AGENDA ITEM #5E
January 28, 2014
Introduction
MEMORANDUM
TO:
FROM:
County Council
",Amanda Mihill, Legislative
AttorneY~liU
~ichael
Faden, Senior Legislative Attorney
Introduction:
Bill 6-14, Environmental Sustainability
Established
SUBJECT:
Office of Sustainability ­
Bill 6-14, Environmental Sustainability
Office of Sustainability - Established,
sponsored by Councilmembers Berliner, Floreen, and Riemer, Council Vice President Leventhal,
and Councilmembers Andrews, and Navarro, 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 6-14 would create an Office of Sustain ability in the Department of Environmental
Protection. In 2008, the Council tasked a Sustainability Working Group with the responsibility
of guiding the County's greenhouse gas reduction implementation. The Working Group has not
met or produced anything in recent years.
Councilmember Berliner explained the purpose of this Bill in his January 14
memorandum describing his proposed energy/environmental package. See ©20 of Bill 2-14,
Agenda Item 5A.
This packet contains:
Bil16-14
Legislative Request Report
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Bill No. _ _ _
~~
_ _ _ __
Concerning: Environmental Sustainability
- Office of Sustainability - Established
Revised:
1/10/2014
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 MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Berliner, Floreen, and Riemer, Council Vice President Leventhal, and
Councilmembers Andrews, and Navarro
AN
ACT to:
(1)
(2)
(3)
(4)
create a Office of Sustainability in the Department of Environmental Protection;
specity the duties ofthe Office;
repeal and reassign the duties of the Sustainability Working Group; and
generally amend County law on environmental sustainability.
By amending
Montgomery County Code
Chapter 8, Buildings
Section 8A-14B
Chapter 18A, Environmental Sustainability
Sections 18A-12, 18A-13, 18A-14, 18A-17, 18A-19, 18A-20, and 18A-23
Chapter 40, Real Property
Section 40-13B
By deleting
Chapter 8, Buildings
Section 8-14C and 8-53
Chapter 18A, Environmental Sustainability
Sections 18A-15 and 18A-16
Boldface
Underlining
[Single boldface brackets]
Double 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.
6-14
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Sec. 1. Sections 8-14B, 18A-12, 18A-13, 18A-14, 18A-17, 18A-19, 18A-20,
18A-23, and Section 40-13B are amended, and Sections 8-14C, 8-53, 18A-15, and
18A-16 are deleted as follows:
8-14B.
County buildings - energy unit savings plans, energy cost savings
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5
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7
8
9
plans, and energy performance contracts.
(a)
Definitions.
In this Section, the following words have the meanings
indicated:
["]
County building["]
means a building which is owned or leased by the
County.
["]Energy baseline["]
means the amount of energy consumed each year
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by a County building based on historical metered data, engineering
calculations, submetering of buildings or energy consuming systems,
building load simulation models, statistical regression analysis, or any
combination ofthose methods.
["]Energy cost savings plan["]
means a plan to reduce a County
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building's energy costs, including related operation and maintenance
costs.
["]Energy performance contract["]
means a contract which provides for
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the performance of services for the design, acquisition, installation,
testing, operation, maintenance, or repair of an identified energy
conservation measure or series of measures in a County building.
["]ENERGY STAR rating["]
means the ENERGY STAR rating
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developed by the federal Environmental Protection Agency which
reflects a building's energy efficiency.
["]Energy unit savings plan["]
means a plan to reduce the amount of
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energy used by a County building, as measured in kilowatt hours or
British thermal units.
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No.
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Office
gf
Sustainability
or
Office
means the Office of Sustainability
created under Section 18A-13.
["]National energy performance rating system["]
means the rating
system developed by the federal Environmental Protection Agency
under which a building may obtain the ENERGY STAR rating.
["Sustainability Working Group" means the Group defined in Section
18A-13.]
(b)
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Requirements.
