AGENDA ITEM #5A
January 28,2014
Introduction
MEMORANDUM
TO:
FROM:
County Council
~
Michael
.~
Amanda Mihill, Legislative
Attorne~5~1\4)M
Faden, Senior Legislative Attorney
2-14,
Environmental
Sustainability
Buildings
SUBJECT:
Introduction:
Bill
Benchmarking
Bill 2-14, Environmental Sustainability - Buildings - Benchmarking, sponsored by
Councilmembers Berliner, Floreen, Riemer, Andrews, and Navarro, is scheduled to be introduced
on January 28, 2014. A public hearing is tentatively scheduled for February 11, 2014 at 7:30
p.m.
Bill 2-14 would require the owners of certain buildings to benchmark the energy use of
certain buildings and retro-commission certain building systems to improve their energy
efficiency. Modeled after laws in New York, Chicago, and the District of Columbia, Bill 2-14
would require building owners to measure the energy efficiency of their buildings, make that
information public, and periodically commit to assuring that their energy efficiency equipment is
working properly.
This Bill is designed to work with the recently enacted PACE program to create market­
based incentives for building owners to increase the efficiency of their buildings. Information
provided would aid tenants in forecasting future utility costs.
Councilmember Berliner explained the purpose of this Bill in his January 14
memorandum describing his proposed energy/environmental package (see ©20).
This packet contains:
Bil12-I4
Legislative Request Report
Councilmember Berliner Memo
Circle #
1
19
20
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Bill No.
2-14
Concerning: Environmental Sustainability
- Buildings - Benchmarking
Draft No._4_
Revised:
1/16/2014
Introduced:
January 28, 2014
Expires:
July 28,2015
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _ _ _ _ _ _ _ __
Ch. _ _, Laws of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Berliner, Floreen, Riemer, Andrews and Navarro
AN
ACT to:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
require the owners of certain buildings to benchmark the energy use of certain
buildings;
require the Director of the Department of Permitting Services to issue an annual
report to review and evaluate energy efficiency in certain covered buildings;
require the Director make certain benchmarking information readily available to the
public;
allow the Director to waive certain requirements;
require the o\Vners of certain buildings to have an energy audit performed on certain
buildings;
require the owners of certain buildings to assure that retro-commissioning is
performed on certain buildings; and
generally amend County law regarding energy efficiency and environmental
sustainability .
By adding
Montgomery County Code
Chapter 18A, Environmental Sustainability
Article
5
Sections 18A-34, 18A-35, lSA-36, and lSA-37
Article
6
Sections ISA-3S, lSA-37, ISA-3S, lSA-39, ISA-40, 18A-41, 18A-42, and lSA-43
Article 7
Sections lSA-44, lSA-45, 18A-46, lSA-47, lSA-4S, 18A-49, and ISA-50
Boldface
Underlining
[Single boldface brackets]
Double undedining
[[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. 2-14
1
Sec.
1.
Chapter 18A is amended
by
adding Article 5, consisting of
Sections 18A-34, 18A-35, 18A-36, and 18A-37; Article 6, consisting of Sections
18A-38, 18A-39, 18A-40, 18A-41, 18A-42, and 18A-43; and Article 7,
consisting of Sections 18A-44, 18A-45, 18A-46, 18A-47, 18A-48, 18A-49, and
18A-50; as follows:
Article 5. Commercial Property Assessed Clean Energy Program.
18A-34
2
3
4
5
6
7
=
18A-37. Reserved.
Article 6. Building Energy Use Benchmarking.
Definitions.
8
9
10
18A-38.
In this Article, the following words have the meanings indicated:
Benchmark
means to track and input
~
11
building'S energy consumption data
12
13
14
and other relevant building information for 12 consecutive months, as
required
121
the benchmarking tool, to quantify the building'S energy use.
Benchmarking tool
means the website-based software, commonly known as
15
16
17
ENERGY STAR Portfolio Manager, or any successor system, developed
and maintained
121
the
United States Environmental Protection Agency to
track and assess the relative energy use of buildings nationwide.
Certificate
gf
use and occupancy
means the certificate issued
121
the Director
18
19
20
21
22
23
that allows
~
building to be occupied and used.
Covered building
means any Group
1
covered building or Group
2.
covered
building, as defined in this Article.
Covered building
does not include any
building with more than 10% occupancy which is used for
ill
public assembly in
~
building without walls;
warehousing;
self storage; or
~
24
25
26
27
ill
ill
ill
use classified as manufacturing and industrial or transportation,
communication, and utilities.
