# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 18A. ENVIRONMENTAL SUSTAINABILITY

### Article 1. Energy.

**Sec. 18A-1. Findings and statement of purpose.**

  (a)   In the interest of maintaining an adequate and reliable energy supply at reasonable cost, the County government recognizes the need to institutionalize through legislation an energy policy and energy planning program. In addition, the efficient use of energy directly benefits air quality and climate, demonstrating the linkages necessary to achieve essential environmental goals. For this reason, the responsibilities of the Advisory Committee on Climate, Energy, and Air Quality includes an advisory function with respect to air quality and climate change.

  (b)   The intent of this Article is to provide the initiative for County government to address energy issues and plan for a future which may be energy resource-constrained. It establishes the means to formulate ongoing policies, plans, programs and activities designed to foster energy conservation and to promote cost-effective alternatives to existing sources of energy and patterns of energy consumption while maintaining efforts to meet environmental goals.

  (c)   This Article is intended to serve as a vehicle for the promotion of energy consciousness throughout all segments of the community and for the development and implementation of immediate and long-range cooperative energy planning efforts in both the public and private sectors.

**Sec. 18A-2. Energy Policy-Purposes; preparation; contents; action plan; annual review.**

  (a)   The County Executive must develop and submit to the County Council for approval an energy policy which establishes both short and long-term energy efficiency objectives, promotes immediate and long-range energy consciousness, identifies potential strategies for leadership at the County level to help secure the County's energy future, and stresses the link between energy and the environment. The Executive must review the energy policy annually and report to the Council by October 31 on its continuing appropriateness, and may with Council approval amend it from time to time.

  (b)   To further the objectives of the energy policy, the Executive must annually develop an energy work program of activities which can be accomplished in 12 to 24 months. The Executive must review the work program each year, may add new initiatives when action is completed on previous years' activities, and may modify or end existing activities as appropriate. The Executive must also propose a long-range plan of public and private actions to accomplish those objectives.

**Sec. 18A-3. Public hearing; modifications; approval; effective date.**

  (a)   After receiving a proposed energy policy from the County Executive, the County Council must, after not less than 30 days notice to the public, conduct a public hearing on the energy policy at which all interested persons, firms, organizations and groups must have an opportunity to comment on the policy.

  (b)   After the record of the public hearing on the policy closes, the County Council by resolution must either:

    (1)   Approve the policy as submitted by the County Executive; or

    (2)   Modify the policy and approve it as so modified; or

    (3)   Reject the policy and resubmit it to the County Executive for further consideration, revision and resubmission, addressing issues raised by the Council.

  (c)   If the County Council modifies the policy as submitted by the County Executive, the Council must, within 3 working days after taking action thereon, transmit the policy as modified to the County Executive, who must, within 10 days after receipt of the modified policy, indicate in writing to the Council concurrence or nonconcurrence with the modifications. If the Executive does not indicate nonconcurrence within 10 days, the policy takes effect as modified by the Council. If within 10 days the Executive does not concur with the modifications made by the Council and states reasons therefor, the Council must either:

    (1)   Further revise the policy to take into account any or all of the objections and recommendations of the County Executive and then approve the policy as further revised; or

    (2)   By an affirmative vote of a simple majority of its members, approve the policy as previously sent to the Executive.

  (d)   Except as otherwise provided in this Section, the policy takes effect on the date it is approved by the County Council and continues in effect until amended in accordance with Section 18A-4.

**Sec. 18A-4. Amendments.**

  (a)   Amendments to the energy policy may be initiated at any time by the County Executive or by the County Council.

  (b)   Amendments to the policy which are initiated by the County Executive must be prepared and processed in accordance with Sections 18A-2 and 18A-3.

  (c)   Amendments to the policy which are initiated by the County Council must be prepared in accordance with Section 18A-2 and then submitted to the County Executive for review and comment. The County Executive must have 30 days in which to submit comments in writing to the County Council, after which the Council must proceed to public hearing and processing of the policy in accordance with Section 18A-3.