The Office of Sustainability [Working Group] must:
(1)
develop an energy baseline, energy unit savings plan, and energy
cost savings plan for each County building;
(2)
submit an initial report to the County Executive and County
Council by January 15, [2009] 2015 which summarizes the
energy baseline, energy unit savings plan, and energy cost
savings plan for each County building; and
(3)
submit an annual report to the County Executive and County
Council by January 15 of each year that summarizes the steps
taken in the preceding fiscal year to implement the energy unit
savings plan and energy cost savings plan for each County
bUilding.
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(c)
Energy performance contracts.
Each energy unit savings plan and
energy cost savings plan that the [Sustainability Working Group] Office
prepares under subsection (b) must include a plan to use an energy
performance contract unless the [Sustainability Working Group] Office
finds that the cost of using an energy performance contract outweighs
the benefit.
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[8-14C.
[(a)
Private buildings - incentives.]
Study.
The Sustainability Working Group must evaluate:
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(1)
options for creating incentives for the owners of commercial,
multi-family residential, or single-family residential buildings to
modify the buildings to increase their energy efficiency and
(2) options to minimize the impact on affordable housing of
achieving the ENERGY STAR rating under the national energy
performance rating system.
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(b)
Report.
The Sustainability Working Group must submit a report to the
County Executive and County Council by January 15, 2009 regarding
the Group's findings and recommendations.]
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[8-53.
[(a)
ASHRAEIUSGBCIIESNA standards.]
Definitions.
"ASHRAEIUSGBC/IESNA Standard 189.1" means the standard for
high-performance green buildings developed by the American Society
of Heating, Refrigerating and Air-Conditioning Engineers, the U.S.
Green Buildings Council, and the Illuminating Engineering Society of
North America.
(b)
The Sustainability Working Group must:
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(1 )
evaluate
the
costs
and
benefits
of
adopting
the
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ASRAEIUSGBVCIIESNA Standard 189.1; and
(2) recommend to the County Executive and County Council by
January 15, 2009, whether the County should adopt the
ASHRAEIUSGBCIIESNA Standard 189.1, particularly the
energy efficiency section, or any other building performance
standard.]
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18A-12.
Definitions.
In this Article, the following words have the meanings indicated:
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["]Cap and trade program["]
means a program that places a limit on the
aggregate net greenhouse gas emissions of the participants, while allowing the
transfer or sale of greenhouse gas emission allowances.
["]Carbon dioxide equivalent["]
means a given weight of a greenhouse gas
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that has the same global warming potential, measured over a specified time, as
a given weight of carbon dioxide.
["]
Climate Protection Plan["]
means the plan to reduce the level of
Countywide greenhouse gas emissions prepared under Section 18A-14.
["]
Countywide greenhouse gas emissions
["]
means the total annual greenhouse
gas emissions in the County, measured in tons of carbon dioxide equivalents,
including all emissions from electricity generated outside the County but
consumed in the County.
["]Department["]
means the Department of Environmental Protection.
["]Director["]
means the Director of the Department or the Director's
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designee.
["]Greenhouse gas["]
includes carbon dioxide, methane, nitrous oxide,
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hydro fluorocarbons, perfluorocarbons, and sulfur hexafluoride, and any other
gas or substance the Director finds to be a significant contributor to global
warmmg.
Office gfSustainability
or
Office
means the Office of Sustainability created in
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Section 18A-13.
18A.13.
[Sustainability Working Group] Office of Sustainability.
[(a)
Definition.
In
this Section, "Group" means the Sustainability Working
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Group.]
[(b)
Established.
The Executive must appoint, subject to confirmation by
the Council, a Sustainability Working Group.]
[(c)
Members.
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(1)
(2)
The Group has 26 members.
The Executive must appoint a representative from each of the
following Departments to serve as an ex officio member:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
Environmental Protection;
Economic Development;
Finance;
General Services;
Management and Budget;
Permitting Services;
Public Information; and
Transportation
(H)
(3)
The Executive must invite one representative from each of the
following to serve as an ex officio member:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
County Council;
County Planning Board;
Washington Suburban Sanitary Commission;
Montgomery County Public Schools;
Montgomery College;
a municipal government in the County; and
an appropriate regional organization.
