Bill No.
8-14
Concerning: Buildings
County
Buildings - Clean Energy Renewable
Technology
Revised: 313112014
Draft No. 2
Introduced:
January 28.2014
Enacted:
June 10.2014
Executive:
June 17. 2014
Effective:
September 16. 2014
Sunset Date:
-=No=n~e,::-----::-
_ _ __
ChI
~,
Laws
of Mont Co.
2014
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Berliner, Floreen, Riemer, EIrich, Andrews, and Navarro
AN
ACT
to:
[[require use of
certain
clean energy renewable tecbnology
in
the construction or
extensive modification ofcertain County buildings;
(2)
require the Director of the Department of General Services
to
conduct
a
clean
renewable energy tecbnology project feasibility assessment on
certain
County
buildings]] establish a County Clean Energy Plan
and
clean energy
portfolio target
!2l
require the County Executive
to
issue
regulations
to
define the Plan and target;
.Ql
require the Director of the Department of General Services
to
report on
the
progreSS
ofthe Clean Energy
Pl~
and
[[(2)]]
ill
generally amend County law regarding building, energy, and environmental
policy.
(1)
By
adding
Montgomery County Code
Chapter
8
, Buildings
Article VITI, Clean Renewable Energy Technology
Sections 8-54. 8-55, 8-56. 8-57[[. 8-58]]
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
1'<
1'<
1'<
Heading or defined term.
Added to existing law
by
original hill.
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:
 PDF to HTML - Convert PDF files to HTML files
Bill No. 8-14
1
Sec. 1. Article VITI (Sections 8-54, 8-55, 8-56,8-57[[,8-58]]) is added to
Chapter 8 as follows:
Article VITI. Clean Renewable Energy Technology.
8-54. Definitions.
In
this Article. the following words have the meanings indicated:
Clean energY {lortfolio target
means a target. expressed in megawatt hour
equivalents; for establishing an amount of clean energy to be installed on the
County's portfolio of facilities.
The County's portfolio includes any
2
3
4
5
6
7
8
9
10
11
building. facility. or property in which the County has a financial interest. A
[mandal interest includes any ownership. lease. or public private
partnership. and any facility where the County provides 30% of total
funding.
12
13
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
14
15
16
technology
includes passive solar energy generation that reduces energy use
from other sources
2Y
at least 20%.
17
18
[[Cost e{fective
means where the cost of installing clean renewable energy
technology on
~
19
20
covered County building is not projected to exceed the
projected cost savings of the installation within the first
li
years after the
installation ofthe technology begins.]]
[[
County building
means any building for which the County government
21
22
23
24
[mances at least 30% of the cost of:
25
ill
ill
construction, for
~
newly constructed building; or
modification, for
~
building that is extensively modified.]]
~
26
27
28
[[Covered County building
means
modified County building.]]
newly constructed or extensively
Department
means the Department of General Services.
2
 PDF to HTML - Convert PDF files to HTML files
Bill No.
8~14
29
30
31
Director
means the Director ofthe Department or the Director's designee.
[[Extensively modify or modified
refers to any structural modification which
alters more
than
50% of .i! building'S gross floor area, as shown on an
application for.i! building permit.]]
[[Projected total cost
means the estimated cost required to construct or
32
33
34
35
36
renovate .i! building, including any building system, interior finish, site
infrastructure, connection to any existing utility, landscaping, and sidewalk
and parking lot built for the immediate use of occupants ofthe building.]]
8-55. Clean energy renewable technology reguired.
37
38
39
40
41
[[W
Any contract to build or extensively modify .i! County building must
require the use of clean renewable energy technology.
provided
in
subsection
[[{Jill]
have installed at least
Except as
!£1.
.i!
covered County building must
1
kilowatt of clean renewable energy
This
42
43
technology for every 1,000 square feet of gross floor area.
requirement may be met
Qy
using ground mounted clean renewable
energy technology on or directly adjacent to the building lot.
