technology that the Director
finds is equivalent or superior to LED lights.
Approved:
14
15
16
17
Craig
L.
Rice, President, County Council
Date
18
Approved:
19
20
21
Isiah Leggett, County Executive
Date
22
23
24
25
This is a correct copy ofCouncil action.
M. Lauer, Clerk ofthe Council
Date
F:\LAW\BILLS\1404 LED County Street Lights\BiII I.Doc
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LEGISLATIVE REQUEST REPORT
Bill 4-14
Streets and Roads County Street Lights
DESCRIPTION:
PROBLEM:
Would require any County contract to maintain street lights to be with a
company that specializes in LED lights.
Many current street lights are outdated and inefficient. LED lighting
is far more energy efficient and requires far less maintenance.
To upgrade the efficiency and life span of County street lights
through contracting requirements.
Department of Transportation, Department of General Services
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
WITHIN
MUNICIPALITIES:
PENALTIES:
Not applicable.
F:\LAW\BILLS\ 1404 LED Street Lights\LEGISLAT1VE REQUEST REPORT. Doc
f:\law\bills\1404Ied county street lights\fegislative request report.doc
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ROCKVlLLE,
MARYL'\ND
MEMORA1'\DUM
February 5, 2014
TO:
Craig Rice,
f~'~Sident,
County Council
\/
FROM:
SUBJECTS:
Jennifl.er
A.
Joseph F.
'.lCS·
B~ac
I.
D
'A.
~}(
/
.
Ice
()fIv~a!~agem.c.~nt
and Budget
,.,,/
epartment of hnance
...
Bill 2-14,
Environme{ltal
Sustainability _. Buildings- Benchmarking
BiI13-14, Buildings ,. Energy
Efl~ciency
..... l:ncrgy Standnrds
Bili 4-14, Street and Roads . . County Street Lights
Bill 5-14, Environmental
Sustainability·,··
Social Cost of Carbon Assessments
Bill 6-14, Environmental SustainabiHty - Office of Sustainability - Established
Bill 7-14, Contracts and Procurement - Certified Green Business Program
Bill 8-14,
Buildings-
County Buildings Clean Energy Renewa.ble Technology
Bill 9-
J
4, Environmental Sustainability -- Rene,vable Energy - County Purchase
Bill 10-14, Buildings - Solar Permits-· Expedited Rcvic\1i
Bill 11-1
;t,
Buildings .... Electric Vehicle Charging Station Permits - Expedited
Review
As required by Section 2-8
t/\
of the County Code, we are
int(mning you
that transmittal of
the llscal 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
t~scal
and eCtmomic impacts. While we are not able to conduct the
required detailed analyses at this time,
it
is clear that a number (lfthcse bills could
h{IVe
significant
fiscal impacts.
Due to this year's heavy workload on Executive
branch
staff in devc.loping both a Hill capital
budget and an operating
budgt.~t,
the fiscal and economic statements will
bt~
transmitted after March
!7,20l4.
JAll:fz
cc: Bonnie Kirkland, Assistant
Chid
Administrative Oft1cer
Lisa Austin, Offices of the County Executive
Joy
Nurmi.
Special Assistant to the County Executive
Patrick Lacefield, Direcf.Or, Public lnformation Office
Marc P. Hansen, Office of the County Attorney
Robert Hagedoorn,
Departmen( of Finance
David Platt
Department of
Finance
Alex
Espinosa, Office of Management and
Budget
Mary Beck, Office of Management and
Budget
Naeem
f'vtia,
Office
ofl\!fanagement
and Budget
Felicia Zhang, Of1ice of Management and Budget
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'(f.'1:
,~f
:~.u'!!:-
.A':-\.,-.
MONTGOMERY COUNTY COUNOL
RQ(.',,:vlt.l.E.
M.I\J!,nA~r,
ROI}E~
BERLiNER
COUl'WtI.MEMUEJt
DI.<:l'RICT
I
C1iAIR~UN
TRANSN)Rr A.flON. ltolFRASTkl.
1
CT1.f.RE
£SE1H."i
It
El'h'iROt4M£NT
COMMITTE'E-
January
14.2014
Dear Colleagues,
Next
week
I \\iIl
be
intrOducing a pacUWe of 13
energy/co'\iromnentaJmeasutes
that are designed
to
ensure
that
MQntgomery cOunty
remains at the sustaiilability
forefront
I
would
be
pleased to have you
cosp!)nSOl
some or
:ill
of
thcsemeasures.
