A. Authority. In accordance with the authority conferred under Chapter 18A, Section 18A-11, of the Montgomery County Code, 2004, as amended (hereinafter referred to as the “Code”), the County Executive hereby promulgates this regulation to implement County law pertaining to financial rewards provided by Montgomery County to consumers who choose electricity produced by renewable sources. B. Applicability. This regulation applies to eligible clean energy sold by clean energy suppliers, eligible electricity produced by on-site generators, and eligible Renewable Energy Certificates. For purposes of this regulation, the following words and phrases have the following meanings unless the context clearly indicates otherwise: A. Director - The Director of the Department of Environmental Protection or the Director’s designee. B. Director of Finance - the Director of the Department of Finance or the Director’s designee. C. Clean Energy Supplier - An entity that sells clean energy, or Renewable Energy Certificates. D. Clean Energy - Electricity that is generated within the United States from eligible renewable energy sources, or represented by Renewable Energy Certificates. E. Consumer - Any individual or entity in the County, except a governmental entity, that purchases or uses clean energy. F. Department - The Department of Environmental Protection. G. Eligible clean energy cap - The maximum amount of clean energy that is eligible for incentive payments under the Program, as set by Council resolution. H. Eligible renewable energy sources - Technologies that use wind, solar, methane from the anaerobic decomposition of organic materials in a landfill or wastewater treatment plant, and biomass as defined as a Tier 1 renewable source in the Maryland Code, Public Utility Company Article, § 7-703 (see: Maryland Renewable Energy Portfolio Standard) to generate electricity and are located within the United States. I. Eligible tracking systems - Databases within each RTO/ISO or developed nationally to monitor the generation and retirement of RECs within the United States. The systems are: WREGIS, ERCOT, NEPOOL-GIS, M-RETS, PJM-GATS, and the North American Renewable Registry, or a comparable system authorized by the Director. J. Environmental Information Label - A document detailing product information including fuel mix and emissions, produced twice a year by every electricity supplier doing business in Maryland, as required by the Electric Consumer Choice and Competition Act of 1999 (Maryland Code, Public Utility Companies Article, §§ 7-501 et seq.). K. Incentive rate - The clean energy incentive rate set by Council resolution. L. Minimum clean energy requirement - The minimum percentage of clean energy that a consumer must purchase or generate to be eligible to participate in the Program, as set by Council resolution. M. On-site generator - A consumer that utilizes an eligible renewable energy source to generate electricity at a location within the county. N. Program - The Montgomery County Clean Energy Rewards Program. O. Renewable Energy Certificate or Credit, or “REC” - A clean energy product sold by a clean energy generator that represents the market value of the environmental attributes of eligible clean energy generation within the United States. P. Maryland Renewable Energy Portfolio Standard or “RPS” - The renewable energy portfolio standard that electricity suppliers doing business in Maryland are required to satisfy under Maryland Code, Public Utility Company Article, § 7-703. Q. Regional Transmission Operator/Independent System Operator, or “RTO/ISO” - Third-party oversight organizations developed to monitor and track the generation and transmission of electricity within a specific region. There is hereby established a Clean Energy Rewards Program under which the County will provide financial incentives to encourage consumers throughout Montgomery County to choose electricity produced by eligible renewable energy sources. The financial incentives will be in the form of incentive payments made available to consumers through their clean energy suppliers, or delivered directly to on-site generators. A. In order for a consumer to qualify for incentive payments under the Program, the electricity used by the consumer must be certified by the Director as being: (1) Generated using eligible renewable energy sources; (2) Generated within the United States; and (3) Registered and tracked in an eligible tracking system; or (4) Generated by an on-site generator using an eligible renewable energy source. B. The Director must develop clean energy certification procedures for electricity and on-site generators. C. Consistent with Maryland Code, Public Utility Company Article, § 7-703, a clean energy product marketed and sold to a consumer under the Program may not be counted towards a supplier’s RPS requirement for any year, or supplant clean energy purchased to comply with other states’ or federal laws. D. To obtain certification for electricity produced by an on-site generator, the end user must provide system documentation for use in estimating the amount of kWh generated during a given time period. The Director reserves the right to estimate the amount of kWh generated during a given period using a methodology that the Department finds reliable. A. In order to be eligible to participate in this program, a consumer must