(hl
Each appropriation to build or extensively modify .i! County building
must include an additional amount of 2% to the projected total cost
funded
Qy
the County, as shown in the project description form,
subiect to subsection
~
(£)
44
45
46
47
48
49
50
51
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 [[W]] (Q1 the initial cost of the installation
must not exceed 4% ofthe projected total cost.]]
52
53
54
3
 PDF to HTML - Convert PDF files to HTML files
Bill No. 8-14
55
56
57
W
By [6 months after date of enactment], the County Executive must
establish. by Method 1 Regulation. a Clean Energy Plan that includes
a specific amount of on-site clean energy that must be installed on any
new or existing County facility, This Plan must include:
58
59
ill
a clean energy portfolio target for total clean energy to be
installed on County facilities. which must exceed 1 kilowatt per
1.000 square feet of facilities anticipated to be added to the
County's portfolio
as
documented in the Capital Improvement
Program:
60
61
62
63
64
al
a process for vetting any new facility for potential renewable
energy installation during the design phase. including key
criteria for evaluating opportunities for solar energy:
65
66
67
m
ill
~
a plan to ensure that appropriate facilities are solar ready. to the
extent possible:
criteria for responsible site selection to balance the County's
renewable energy goals with other environmental objectives:
a process to coordinate with County agencies on any new
facility built using at least 30% county funds: and
68
69
70
71
72
73
74
75
76
77
78
!Ql
(h)
required funding and staffmg to achieve the target.
The County may install a clean energy system in an alternate location
in the County to meet this requirement. including:
ill
al
a vacant property:
a land swap or lease agreement: or
any other property or facility where the County has a
contractual. budgetary. or other interest.
m
!£)
79
80
81
The Executive must recommend to the Council whether funds to
support solar energy should be incorporated in a energy specific
4
 PDF to HTML - Convert PDF files to HTML files
Bill No. 8-14
82
capital improvement budget. utility Non Departmental Account. or
other mechanism to overcome any funding gap to meet the renewable
energy target.
[[8-56. Project feasibility assessment.
83
84
85
86
87
88
89
90
.cru
The Director must perform
~
feasibility assessment to find whether
~
covered County building can be retrofitted cost effectively to include
clean renewable energy technology. The Director may consider other
factors, including:
91
92
93
94
95
96
97
98
99
ill
ill
ill
ill
ill
®
the cost to the County;
any safety or security issue;
any cost savings from the installation;
any clean energy job creation;
the clean renewable energy technology capacity of the building;
environmental benefits;
the technological feasibility of
~
retrofit; and
applicable zoning requirements.
m
00
@
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.]]
100
101
102
103
104
105
106
107
108
8-[~] ~.
Alternative financing.
An
alternative financing arrangement which allows leveraging of
.cru
federal, state, utility, and other incentives, including any grant, lease­
purchase agreement, power purchase agreement. or energy savings
5
 PDF to HTML - Convert PDF files to HTML files
Bill No. 8-l4
109
110
111
112
113
114
115
116
117
118
119
120
performance contract, may meet the clean renewable energy
technology requirement under this Article.
!!ll
8-[[58]]
The purchase of Renewable Energy Credits does not meet the clean
renewable energy technology requirement under this Article.
a
Administration; reporting.
The Department must administer this Article using accepted principles
of sound accounting and fiscal management.
W
[[(hl]]
au
The Department must submit an annual report to the
Council and County Executive
.Qy
April
1
each year describing:
County
ill
the added clean renewable energy technology generation
Qy
each project;
121
122
123
124
ill
ill
ill
the revenues and expenditures of each project;
each proj ect supported
.Qy
the Program; and
[[the annual savings to the County's utility costs from each
supported project]] the cost and energy savings resulting from
the program.
125
126
127
128
[[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.]]
6
 PDF to HTML - Convert PDF files to HTML files
Bill No.
8~
14
129
130
131
132
133
134
135
136
137
138
139
140
Approved:
Approved:
coogL.~~~
0
'b
O
(,~
Date
~Date'
~~
Isiah Leggett,
ecutive
~ l~cJoi'f
This is a correct copy o/Council action.
LindaM. Lauer, Clerk ofthe Council
~7h.
~
~ l~zl?l1=
Date
7