Bill No.
8-14
Concerning: Buildings
County
Buildings - Clean Energy Renewable
Technology
Draft No. 2
Revised: 313112014
Introduced:
January 28.2014
Enacted:
June 10. 2014
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ __
Sunset Date:
-'N!.!.1o~n~e
_ _ _ _ __
Ch. _ _'
Laws
of
Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Berliner, Floreen, Riemer, EIrich, Andrews, and Navarro
AN
ACT
to:
[[require use of certain clean energy renewable technology
in
the construction or
extensive modification ofcertain County buildings;
(2)
require the Director of the Department of General Services
to
conduct a clean
renewable energy technology project feasibility assessment on certain County
buildings]] establish a County Clean Energy
Plan
and clean energy portfolio
target
!ll
require the County Executive to issue
regulations
to
define the Plan and
target
ill
require the Director ofthe Department of
GenJml1
Services to report on the progress
ofthe Clean Energy
Plan;
and
[[(2)]]
ill
generally amend County law regarding building, energy, and environmental
policy.
(1)
By adding
Montgomery County Code
Chapter 8, Buildings
Article VIII, Clean Renewable Energy Technology
Sections 8-54, 8-55, 8-56, 8-57[[, 8-58]]
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface bracketsD
* * *
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 'lJJUf!Jected
by
bilL
The County Council for Montgomery County, Mary/and approves thefollowing Act:
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Bill No. 8-14
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Sec. 1. Article VllI (Sections 8-54, 8-55, 8-56, 8-57[[, 8-58]]) is added to
Chapter 8 as follows:
Article VIII. Clean Renewable Energy Technology.
8-54. Definitions.
In
this Article, the following words have the meanings indicated:
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Clean energy portfolio targetmeans
a target. expressed in megawatt hour
equivalents; for establishing an amount of clean energy
to
be installed on the
County's portfolio of facilities.
The County's portfolio includes any
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building. facility. or property in which the County has a financial interest. A
financial interest includes any ownership. lease. or public private
partnership. and any facility where the County provides 30% of total
funding.
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Clean renewable energy technology
means
~
technology or §Ystem that uses
geothermal heating and cooling, solar hot water heating, wind power, solar
electricity generation, or solar thermal generation.
Clean renewable energy
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technology
includes passive solar energy generation that reduces energy use
from other sources
by
at least 20%.
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[[Cost e!kctive
means where the cost of installing clean renewable energy
technology on
~
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covered County building is not projected to exceed the
projected cost savings of the installation
within
the first
installation ofthe technology begins.]]
li
years after the
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[[County building
means any building for which the County government
finances at least 30% of the cost of:
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ill
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construction. for
~
newly constructed building; or
modification. for
~
building that is extensively modified.]]
[[
Covered County building
means
~
newly constructed or extensively
modified County building.]]
Department
means the Department of General Services.
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Bill No. 8-14
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Director
means the Director of the Department or the Director's designee.
[[Extensively modify or modified
refers to any structural modification which
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alters more than 50% of
!!
building's gross floor area, as shown on an
application for
!!
building
permit.]]
[[projected total cost
means the estimated cost required to construct or
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renovate
~
building, including any building system, interior finish, site
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infrastructure, connection to any existing utility, landscaping, and sidewalk:
and parking lot built for the immediate use of occupants ofthe building.]]
8-55. Clean energy renewable technology required.
[ffru
Any contract to build or extensively modify
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County building must
require the use of clean renewable energy technology. Except as
provided in subsection
[[(hl]]
have installed at least
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!£1.
~
covered County building must
This
1
kilowatt of clean renewable energy
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technology for every 1,000 square feet of gross floor area.
energy technology on or directly adjacent to the building lot.
(hl
requirement may be met
Qy
using ground mounted clean renewable
Each appropriation to build or extensively modify
~
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County building
must include an additional amount of 2% to the projected total cost
funded
Qy
the County, as shown in the project description form.
subject to subsection
(g1
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W
The Director must limit the size of the clean renewable energy
technology installation ifthe initial cost of the installation is projected
to exceed 20/0 of the projected total cost of the new building or
renovation. However, if the Director transfers expenditures to the
project under subsection
[[W]]
!lllt
the initial cost of the installation
must not exceed 4% ofthe proiected total cost.]]
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Bill No. 8-14
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(W
By [6 months after date of enactment]' the County Executive must
establish, by Method 1 Regulation. a Clean Energy Plan that includes
a specific amount of on-site clean energy that must be installed on any
new or existing County facility. This Plan must include:
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a clean energy portfolio target for total clean energy to be
installed on County facilities, which must exceed I kilowatt per
1.000 square feet of facilities anticipated to be added to the
County's portfolio as documented in the Capital Improvement
Program;
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ill
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a process for vetting any new facility for potential renewable
energy installation during the design phase. including key
criteria for evaluating opportunities for solar energy:
a plan to ensure that appropriate facilities are solar ready. to the
extent possible:
criteria for responsible site selection to balance the County's
renewable energy goals with other environmental objectives;
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a process to coordinate with County agencies on
any
new
facility built using at least 30% county funds: and
required funding and staffing to achieye the target.
au
The
County may install a clean energy system in an alternate location
in the County to meet this requirement. including:
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a vacant property;
a land swap or lease agreement: or
m
ill
{£l
anY
other property or facility where the County has a
contractual. budgetary, or other interest.
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The Executive must recommend to the Council whether funds to
support solar energy should be incorporated in a energy specific
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Bill No. 8-14
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capital improvement budget. utility Non Departmental Account. or
other mechanism to overcome any funding gap to meet the renewable
energy target.
[[8-56. Project feasibility assessment.
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The Director must perform
~
feasibility assessment
to
find whether
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covered County building can be retrofitted cost effectively to include
clean renewable energy technology. The Director may consider other
factors, including:
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the cost to the County;
any safety or security issue;
any cost savings from the installation;
any clean energy job creation;
the clean renewable energy technology capacity of the building;
environmental benefits;
the technological feasibility of
~
retrofit; and
applicable zoning requirements.
®
ill
00
®
If the Director finds that installing clean renewable energy technology
on
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covered County building would not be cost effective, the Director
must transfer expenditures from the covered County building project
equivalent to 2% of the projected total cost for use in another
applicable project, unless· no applicable project is approved in the
Capital Improvement Program. The County Council must approve
any fund transfer between projects under this Section
by
resolution.]]
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8-[~] ~
Alternative financing.
ill
An
alternative financing arrangement which allows leveraging of
federal, state, utility, and other incentives, including any grant, lease­
purchase agreement, power purchase weement, or energy savings
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Bill No. 8-14
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performance contract, may meet the clean renewable energy
technology requirement under this Article.
(Q).
The pUrchase of Renewable Energy Credits does not meet the clean
renewable energy technology requirement under this Article.
8-[[58)]
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Administration; reporting.
W
The Department must administer this Article using accepted principles
of sound accounting and fiscal management.
[trruJ1
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The Department must submit an annual report to the County
Council and County Executive
l?y
April
1
each year describing:
the added clean renewable energy technology generation
l?y
each project;
the revenues and expenditures of each project;
each project supported
l?y
the Program; and
[[the annual savings to the County's utility costs from each
supported project]] the cost and energy savings resulting from
the program.
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[[Sec. 2. Effective date.
Article VIII, inserted by Section 1 of this Act,
applies to each new or major renovation public building project for which an
application for a building permit is filed on or after January 1, 2014.]]
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Bill No. 8-14
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Approved:
Approved:
~L~~~
'b
O
[J~
Date
Isiah
Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk ofthe Council
Date
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