be an end-user of electricity delivered to a metered location within Montgomery County, or operate an on-site generation system utilizing eligible renewable energy sources within Montgomery County. B. A consumer may not participate in the Program unless the consumer meets the minimum clean energy requirement. For the purpose of determining whether a consumer meets the minimum clean energy requirement, the Director must consider electricity or RECs generated from a clean energy supplier purchased by the consumer, or electricity produced by an on- site generator. C. The eligible clean energy cap applies to all consumers. D. Only individuals and non-governmental entities are eligible to participate in the Program. A. An electricity supplier may apply to have a clean energy product certified by submitting an application to the Department in a form prescribed by the Director. After receiving the application, the Director, in consultation with the Director of Finance and the supplier, must develop a schedule for incentive payments from the County to the supplier for distribution to the supplier’s eligible customers. The Director must complete a review of any application submitted under this subsection and approve or disapprove certification within 30 days after receiving the application. B. Products that the Director has certified as eligible may be marketed to consumer as qualifying for an incentive payment under the Program. C. Any clean energy supplier that participates in the Program must maintain a record of all clean energy products sales to Montgomery County consumers and submit quarterly reports to the Department documenting the types of clean energy product sales that are eligible for incentive payments and the dollar amount of those sales. A. A clean energy supplier must request payment from the Department for an amount equal to the aggregate eligible incentive payment for clean energy sales in a form prescribed by the Director and in accordance with a predetermined schedule. B. If the Director determines that the supplier is entitled to receive payment under the Program, the Director must forward the request with an authorization for payment to the Department of Finance. After receiving the Director’s authorization the Director of Finance must disburse the requested funds to the supplier. The following formulas will be used to calculate incentives for eligible consumers. Formula 1: Consumer meets the minimum clean energy requirement solely with electricity purchased from a clean energy supplier Incentive Rate x Total Clean Energy Consumption in kWh pre-determined time frame Eligible clean energy cap x (% Clean Energy/100) = Clean Energy Incentive Payment Example calculation: $0.005/kWh x 3,000 kWh/quarter x (100/100) = $15.00/quarter Formula 2: Consumer meets the minimum clean energy requirement solely by purchasing Renewable Energy Credits (RECs) Incentive Rate x RECs purchases (kWh equivalent) pre-determined time frame Eligible clean energy cap = Clean Energy Incentive Payment Example calculation: $0.005/kWh x 3,000 kWh/quarter = $15.00/quarter Formula 3: Consumer meets the minimum clean energy requirement with electricity purchased from a clean energy supplier and the purchase of RECs Formula 1 purchased from clean energy supplier + Formula 2 renewable energy credits = Clean Energy Incentive Payment Formula 4: Consumer meets the minimum clean energy requirement solely with electricity produced by an on-site generator Incentive Rate x Energy Generated On-site (kWh) pre-determined time-frame Eligible clean energy cap = Clean Energy Incentive Payment Formula 5: Consumer meets the minimum clean energy requirement with electricity produced by an on-site generator and purchased from a clean energy supplier Formula 4 on-site generation + Formula 1 purchased from clean energy supplier = Clean Energy Incentive Payment Formula 6: Consumer meets the minimum clean energy requirement with electricity produced by an on-site generator and the purchase of RECs Formula 4 on-site generation + Formula 2 renewable energy credits = Clean Energy Incentive Payment C. A supplier must dedicate all funds received from the County under the Program to providing incentive payments to its eligible clean energy customers. A supplier must not retain any portion of the incentive payments disbursed by the County for administrative or operational expenses. A. Electricity suppliers that market their products as eligible to qualify for incentive payments to consumers under the Program must include a statement in their marketing materials that the Program is provided by Montgomery County to Montgomery County consumers. The suppliers must provide copies of all marketing materials and announcements to the Department for review and approval. The Department will provide any comments or revisions to the electricity supplier within two business days. B. All participating clean energy suppliers must provide to the Department an Environmental Information Label for each clean energy product marketed under the Program. The Environmental Information Labels must satisfy the requirements for disclosure of environmental emissions and generation mix established by the Maryland Public Service Commission. C. The Department must undertake public education and outreach efforts that inform County residents and businesses about the Program, provide education on the types of clean energy products that are available, explain the environmental benefits of clean energy, and provide special recognition to businesses that purchase or generate clean energy under the Program. The Director may publicly disseminate the information contained in the suppliers’ Environmental Information Labels for eligible clean energy products. If a court holds that a portion of this regulation is invalid, the other portions remain in effect. This regulation takes effect 30 days after approval by the County Council

