AGENDA ITEM 13
February 11,2014
Public Hearing
MEMORANDUM
TO:
Transportation, Infrastructure, Energy and Environment Committee
FROM:
SUBJECT:
. c:Amanda Mihill, Legislative Attorney
~
Michael
Faden, Senior Legislative Attorney
A#
Buildings ­
Public Hearing:
Bill 2-14, Environmental Sustainability -
Benchmarking
Bill 2-14, Environmental Sustainability - Buildings - Benchmarking, sponsored by
Councilmembers Berliner, Floreen, Riemer, Andrews, and Navarro, was introduced on January
28, 2014. A Transportation, Infrastructure, Energy and Environment Committee worksession is
tentatively scheduled for February 26,2014 at 9:30 a.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).
The Fiscal and Economic Impact statement for this Bill will be transmitted after March
17 (see ©24).
This packet contains:
Bill 2-14
Legislative Request Report
Councilmember Berliner Memo
OMB and Finance Memo
F:\LAW\BILLS\1402 Benchmarking\Public Hearing Memo.Doc
Circle
#
1
19
20
24
'"
 PDF to HTML - Convert PDF files to HTML files
Bill No.
2-14
Concerning: Environmental Sustainability
- Buildings - Benchmarking
Revised:
1/16/2014
Draft No._4_
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 owners 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, 18A-36, and 18A-37
Article
6
Sections 18A-38, 18A-37, 18A-38, 18A-39, 18A-40, 18A-41, 18A-42, and 18A-43
Article 7
Sections 18A-44, 18A-45, 18A-46, 18A-47, 18A-48, 18A-49, and 18A-50
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.
Deleted from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
 PDF to HTML - Convert PDF files to HTML files
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
f!
building'S energy consumption data
11
12
13
14
15
16
and other relevant building information for 12 consecutive months, as
required
hy
the benchmarking tool, to quantify the building's energy use.
Benchmarking tool
means the website-based software, commonly known as
ENERGY STAR Portfolio Manager, or any successor system, developed
and maintained
hy
the United States Environmental Protection Agency to
track and assess the relative energy use of buildings nationwide.
Certificate
qf
use and occupancy
means the certificate issued
hy
the Director
17
18
19
that allows
f!
building to be occupied and used.
Covered building
means any Group
1
covered building or Group
~
20
covered
21
22
23
24
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
f!
building without walls;
warehousing;
self storage; or
f!
use classified as manufacturing and industrial or transportation,
25
26
27
ill
ill
.c±l
communication, and utilities.
F:\LAW\BILLS\1402 Benchmarking\BiII 4.Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
28
29
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
score produced
Qy
the benchmarking tool, or any successor score, that
assesses
~
31
32
33
34
35
36
37
building's energy performance compared to similar buildings,
based on source energy use, operating characteristics, and geographic
location.
Energy use intensity
or
EU!
means
~
38
39
40
41
42
numeric value calculated
Qy
the
~
benchmarking tool that represents the energy consumed
Qy
relative to its size.
building
Group
1
covered building
means any building, or any group of buildings that
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
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
43
44
45
46
47
area, as identified
Qy
the Director.
Gross floor area
means the sum of the gross horizontal area of the several
floors of
~
48
49
building or structure measured from the exterior faces of the
~
50
51
52
exterior walls or from the center line of
unenclosed area, such as
~
walls.
~
In
~
covered but
set of gasoline pumps or
drive-through area,
gross floor area means the covered area.
Gross floor area
does not include
any:
basement or
- -
area with a
less than 7
- ­
= = = =
attic
- - - - - ­
headroom
- - - -
feet 6
inches;
53
54
F:\LAw\BILLS\ 1402 8enchmarkingl8i114.Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
55
56
57
58
(hl
area devoted to unenclosed mechanical, heating, air conditioning, or
ventilating equipment;
(£1
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
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.
64
65
66
Reported benchmarking information
includes the building
identification number, address, gross floor area, energy performance score,
energy use intensity, and annual greenhouse gas emissions.