The public
(4)
The Executive must appoint 11 public members.
members should include:
(A)
(B)
(C)
(D)
(E)
representatives of the business community;
representatives of land development or building interests;
representatives of energy distribution or supply firms;
persons with expertise in stormwater management;
persons with expertise in clean energy and air quality;
G
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(F)
(G)
(H)
persons with expertise in forest and habitat protection;
members of civic organizations active in County affairs;
persons with scientific and academic expertise; and
representatives of communications and media interests.
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(I)
(5)
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The term of each member is 3 years. If a member is appointed to
fill a vacancy before a term expires, the successor serves the rest
of the unexpired term.]
[(d)
Voting, officers, chairs, meetings, and compensation.
(1)
(2)
Each member of the Group is a voting member.
The Executive must designate the Director of the Department of
Environmental Protection and a public member to be Co-chairs.
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(3)
The Group meets at the call of the Co-chairs. The Group must
meet as often as necessary to perform its duties, but not less than
quarterly.
(4)
A member serves without compensation. However, a member
may request reimbursement for mileage and dependent care costs
at rates established by the County.]
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[(e)
Subcommittees.
The Co-chairs, with the approval of the Group, may
create one or more subcommittees to assist in carrying out any function
of the Group. Any subcommittee must consist of at least 3 members.
Any subcommittee action is not the action of the Group and must not
bind the Group or its members. The Co-chairs must select the chair and
members of each subcommittee, which may include persons who are
not members of the Group. However, the chair of each subcommittee
must
be
a member of the Group.]
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[(t)
Duties.
By January 15,2009, the Group must:
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(1)
conduct the greenhouse gas emissions inventory and recommend
the Climate Protection Plan as required under Section 18A-14;
(2)
conduct the annual inventory of the County's sport utility
vehicles and develop criteria to identifY positions in County
government that should be assigned sports utility vehicles as
required under Section 18A-19;
(3)
evaluate the costs and benefits of a car share program as required
under Section 18A-22;
(4)
prepare a Telecommuting Action Plan as required under Section
33-24;
(5)
develop an energy baseline, energy unit savings plan, and energy
cost savings plan for each County building as required under
Section 8-14B;
(6)
evaluate options to create incentives for owners of commercial,
multi-family residential, and single-family residential buildings to
modifY those buildings to increase their energy efficiency as
required under Section 8-14C;
(7)
evaluate options to minimize the impact on affordable housing of
achieving the ENERGY STAR rating as required under Section
8-14C;
(8)
evaluate options to encourage homeowners to conduct energy
audits as required under Section 40-13B;
(9)
prepare a Renewable Energy Action Plan as required under
Section 18A-16 and
(10) evaluate
the
costs
and
benefits
of
adopting
the
ASHRAEIUSGBCIIESNA Standard 189.1 as required under
Section 8-53.]
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[(g)
Additional duties.
The Group may also recommend, as appropriate, any
action that promotes the improvement of air and water quality, habitat
restoration, economic vitality, and a high quality of life for all County
residents. This and other duties of the Group must not infringe on or
restrict the County Planning Board's authority under state and County
laws to conduct land use and transportation planning and other relevant
planning and analysis.]
[(h)
Annual report.
By January 15 each year, the Group must submit to the
Executive and Council an annual report on:
(1)
(2)
its activities, accomplishments, plans, and objectives;
actions taken to implement the Climate Protection Plan, and
whether the County is meeting the goals identified in the Climate
Protection Plan as required under Section 18A-14;
(3)
the use of biodiesel fuels in County vehicles, results of the sport
utility vehicle inventory, and the average fuel economy for
passenger vehicles and light trucks
in
the County fleet as required
under Section 18A-23;
(4)
action taken
in the
preceding year to
implement
the
Telecommuting Action Plan as required under Section 33-24; and
(5)
steps taking in the preceding year to implement the energy unit
savings plan and energy cost savings plan for each County
building as required under Section 8-14B.]