A. Authority. In accordance with the authority conferred under Chapter 18A, Article 4, of the Montgomery County Code, 2004, as amended (hereinafter referred to as the “Code”), the County Executive hereby promulgates this regulation to implement County law pertaining to the administration of the Home Energy Loan Program (hereinafter referred to as the “Program” or “HELP”). The Program provides loans to homeowners, re-paid through the property-tax bill, for energy efficiency and renewable energy improvements. B. Applicability. This regulation applies to the administration of the Program by the County Government and participation in the program by consumers, auditors, and contractors. For purposes of this regulation, the following words and phrases have the following meanings unless the context clearly indicates otherwise: 1. Amortization Period - The period over which a HELP loan is repaid to the County by a borrower. 2. Annual Real Property Tax Bill - The annual real property consolidated tax bill that the County mails each year to property owners in the County. 3. Annual Tax Lien Sale - A sale of real property tax liens that the County conducts on the second Monday of each June to recover amounts owed to the County in delinquent taxes and charges on real property. 4. Applicant - An owner of a residential property in the County who submits a HELP loan application to the Department of Finance, the Department of Environmental Protection or their designee. 5. Assessed Value - The full cash value as indicated on the most recent assessment notice from the Maryland Department of Assessments and Taxation. 6. Borrower - An applicant who has received a HELP loan. 7. Contractor - An individual or business entity meeting the program requirements established by the Department of Environmental Protection to perform work associated with energy audits and energy related home improvements. 8. Cost-Effectiveness - The maximum estimated amount of time it takes for an energy efficiency improvement to pay for itself through reduced energy costs (the “payback” period), as determined by the Department of Environmental Protection. 9. County - Montgomery County, Maryland. 10. Department - The Department of Environmental Protection or DEP. 11. Director - The Director of the Department of Environmental Protection or the Director’s designee. 12. Director of Finance - The Director of the Department of Finance or the Director’s designee. 13. Energy Auditor - An individual or company that: (a) is a participating auditor with the Maryland Home Performance with ENERGY STAR Program; (b) is participating in a utility sponsored Home Performance with ENERGY STAR Program; or (c) meets any other equivalent requirements approved by the Director as published in the Program Plan. 14. Eligible Cost - The cost of buying and installing an energy efficiency improvement or renewable energy device, including any part, component, or accessory necessary to operate the improvement or device, less any amount received from a public or private program because the improvement or device is or will be made or installed. 15. Energy Efficiency Improvement - A cost-effective improvement to an existing single family home that reduces the home’s energy consumption and cannot be readily removed as defined in Section 18A-24 of the County Code. 16. ENERGY STAR Rating - The ENERGY STAR rating developed by the U.S. Environmental Protection Agency (EPA) which rates a product’s energy efficiency and other factors. 17. Environmental Attributes - Environmental benefits for which there are accessible and quantifiable markets. Environmental attributes include renewable energy certificates (RECS) and carbon offsets. 18. Fundamental Health and Safety Remediation or FHSR - means improvements necessary to remedy health or safety issues that may be exacerbated by energy efficiency or renewable energy improvements (e.g., moisture mitigation); or alternatively, measures necessary to ensure the fundamental function of the improvement. 19. Home Energy Audit - An evaluation of the energy efficiency of a home which includes any test or diagnostic measurement conducted by a registered energy auditor that the Department finds necessary to: (a) assure that a home’s energy efficiency is accurately measured; and (b) identify cost-effective steps that can be taken or improve a home’s energy efficiency. 20. Home Energy Loan Fund or Fund - The fund established under Section 18A-30 of the County Code to provide funding for the Home Energy Loan Program. 21. Home Energy Loan Program (HELP or Program) - The program established under Section 19A-25 of the County Code to assist single-family homeowners to make energy efficiency improvements or install a renewable energy device; establish a loan fund to provide homeowners loans under the Program; and generally amend the environmental sustainability law. 22. Home Energy Yardstick - The U.S. Environmental Protection Agency’s ENERGY STAR Program tool for assessing the relative performance of existing homes. 