67
68
69
Residential occupancy
means the occupancy of dwelling units
building that includes one or more dwellings.
18A-39.
Energy
~
benchmarking.
In
any
70
71
ill
Group
1
covered buildings.
No later than June .L. 2014, and every
June
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.
72
73
74
75
76
77
78
79
80
81
(hl
Group
£
covered buildings.
No later than June .L. 2015, and no later
than June 1st each year thereafter, the owner of any Group
2.
covered
F:\LAW\BILLS\1402 Benchmarking\BiII4.Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
82
83
building must benchmark the building for the previous calendar year.
However, the owner of any Group
~
covered building with 10% or
84
85
86
87
88
89
more residential occupancy must benchmark the building for the
previous calendar year no later than June
June 1st each year thereafter.
L
2016, and no later than
The owner must report the
benchmarking information to the Department no later than July
1
each
year.
W
Retention
gf
information.
The owner of any covered building must
90
91
92
93
retain all information tracked and input into the benchmarking tool for
at least three 3years after the date benchmarking was required.
@
Waiver.
The Director may waive the requirements of this Section if
the owner of
.f!
covered building documents, in
.f!
form required
Qy
regulation, that the building:
94
95
ill
is in financial distress, defined as
.f!
building that:
fA}
96
97
98
99
is the subject of
.f!
tax lien sale or public auction due to
property tax arrearages;
an
©
ill
is controlled
Qy
~
court appointed receiver; or
was recently acquired
Qy
~
deed in lieu of foreclosure;
100
101
102
103
had average physical occupancy of less than
50%
throughout
the calendar year for which benchmarking is required; or
ill
is new construction and received its certificate of use and
occupancy during the calendar year for which benchmarking is
required.
104
105
18A-40.
Data Verification.
106
107
108
W
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
F:\LAW\BILLS\1402 Benchmarking\BiIl 4.Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
109
110
111
112
113
that reported benchmarking information for that year is verified
!2y
.§!:
licensed professional. The verification must be
.§!:
stamped and signed
statement
!2y
f!
licensed professional attesting to the accuracy of the
information. If the Director requests, the owner of
f!
covered building
must produce the statement available for the most recent year in
which verification was required.
(Q)
114
115
Waiver.
The Director may waive the requirements of this Section if
116
117
118
119
the owner shows that compliance with this Section will cause undue
financial hardship.
If
f!
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
W
Solicitation
91
information .from
tenant.
An owner of
f!
covered
building must request relevant information from any tenant in
f!
covered building no later than March
1
of each year in which
124
125
benchmarking is required
!2y
Section 18A-39. If the owner receives
notice that
f!
tenant intends to vacate
f!
unit which is subject to this
Section, the owner must request the information within
lQ
days after
receiving the notice to vacate.
(Q)
126
127
128
129
Tenant response.
Within 30 days after recelvmg
f!
request for
information from the building owner, each tenant of
f!
unit in
f!
covered building must provide the building owner with all
information that the owner cannot otherwise acquire that is necessary
to comply with this Article.
(£)
130
131
132
133
134
135
Failure
91
tenant to provide information.
ill
If any tenant does not provide the information required under
this Section to the owner of
f!
covered building, that fact does
F:\LAW\BILLS\1402 Benchmarking\BiII4.Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
136
137
138
139
not relieve the owner of the obligation to benchmark the
building under Section 18A-39, using all information otherwise
available to the
=-.:...:c...=..:..::;=-:.
_ _
owner.
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:
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
®
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.
18A-42.
Annual report; disclosure of benchmarking information.
ill
Annual report required.
By October
1
of each year, the Director must
submit
£!
benchmarking report to the County Executive and County
Council. The report must review and evaluate energy efficiency in
covered buildings, including:
ill
ill
(b)
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.
Disclosure
r2f
benchmarking information.
The Director must make
reported benchmarking information readily available to the public to
the extent allowed under state law.
W
Exceptions to disclosure.