[(i)
Advocacy.
The Group must not engage in any legislative
~dvocacy
at
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the State or federal levels unless that activity is approved by the Office
of Intergovernmental Relations.]
(0)
Staff.
The Chief Administrative Officer must provide appropriate staff
to the Group.]
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tru
®
Created.
The Department of Environmental Protection must create an
Office of Sustainability.
Duties.
The Office must:
ill
ill
update the greenhouse gas emissions inventory as required under
Section 18A-14;
conduct the annual inventory of the County's sport utility
vehicles and develop criteria to identify positions in County
government that should be assigned sport utility vehicles as
required under Section 18A-19;
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ill
develop an energy baseline, energy unit savings plan, and energy
cost savings plan for each County building as required under
Section 8-14B;
ill
ill
{£l
evaluate options to encourage homeowners to conduct energy
audits as required under Section 40-13B; and
prepare an annual report, as required in subsection
~
Annual report.
By January
12
each year, the Office must submit to the
County Executive and County Council an annual report on:
ill
ill
its activities, accomplishments, plans, and objectives;
actions taken to implement the Climate Protection Plan, and
whether the County is meeting the goals identified in the Climate
Protection Plan as required under Section 18A-14;
ill
the use of biodiesel fuels in County vehicles, results of the sport
utility vehicle inventory, and the average fuel economy for
passenger vehicles and
ligh!
trucks in the County fleet as required
under Section 18A-23; and
~
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(1)
steps taken in the preceding year to implement the energy unit
savings plan and energy cost savings plan for each County
building as required under Section 8-14B.
18A-14.
Climate Protection Plan.
(a)
Inventory.
The Office of Sustainability [Working Group]. must [conduct
a] update the greenhouse gas emissions inventory to determine the
amount of greenhouse gases emitted in the County and submit a written
report on the inventory to the County Executive and County Council by
January 15, [2009] 2015.
(b)
Reduction of greenhouse gas emissions.
The [Sustainability Working
Group] Office must [prepare a] update the County Climate Protection
Plan by January 15, [2009 that outlines] 2015. This update must outline
a plan to reduce Countywide greenhouse gas emissions to 80% below
the amount of greenhouse gas emissions in the base year identified in
the inventory prepared under subsection (a) by January 1, 2050,
including a plan to [stop increasing Countywide greenhouse gas
emissions by 2010 and] achieve a 10% reduction every 5 years through
2050.
*
(d)
*
*
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Preparation.
In preparing the update to the Climate Protection Plan, the
Office [Sustainability Working Group] must:
(1)
consider greenhouse gas emissions reduction programs in other
jurisdictions;
(2)
evaluate the potential costs and benefits of different options for
reducing greenhouse gas emissions to the County's economy,
environment, health, safety, and welfare; and
®
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(b)
(e)
(3)
use the best available economic models, emissions estimating
techniques, and other scientific methods.
Annual report.
The [Sustainability Working Group] Office must submit
a report to the County Executive and County Council by January 15 of
each year that specifies:
(1)
the actions taken to implement the Climate Protection Plan in the
preceding fiscal year; and
(2)
whether the County is meeting the goals identified in the Climate
Protection Plan.
[18A-15.
[(a)
Carbon tax] Reserved.
In this Section, the following words have the meanings indicated:
"Carbon tax' means a tax that is proportionate to the amount of carbon
dioxide produced by an energy source.
"Fuel energy tax" means the fuel energy tax imposed under Section 52­
14.
The Sustainability Working Group must:
(1)
evaluate the costs and benefits of converting the fuel energy tax
to a carbon tax; and
(2)
submit findings and recommendations to the County Executive
and County Council by January 15, 2009, including a
recommended methodology for converting the fuel energy tax to
a carbon tax.]