"J'besc measures focus on renewable
energy.
energy
c:fficiency.transportation.
and
gov-emmcnt acCQuntability.
I
have attatbedafBct sheet
that.
gives a
~rief
description
of
each
of
them.
and
of
course would
be
happy
to
discu.qs
nny
of
them in
greater
detail
should you ha"'e questions.
I
was inspired
by
our Cllun¢i'"s decision to
&,'lSert
its
leudership
in
the context of
reducing the gap in income disparities by
pa.~s.ing
8
local miniInum """age law. I
~ink
all
of us appreciate that
the
federal government
has
bcwme so dysfunctional
that
\Ve
o.1n
expect little progress on
many
of the issues
we
care
deeply
about
Indeed. Bruce Katz of
Brookings
recently described
the fede.ral govem.mcnt as
It
''large
health
itlSUrance
company
with
ananny."
}lis
thesis,.
which.! share. is
that
our governing
paradigm
has
shifted from a top down
Jed
by
the federal gt),'emment
to
a bottomuplt..-d
by
local
governments like ours.
I
say
all of this because we
need
to do more
if
we
8fC
toaddn:ss
climate
chan&e..
It
is
obviously not a
hoax
and
We
know
wbal
we need tado
to
address
il.
We need to use
less energy and cleaner energy. Period. Thia.packag.e of bills
is
taken in
many
imtances
from
what
other leading jurisdictions are
doil1g-
from Chicago to
~aUIe
to California
and New York states.
They
are
11
mixofle.adillg by
example~ ~'1U'ding
green
busineascs,supporting market
fo~,
adopting mute exacting
standards,
andboiding oUr
countygovetnment accountability.
Holding ourselves accountable is important. When
the
Council
passed
a similar
package in
2008,
Yo"e
tasked a
Sustainability Working
Group
with
the
principie
responsibility
for
gujding our
County
tc
achi.e~
our fomaI. goal of
reducing
gree'ril1cusc
gas emissions
by 80
percent
by
2050.
It
is time
now
to make this a
COTe
government
STEllA B. WWER OFFlCE SlJILDiNG • 100 MARYlAND A...arur, 61'!
Ftoolt.
ROcXv1W,
MARYl...AI'fO
24Q-"1n-782S
OQ
240-m-7900, TTY 2qo.m-79H, FAX
240-m-7989
WWWJIIONTGOMEAYCOWIT'tMnfDI
208Sti
.
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responsibility
~
and
this packag.:.
!.nclude~
a
measure that 'will create
anOfike
9(
SllStainability within D.h'P wbose principal responsibility will
be
to
monitor how
we
are
dQing and to beJ}) dewlop
tbe
poHciesilrui practices
th~~
wilt get us to
~
we
~
to
be.
.
I bope
you
will.
join me in making sure
Mon~gomet'y
County b.urnishes its
reputation as a comruumtythat embraces
sustainability
at our
cote.
Sincerely.
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FACT SHEET ON
COUNOLMEM8ER
BERLINER'S
13 ENERGY/ENVIRONMENT
LEGISLATIVE INITIATIVES
CoundlmemberRoger
Beriinet (0-1).
Chair
ofthe
Montgomery
County Transportation,
Infrastruc;ture,
~n:ergy
& Environme..,t
Commit~ee,
will
be
introdllcing13
enef.8y/environm~ritar
measures 00
January
21. The measures liredeslgnedtoundarscoteandsupport
the
CQunty's
commitment
to
sustainabifity
and
would (1)
promote
iocrea~ed
energy
efficie"ey;(2)
im~reaSe
use of
renewable
energyi (3}
decrease
cOr\Sumption of
gasoline
and
support electric
vehIcles;
and (4) create
mQre accountability and
responsibility
wllhin
County
government fot
<JchieVing
the County's
soalof
redutinggreenhouse
gas
ernISSiO,;s80%
bV
20.so,·SeJow is a
brief
description
of
each of these
measures:
Renewable
Energy
• Renewable
EoeFRY
PurchaSing-50'" Renewables bV2015;100%
bY
2020 ...
Today
the
County
purdlases
approxlmateiy 30% of
its
energy
frorn
renewable energy
r:esources.
Washington,
DC;
AuStin,
Te,l(~s;
and
Portland..
Oregonar~
already
atlOOI,!6·renewaple
ene\"&'{_
• ReneW-abies Onsite -
This
biU, modeled aft!!!r a recently passed
law
in Prince George's
County,
wouJd
r~quire
new
or
e~em.i¥eJv
remoqeled
countybuildiOgs,
\0
lene~ateat~~st
1
kilowatt
of renewable
ettereV for
every
1,000
square
feet
of
floor area.