To the extent allowable under state law, the
Director must not make the following readily available to the public:
F:\LA W\B1LLS\ 1402 Benchmarking\Bill 4. Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
162
163
164
165
166
ill
individually-attributable
reported
benchmarking
information from the first calendar year that!! covered building
is required to benchmark; and
ill
any
individually-attributable
reported
benchmarking
information relating to !! covered building that contains !! 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
adjustments, the Director must report this data in the annual
report.
174
175
18A-43.
Re2ulations; penalties.
The County Executive may issue Method
ill
regulations to administer
this Article.
ill
176
177
ru
18A-44.
Any violation of this Article is !! Class A violation.
178
179
180
Article 7. Energy Audits and Retro-Commissioning of Base Building Systems.
Definitions.
In this Article, the following words have the meanings indicated:
ASHRAE
means the American Society of Heating, Refrigerating and Air­
181
182
183
conditioning Engineers, Inc.
Base building system
means each system or subsystem of !! building that
uses energy or impacts energy consumption, including:
184
185
186
187
188
ill
ill
the building envelope;
any heating, ventilating, and air conditioning (HVAC) system;
any conveying system;
any domestic hot water system; and
F:\LAW\BILLS\1402 Benchmarking\BiIl4.Doc
ill
ill
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
189
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
!2y
~
tenant (other than
~
191
192
193
194
195
196
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
199
200
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
!2y
the County and
201
202
for which the County regularly
Pill
all or part of the energy bills.
Covered building
means
203
204
205
206
207
ill
ill
ill
1
building that exceeds 50,000 gross square feet;
2.
or more buildings on the same tax identification number that
together exceed 100,000 gross square feet; or
2.
or more buildings held in the condominium form of ownership that
are governed
Qy
the same board of managers and that together exceed
208
209
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
~
210
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.
F:\LAw\BILLS\1402 Bcnchmarking\BiII4.00c
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
216
217
218
219
220
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.
221
222
Energy auditor
means an individual the Department authorizes to perform
energy audits and certify audit reports required
Qy
this Article.
223
224
225
226
Energy management system
means
temperature sensors and
~
~
system incorporating interior
central processing unit and controls, which are
~
used to monitor and control electricity,
applicable, based on the need for heating.
steam, and oil usage, as
227
228
229
230
231
232
233
234
Energy efficiency report
means the report required under Section 18A-47.
Financial hardship
Q[
f!.
building
means
~
building that:
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
235
236
237
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.
238
239
240
LEED
refers to the series of Leadership in Energy and Environmental
Design (LEED) rating systems developed
Qy
the Green Building Council.
Owner
means:
241
ill
the owner of record of
~
covered building;
F:\LAw\BILLS\l402 Benchmarking\BiIl4.Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
242
243
244
245
246
ill
ill
the net lessee in the case of
f!
net lease of an entire building for
f!
term
of 49 years or more, including any renewal option;
the board of directors or similar body if the covered building is
f!
cooperative apartment or condominium corporation.
Registered design professional
has the meaning in the latest version of the
247
248
249
ICC International Building Code or another building code that the County
adopts.
Retro-commissioning
means
f!
systematic process applied to an existing
250
251
252
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
253
254
255
savings to equal the amount invested in an energy conservation measure, as
determined
Qy
dividing the investment
Qy
the annual energy savings.
Space
means an area in
f!
building enclosed
Qy
floor to ceiling walls,
256
257
258
259
partitions, windows and doors.
18A-45.
(f!l
Energy audits required.
Audit required.
The owner must assure that an energy audit is
260
261
262
263
264
265
266
267
268
performed on the base building systems of
f!
covered building before
filing an energy efficiency report required
Qy
this Article. Except as
otherwise provided in Section 18A-49, an energy audit must be
performed
Qy
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
F:\LAW\B1LLS\l402 Bcnchmarking\BilI 4.00c
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
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;
ill
~
break-down of energy usage
Qy
system and predicted energy
savings
Qy
system
after
any
proposed
measures
are
implemented; and
ill
~
general assessment of how the malor energy consummg
equipment and systems used in tenant spaces impact the energy
consumption of the base building systems, based on
representative sample of spaces.