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30
Data center
means
~
space designed and equipped to meet the needs of high
density computing equipment such as server racks, used for data storage and
processing, as defined
Qy
the benchmarking tool.
Department
means the Department of Permitting Services.
Director
means the Director of the Department or the Director's designee.
Energy performance score
or
ENERGY STAR
score means the numerical
31
32
33
34
35
36
score produced
Qy
the benchmarking tool, or any successor score, that
assesses
~
building's energy performance compared to similar buildings,
based on source energy use, operating characteristics, and geographic
location.
Energy use intensity
or
EUI
means
~
37
38
39
numerIC value calculated
Qy
the
~
benchmarking tool that represents the energy consumed
Qy
relative to its size.
building
40
41
Group
1
covered building
means any building, or any group of buildings that
42
43
have the same property identification number, that equals or exceeds
250,000 square feet gross floor area, as identified
Qy
the Director.
Group
J
covered building
means any building, or any group of buildings that
44
45
46
have the same property identification number, that equals or exceeds 50,000
square feet gross floor area but is less than
250,000
square feet gross floor
area, as identified Qy the Director.
Gross floor area
means the sum of the gross horizontal area of the several
47
48
49
50
51
52
53
floors of
~
building or structure measured from the exterior faces of the
In
~
exterior walls or from the center line of
.tmtlY
walls.
unenclosed area, such as
~
covered but
set of gasoline pumps or
~
drive-through area,
gross floor area means the covered area.
Gross floor area
does not include
any:
54 .
W
basement or attic area with
~
headroom less than
1
feet
Q
inches;
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Bill No. 2-14
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®
{£}
area devoted to unenclosed mechanical, heating, air conditioning, or
ventilating equipment;
parking structure; or
accessory structure to
!!
residential building.
@
59
60
61
Licensed professional
means
!!
professional engineer or
!!
registered architect
licensed in the State, or another trained individual as defined in applicable
County regulations.
62
63
64
65
Reported benchmarking information
means the descriptive information
about
!!
building, its operating characteristics, and information generated
Qy
the benchmarking tool regarding the building'S energy consumption and
efficiency.
Reported benchmarking information
includes the building
66
67
identification number, address, gross floor area, energy performance score,
energy use intensity, and annual greenhouse gas emissions.
68
69
Residential occupancy
means the occupancy of dwelling units m any
building that includes one or more dwellings.
18A-39.
Energy
~
benchmarking.
70
71
ill
Group
June
1
covered buildings.
No later than June .L 2014, and every
72
73
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76
77
1
thereafter,
the owner of any Group
1
covered
building must
benchmark the building for the previous calendar year. However, the
owner of any Group
1
covered building with at least 10% residential
occupancy, as measured
Qy
square footage, must benchmark the
building for the previous calendar year no later than June.L 2015, and
no later than June 1st each year thereafter. The owner must report the
benchmarking information to the Department no later than July
1
each
year.
78
79
80
81
®
Group
2.
covered buildings.
No later than June .L 2015, and no later
than June 1st each year thereafter, the owner of any Group
.f.
covered
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Bill No.
2-l4
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building must benchmark the building for the previous calendar year.
However, the owner of any Group
2.
covered building with 10% or
more residential occupancy must benchmark the building for the
previous calendar year no later than June
June 1st each year thereafter.
84
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89
1"
2016, and no later than
The owner must report the
benchmarking information to the Department no later than July
1
each
year.
(£)
Retention
Qj
infOrmation.
The owner of any covered building must
90
retain all information tracked and input into the benchmarking tool for
at least three 3years after the date benchmarking was required.
@
91
92
93
Waiver.
The Director may waive the requirements of this Section if
the owner of
~
covered building documents, in
~
form required
Qy
94
95
regulation, that the building:
ill
is in financial distress, defined as
~
building that:
(A)
is the subject of
~
tax lien sale or public auction due to
property tax arrearages;
96
97
98
99
an
~
is controlled
Qy
~
court appointed receiver; or
was recently acquired
Qy
~
deed in lieu of foreclosure;
100
101
102
103
ill
ill
had average physical occupancy of less than 50% throughout
the calendar year for which benchmarking is required; or
is new construction and received its certificate of use and
occupancy during the calendar year for which benchmarking is
required.
104
105
106
107
108
18A-40.
Data Verification.
!ill
Verification required.