23. Home Performance with ENERGY STAR or HPwES - The energy audit and quality assurance program offered through the EPA and delivered through local program sponsors that recruit and train home improvement contractors and consultants that are qualified to perform comprehensive energy audits. 24. Home Performance with ENERGY STAR Sponsor ro HPwES Sponsor - A non-profit organization, state or local government, or utility that signed a partnership agreement with the EPA to administer an HPwES program. 25. Program Plan - The fundamental operating manual developed by the Director outlining the Program’s administrative, marketing, education and outreach components. 26. Property Owner or Homeowner - The person who is listed on the County’s tax records as the owner of the property where the energy improvements will be installed. 27. Renewable Energy - Energy derived from solar, wind, geothermal, and any other energy source or technology which the Director finds is derived from natural processes that do not involve the consumption of exhaustible resources, and is specified by the U.S. Department of Energy (DOE), EPA, or Maryland Energy Administration (MEA). 28. Renewable Energy Measure or Device - A measure that: (a) converts, or actively uses renewable energy; (b) is permanently installed on the home or property; and (c) meets safety and performance standards set by a nationally recognized testing laboratory for that kind of device, if these standards are available. 29. Renewable Energy Product Provider - A specialized contractor installing technologies and products that use renewable energy. 30. Single Family Home - A single family detached or attached residential building. A single family home includes a condominium. 31. Test-out - A series of diagnostic tests and post-installation quality control and assurance inspections required by the EPA or HPwES sponsor to verify the quality of workmanship, and performed by an energy auditor. There is a Home Energy Loan Program (HELP) under which the County encourages energy conservation and the use of clean energy by making loans available to residential property owners interested in making energy efficiency and renewable energy improvements to their homes. The loans finance a package of improvements, adhere to defined cost-effectiveness criteria, and are approved based on the results and recommendations of an energy audit. The loans must be repaid through the County real property tax bill for the home of the borrower. The Program provides loans to fund cost-effective energy efficiency and renewable energy improvements to single family homes within the County. Renewable energy installations that do not satisfy cost-effectiveness criteria may be funded through HELP loans in concert with energy efficiency improvements that collectively achieve a prescribed minimum level of performance. A. An energy efficiency improvement or renewable energy measure will be deemed cost- effective if the sum of projected energy cost savings resulting from the improvement or measure is equal to or greater than the sum of principal and interest payments, assuming the entire project is financed, over a 15 year amortization period at the interest rate in effect at the time of application. Cost-effectiveness will be determined as follows: (1) Projected energy savings will be calculated based on the energy cost savings identified by an energy auditor, using a broadly accepted software package, or estimates by a renewable energy product provider, using a broadly accepted renewable energy calculator. Energy cost savings must be calculated using energy costs, provided by the Director, based on applicable tariffs and other commonly available energy cost information and published periodically in the Program Plan or provided by a widely accepted source (e.g., DOE). (2) For the purposes of calculating cost effectiveness, principal and interest of the estimated loan amount will be based on the total projected costs of the energy- efficiency improvement or renewable energy measure as estimated by the auditor, contractor, or renewable energy product provider and included in the loan application by the homeowner. Total projected costs must not include the items indicated in paragraph 5. (3) Projected project costs will consist of all necessary labor, services, materials and equipment costs necessary to install the improvement or measure for which the loan was approved. (4) Projected project costs may be reduced to represent the net cost including all incentives which the applicant is eligible to receive. (5) The calculation of project cost-effectiveness will not include the following: (a) FHSR necessary to ensure well-being or effective deployment of the measure (e.g., combustion safety improvements); (b) cost of the energy-audit and test-out; (c) loan origination and application fees; (d) funds contributed by the homeowner to reduce the cost of the financed package; (e) property tax credits provided by Montgomery County; or (f) proceeds from the sale of environmental attributes. B. Fundamental Health and Safety Remediation (FHSR). (1) Applicants may receive additional loan funds, which will not be included in