(hl
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
ill
Qualifications
gf
auditor.
An energy auditor must be
~
registered
design professional with any other certification or qualification the
Director finds appropriate.
@
Contents
gfaudit
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
~
F:\LAW\BILLS\1402 Benchmarking\Bill 4.Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
296
297
298
299
~
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
gf
energy audit.
Except as otherwise provided in Section 18A­
49, the energy audit must be completed no earlier than
1
years before
the date when
~
covered building's energy efficiency report is filed
under this Article.
(g)
Exceptions.
An energy audit is not required if
~
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
2.
of the
J.
years before the building's energy efficiency
report is filed.
ill
No EPA Energy Star rating is available for the building
.!Yllih
and
~
311
312
313
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
~
2-year
period during the
314
315
316
317
318
319
320
321
322
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 Council or other rating system or methodology for
existing buildings, as determined
Qy
the Department.
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,
F:\LAW\BILLS\1402 Benchmarking\Bi1I4.Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
within
1
years before the building's energy efficiency report is
filed.
18A-46.
Retro-commissioning required.
Retro-commissioning required.
The owner of
f!
covered building must
!ill
assure that retro-commissioning is performed on the base building
system of
f!
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
f!
retro-commissioning agent, as required
Qy
applicable
regulations issued under subsection
ili1
(Q)
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.
(£l
Contents
Q[
retro-commissioning report.
The retro-commissioning
agent must prepare and certify
f!
retro-commissioning report. Each
retro-commissioning report must include information relating to the
retro-commissioning as specified in applicable regulations.
@
Timing
Q[
retro-commissioning
Except as otherwise provided
In
Section 18A-49, each Tetro-commissioning must be completed no
earlier than
1
years before
f!
covered building'S energy efficiency
report is filed with the Department under this Article.
ill
Documentation
Q[
retro-commissioning.
The owner must maintain
f!
f.QnY
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
F:\LAW\BILLS\1402 Benchmarking\Bill 4.Doc
 PDF to HTML - Convert PDF files to HTML files
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
J.
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.
ru
Content gfreport.
Except as otherwise provided in Section 18A-49,
each energy efficiency report must include, in !! format approved
Qy
the Department:
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
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,
illustrated in the following chart:
369
370
371
F:\LAW\B[LLS\1402 Benchmarking\BiII4.Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
372
Last
Q
1
2
1
1
5
Q
1
~
2
digit of
12ro12erty
ID
number
Year
first
EER
-
IS
due
L..-........... ".
.~
2020
--
2021 2022 2023
- -
2015 2016 2017 2018 2019
2024
_
~
_ ___
..
-
---- - -
----
-------
---
-'- -'-
_
....
~-
-.---
--
.....•
.
<
••
«--<._­
--.-.--------~
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
@
Deferral
qf
energy efficiency report.
An owner of
£!
covered building
may defer submitting an energy efficiency re120rt 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 12rofessional, within
lQ
years before the
calendar year when an energy efficiency re120rt is due, if at the
beginning of the calendar year the base building systems of the
building com12ly 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.
W
Exceptions.
ill
The Director may allow an extension of time to file an energy
efficiency re120rt if the building's owner shows that, des12ite the
owner's good faith efforts, the owner could not complete the
F:\LAw\B1LLS\14Q2 Benchmarking\BiIl 4.Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
required energy audit and retro-commissioning before the due
date for the report. The Director may allow no more than
extensions of no more than one year each.
2.
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)
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.
18A-48.
Notice.
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.
18A-50.
Regulations; penalties.
F:\LAW\BILLS\1402 Benchmarking\Bill 4.Doc
 PDF to HTML - Convert PDF files to HTML files
Bill No. 2-14
417
418
419
ill
The County Executive may issue Method
this Article.
m
regulations to administer
®
Approved:
Any violation of this Article is
~
Class A violation.
420
421
422
423
424
Craig L. Rice, President, County Council
Approved:
Date
425
426
427
Isiah Leggett, County Executive
This is a correct copy ofCouncil action.