Before the first benchmarking deadline
required
Qy
Section 18A-39, and before each third benchmarking
deadline thereafter, the owner of each covered building must assure
(j)
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110
that reported benchmarking information for that year is verified
Qy
~
licensed professionaL The verification must be
~
stamped and signed
statement
Qy
~
111
112
113
licensed professional attesting to the accuracy of the
information. If the Director requests, the owner of
~
covered building
must produce the statement available for the most recent year in
which verification was required.
[Q}
114
115
116
Waiver.
The Director may waive the requirements of this Section if
the owner shows that compliance with this Section will cause undue
financial hardship.
If
~
117
118
119
no-cost or low-cost verification option is
available, the Director may require the owner to use the alternative
option.
18A-41.
Solicitation of compliance information from tenants.
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
ill
Solicitation
Q[
information from tenant.
An owner of
~
covered
~
building must request relevant information from any tenant in
covered building no later than March
1
of each year in which
benchmarking is required
Qy
Section 18A-39. If the owner receives
notice that
~
tenant intends to vacate
~
unit which is subject to this
Section, the owner must request the information within 10 days after
receiving the notice to vacate.
[Q}
Tenant response.
Within 30 days after receIvmg
~
request for
~
information from the building owner, each tenant of
unit in
~
covered building must provide the building owner with all
information that the owner cannot otherwise acquire that is necessary
to comply with this Article.
(£)
Failure
Q[tenant
to provide information.
ill
If any tenant does not provide the information required under
this Section to the owner of
~
covered building, that fact does
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Bill No. 2-14
136
not relieve the owner of the obligation to benchmark the
building under Section 18A-39, using all information otherwise
available to the owner.
137
138
139
140
ill
If
~
tenant of
~
unit in
~
covered building does not provide
information to the owner of the building under this Section, the
Director must consider the owner to be in compliance with
Section 18A-39 if:
141
142
143
144
®
ill.)
the owner shows that the owner requested the tenant to
provide the information under this Section; and
the owner benchmarked the building under Section 18A­
39, using all information otherwise available to the
owner.
145
146
147
148
18A-42.
Annual report; disclosure of benchmarking information.
Annual report required.
By October
1
of each year, the Director must
submit
~
149
150
ill
benchmarking report to the County Executive and County
151
152
153
Council. The report must review and evaluate energy efficiency in
covered buildings, including:
ill
ill
C!2}
summary statistics on the most recent reported energy
benchmarking information; and
discussion of any energy efficiency trends, cost savings, and job
creation resulting from energy efficiency improvements.
154
155
156-
157
Disclosure
Q[
benchmarking information.
The Director must make
reported benchmarking information readily available to the public to
the extent allowed under state law.
158
159
160
{£)
Exceptions to disclosure.
To the extent allowable under state law, the
Director must not make the following readily available to the public:
161
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Bill No. 2-14
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166
ill
any
individually-attributable
reported
benchmarking
information from the first calendar year that
f!
covered building
is required to benchmark; and
ill
any
individually-attributable
reported
benchmarking
information relating to
f!
covered building that contains
f!
data
center, television studio, or trading floor that together exceeds
10% of the gross square footage of the individual building until
the Director finds that the benchmarking tool can make
adequate adjustments for these facilities. When the Director
finds
that the benchmarking tool
can make adequate
167
168
169
170
171
172
173
174
adjustments, the Director must report this data in the annual
report.
18A-43.
Regulations; penalties.
The County Executive may issue Method
ill
regulations to administer
this Article.
175
ill
(Q)
176
177
178
179
Any violation of this Article is
f!
Class A violation.
Article 7. Energy Audits and Retro-Commissioning of Base Building Systems.
18A-44.
Definitions.
180
181
In this Article, the following words have the meanings indicated:
ASHRAE
means the American Society of Heating, Refrigerating and Air­
182
183
184
conditioning Engineers, Inc.
Base building system
means each system or subsystem of
f!
building that
uses energy or impacts energy consumption, including:
185
186
187
ill
ill
ill
the building envelope;
any heating, ventilating, and air conditioning (HVAC) system;
any conveying system;
any domestic hot water system; and
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ill
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Bill No. 2-14
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190
ill
any electrical or lighting system.
Base Building system
does not include any industrial process that occurs in
~
covered building or any system or subsystem owned
Qy
~
191
192
193
194
195
196
~
tenant (other than
net lessee for
~
term of 49 years or more, including any renewal option),
~
condominium unit owner, or cooperative unit shareholder, or
subsystem for which
~
system or
tenant bears full maintenance responsibility and that
is located in the tenant's leased space or exclusively serves that leased space.