• GreerttapiQB SOlar-·
Two of
th~
impediments
to
increased
solar
utilization
aret~e
eostaJ1d
time
involved
In getting permits.
This
measure,
patterned
after
asucce$$ful
pfOBram in
Chi~go,
requires
our
~partrT1ent
of
Permitting
Services
to
(levfse
ilh
ex~itf!f:l
and
1.e5s
costly process for solar related
permits,
• Solar
Zoning
Accommodation-
Current
set back requirements limit
the
use
of
solar
in
resid~niial
dwellings.
Th~ZTA
would modestly amend. our
zoning
laws.to permit
solar to
extend
2
feet into the
si(ie.or
r~arsetback.
Eneray Efficiency
eBenchmarkingBuildiilgs -This
legislation,
modeled
after laws in
New
York,
Chicag04
and
~he
District
of COlumbia,
would
require
building
owners
to
measure
tht!
energy
efflc:1encv
1;)(
their buildings/make
that
information public, arid
periOdically
cOinmittoensuring
that
their
ef)E!Tgy
effrde.n~
equipment
is
working
r>rQ~rly.
It
is designed
to
work.
with
thE! r..
~otly
pasSed PACE
program
to create market
based incentives for building
owners
to
increase
the
effIcienCY'of
their
buildings. Information
provided
would aid
tenants
in
forf."Casting
future
utility costs.
• Sliver
lEED
for New Buildings-Current
cOunty
law
requires
new
commercial buildings to be
LEED
certified, white county
buildings
must meet the
more
~nvironl1'lentaHy ~trin~t
SiIver
standard. This
bill
would
require
all new
commercial buiJdlngs to meet
Silver
LEED.
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•• Cost of Carbon The use of cooven.tianal
fuels,
particularly
coal,
extracts a.c05ton
society
that
is
not
reflected
in
its
prke~
TheSe "'external" costs shoulp be.
fa~red.
intQ
the
cost/benefit
cal!=lJ.l~tion$
that tl'te c(lunty utHizeswhen It assessesthe potential for
energy
efficiency Improvements.
This
bill
would
require
theCD.untyt9
u~
EPA'S
"sodal
c~
of
,arbon" calcula:tion
or
a
comparable
methodology for
those
purposes.
u
• LEP StreetUghting _. ltis generally recognized that LED lighting is far more energy effICient
and
req:uires
far less
mainte!'i~nce.
This bill would
require·
DOT,
upon
thee}cplt~tion
of Its
current
cootractfor
street Ilstrting,
to
contract
with
an
LED
company.
Transportation
• EV
Infrastructure -
Electricvehldes
will
only
hecome
mainstream
when
the~are
sufflcie,nt.
cliargingstations.to
inspire
confldence in
thepubfjc~
California
recenttypassect
Iegislati:Oh
requirlAg aI/ new bUlld.iogs
~ver
a
certain
size
to
be "EV ready."
This
1:TA
~oulq
requfre all.
newbuilding$ to installt EV dlarglng
~tationfor
every
50 parking spaces.
• GreentapinK
EVstations
-JlIstas
in
solar installations,
EVcharglng stations
can.be subject
to
a
I~ngthy
and
costly. permittfns
proceu. This
b.iJI
would
requlr~
DPS
to
institute
an
.expedited
and
re~
Costly
permittIng
pr9cess.
• lelewgrkrng;.
Telewarkingis
betomlng far more
common
andaccepfed.Otner
jurisdictions,
Including
Fairfax,havf!m~desig"jfK:antly
more progress
in
establishing
teleworkina goals
~nd .mee~ing
them. ThislegisJation
woufd
require
the
CO!lnty
E)(I!«::utiye to
pubJish. regulations thatseffot1h a
definitivete1eworking
policy and a
requirement
t~
designate a
telf;!q)mrnuting
mapager.
Government
IncentIves
&
Accountabilftr
• Create an
Offl~
ofSystainabilitY within DEP -ThiS bill wQuldcreate a.new
Office of
Sustainability
within
DEP. When
the
CotmciJ passed
iegis~tiQri
In
ZOOS,
it
tasked
a
S.ustainabilrty
Working Group
with
the
responsibility
Of
guiding
oui
Co",nW's.
greenhou~
gas:
requction
impleiTlentation.
it
is.
now
time to make this a
fundamental responsibility
of
the,
county government a.nd to ho.ld
ourselves accountable.