Date
428
429
430
431
Linda M. Lauer, Clerk ofthe Council
Date
F:\LAw\BILLS\1402 Benchmarking\BilI 4.Doc
 PDF to HTML - Convert PDF files to HTML files
LEGISLATIVE REQUEST REPORT
Bi1l2-14
Environmental Sustainability
DESCRIPTION:
Buildings
-
Benchmarking
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:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Class A.
F:\LAW\B1LLS\1402 Benchmarking\LEGlSLATIVE REQUEST REPORT. Doc
 PDF to HTML - Convert PDF files to HTML files
MONTGOMERY COUNTY COUNCIL
R:Ot'KvtttlL
M.A:R
Yl.A!H!
ROllER BERLINER
C('HJNCltMEMlHil~
[)f'i'TRH::T I
CHAIRMAN
TRANSPORTATION.
1
NFR ASTR IX'TIJRE
E.NEf<GY
&:
ENVIRONMENT COMMliTEE
January
14,2014
Dear Colleagues,.
Next week I \\111 be intrOducing a package of 13 energy/environmentalmeasures
that are designed to ensure that Montgomery County remains at the sustainability
forefront.
1
would
bepleaseillo
bave you cosponsor some or
all
of
these
measures.
These
measures
focus
on
renewable energy,
energy efficiency,transportation,
and
government
accountability.
I have
attaclk"Xi
a
fact
sheet
that gives
a
f:,rief
description
of
each
oflhem~
and ofa>Ufse would be happy to
discuss
any
of them in
greater
detail
should you have
questions.
I
was
inspired
by
our Council's
decision to
assert
iUl
leadership in the
conte-xl
of
reducing the gap in income disparities
by
pa.<tSlng a local minimum wage iaw. I
think
aU
of us appreciate that the federal government has b\."C()me
so
dysfunctional that we can
expect little progress
on many
of
the. issues we care deeply about Indeed, Bruce Katz
of
Brookings recently described the federal government as a '1argcbealth
insurance .
company with auanny." Ris thesis,
whi~h
I
share.
is
that
tmf
gm'emillg
paradigm has
shifted
from atop down Jed by the federal government
10a
bottom
up Jed
by
local
governments like ours,
1
say
aU
of
this
because
we need to do more
if
we are
to
address
climate
change.
It
is
oirvitmsly
nol
a
hoax
and
We
know what we need to do to address
it.
We need to use
less energy and cleaner energy, Period. This package of bills
is
b\k"en in
mallY
instances
from what other
leadingjurisdictiClos
ate
doing- from
Chicago
to
Seattle
to
California
and New York
states.
They
are a mix
of
leJ1ding
by example,
te\\larding
green
businesses,supponing market forces,
adopting
lUore
exat.1ing standards,
and
holding oUr
counlygovemmem
accountability.
Holding
ourselves accountable is
important
When the Council passed a.similar
package
in2008~
\l.'e
tasked aSustainabiUty Working Group with the principle
responsibility for guiding our County to acbieve our fonnal
goal
of
reducing
greenhouse
gas emissions
by SO
percent
by 2050.
Iris time now to make this a core govemrncnt
STEllA 6. WERNER
omCEBulLOiN~
, 100
MAAyt.AND
AVENUE, 6
W
FLOOR,
~!,lE,
MARvl..ANO
20SS0
24()..777-7828
QQ
2,40-777-7900,
TIY 240..
77/-7914,
FAX24(H77-7989
WW'i~;MOmGOMERYCOUNTYMO,r;ov
2(J
 PDF to HTML - Convert PDF files to HTML files
responsihility, and this
pacbge.indudes
a measure
that ,..'ill
create
anOffl~
of
Sustainability within DEI' wbose
principal
responsibility will
be
to
monitor how we are
dQing
and
to help
develop
the
policies and
practices thtit
",ill
get us to 'where we need
to
be.
.