Building management system
means
and controls
~
~
computer-based system that monitors
197
198
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200
201
202
203
204
205
206
207
208
209
210
building'S mechanical and electrical equipment, such as its
HVAC, lighting, power, fire, and security system, including, at least, control
of the heating equipment using interior temperature sensors.
County building
means
~
covered building that is owned
Qy
the County and
for which the County regularly
Pill
all or part of the energy bills.
Covered building
means
ill
ill
ill
1
building that exceeds 50,000 gross square feet;
J
or more buildings on the same tax identification
together exceed 100,000 gross square feet; or
number that
J
or more
buildings held in the condominium form of ownership that
are governed
Qy
the same board of managers and that together exceed
100,000 gross square feet.
Covered building
does not include any
L
b
or 3-family residential building.
Current facility requirements
means the owner's current operational needs
and requirements for
~
211
212
213
214
215
building, including temperature and humidity set
points, operating hours, filtration, and any integrated requirements such as
controls, warranty review, and service contract review.
Department
means the Department of Environmental Protection.
Director
means the Director of the Department or the Director's designee.
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Energy audit
or
audit
means !! systematic process to identify and develop
improvements to any base building system, including any alteration of that
system and the installation of new equipment, insulation, or other generally
recognized energy efficiency technology to optimize energy performance of
the building and achieve energy savings.
217
218
219
220
221
Energy auditor
means an individual the Department authorizes to perform
energy audits and certify audit reports required by this Article.
222
223
Energy management system
means !! system incorporating interior
temperature sensors and !! central processing unit and controls, which are
used to monitor and control electricity,
applicable, based on the need for heating.
~
224
225
226
227
228
steam, and oil usage, as
Energy efficiency report
means the report required under Section 18A-47.
Financial hardship
Qj
f!
building
means !! building that:
229
230
231
232
233
234
235
ill
ill
was included on the Department of Finance's tax lien sale list within
2.
years before an energy efficiency report was due; or
is exempt from real property taxes under Maryland Code, Tax­
Property Article, Sections 7-201, 7-202, and 7-204, or any successor
provisions, and had negative revenue less expenses during the
years before an energy efficiency report was due.
2.
tax
Green Building Council
means the U.S. Green Building Council, an
organization that has developed and published the LEED rating system to
measure the energy and environmental performance of!! building.
236
237
238
LEED
refers to the series of Leadership in Energy and Environmental
Design (LEED) rating systems developed by the Green Building Council.
239
240
Owner
means:
241
ill
the owner of record of !! covered building;
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Bill No. 2-14
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245
246
ill
ill
the net lessee in the case of
~
net lease of an entire building for
~
term
of 49 years or more, including any renewal option;
the board of directors or similar body if the covered building is
~
cooperative apartment or condominium corporation.
Registered design professional
has the meaning in the latest version of the
ICC International Building Code or another building code that the County
adopts.
247
248
249
Retro-commissioning
means
~
systematic process applied to an existing
250
251
252
253
building that has never been commissioned to assure that the building's
systems are designed, installed, functionally tested, and can be operated and
maintained according to the owner's operational needs.
Simple payback
means the number of years for projected annual energy
savings to equal the amount invested in an energy conservation measure, as
determined
hi:
dividing the investment
hi:
the annual energy savings.
254
255
256
Space
means an area in
~
building enclosed
hi:
floor to ceiling walls,
257
258
259
260
261
262
263
264
265
266
267
268
partitions, windows and doors.
18A-45.
Energy audits
required.
Audit required.
The owner must assure that an energy audit is
performed on the base building systems of
~
covered building before
filing an energy efficiency report required
ill
hi:
this Article.
Except as
otherwise provided in Section 18A-49. an energy audit must be
performed
hi:
or under the supervision of an energy auditor and must
be performed in accordance with applicable regulations. The audit
process must cover the base building system and must at least
identify:
ill
any reasonable measure, including any capital improvement,
that would reduce energy use or the cost of operating the
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286
287
building;
ill
for each measure, the associated annual energy savings, the cost
to implement, and the simple payback, calculated
Qy
approved
Qy
the Department;
~
method
ill
the building's benchmarking output consistent with the United
States Environmental Protection Administration Portfolio
Manager tool or another method the Director finds equivalent;
Gl
~
break-down of energy usage
Qy
system and predicted energy
Qy
savings
system
after
any
proposed
measures
are
implemented; and
ill
~
general assessment of how the maJOr energy consuming
equipment and systems used in tenant spaces impact the energy
consumption of the base building systems, based on
representative sample of spaces.