cost-effectiveness calculations, of up to 10 percent of the energy efficiency or renewable energy project costs not to exceed $1,500 for FHSR. The total loan must not exceed the cap specified in Section VIII (C) of this regulation. (2) The loan for FHSR must only be authorized in connection with an energy efficiency improvement or renewable energy measure. The additional loan funds may only be used to remediate a structural, mechanical, electrical or other issue that directly jeopardizes the well being of building occupants, quality of the indoor environment, or the durability or longevity of the structure. (3) Loan applications requesting FHSR must be signed by the applicable contractor or auditor specifying or performing the work, describing the reason why FHSR is required to properly install the energy-efficiency or renewable energy improvement. C. An applicant for a loan to finance energy efficiency improvements and renewable energy measures must satisfy the following requirements: (1) The applicant must have commissioned and received the final report from an energy auditor. (2) The proposed improvements or measures must be identified in the applicant’s home energy audit. (3) Improvements that are fundamentally dependent on another improvement identified in the home energy audit report must be combined. These specifically include: (a) Insulation and comprehensive air-sealing where needed; (b) Heating, ventilating, and air conditioning (HVAC) unit replacement and duct sealing where needed; or (c) Other devices where significant evidence exists that coupled performance improves overall cost-effectiveness, as defined in the Program Plan. (4) The applicant must have obtained a cost proposal for the energy efficiency improvement or renewable energy measure from the contractor or renewable energy project provider that will be responsible for installing the improvement. (5) In cases where FHSR is required, the applicant must provide cost estimates and the cost cannot exceed the criteria established in subsection (B). D. Renewable energy measures that do not meet the requirements of subsections (A) and (C) may also qualify for a loan if: (1) The single-family home where the renewable energy measure to be installed has already achieved a prerequisite level of energy efficiency, equivalent to a score of 7.5 using the ENERGY STAR Home Energy Yard Stick as calculated by the applicant’s energy auditor, or equivalent methodology approved by the Director; (2) The proposed renewable energy measure is part of a package of energy efficiency improvements that collectively meet the cost-effectiveness requirements established in subsection (A); or (3) The proposed renewable energy measure is part of a package of energy efficiency improvements projected, as calculated by the applicant’s energy auditor, to elevate the home to a score of 7.5 on the ENERGY STAR Home Energy Yard Stick or that result in at least a 25 percent improvement in the energy performance of the applicant’s home. E. Specialized systems, may qualify if they meet the following requirements. (1) In the case of wind energy systems, the application must include an analysis and site plan by the renewable energy project provider or consultant estimating the annual generation of the system based on the characteristics of the site and specified turbine, or equivalent as defined by the Director in the Program Plan. (2) Solar water hearing systems application must be certified by the Solar Rating Certification Corporation, or equivalent as defined by the Director in the Program Plan. (3) Wood, pellet, or biomass heating systems must meet Washington State emission standards, codified at Wash. Admin. Code Sections 173-433-100 and 173-433-130, and be included on that state’s approved list of stoves, or equivalent as defined by the Director in the Program Plan. (4) Specifications and requirements for renewable energy systems not included in this regulation must meet the requirements specified by the Director in the Program Plan. All eligible homes must be located within Montgomery County. Properties eligible for a HELP loan include both existing attached and detached single family homes and condominium units. If the property for which the loan is requested is a condominium, the work to be performed must be limited to the parts of the building that are under the exclusive control of the property owner. All applications for loans for energy efficiency improvements and renewable energy measures must include a comprehensive home energy audit. The home energy audit must satisfy the following requirements: A. Audits must be based on the HPwES process developed, promoted and monitored by the U.S. Environmental Protection Agency’s ENERGY STAR Program. (1) Auditors providing services must be registered energy auditors as defined in Section VII of these regulations and the Program Plan. (2) Home energy audits must be based on the Building Performance Institute’s (BPI) audit requirements as included in the certification program for building analysts. Auditors must remain current in their skills as required under both the federal HPwES program and its state-level counterpart implemented by MEA. Auditors and contractors must comply with standards adopted by EPA, MEA, or the HPwES sponsor within one year after adoption. The Director may amend requirements where MEA, HPwES sponsor