I hope you will join me in mal(ing sure Montgomery County
purnishes
its
reputation as a community that embraces sustainabiiity at
our elite.
Sincerely.
 PDF to HTML - Convert PDF files to HTML files
FACT SHEET ON
COUNCILMEMBER
BERLINER'S
13 ENERGY/ENVIRONMENT LEGISLATIVE INITIATIVES
Coundlmember Roger Berliner (D4), Chair ofthe Montgomery County Transportation,
Infrastructure, Energy
&.
Environment Committee,
will
be introducing 13 enerm'!environrnental
measures
on
January
21. The
measures
are
designed to underscore
and
support the CQunty's
commitment to sustainabifity and wO.uld (1). promote increased energy efflciency;{2) increase. use of
renewable
ener~y;
(3)
decreaseconsumptioo of
gasoline and support
electric vehicles;
and (4) create
more accountability and responsibility within County government for achieving the County's goa! of
redudnggreenheuse gas emissiens
80% by 2050.
Below is
a
brief description of each of
these
measures:
Renewable
Energy
• Renewable
Energy Purdlasing-50%
RenewablesbV2015;lOO%
by 2020-
Tqday the
County purchases approximately 30% of
its
energy
from
renewable energy resources,
Washington,
DC;
Austin,
le?<~s;
and
Pordand~
Oregon are already at 100% renewable
energy.
• Renewables Onsite - This bill. modeled after a recently passed law in prince George's
County{ would require new or
ex\ensively
remodeled county buildings{ to generate atleast
1 kilowatt of renewable energy for
every 1,000
square feet of floor area.
• Greentaping Solar· Two of the Impediments to increased
solar
utirizatlon are the
testand
time invO.lved tn getting permits. This
measure,
patterned
after
a successful program in
Chicago,
requires our Department of
Permitting
Services
to'
devise.
an
expedited and
less
costly
process for SOlar related permits.
w
• Solar
Zoning Accommodation- Current
set
back requirements limit the use
of solar in
residential dwellings.
This
.ZTA would modestlv amend. our zoning laws to
permit selar
to
extend 2
feet into
the
side
or
rear setback.
Enemy Efficiency
Benchmarking Buildings - This legislation, modeled
after
laws in New
York~
Chicage
J
and
the
District
ef
Columbia, would require building owners to measure
the
energy efficiency
of
their
bUildings,
make
that
information public, and
perfodlcaHy
commit to. ensuring
that their
energy efficiency equipmenti! working
properly.
It is designed
to'
w.ork
with
the recently
passed
PACE program to t:reate market based incentives for building owners to
ihtreas.e
the
effidencvof their
buildings.
Information provided would aid tenants
in
forecasting future
utility
costs.
• Silver
lEED
fer
New Buildings- Current county law requires new commerCial buildings to be
LEED
certified, while county
buildings
must
meet the
more
environmenta
Hy
stringent Si.Jver
standard. This bill would require all new commercial buildings to meet Silver LEED.
@
 PDF to HTML - Convert PDF files to HTML files
II
Cost
of Carbon -- The use of
conventional fuels, particularly toal,
extracts a cost on society
that is
not reffected
in
its price.
These "external"costsshoulcj
be
fac;tored.
into
the.
cost/benefit calculationS
that the county
ut,nzeswhen
it asse$sesthe potential for energy
effidencyimprQvements. This biHwbuld require
the
County to use
EPAis
"sodal cost
carbon"
calcula:tion or
a
comparable
methodology for thQse purposes,
0.'
• bE!)
Street
lighting
-~
ltis generally recognized that LED lighting is far
more
energy
efficient
and
requires
far
lessmainterl<mce,
This
bUl
would
require DOT,
upon
the expiration
of
its
current
contract
for
street lighting,
to contract with antED company.
Transportation
• EV
Infrastructure - ElectricVehicles
will
only
become mainstream
when
there
are
st,.iffident
charging
5tatlo05to
inspire
confidence in
the
public Californi;l
recentlypCl$s~d
legislatioh
requiring
aJinew buildings over a
certain
size to be
dEV
readv."