(Q)
Audit process.
The energy audit process must be at least as stringent
~
as the Level II Energy Survey and Engineering Analysis of the 2004
edition of Procedures for Commercial Building Energy Audits
published
Qy
the ASHRAE, or another process the Director finds
equivalent.
288
289
290
291
292
293
294
295
W
Qualifications
Q[
auditor.
An energy auditor must be
f!
registered
design professional with any other certification or qualification the
Director finds appropriate.
@
Contents
Q[
audit report.
The energy auditor must prepare and certify
~
report of the energy audit. Except as otherwise provided in Section
18A-49, the audit report must include information relating to the audit
as required
Qy
applicable regulations, including the date when the
audit was completed and the information required
Qy
subsection
hl
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297
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299
ill
Compliance with landmarks laws.
The cost estimates for any covered
building that is regulated
Qy
any state or federal law regulating
landmarks or historic buildings must include all added costs necessary
for the proposed work to comply with that law.
300
301
302
303
304
305
306
307
308
309
310
ill
Timing
gfenergy
audit.
Except as otherwise provided in Section 18A­
49, the energy audit must be completed no earlier than
1
years before
the date when
f!
covered building's energy efficiency report is filed
under this Article.
(g}
Exceptions.
An
energy audit is not required if
f!
registered design
professional certifies that the building complies with any of the
following requirements:
ill
The covered building received an EPA Energy Star label for at
least
~
of the
J.
years before the building'S energy efficiency
report is filed.
ill
No EPA Energy Star rating is available for the building
~
311
and
f!
registered design professional documents that the
building'S energy performance is 25 or more points better than
the performance of an average building of its
~
over
f!
2-year
period during the
J.
years before an energy efficiency report is
filed, consistent with the methodology of the Leadership in
Energy and Environmental Design 2009 rating system for
Existing Buildings published
Qy
the United States Green
Building Councilor other rating system or methodology for
existing buildings, as determined
Qy
the Department.
312
313
314
315
316
317
318
319
320
321
322
ill
The covered building received certification under the LEED
2009 rating system for Existing Buildings, or another rating
system for existing buildings the Director finds equivalent,
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327
328
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332
333
334
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336
337
338
339
340
341
342
343
344
345
346
347
348
349
within
filed.
18A-46.
~
years before the building's energy efficiency report is
Retro-commissioning required.
ill
Retro-commissioning required.
The owner of
~
covered building must
assure that retro-commissioning is performed on the base building
system of
~
covered building before filing an energy efficiency report
as required
Qy
this Article. Except as otherwise provided in Section
18A-49, retro-commissioning must be performed
Qy
or under the
supervision of
~
retro-commissioning agent, as required
Qy
applicable
regulations issued under subsection
ili1
®
Regulations.
The County Executive must issue regulations requiring
that sufficient analysis, corrections and testing have been done so that
each base building system demonstrates efficient operation.
ill
Contents
gf
retro-commissioning report.
The retro-commissioning
agent must prepare and certify
~
retro-commissioning report. Each
retro-commissioning report must include information relating to the
retro-commissioning as specified in applicable regulations.
@
Timing
gf
retro-commissioning
Except as otherwise provided
In
Section 18A-49, each retro-commissioning must be completed no
earlier than
~
years before
~
covered building's energy efficiency
~
report is filed with the Department under this Article.
ill
Documentation
gf
retro-commissioning.
The owner must maintain
~
of the latest up-to-date equipment manual and the most recent
retro-commissioning report at every covered building and must make
either available to the Department for inspection on request.
ill
Exceptions.
A retro-commissioning is not required if the covered
building received certification under the LEED 2009 rating system for
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Bill No. 2-14
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
Existing Buildings, or another rating system for existing buildings the
Department finds equivalent, within
~
years before the building'S
energy efficiency report is filed and earned the LEED point for
Existing Building Commissioning investigation and analysis and the
LEED point for Existing Building Commissioning implementation.
18A-47.
Energy efficiency report required.
Report required.
Except as provided in Section 18A-49, the owner of
each covered building must file an energy efficiency report for the
building during the calendar year when the report is due under this
Section and every tenth calendar year thereafter.
W
®
Content gf report.
