AGENDA ITEM #5G
January 28,2014
Introduction
MEMORANDUM
TO:
County Council
FROM:
~Amanda
Mihill, Legislative Attorney
ufnic)M1iUJ
\'-"'Michael Faden, Senior Legislative Attorney
SUBJECT:
Introduction:
Bill 8-14, Buildings
Renewable Technology
County Buildings
Clean Energy
Bill 8-14, Buildings - County Buildings - Clean Energy Renewable Technology,
sponsored by Councilmembers Berliner, Floreen, Riemer, Eirich, 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
8-14 would require new or extensively remodeled county buildings, to generate at
least 1 kilowatt of renewable energy for every 1,000 square feet of floor area. Current County
law does not set specific standards for the use of renewable technology in County buildings.
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:
Bill 8-14
Legislative Request Report
Circle #
1
6
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Bill No.
8-14
Coo~
Cooc~~:~~~s
Buildings - Clean Energy Renewable
Technology
Revised:
12/12/2013
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 MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Berliner, Floreen, Riemer, Eirich, Andrews, and Navarro
AN
ACT to:
(1)
(2)
(2)
require use of certain clean energy renewable teclmology in the construction or
extensive modification of certain County buildings;
require the Director of the Department of General Services to conduct a clean
renewable energy teclmology project feasibility assessment on certain County
buildings; and
generally amend County law regarding building, energy, and environmental policy.
By adding
Montgomery County Code
Chapter 8, Buildings
Article VIII, Clean Renewable Energy Teclmology
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 unaffected
by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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Bill No. 8-14
1
Sec.
1.
Article VIII (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.
2
3
4
5
In this Article, the following words have the meanings indicated:
Clean renewable energy technology
means
£
technology or system that uses
geothermal heating and cooling, solar hot water heating, wind power, solar
electricity generation, or solar thermal generation.
Clean renewable energy
technology
includes passive solar energy generation that reduces energy use
from other sources
Qy
at least20%.
Cost effective
means where the cost of installing clean renewable energy
technology on
£
covered County building is not projected to exceed the
projected cost savings of the installation within the first
12
years after the
installation of the technology begins.
County building
means any building for which the County government
finances at least 30% of the cost of:
6
7
8
9
10
11
12
13
14
15
16
17
18
ill
ill
construction, for
£
newly constructed building; or
modification, for
£
building that is extensively modified.
~
19
20
Covered County building
means
modified County building.
newly constructed or extensively
21
22
23
Department
means the Department of General Services.
Director
means the Director of the Department or the Director's designee.
Extensively modify or modified
refers to any structural modification which
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
renovate
£
building, including any building system, interior finish, site
24
25
26
27
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Bill No. 8-14
28
infrastructure, connection to any existing utility, landscaping, and sidewalk
and parking lot built for the immediate use of occupants of the building.
29
30
31
8-55. Clean energy renewable technology required.
ill
Any contract to build or extensively modify
f!
County building must
require the use of clean renewable energy technology.
Except as
32
33
34
35
provided in subsection (Q1
f!
covered County building must have
installed at least
1
kilowatt of clean renewable energy technology for
every 1,000 square feet of gross floor area. This requirement may be
met
!2y
using ground mounted clean renewable energy technology on
or directly adjacent to the building lot.
36
37
38
39
(hl
Each appropriation to build or extensively modify
f!
County building
must include an additional amount of 2% to the projected total cost
funded
!2y
the County, as shown in the project description form,
subject to subsection
(£1
40
41
42
!.£2
The Director must limit the size of the clean renewable energy
technology installation if the initial cost of the installation is projected
to exceed 2% of the projected total cost of the new building or
renovation.
However, if the Director transfers expenditures to the
project under subsection
hl
the initial cost of the installation must not
exceed 4% of the projected total cost.
43
44
45
46
47
48
8-56. Project feasibility assessment.
49
50
51
52
53
54
ill
The Director must perform
f!
feasibility assessment to find whether
f!
covered County building can be retrofitted cost effectively to include
clean renewable energy technology. The Director may consider other
factors, including:
ill
ill
the cost to the County;
any safety or security issue;
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Bill No. 8-14
55
56
57
58
59
60
ill
ill
ill
®
ill
®
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.
61
62
63
®
If the Director finds that installing clean renewable energy technology
on
£!
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
Qy
resolution.
64
65
66
67
68
69
70
71
72
8-57. 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 agreement, or energy savings
performance contract, may meet the clean renewable energy
technology requirement under this Article.
73
74
(hl
The purchase of Renewable Energy Credits does not meet the clean
renewable energy technology requirement under this Article.
75
76
8-58. Administration; reporting.
77
78
79
ill
ill
The Department must administer this Article using accepted principles
of sound accounting and fiscal management.
The Department must submit an annual report to the County Council
and County Executive
Qy
April
1
each year describing:
80
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Bill No. 8-14
81
ill
the added clean renewable energy technology generation
Qy
each project;
82
83
84
85
86
ill
ill
{±)
the revenues and expenditures of each project;
each project supported
Qy
the Program; and
the annual savings to the County's utility costs from each
supported project.
87
88
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.
Approved:
89
90
91
92
93
94
Craig
L.
Rice, President, County Council
Approved:
Date
95
96
97
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
98
99
100
101
Linda M. Lauer, Clerk ofthe Council
Date
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LEGISLATIVE REQUEST REPORT
Buildings
DESCRIPTION:
Bill 8-14
County Buildings
-
Clean Energy Renewable Technology
Would require new or extensively remodeled county buildings, to
generate at least 1 kilowatt of renewable energy for every 1,000
square feet of floor area.
Current County law does not set specific standards for the use of
renewable technology in County buildings!
To achieve greater use of clean renewable technology in the
construction or extensive modification ofCounty buildings.
Department of General Services, Office of Management and Budget
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:
EXPERIEN CE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITIDN
MUNICIPALITIES:
PENALTIES:
Not applicable.
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