**Sec. 18A-5.Climate, Energy, and Air Quality Advisory Committee; establishment; terms of office; ex-officio members.**

  (a)   There is hereby established an Advisory Committee on Climate, Energy, and Air Quality to assist the County Council and the County Executive in carrying out the purposes of this Chapter and Chapter 3. The Committee consists of 15 members appointed by the Executive, subject to confirmation by the Council. One member must be designated by the Executive and confirmed by the Council to serve as chair of the Committee. Each appointee must be a resident of the County who is technically knowledgeable and interested in climate change, energy and air quality.

  (b)    Appointments, terms of office, and attendance requirements are governed by Section 2-148. The initial appointments must be staggered. Members appointed to fill vacancies serve the remainder of the unexpired term.

  (c)    Members of the Committee serve without compensation.

  (d)    In addition to the chair appointed under subsection (a), the Committee may elect other officers necessary to carry out its duties.

  (e)    In addition to the 15 voting members of the Committee, the County Executive and the County Council may each appoint an ex-officio, non-voting member to serve at the pleasure of the appointing authority.

**Sec. 18A-6. Meetings; quorum; voting.**

  The Committee must meet in public session on call by the chair as frequently as required to perform its duties but not less than once each calendar quarter. A regular or emergency meeting may also be convened at the request of two-thirds of the members. Reasonable notice must be given to the Committee members and to the general public for all meetings of the Committee, as required by the state open meetings law. A majority of the members of the Committee is a quorum for the transaction of business, and a majority vote of those present, but not less than 4 members, is sufficient to take any action.

**Sec. 18A-7. Subcommittees.**

  The chair may, with the approval of the Committee, appoint subcommittees from among its members to assist in carrying out any function of the Committee. Any subcommittee so appointed must consist of not less than 3 members. Subcommittee action is not the action of the Committee and does not bind the Committee or its members.

**Sec. 18A-8. Duties and responsibilities.**

  The Committee has the following duties:

  (a)   Advise the Executive and the Council of the activities of the Committee in furthering the purpose of this Chapter and Chapter 3;

  (b)   Comment on or assist in developing recommendations to promote and implement immediate and long-range policies and programs aimed at meeting the County’s greenhouse gas emission reduction goals;

  (c)   Comment on or assist in developing recommendations to promote and implement immediate and long-range policies and programs to promote cleaner, more efficient, and more reliable energy use and practice in all segments of the community;

  (d)   Comment on or assist in developing programs to meet air quality standards and to promote healthy indoor and outdoor air quality;

  (e)   Identify areas and methods to encourage voluntary participation in climate-related efforts, energy conservation efforts and air quality improvements;

  (f)   Identify and recommend innovative programs, policies, and technologies to improve climate and air quality for the Executive, the Council, and the public to implement;

  (g)   Recommend the development of educational programs and materials to educate the public and private sectors about the efficient use of energy and its direct benefits for improved air quality and reduced greenhouse gas emissions; and

  (h)   Carry out duties assigned from time to time by the Executive and the Council to assist in fulfilling the purposes of this Article.

**Sec. 18A-8A. Advocacy.**

  The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.

**Sec. 18A-9. Interagency Group on Energy and Utility Management-Establishment; membership; meetings.**

  (a)   The County Executive must establish an Interagency Group on Energy and Utility Management to coordinate County government energy conservation efforts, promote energy efficiency, share information, provide technical assistance, and cooperate on planning and implementing energy conservation measures.

  (b)   Each County or bicounty agency with substantial utility budgets or energy conservation capital projects, including executive departments and offices, the Board of Education, Montgomery College, the Washington Suburban Sanitary Commission, the Maryland-National Capital Park and Planning Commission, the Housing Opportunities Commission, and the County Council, should designate a liaison to the Group. The Executive must select a senior officer or employee of the executive branch to facilitate the Group's operation.

  (c)   The Group must meet as frequently as necessary to perform its duties.

  (d)   The Group has the following duties:

    (1)   establish uniform utility unit costs for County operating budget purposes;

    (2)   prepare agency resource conservation plans annually, describing current and anticipated energy conservation programs with actual and projected energy and cost savings;

    (3)   advise the Executive and Council on energy conservation goals, cost savings, and new technologies.

