Bill No.
35-15
Concerning: Environmental Sustainability
- Benchmarking - Amendments
Revised: 11/17/2015
Draft No._3_
Introduced:
September 15. 2015
Enacted:
November 17. 2015
Executive: - - - - - - - - -
Effective: - - - - - - - - -
Sunset Date: """"N'"'""o""'"n=e_ _ _ _ __
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the Request of the County Executive
AN ACT
to:
(1)
(2)
(3)
(4)
(5)
add an intent section of the law;
amend certain definitions;
provide for certain alternative paths to verification;
alter the private sector building group deadlines; and
generally amend County law regarding energy efficiency and environmental
sustainability.
By
amending
Montgomery County Code
Chapter l 8A, Environmental Sustainability
Sections 18A-38, 18A-39, 18A-40, and 18A-42
By
adding
Chapter l 8A, Environmental Sustainability
Section 18A-38A
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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 unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 35-15
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Sec. 1. Chapter 18A is amended
by
amending Sections lSA-38, 18A-39,
lSA-40, and 18A-42 and adding Section 18A-38A as follows:
18A-38A.
Intent.
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The intent of this Article is to:
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implement recommendations of the 2009 Climate Protection Plan
(EEC-2), 2013 Commercial Building Energy Efficiency study (Chapter
3.2), and support efforts of the· Office of Sustainability to increase
energy efficiency and reduce greenhouse gas emissions in the private
sector and County buildings;
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engage the commercial building sector with building energy
information crucial to adopting energy conservation and efficiency
opportunities;
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spur market transformation
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making building performance
transparent for the building and tenant market, allowing more accurate
evaluation of energy costs and creating
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competitive market for energy
efficient buildings;
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strengthen the local economy
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encouraging more efficient business
operations and providing new opportunities for local businesses that
provide energy conservation and efficiency services; and
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recognize building owners that have made investments to improve their
building energy performance and expand in-house capacity for energy
management.
18A-38B.
Definitions.
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County building
means any building owned by the County, or any group of
buildings owned by the County that have the same property identification
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BILL
No. 35-15
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number, that equals or exceeds 50,000 in total building square footage [square
feet gross floor area, as identified by the Director].
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Covered building
means any County building, Group
1
covered building, or
Group 2 covered building.
Covered building
does not include any building
with more than 10% [occupancy] of total building square footage which is
used for:
(1)
(2)
(3)
(4)
public assembly in a building without walls;
warehousing;
self storage; or
a use classified as manufacturing and industrial or transportation,
communication, and utilities.
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Group 1 covered building
means any nonresidential building, or any group of
nonresidential buildings that have the same property identification number,
not owned by the County that equals or exceeds 250,000 in total building
square footage [square feet gross floor area, as identified by the Director].
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Group 2 covered building
means any nonresidential building, or any group of
nonresidential buildings that have the same property identification number,
not owned by the County that equals or exceeds 50,000 square feet gross floor
area but is less than 250,000 in total building square footage [square feet gross
floor area, as identified by the Director].
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[Licensed professional] Recognized data verifier
means a [professional
engineer] Professional Engineer or a [registered architect] Registered
Architect [licensed in the State], or another trained individual whose
professional license or building energy training program credential 1s
recognized
by
the Director [as defined in applicable County regulations].
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No. 35-15
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[Gross floor area] Total building square footage
means the sum of the gross
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horizontal area of the several floors of a building or structure measured from
the exterior faces of the exterior walls or from the center line of party walls.
In
a covered but unenclosed area, such as a set of gasoline pumps or a drive-
through area, gross floor area means the covered area.
[Gross floor area]
Total building square.footage
does not include any:
(1)
(2)
basement or attic area with a headroom less than 7 feet 6 inches;
area devoted to unenclosed mechanical, heating, air conditioning, or
ventilating equipment;
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(3)
(4)
18A-39.
(a)
parking structure; or
accessory structure to a residential building.
Energy use benchmarking.
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County buildings.
No later than June 1, 2015, and every June 1
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thereafter, the County must benchmark [all buildings owned by the]
County buildings for the previous calendar year and report the
benchmarking information to the Department.
(b)
Group 1 covered buildings.
No later than [December] June 1, 2016,
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and every [December] June 1 thereafter, the owner of any Group 1
covered building must benchmark the building for the previous
calendar year[.
The owner must] and report the benchmarking
information to the Department [no later than January 1 each year].
(c)
Group 2 covered buildings.
No later than [December] June 1, 2017,
and every [December] June 1 thereafter, the owner of any Group 1
covered building must benchmark the building for the previous
calendar year[.
The owner must] and report the benchmarking
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information to the Department [no later than January 1 each year].
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18A-40.
Data Verification.
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(a) ·
Verification required
Before the first benchmarking deadline required
by Section 18A-39, and before each third benchmarking deadline
thereafter, the owner of each covered building must assure that reported
benchmarking information for that year is verified by a [licensed
professional] recognized data verifier.
The verification must be a
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[stamped and] signed statement by a [licensed professional] recognized
data verifier attesting to the accuracy of the information.
If
the Director
requests, the owner of a covered building must produce the statement
available for the most recent year in which verification was required.
(b)
[Waiver] Alternative Verification Path.
The Director may waive the
verification requirement [of] under this Section if the owner [shows that
compliance with this Section will cause undue financial hardship. If a
no-cost or low-cost verification option is available, the Director may
require the owner to use the alternative option] can demonstrate that the
building has achieved ENERGY STAR Certification for at least .Q
months of the year being benchmarked.
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18A-42.
Annual report; disclosure of benchmarking information.
Annual report required.
By October 1 of each year, the Director must
(a)
submit a benchmarking report to the County Executive and County
Council. The report must review and evaluate energy efficiency in
covered buildings, including:
( 1)
summary statistics on the most recent reported energy
benchmarking information. including information on the
completeness and level of data quality of the building energy data
being reported by building type per the benchmarking tool;
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(c)
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Exceptions to disclosure.
To the extent allowable under state law, the
Director must not make the following readily available to the public:
(1)
any individually-attributable reported benchmarking information
from the first calendar year that a covered building is required to
benchmark; and
(2)
any individually-attributable reported benchmarking information
relating to a covered building that contains a data center, or
television studio [, or trading floor] that together exceeds 10% of
the (gross square footage] total building 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 adjustments, the Director must report this
data in the annual report.
Approved:
George Leventhal, President, County Council
' Date
Approved:
Isiah Leggett, County Executive
Date
This is a correct copy ofCouncil action.
Linda M. Lauer, Clerk of the Council
Date
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