This
ZTA liJould
require
all
newbl.lildiogs to install 1 EV
charging statfonfor
every
50
parking spaces.
• Greentaping
EVstations
-.Just as in solar
installations,
EVchargil1g
stations
canbesubjectto
a lengthy and costly
permitting
process.
This
bm
would
require
DP$ to
institute
an
expedited and
less
costly
permitting
process.
• Teleworking - Teleworkingis becoming far motetorliinon
andaccepted,Qtner
jurisdiCtions,
intruding
Fairf'ax,l"IavernadesignifiCantly
more
progreSs in estabtrshing
teleworldng goals130dmeeting them.
This
legislation would require
the
cO\jnty Exetutive to
pubJisbregulations
thatsefforth
a definitiveteleworldng
poHcyand
a requirement to
designate a telecommuting manager.
Government Incentives
.&
Accountability
• Create an
Office
of
SustainabilitYwithin
DEP
-Thisbil(
would
create
3.
new Office of
Sustainability
within
DEP.
When
the
COtJncil passed
legislatio.n:
in
2008,lt
tasked
a
$ustainability Wo.rking
Group with
the
responsibility of
guiding our
CauoWs
greennou?e
ga$
reduction implementation. It
is.
now time .to make this
afundarnental responsibility
of
tM
county government and to. ho.ld ourselVes
accountable.
• COunty Green
Certified Businesses - The Co.unty
h.as
treated
a
program
whereby
a
iocal
business can
be
"gre{!o
certifled
l }
byadopUnggood
sustainable
practiCes.
This bill taUs
upon
the
CountY Executive to
issue regolations
that
would give
a preference in contracting
to
local.businesses that
are
green certified.
@
 PDF to HTML - Convert PDF files to HTML files
ROCKViLLE, .MARYIAND
MEMORANDUM
February 5, 2014
TO;
Craig Rice,
FROM:
hes,
Joseph F.
BtHC
1,
D'
Jennifer
A.
Ice
of Managemell1 and Budget
o
partment of Finance
SUBJECTS:
Bill 2-14, Environrriefltul Sustainability - Buildings ..· Benchmarking
Bill 3-14, Buildings Energy Efticiency Energy Standards
Bill 4-14, Street and Roads .... County Street Lights
Bi1IS-14.
Environmental Sustainahility·· Social Cost of Carbon Assessments
Bill 6-14, Environmelllal SustainabiIity - Office of Sustainability - Established
Bill 7-14,
Contracts
and
Procurement Certified Green Business Program
Bill 8-14, Buildings -
COUllty
Buildings···· Clean Energy Renewable Tcchnoiogy
Bill 9-14, Environmental Sustainability Rene\vable Energy County Purchase
BiLl 10-14, Buildings·- Solar Pen-nits Expedited Review
Bill 11-14, Buildings . .
Elcctlic
Vehicle Charging Station Permits "" Expedited
Review
As required by Section 2-811\ of the County Code, we arc infi)rming you that transmittal of
the fiscal and econmnic impact statements for the above referenced legislation will be delayed
because more time is needed to coordinate with the
affected departments, collecl
informatioll, and
complete
our analysis of the Hsca! and economic impacts. While
\Ve an: 110t
able to conduct the
required detailed analyses at this time,
it
is clear that a number of these bills could have significant
fiscal impacts.
Due to this
year's heavy
workload on Executive branch staff in developing both a full capital
budget
and an operating budget, the fiscal and economic statements
will
be transmitted
after March
17,2014.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices of
the
County
Executive
Joy Nunnl, Special
Assistant
to the County
E.\ccutive
Patrick Lacefield,
Director, Public
Information
Office
Marc P. Hansen, Office of thlb County Attorney
Robert Hagedoorn,
Department of Finance
David Platt. Department of Finance
Alex Espinosa, Office of Management and Budget
Mary
Beck, Office of Management
cmd
Budget
NaeemMia, Office of Management and Budget
Felicia Zhang, Office of Management and Budget