**Sec. 18A-10. Administrative arrangements; support and organizational duties and functions of county government.**

  (a)    The County Executive must designate a senior officer or employee of the executive branch of County government to provide executive direction to the performance of the functions and responsibilities delineated in this Article and to report annually to the Executive and Council on the activities undertaken to further the goals of this Article.

  (b)    The County Executive may also establish organizational and administrative arrangements as appropriate to promote the policies and purposes of this Article, including the following functions:

    (1)   Update the energy policy and work program as necessary;

    (2)   Formulate policies, plans and programs, including necessary legislative proposals, for recommendation to the County Executive and County Council designed to promote energy conservation in the County;

    (3)   Coordinate with other interested parties in the development and implementation of energy conservation activities;

    (4)   Recommend methods for the coordination of energy saving efforts in the public and private sectors;

    (5)   Assemble and disseminate information concerning energy conservation for use by the government, the private sector and the general public;

    (6)   Develop and promote activities and programs designed to foster public awareness of the need for and the means to achieve cost-effective energy conservation.

**Sec. 18A-11. Clean Energy Rewards Program.**

  (a)   The Director of the Department of Environmental Protection must establish a Clean Energy Rewards Program.  The purpose of the program is to provide financial and other incentives to consumers who choose electricity produced by renewable and environmentally preferable power sources.

  (b)   The Director must require each eligible person or supplier to submit an application for any payment under this program, and may take any other action necessary to administer this program.  The Department of Finance must take actions necessary to make any payments that the Director of Environmental Protection has certified are due.  The County Executive must issue regulations under Method (1) to implement this Section.

  (c)   The Executive must adopt program regulations that:

    (1)   identify the types of electricity that qualify for incentives under the program;

    (2)   restrict or preclude the payment of incentives for purchase of otherwise qualified electricity that a consumer or supplier is required to buy or produce to meet certain federal or state requirements;

    (3)   specify the process to apply for, certify, and receive an award; and

    (4)   include any additional program criteria, standards, and procedures that are consistent with the County’s energy and environmental policy, which among other things may restrict the location or air shed where any qualified electricity is produced.

  (d)   The County Council must establish by resolution the maximum amount of any incentive offered and the time period during which the incentive will be offered.  The maximum incentive may be calculated by total payments, payment per quantity of electricity bought, or any other reasonable measurement.

  (e)   Any incentive payment to individual applicants may be paid on a fiscal year or calendar year basis, or at any other convenient time.

  (f)   A person who submits a false or fraudulent application, or withholds material information to obtain a payment under this Section, has committed a Class A violation.  In addition, the person must repay the County for all amounts improperly paid, and all accrued interest and penalties that would apply to those amounts, as if they were overdue taxes.  A person who violates this Section is liable for all court costs and expenses of the County in any civil action brought by the County to recover any payments, interest, or penalty.  The County may collect any amount due, and otherwise enforce this Section, by any appropriate legal action.

**Sec. 18A-11A. Renewable Energy.**

  (a)   Purchase of renewable energy.

    (1)   The County Executive must assure that at least 50% of the County’s total annual electric power usage will be supplied by renewable energy, beginning in Fiscal Year 2015.

    (2)   The County Executive must assure that 100% of the County’s total annual electric power usage will be supplied by renewable energy, beginning in Fiscal Year 2016.

  (b)   Criteria for renewable energy purchases.  The renewable energy purchased under subsection (a) must:

    (1)   be generated from an energy source defined as a Tier 1 renewable source in Section 7-701 of the Public Utilities Article of the Maryland Code or any successor provision;

    (2)   qualify as green power as defined by the United States Environmental Protection Agency;

    (3)   not be included in a supplier’s renewable portfolio standard requirement for any year or supplant clean energy purchased to comply with either federal law or the law of states other than Maryland; and

    (4)   be registered and tracked in a regional tracking system.

  (c)   On-site clean energy generation.  The County may satisfy the requirement of subsection (a) through on-site clean energy generation.  The County must retain ownership of each on-site project’s renewable energy certificates and must meet all other requirements of this Section.  The County may exchange the renewable energy certificates for certificates from an alternate source that complies with this Section.