AGENDA ITEM 4A
September 19, 2017
Action
ADDENDUM
MEMORANDUM
September 18, 2017
TO:
County Council
Jeffrey
L.
Zyontflnior Legislative Analyst
FROM:
SUBJECT:
Action-Addendum:
Bill 19-17, Buildings - Energy Efficiency - Repeal
Section 8-48 includes the definition of
"covered building".
The section also defines the phase
"extensively modified'
which is used in the covered building definition. The enactment ofBill 19-
17 would repeal Section 8-48. Executive Staff believes that an additional change is necessary.
Section 52-103 refers to Section
8-48
for the definition
of"covered building".
IfBill 19-17 were
enacted without amendment, there would be no definition in Section 52-103 of a covered building.
The attached amended Bill transfers the exact definitions currently in Section
8-48
to Section 52-
103. The amendment attached does not involve a substantive change. The amendment will
prevent a term from being undefined.
Section 52-103 concerns property tax credits for energy and environmental design. The Council
may wish to determine if the definition should be changed in a future Bill.
This packet contains:
Amended Bill 19-17
F:\LA W\BILLS\1719 Buildings-Energy Efficiency-Repeal\Action-Amendment.Docx
Circle#
1
 PDF to HTML - Convert PDF files to HTML files
19-17
Bill
No.
Concerning: Buildings - Energy
Efficiency and Environmental Design -
Repeal
Draft No. 2
Revised: 9/18/17
June 13 2017
Introduced:
December 13, 2018
Expires:
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
December 1, 2017
Effective:
Sunset Date: -'-'-No=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)
repeal Article VII of Chapter 8 of the Montgomery County Code; and
generally amend the law relating to buildings, energy efficiency, and environmental
design.
By amending
Montgomery County Code
Chapter 8, Buildings
Section 8-26
Chapter 52, Taxation
Section 52-103
and repealing
Montgomery County Code
Chapter 8, Buildings
Article VII
Sections 8-46, 8-47, 8-48, 8-49, 8-50, 8-51, and 8-52
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from 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. 19-17
1
2
3
Sec.
1.
Section 26 of Chapter 8 is amended as follows:
8-26. Conditions of permit.
*
*
*
4
5
6
7
(
c)
Compliance with permit.
All work must conform to the approved
application and plans for which the permit has been issued[, including
any action required under Article VII,] and any approved amendments to
the permit.
*
8
9
*
*
Sec. 2. Article VII of Chapter 8 (Sections 8-46, 8-47, 8-48, 8-49, 8-50, 8-51,
and 8-52) is repealed as follows:
ARTICLE VII. [ENERGY EFFICIENCY AND ENVIRONMENTAL
DESIGN.] Reserved.
8-46. [Short title] Reserved.
1O
11
12
13
14
[This Article may be cited as the Montgomery County Green Buildings Law.]
8-47. [Policy] Reserved.
15
16
17
[This Article is intended to protect the public health and welfare by requiring an
integrated approach to planning, design, construction, and operation of a covered
building and its surrounding landscape that helps mitigate the energy and
environmental impacts of the building so that it is energy efficient, sustainable, secure,
safe, cost-effective, accessible, functional, and productive.]
8-48. [Definitions] Reserved.
[In
this Article, in addition to any term defined elsewhere in this Chapter, the
18
19
20
21
22
23
24
following words have the meanings indicated:
County building
means any covered building for which the County government
finances at least 30% of the cost of:
(
1)
25
26
27
construction, for a newly constructed building; or
modification, for a building that is extensively modified.
(2)
F:\LAW\BILLS\1719 Buildings-Energy Efficiency-Repeal\Bill 2.Docx
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 19-17
28
Covered building
means a newly constructed or extensively modified non-
residential or multi- family residential building that has or will have at least
10,000 square feet of gross floor area.
Extensively modified
refers to any structural modification which alters more than
50% of the building's gross floor area, as indicated on the application for a
building permit. Extensively modified does not include any modification that
is limited to one or more of the following building systems: mechanical;
electrical; plumbing; heating, ventilation, and air conditioning (HVAC); and fire
protection.
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 a building.
LEED
refers to the series of Leadership in Energy and Environmental Design
(LEED) rating systems developed by the Green Building Council.
LEED rating system
means the particular LEED rating system that applies to a
covered building, as specified in Executive regulations.
Multi-family residential building
means any multi-family residential or mixed-
use building that is taller than 4 stories. Multi-family residential building does
not include a residential care or assisted living building which can house no
more than 16 occupants.
Newly constructed
refers to a new stand-alone building or an addition to an
existing building. A newly constructed building includes any addition to or
enlargement of an existing building, but does not include any change to an
existing portion of a building.
Non-residential building
means a building not used as a dwelling.
residential building does not include any:
(
1)
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
Non-
day care center for 5 or fewer persons;
(!]
F:\LAW\BILLS\1719 Buildings-Energy Efficiency-Repeal\Bill 2.Docx
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 19-17
55
56
57
58
59
60
(2)
(3)
(
4)
accessory building or structure;
agricultural building, stable, barn, or greenhouse;
parking garage that is not heated or cooled; or
other building characterized as a miscellaneous building in the edition of
the ICC International Building Code designated under Sec_tion 8-13.]
(5)
8-49. [Standards and requirements] Reserved.
61
[(a)
County buildings.