Except as otherwise provided in Section 18A-49,
each energy efficiency report must include, in
£!
format approved
the Department:
hv
ill
ill
{£}
the building'S energy audit report or documentation that an
exception applies to the building; and
the building'S retro-commissioning report or documentation
that an exception applies to the building.
Due dates.
The first energy efficiency report for each covered
building in existence on July.L.
2014,
and for each new building must
369
370
371
be due, beginning with calendar year 2015, in the calendar year with
£!
final digit that is the same as the last digit of the building'S property
identification number, as illustrated in the following chart:
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Bill No. 2-14
372
Last
digit of
I
Q
1
2
3
4
~
6
7
8
.2
~ro~erty
ID
:
number
Year
first
2020 2021
2022 2023 2024 2015 2016 2017 2018 2019
EER
due
-.
IS
«._.
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
@
..
-
.. ....
_-­
-
_--
..
--
Deferral
gf
energy efficiency report.
An
owner of
~
covered building
."
..
~----.--
,
...•..
_
........
--
,,-,-
--
...
_....
.
-~-
...
'....
"
.......
..
. ..
-_.
---~---
may defer submitting an energy efficiency
re~ort
for
~
covered
building until the tenth year after the year identified in subsection
ill
if the building:
ill
ill
is less than
lQ
years old at the beginning of its first assigned
calendar year; or
has undergone substantial rehabilitation, as certified
Qy
~
registered design professional, within 10 years before the
calendar year when an energy efficiency report is due, if at the
beginning of the calendar year the base building systems of the
building
com~ly
with County law in effect for new buildings
constructed on and after July
L
2010 or in effect on the date of
the substantial rehabilitation, whichever is later.
ill
Exceptions.
ill
The Director may allow an extension of time to file an energy
efficiency report if the building's owner shows that, despite the
owner's good faith efforts, the owner could not complete the
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Bill No. 2-14
390
391
392
393
394
395
396
397
398
399
400
401
required energy audit and retro-commissioning before the due
date for the report. The Director may allow no more than
2.
extensions of no more than one year each.
Any extension
allowed under this Section must not extend the scheduled due .
dates for any later energy efficiency report.
ill
The Director may allow one or more annual extensions of time
to file an energy efficiency report because of financial hardship
of the building.
ill
Due dates for County buildings.
The first due dates for County
buildings must follow
f!
staggered schedule, from calendar year 2015
through calendar year 2023, for each building in use on July
L
2014.
The Director must add each County building opened to use after that
date to the schedule within 10 years after the Department of
Permitting Services issues the certificate of use and occupancy for the
building.
(g)
402
403
404
405
406
Combined audit and retro-commissioning.
An owner may perform
the audit and retro-commissioning of
f!
building in
f!
combined process
if that process meets all requirements of Sections
18A-45
and
18A-46.
407
408
18A-48.
Notice.
409
410
411
412
413
414
The Department must notify the owner of each covered building of the
requirements of this Article no later than
J.
years before the calendar year when the
covered building'S energy efficiency report is due and in the calendar year before
the calendar year when the report is due.
18A-49.
Early compliance.
The Department may allow an owner of
f!
covered building to comply with
this Article before the deadline specified in Section 18A-47.
415
416
18A-50.
Re2ulations; penalties.
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Bill No. 2-14
417
418
419
420
ill
(hl
Approved:
The County Executive may issue Method
ill
regulations to administer
this Article.
Any violation of this Article is
f!
Class
violation.
421
422
423
424
Craig L. Rice, President, County Council
Approved:
Date
425
426
427
428
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
429
430
431
Linda M. Lauer, Clerk of the Council
Date
F:\LAW\B1LLS\ 1402 Benchmarking\BiIl 4.Doc
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LEGISLATIVE REQUEST REPORT
Bill 2-14
Environmental Sustainability Buildings
-
Benchmarking
DESCRIPTION:
Would require the owners of certain buildings to benchmark the
energy use of certain buildings and retro-commission certain building
systems to improve their energy efficiency. Modeled after laws in
New York, Chicago, and the District of Columbia, would require
building owners to measure the energy efficiency of their buildings,
make that information public, and periodically commit to ensuring that
their energy efficiency equipment is working properly. This Bill is
designed to work with the recently enacted PACE program to create
market based incentives for building owners to increase the efficiency
of their buildings. Information provided would aid tenants in
forecasting future utility costs.
Insufficient attention is often paid to the energy efficiency of existing
commercial buildings.
To improve the energy efficiency of existing and future commercial
buildings.