18A-16.
[(a)
[Renewable Energy Action Plan] Reserved.
Definitions.
In
this Section, the following words have the meanings
indicated:
"Department" means the Department of Environmental Protection.
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"Director" means the Director of the Department or the Director's
designee.
"Renewable energy" means the following energy sources or technology:
(1)
(2)
(3)
(4)
(5)
solar;
wind;
geothermal;
tidal;
methane from anaerobic decomposition of organic materials in a
landfill or wastewater treatment plant; and
(6)
any other energy source or technology which the Director finds is
derived from natural processes that do not involve the
consumption of exhaustible resources.
"Sustainability Energy Fund" means a non-profit organization which:
(1)
develops end-user markets for products and services relating to
energy efficiency and renewable energy; and
(2)
serves as a point-of-contact for end-users to obtain information
about products and services relating to energy efficience and
renewable energy.
"Sustainability Working Group" means the Group defined in Section
18A-13.]
[(b)
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Study.
The Sustainability Working Group must prepare a Renewable
Energy Action Plan after evaluating the costs and benefits of options to
increase renewable energy use in and by the County, including the
feasibility of creating a Sustainability Energy Fund.]
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[(c)
Initial report.
The Sustainability Working Group must submit a report
to the County Executive and County Council by January 15, 2009 that
identifies the components ofthe Renewable Energy Action Plan.]
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[(d)
Energy work program.
The County Executive's energy work program,
required by Section 18A-2, must identify any action necessary to
implement the Renewable Energy Action Plan.]
18A-17.
Definitions.
In
this Article, the following words have the meanings indicated:
["]ASTM["]
means the American Society for Testing and Materials.
["]B20["]
means a biodiesel blend of20% biodiesel and 80% petroleum diesel
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fuels.
["]Biodiesel["]
means any biomass-based diesel fuel certified by the
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Environmental Protection Agency.
["]Biodiesel blend["]
means a blend of biodiesel fuel, designated BXX, where
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XX represents the volume percentage ofbiodiesel fuel in the blend.
["]Car share program["]
means a program that allows County employees to
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conduct County business using motor vehicles which:
(1)
(2)
are owned or leased by the County; and
County residents and businesses can lease when they are not being used
for County business.
["]County fleet["]
means all passenger vehicles and light trucks owned or
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leased by the County.
["]County vehicle["]
means any motor vehicle owned or leased by the County.
["]Department["]
means the Department of General Services.
["]Diesel fuel["]
means a distillate fuel for use in diesel engines.
["]Director["]
means the Director of the Department or the Director's
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designee.
["]Fuel economy["]
means the federal Environmental Protection Agency's
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combined (city and highway) fuel economy estimate for a vehicle.
@
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["]Light truck["]
means a motor vehicle with a gross vehicle weight of less
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than 8,500 pounds which is:
(1)
(2)
designed primarily for transporting property;
designed primarily for transporting persons and has a capacity of more
than 12 persons; or
(3)
available with special features that enable off-road operation or use.
["]Miles per gallon["]
means the distance traveled in a vehicle powered by one
gallon of fuel.
Office
Q[
Sustainability
or
Office
means the Office of Sustainability created in
Section 18A-13.
["]Passenger vehicle["]
means a motor vehicle, except a light truck or
motorcycle, designed to carry no more than 12 persons.
["]Public safety vehicle["]
means a motor vehicle whose primary purpose is
patrol, transport, emergency response, or another purpose that requires
specialized equipment or capabilities, which is used by:
(1)
(2)
(3)
(4)
the Department of Police;
the Fire and Rescue Service;
the Department of Correction and Rehabilitation; or
any other County department or agency.
["Sustainability Working Group" means the Group defined in Section 18A­
13.]
18A-19.
Sport utility vehicles.