or EPA standards are inconsistent. (3) Alternatives to BPI certification may be accepted, if they are deemed equivalent by the EPA under the HPwES program, and accepted by the applicable HPwES sponsor. (4) Audit analysis must be conducted using software accepted by HPwES. (5) A formal test-out procedure, including application of a blower door test, must be conducted by the energy auditor after the installation of energy efficiency improvements. (6) In the case of a lapse in both the MEA’s HPwES program and utility sponsorship of HPwES programs, the Director will recommend whether the County should engage in a HPwES sponsorship as a local government. B. In order for the home energy audit to be eligible for the Program, it must comply with HPwES requirements and must also: (1) Identify a package of cost-effective energy efficiency improvements or renewable energy measures that meet the requirements of subsection (A) and, at the request of the applicant, identify a package of cost-effective energy efficiency improvements or renewable energy measures that are projected to yield annual energy savings greater than the annual principal and interest payment for the improvements; (2) Provide projected energy savings from energy efficiency improvements or renewable energy measures to be financed under the program; (3) Address all major fuel sources used in the home; (4) Identify any public or private financing mechanism that can be used to implement energy efficiency improvements or renewable energy measures (e.g., property tax credits, federal tax credits, and utility inicentives); (5) Include, or link to, program application and educational materials; (6) Disclose any business relationship where an auditor specifies a contractor, manufacturer, vendor or service provider; and (7) Adhere to any additional requirements identified in the Program Plan. C. An applicant may utilize an audit performed within the 12 months preceding the effective date of this regulation if the audit satisfies all the requirements of subsection (A) and (B). A. In order to deliver services to homeowners under the Program, all auditors, contractors, and renewable energy product providers must register with the County or its designee, and agree to the requirements in Section VI(B) as defined in the Program Plan. B. Energy auditors must: (1) Use the cost-effectiveness calculations and methods identified in Section IV(D) of this regulation; (2) Deliver audits adhering to the requirements of Section VI; (3) Adhere to Program marketing and customer education requirements developed by the County and published in the Program Plan; (4) Agree to provide a test-out, including all diagnostics prescribed by the HPwES program, within 14 days after receiving a request from the consumer; and (5) Adhere to all other requirements and conditions specified by the Director in the Program Plan. C. Contractors and energy auditors performing energy efficiency improvements must: (1) Maintain an active home improvement contractor’s license issued by the Maryland Department of Labor, Licensing and Regulation; (2) Possess, in the case of Contractors providing air-sealing services, a valid BPI Envelope Professional certification; (3) Adhere to any Program marketing and customer education requirements developed by the County; (4) Agree to take all reasonable measures to resolve complaints; and (5) Adhere to all other requirements and conditions specified by the Director in the Program Plan. D. Renewable energy product providers must: (1) Use cost-effectiveness calculations and methods identified in Section IV (D) of this regulation; (2) Maintain an active home improvement contractor’s license issued by the Maryland Department of Labor, Licensing and Regulation; (3) Adhere to Program marketing and customer education requirements developed by the County; (4) Agree to take all reasonable measures to resolve complaints; and (5) Adhere to all other requirements and conditions specified by the Director in the Program Plan. E. All auditors, contractors, and product providers must comply with all applicable permitting and licensing requirements mandated by the County, state and, if applicable, the municipality. F. The County may charge fees for registration of auditors, contractors, and renewable energy product providers sufficient to offset its administrative costs. Fees will be specified by the Director and documented in the Program Plan. G. The County may revoke the registration, and eligibility to participate in the Program if a provider fails to comply with the requirements of this Section. However, the County will not guarantee, warranty, or be responsible for the qualifications or performance of any auditor, contractor, or product provider in connection with any home improvement or measure paid for under the Program. HELP loans and repayment are a lien on the borrower’s property that conveys with the property. Therefore, if title to the property is transferred, the obligation for payment of the loan transfers with the property to the new owner. A. Financial Eligibility (1) The applicant must be the owner of record of the property. The County, or its designee, will perform a title search for each application. (2) The total amount of HELP loans outstanding on each property must not exceed the maximum described in subsection (C) (4). (3) All real property taxes due