• Coun!)! Green
Certified·
Businesses -
The county
h.as
cre~ted
a
program whereb),
iii
local
busin~ss
can
be
"green
c.ertifled"
by.adopting.good
sustainabfe
practkes. This
bill
tails
upon
the CountY
Executive
to
issue
regulation:s
that
WOuld
give
a
preference
in
ton~racting
to local.busihesses
that
are green certified.
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TESTIMONY ON BEHALF OF COUNTY EXECUTIVE ISIAH LEGGETT
ON ENVIRONMENTAL 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.
1
The path forward
requires understanding and planning: understanding how existing buildings perform 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 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
February 11, 2014, Public Hearing on Proposed Environmental and Energy Bills
From:
Subject:
The local American tnstitute 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, larnofd@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 July 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 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 ayear, 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
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% permittee 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 Valley
A Chapter of the American Institute of Architects
ATTACHMENT A
EXECUTIVE SUMMARY
AIA-PV 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
alternative 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
.Q.[
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 altemative, 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 num ber 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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AlA
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 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 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.
2
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AIA Potomac
Valley
A Chapter of the American Institute
or
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 (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 staffs request that our group also
review and make recommendations in regard to possible adoption of the ANSIIASHRAElUSGBCIIES
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 lVIontgomery 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 ASH RAE 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,
(
~'
/ih1\,
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@ic/oud.com
Attachment A: A!A-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@montgomervcountymd.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, !nc., 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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Montgomery County
Finding ways to better share monthly aggregated energy data with building owners/operators is
critical to understanding and improving building performance across our region. But it's easier
said than done, since it requires cooperation among industry stakeholders. On October 30, the
USGBC-NCR Montgomery County Branch convened a group oflocal stakeholders, including
building owners, utilities, governments and advocacy groups, to discuss ways to improve the
flow of building data in Montgomery County, MD.
There are several structural constraints and obstacles that prevent utilities from providing
actionable energy data to building owners. In many cases, utilities across the country do not have
the technical infrastructure or staff resources in place to provide aggregate energy usage data to
building owners. However, building owners have market-established tools at their disposal, like
the Environmental Protection Agency's Portfolio Manager, which they can use to track building
performance. Additionally, utilities must meet rules and regulations of state public utility
commissions, which can unintentionally create additional barriers to how utilities are able to
share data. Many of these restrictions are related to privacy concerns associated with sharing
individual tenant data.
The Montgomery County Energy Summit, sponsored by the JBG Companies, Pepco and Boland,
brought experts together to discuss the barriers and explore solutions for improving access to
aggregated energy building data. Access to this critical data will empower building owners to
make smarter energy decisions and better enable benchmarking of public and commercial
properties, ultimately helping improve performance and reduce energy usage. The summit
brought together local utilities and commercial real estate owners and operators, including local
staff from Pepco, Baltimore Gas & Electric, The Tower Companies, Brandywine Realty Trust,
Akridge, and First Potomac. Additionally, the summit drew several Maryland state and
Montgomery County officials and local advocacy groups to discuss the current barriers to
sharing energy data and opportunities to improve this process.
Dialogues like the one in Montgomery County show that private sector stakeholders can have a
unified voice in support of improved data sharing policies. While the County is considering a
benchmarking and disclosure law, USGBC-NCR's Montgomery County Branch believes
proactive conversations on data access between all interested parties is the most effective way to
ensure cooperation and the establishment of best practices in pursuit of energy efficiency.
For that reason, the Branch has formed a working group to continue discussing opportunities to
improve access to utility data. For more information on becoming part ofthe group, please
contact us.
@
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ENVIRONMENTAL BILLS (2-14 THROUGH 14-14) RESPONSES:
The USGBC NCR Montgomery County Branch has had the opportunity to review the packet of energy and
environmental measures proposed by Coundlmember Roger Berliner and many of his colleagues ..
We believe revised language within the thirteen proposed bills is required to provide clarity, using lessons
learned from other jurisdictions, which have hastily adopted legislation without fully understanding the fiscal
impact or administrative barriers. Over time those jurisdictions have been forced to correct issues and have
consequently wasted resources, while frustrating residents and businesses. While some of the proposed
legislation may have a small impact, others might have a much larger price tag.