(a)
The Office of Sustainability [Working Group] must conduct an annual
inventory of the County's sport utility vehicles and:
(1)
identify the function that each sport utility vehicle performs;
®
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(2)
identify the most fuel-efficient type of vehicle that could
reasonably and satisfactorily perform the function that each sport
utility vehicle performs; and
(3)
eliminate or replace any sport utility vehicle for which a more
fuel-efficient vehicle could reasonably and satisfactorily perform
the identified function.
(b)
The [Sustainability Working Group] Office must develop criteria to
identify which positions in County government should be assigned a
sport utility vehicle from the County fleet. The Director must follow
this criteria when assigning vehicles from the County fleet.
18A-20.
Fuel economy standards.
(a)
The Office of Sustainability [Working Group] must develop a strategy
to achieve a significant improvement in average County fleet fuel
economy standards as part of the Climate Protection Plan required
under Section 18A-14.
(b)
[Applicability.]
This Section does not apply to public safety vehicles.
Annual report.
18A-23.
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388
389
.390
391
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395
By January 15 each year, the Office of Sustainability [Working Group] must
submit to the County Executive and County Council a report on the:
(a)
use ofbiodiesel in County vehicles, including the quantity, blend, price
per gallon, and average fuel consumption;
(b)
results of the inventory of sport utility vehicles conducted under Section
18A-19; and
(c)
average fuel economy for passenger vehicles and light trucks in the
County fleet.
40-13B.
Energy performance audits-single family homes.
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BILL
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(a)
Definitions.
In
this Section, the following words have the meanings
indicated:
["]Department["]
means the Department ofEnvironmental Protection.
["]Director["]
means the Director of the Department or the Director's
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401
402
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404
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411
designee.
["]Home energy audit["]
means an evaluation of the energy efficiency
of a home which includes any test or diagnostic measurement which the
Department finds necessary to:
(1)
(2)
ensure that a home's energy efficiency is accurately measured; or
identify steps that can be taken to improve a home's energy
efficiency.
Office
Q[
Sustainability
or
Office
means the Office of Sustainability
created in Section 18A-13.
["]Single:family home["]
means a single-family detached or attached
residential building.
["Sustainability Working Group" means the Group defined in Section
18A-13.]
(b)
Before signing a contract for the sale of a single-family home, the seller
must provide the buyer with:
(1 )
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413
414
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422
material approved by the Department that gives information
about home energy efficiency improvements, including the
benefit of conducting a home energy audit; and
(2)
copies of the electric, gas, and home heating oil bills or cost and
usage history for the single-family home for the immediate prior
12 months, unless the single- family home was unoccupied for
the entire prior 12 months. If the seller did not occupy the single­
family home for the entire prior 12 months, the seller must
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BILL
No.
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provide the buyer with the required infonnation for that part of
the prior 12 months, if any, that the seller occupied the single­
family home.
(c)
The Office of Sustainability [Working Group] must evaluate options to
encourage homeowners to conduct a home energy audit, including
whether the County should require a home energy audit to be conducted
before the sale of a single-family home.
Approved:
430
431
Craig
L.
Rice, President, County Council
Date
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433
Approved:
Isiah Leggett, County Executive
Date
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435
This is a correct copy o/Council action.
Linda M. Lauer, Clerk ofthe Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 6-14
Environmental Sustainability
-
Office ofSustainability
-
Established
DESCRIPTION:
PROBLEM:
Would create an Office of Sustainability in the Department of
Environmental Protection.
In 2008, the Council tasked a Sustainability Working Group with the
responsibility of guiding our County's greenhouse gas reduction
implementation. The Working Group has not met or produced
anything in recent years.
To make greenhouse gas reduction policy and its implementation a
fundamental responsibility of County government, with concomitant
accountability.
Department of Environmental Protection, Office of Management and
Budget, County Executive
To be requested.
To be requested.
To be requested.
To be researched.
Amanda Mihill, 240-777-7815
To be researched.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
Not applicable.
F:\LAw\BILLS\1406 Office Of Sustainability\LEGISLATIVE REQUEST REPORT.Doc