Department of Environmental Protection, Department of Permitting
Services
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, 240-777-7815
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICA TION
WITHIN
MUNICIPALITIES:
PENAL TIES:
Class A.
F:\LAW\BILLS\1402 Benchmarking\LEGISLAT1VE REQUEST REPORT. Doc
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MONTGOMERY COUNTY COUNQL
ROtcKVltLfL MARYLANi!
ROI:lEk
BERLrNER
COUNCILM6.MU.E1t
Df'iTRICT
I
CHAIRMAN
TRANSf'OR
'fATlQr'L
l!'FRA~1'R
tJCTFRE
ESERGY
&:
ENVlRONMENT
COMMITTEE
January
14.2014
Dear Colleagues,
Next week I will be introducing a package of 13 energy/environmentalmea.sures
that are designed to ensure that Montgomery County remains at thesustainahility
forefront
I
would
be
pleased to have
youcospo:nsor
some
or
all
of these measures.
These measures focus on.renewable energy, energy efficiency, transportation, and
government accountability. I have attached
3.
fact sheet that gives a brief description of
each ofthem.
and of course ¥I'UuIdbehappy to discuss any of them in greate.r detail
should you have questions.
I was inspired by our
Council's
decision to a."I.')crt its leadership in th.e context of
reducing
the gap in
income
disparities by passing a local minimum wage law.
j
think aU
of us appreciate that
the
federal
gayemment
has
become
so dysfunctional
that we
cnll
expect little progress on many
of theissues
we
Care
deeply abo.ut. Indeed. Bruce
Katz
of
nrookings recently described the federal
government
as a "large health insurance .
company
""ith
an
anny." His
thesis, which
1 share,
is
that
our governing
paradigm has
shifted from atop down
led
by the federal g()';;ernment
to
a
bcttomupled
by
local
govcnunents like ours.
1 say aU of this because
we
n~ed
to
do
more
if
\\'1:
are to address
climate change.
It
is
obviomdy
not a
hoa>;;.
and\veknow what we need to do to address
it.
We need
to
use
less
en~Tgy
andeleaner
energy~
Period. This package of bills
is
taken in many
instances
from what
other
le;uiingjurisdictions
ate
doing- from
Chicago
to Seattle to California
and New York states. They·are
It
mixofleadillS
by
examp)c~
re:wardinggree.n
businesses, supporting market
forees.
adopting moTe exacting standards, and holding
OUf
countygovem.mentaccountability.
Holding ourselves accounmble is
important.
When the Council passed a.similar
package
iJl2008~
,\-ve tasked
it
SUStainabiBty Working Group with
the
principle
responsibility for
guiding
our County to achieve our fonnalgoai
of
reducing greenhouse
gas emissions
by
80percent
by
2050. It is time now to make this a core government
STEllA B. WeRNER OFFlCEBUlU;IlNG ' 100 MAA1I.AND AVfNU£t 6
1li
FLOO~.
ROCKItlLlf, MARytA/'lt) 20850
24()-777-7828 OR
~40~TI7-1900,
TTY
2<w-m'7914,
FAX 241)-777-7989
WWW.MONTGOMERYCQUNTYMO,GOV
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responsibility,
atld
this package
includes
a measure that \\1.11 create an
Offi~
of
Sustainability withillDEP whose principal responsibility v.iUbe to moni1t;t how
we
are
dt).ing and
to
help develop
the
pollt::iesand
practic~<;
that
will
get
us
to
'where
W~
necdlo
be. .
1 hope
you
will
join me
in
Dlaking
sure
Montgomery
County
burnishes
it.~
reputatl(Jtl as a c{)mmunity that embraces
sustairtability
at
our
cote,
Sincerely~
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FACT SHEET ON
COUNOlMEMBER BERLINER'S 13 ENERGY/ENYI RONMENT
LEGISLA
rIVE
INITlATIVES
Countilmember Roge.r Berliner
(D~l),
Chairbfthe Montgomery County
Transportation
t
Infrastructure, Energy
&:
EnvironmeotCommittee.
will
be introducing 13 energy/environmental
measures
on January
21. The measures
ate
designedto underscore
and
support the CQunty's
commitment to sustainabUity
and
would (1). promote increased energy efficiency; (2) Increase use of
renewable
ene~y;
(3)
decrease.
consumption
of
gasoline and>support electric vehicles;
and
(4)creatli!
rna re
accountability
i!nd
responsibility within county government for
~<:hievi
og
the
county's
goa
I
of
reduCinggreennouse gas emissions 80%
by
2050. Belowisa brief description of eachofthese
measures:
Renewable Energy
• Renewable Energy
Purc:hasing-SO%
Renewablesby201Sil00%
by
2020- Today the
County purchases approximately 30% of
its
energy froOl
renewable
energy
resourceS.