The true impact on Montgomery County for implementing the proposed legislation should be assessed taking
into account the diversity of our county. We have environments that range from urban to rural. The future
plans for growth incorporating recommendations from organizations and agencies such as USGBC, Maryland
Energy Administration (MEA), Department of Energy (DOE), and many others that are well versed in these
issues. We recommend the County Council allow time for discernment and discussion of concerns among its
stakeholders prior to taking a position on these bills.
In regards to the specific proposed bills we have the following comments:
Bill 2-14
-
Environmental Sustainability - Buildings - Benchmarking.
The USGBC NCR Montgomery County Branch had an Energy Data Sharing Summit in October 2013 to discuss
this issue with many key stakeholders like County, State, and Federal Agencies, utilities, property owners,
technical experts, other local jurisdictions, and industry professionals. Through this forum we have identified
the following issues to be addressed prior to implementing required benchmarking of buildings in our county:
• Benchmarking requirements should first apply to County owned and leased buildings and the information
should be publically available. Once the county can show they have worked through administrative issues
then it would be appropriate to roll out to the private sector.
• Energy auditing and retro commissioning is expensive and the industry does not have a pool of adequately
trained professionals to fulfill this requirement. However, new data access
&
analysis technology will
reduce the cost of audits and retro commissioning and facilitate ongoing virtual building performance
monitoring.
• Data provided by the utility companies must be in a clear and consistent format and be flexible to allow for
automatic uploading to uniform platform such as ENERGY STAR, DOE/ASHRAE smart meter interfaces, etc.
• The benefits to data access are known by the industry and the first step is getting the needed data from
the utilities. Utility commissions and elected officials should coordinate on data access so that utilities and
building owners have clarity on how data should be tracked and presented to eliminate privacy concerns
and still provide usable data to owners. Condo communities with one master meter are common in the
County. Enhanced access to meter data would be helpful, but many have expressed interest in cost
effective solutions to sub-metering.
• Pepco is currently aware of this issue and is providing aggregated data, directly uploaded to ENERGY STAR
in the District of Columbia, following the Sustainable DC II Legislation.
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The key findings regarding
Bili
2-14 is there will be a fiscal impact for businesses in terms of benchmarking and
the required energy audit. The cost to property owners should be assessed and determined if the financial
burden is reasonable prior to passage of the bill. There may be opportunities for incentives to help with
implementation for small businesses in our county. They have not taken advantage of existing state incentive
dollars due to a distrust of the current program. This is attributed to the complexity of the process and
experiences of other business owners where misinformation and errors have increased cost instead of saving
money.
Bill 3-14, Buildings - Energy Efficiency - Energy Standards
• The bill should focus on moving toward a sustainability code solution like the (gCC or ASHRE 189.1 with
modifications to coordinate with current codes and regulations.
• Offering a multiple compliance path option between LEED V3, (gCC, or ASHRE 189.1 should be allowed
until the codes have been better coordinated.
• Significant issues have arisen in jurisdictions where new codes conflicted with existing regulations.
• The County should conduct an industry impact study to fully understand the economic impact to
businesses, our community and county agencies. The intent of this regulation should show a leadership
path for a successful sustainable future.
Bill 4-14
Streets and Roads - County Street lights
• The county should allow an appropriate engineering solution for each location, along with Life Cycle
Assessment, to determine the most effective lighting solution in lieu of a straight LED requirement.
• This alternative allows for site specific engineering solutions, for location effectiveness and efficiency, not
merely complying with a regulatory requirement.
• Lighting technology is consistently changing and any legislation should be adaptable to the future changes.
Bill 8-14 Buildings - County Buildings - Clean Energy Renewables
• This bill should be a goal; not a mandate. A better solution is to consider the life cycle cost
effectiveness of this requirement and how it would be implemented by county capital construction
and operated and maintained by the county staff.
• Most buildings will not be able to meet this goal along with other building regulations; such as storm
water management, HVAC systems, etc.
• Long term monitoring and maintenance of these systems is challenging and there is a high risk of
failure.
• The cost ratio of meeting the renewable requirements to the total project cost is very high and
competes with overall county efforts to limit capital building spending, posing financial problems for
many county projects.
• County agencies have experience with Power Purchase Agreement (PPA) where a private entity owns
and operates much larger systems. Although this has met with some success, the current PPA financial
climate has made building size systems less than attractive to PPA providers.
An alternative compliance path may be to allow purchasing renewable energy credits (REC), which are
currently available and comply with the current legislated mandate. The county agencies are currently
required to purchase at least 20% of their annual electrical load in REe's.
Thank you for the opportunity to comment on these bills. We may have further comments as additional
discussions and comments identify other impacts.