Any County building must, in addition to any action
62
63
required under Section 8-14A, achieve:
(1)
a silver-level rating in the appropriate LEED rating system, as
certified by the Green Building Council;
(2)
a silver-level rating in the appropriate LEED rating system, as
verified by the Director or a qualified person approved by the
Director; or
(3)
energy and environmental design standards that the Director
identifies as equivalent to a silver-level rating in the appropriate
LEED rating system, as verified by the Director or a qualified
person approved by the Director.
(b)
Other covered buildings.
Any other covered building must achieve:
(1)
64
65
66
67
68
69
70
71
72
73
a certified-level rating
in
the appropriate LEED rating system, as
certified by the Green Building Council;
74
75
76
77
(2)
a certified-level rating in the appropriate LEED rating system, as
verified by the Director or a qualified person approved by the
Director; or
78
79
(3)
energy and environmental design standards that the Director
identifies as equivalent to a certified-level rating in the appropriate
LEED rating system, as verified by the Director or a qualified
person approved by the Director.
80
81
@
F:\LAW\BILLS\1719 Buildings-Energy Efficiency-Repeal\Bill 2.Docx
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 19-17
82
83
84
85
86
87
88
(c)
Additions.
However, for any building for which an application for all
necessary building permits was filed before September 1, 2008, any later
addition to that building must achieve the requirements of a subsection
(a) or (b), whichever applies, only if the addition would increase the
building's:
(1)
(2)
land coverage by at least 100%; and
gross floor area by at least 10,000 square feet.]
89
90
91
8-50. [Building permits] Reserved.
[(a)
Design plans.
The applicant for a building permit for a covered building
must submit to the Department:
( 1)
design plans for the building that are likely to achieve the
applicable standard under Section 8-49(a) or (b ), whichever
applies, as certified or otherwise approved by the Green Building
Council or verified by the Director or a qualified person designated
by the Department; and
(2)
any other document or information the Department finds necessary
to decide whether the building will achieve the applicable standard
under Section 8-49.
(b)
Building permit.
The Department must require compliance with Section
8-49 as a condition of any building permit issued for a covered building.
(
c)
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
Final use and occupancy certificate.
The Department must not issue a
final use and occupancy certificate for a covered building unless it finds
that the building has achieved the applicable standard under Section 8-
49.]
8-51. [Regulations] Reserved.
[The County Executive must adopt regulations under method (2) to administer
this Article. Those regulations must spec~
c_j
F:\LAW\BILLS\1719 Buildings-Energy Efficiency-Repeal\Bill 2.Docx
 PDF to HTML - Convert PDF files to HTML files
BILL
No.
19-17
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
(a)
the LEED rating system, and any equivalent energy and environmental
design standard, that applies to each type of covered building under
Section 8-49(a) and (b).
(b)
the process to verify that a covered building complies with any applicable
standard under Section 8-49, including the types of persons who are
qualified to verify compliance;
(
c)
any standards and procedures under which the Director may approve full
or partial waivers of Section 8-49 when compliance would be impractical
or unduly burdensome and the public interest would be served by the
waiver; and
(
d)
standards and procedures for any enforcement mechanism, such as a
performance bond, that the Department finds necessary to accomplish the
purposes of this Article.]
8-52. [Report] Reserved.
[The Director must submit to the Executive and Council, not later than March 1
of each year, a list of each waiver of the requirements of this Article that the Director
approved during the preceding calendar year and any condition attached to the at
waiver.]
*
*
*
Sec. 3. Section 103 Of Chapter 52 is amended as follows:
Sec. 52-103. Property tax credit- energy and environmental design.
(a)
Definitions. In this Section the following words have the meanings
indicated:
(1)
"Covered building'
[[has the meaning stated in Section 8-48]]
means a newly constructed or extensively modified non-residential
or multi-family residential building that has or will have at least
10,000 square feet of gross floor area.
133
134
135
0
F:\LAW\BILLS\1719 Buildings-Energy Efficiency-Repeal\Bill 2.Docx
 PDF to HTML - Convert PDF files to HTML files
BILL
No. 19-17
136
(21
Extensively modified
means any structural modification which
137
138
139
140
141
142
143
144
145
146
14 7
148
149
150
151
152
153
154
155
156
157
158
alters more than 50% of the building's gross floor area, as indicated
on the application for a building permit. Extensively modified
does not include any modification that is limited to one or more of
the following building systems: mechanical; electrical: plumbing:
heating. ventilation, and air conditioning
(HV
AC): and fire
protection.
[[(2)]](1} "High performance building" means:
*
[[(3)]](i1 "LEED-CS"
*
means
*
the
Leadership
in
Energy
and
Environmental Design - Core and Shell rating system administered
by the USGBC.
[[(4)]]ill "LEED-EB"
means
the
Leadership in
Energy
and
Environmental Design - Existing Building rating system
administered by the USGBC.
[[(5)]]!:fil "LEED-NC"
means
the Leadership in Energy
and
Environmental Design - New Construction rating system
administered by the USGBC.
[[(6))]ill "Property tax" means the general County tax and all special
service area taxes.
[[(7)]]!fil "USGBC" means the US Green Building Council.
Sec. 4. Effective Date
This Act takes effect on December 1, 2017.
F:\LA W\BILLS\1719 Buildings-Energy Efficiency-Repeal\Bill 2.Docx