Washington,. DC; Austin, Te/<as; and Pordand
J
Oregon are akeadyat lOo%renew;lble
ener~.
• Renewables Onsile - ThfS biU, modeled
after
a recently
passed law in
Prince George's
County, would require
neworexten~ively
remodeled county buildings, to generate at lei!lst
lkHowatt
of
renewable energy for every 1,000 square
feet
of floor ares.
• <1reentaping Solar -- Two of the impediments to increased solar utilization are the cost and
time involved
in
getting permits.
This measure, patterned
after
a
successful
program in
Chicago, requires out Department of Permitting Services to devise an expedited an(j less
costly
process
for solar
related
permits.
• Solar Zooing Accommodation- Current set back requirements limit the use of solar in
residentialdwellings. This..ZTA would modestly amend our zoning laws to permit solar to
extend
:2
feet irito the side or rear setback.
Energ,x Efficiency
Benchmarking Buildings - This legislation, modeled after
laws
in
New
York, Chicago, and
the District of Columbia, would require buildingowAers to measure the energyefficiency.of
their buildings, make that information publicj and periodically commit to ensuring that their
energy effitien91
equipmentis working
properly. It is designed to work with
the
rece,ntly
passed PACE ptogramtocreatemarketbasecl incentives for buildihgOwners to increase the
efficiency of their bUildings. Information provided would aid tenants in forecasting future
utility
CosK
• Sliver tEED for New BiJildings- Current county law requires new commerCial buildings
to
be
lEED certified, while county buildings must meet the more envfronmenta
lJy
stringent Silver
standard. This bill would require all new commercial buildings
to
meet Silver LEEO.
@
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• Cost of Carbon -- The use of conventional fuels, particularly coal,
extracts
a cost on society
that
is
not reflected in its
price.
These "external"
costs
shotl!~
be fac;tored
into
the
cost/benefit
calculations that
the
county
lItiHzes when
it
assesses
the potential for energy
efficiency improvements. This bill would require the
COunty
touseEPA~s
"social
cost of
carbon" calculation or
acornparable
methodology for
those
purposes;
• LE D Street
Ughting --
Itis generally recognized that lED lighting
is
far
more
ehergy efficient·
and requires
far
lessmarntel'1ance,
This
bill would
require
DOT,
upon the expiration or
its.
current contract for street lighting, to contract with an LED company.
Transportation
• EVlnfrastructure -- ElectricVehtdes
wiliOlily
become
mainstreain
when fhere
are
sufffd~nt
charging
stationS
to inspire confidence in the
Ptiblic,
California
recently passed legislation
requiring aJ(new buildings
over
a
certain size
to
be
dEV
ready."
This
trA
would
require all
new buildings to install 1
EV
charging station
for
every 5Qparking spaces,
• Greentaping
EVstations-
Just
as in
solarinstaflations,
EVcharging
stations can
be
subJect
to
a lengthy and costlv permitting
process.
This bill would require DPS to institute an
expedited
and
less
costly permitting
prQcess.
• TelewQrking .....
ieleworking
1s becoming
far JllOreCOmmon and accepted.
Other
jurisdictions,
inchJding
Fairfax,havernade
Significantly
more progress In establishing
teleworking goals and
meeting
them. This legislation would require the County
EXecutive
to
ptibJish
regulations
thatsetforth adefinitivetelewQrking policy
and
a
requirement
to
designate a telecommuting manager.
Government
lru:entives
&
Accountabilitt
• Create an Office
ofSustainabllit~
within DEP - Thi5bHl would create a new Office of
Sustainability Within DEI'. When the COllncU passed
legislation
inlOOS,it tasked
a
SustainabHity Working Group with
the
responsibility
of
guiding our CounWs greenhouse gas
reduction
implementation. It is now time to make this a fundamental responsibility of the
county
governmentand
to
hold oursel\les accountable.
• County
Green Certified Businesses - The County has created a program whereby a local
business can be "green
certified"
by
adopting good sustainabfepractices. ThisbilltaUs
upon the County Executive to issue regulations
that
would
give a preference in
contracting
to local
businesses
that
are green certified.
@