and owing on the property must be paid in full. Any property that is in tax sale or has liens against the property, other than mortgage liens, will not be eligible for a HELP loan. (4) Applicants must meet the credit eligibility standards of the Program described, in subsection (B). B. Credit Standards (1) An applicant must not have any outstanding debts owed to the County or the State of Maryland. In addition an applicant must be current on any mortgage or deed of trust debt on the property. (2) An applicant must have paid all real property taxes on the property on time for the previous three years. If the applicant has owned the property for less than three years, the applicant must be up to date on all real property taxes and must not have defaulted on taxes for any real property owned in the County in the three years prior to the application. (3) The applicant must not be in bankruptcy. (4) A property must have sufficient equity, based on the assessed value, to cover the amount of HELP loans, less any mortgage or deed of trust liens against the property. C. Loan Terms (1) All loan must be paid in annual installments over 15 years. (2) The interest rate on loans will be based on the County’s cost of funds, as determined by the Director of Finance, used to capitalize the program plus any costs of administration, loan processing, Program marketing and any required reserve funds. (3) Origination and application fees may be imposed to cover the cost to the County, or its designee, of loan processing, appraisals, title search and other program operational costs. These costs will be non-refundable and identified in the Program Plan. (4) HELP loans are available in amounts not less than $2,500 and may not exceed 5 percent of property’s assessed value up to a maximum of $25,000. (5) Loan payments on all loans are due on September 30th of each year. The HELP loan payments are included on the annual real property tax bill. Borrowers that are permitted to pay their property taxes semi-annually will pay one-half of the loan payment amount by September 30th and the second half of the loan payment by December 31st of that same year. (6) Any payment delinquency after the due dates will be subject to collection through the County’s annual property tax lien sale. (7) The loan amount and any accrued interest are a first lien on the real property. Under Maryland law, delinquent amounts are collectable by suit or tax sale like all other real property taxes. In addition, interest and penalties accrue on the unpaid balance at the rate of 20 percent per annum. (8) A property owner may pay off the entire balance of a HELP loan at any time without penalty. A request for a pay-off balance must be made to the Montgomery County Department of Finance, Attn: Director of Finance. In order to pre-pay a HELP loan, all principal and accrued interest up to the payment date must be paid in full. (9) Partial annual loan payments are not accepted. However, a borrower may reduce the total amount of the principal owned by making a lump sum payment against the outstanding balance of the loan. The single payment will be applied first to interest owed and then to principal. A new loan balance will be calculated and the annual payment amount will be adjusted based on the new loan balance. Lump sum payments must be arranged through the Department of Finance. Lump sum payments may not be made in lieu of the regular annual payment. (10) The property owner must disclose, in the initial application and with the request for loan disbursement, the amount of any energy efficiency or renewable energy incentives received from both public and private sources. The total HELP loan for which the applicant is eligible will be reduced by that amount. D. Application Process (1) HELP loan applications must be completed and submitted to the Department of Finance, the Department of Environmental Protection, or their designee, as described in the Program Plan. Applications must include the following: (a) Completed application form; (b) Copy of audit report clearly indicating auditors recommended actions and annual energy savings; (c) Estimate of total project costs; (d) Principal amount requested by the applicant; (e) Names and contact information of all auditors, contractors and renewable service product providers involved in the project; (f) Application fees; (g) Releases necessary to process the application, including information to: (i) establish credit-worthiness; and (ii) request energy usage history from applicant’s utilities; and (h) Acknowledgement from the applicant that the applicant has reviewed all existing loan documents applicable to the Property and the applicant has verified that entering into a HELP loan agreement, which requires consenting to an assessment levied against the Property for repayment of the loan, will not constitute a default under any existing security instrument. (i) Acknowledgement by the applicant of Program terms and conditions, including agreements from contractors to comply with all applicable federal, state, and local laws. (j) The application must include the following disclaimer in bold print: “Before completing a HELP loan application, a property owner should carefully review any mortgage agreement(s) or other security instrument(s) which affect the property or to which the property owner is a party. Entering into a HELP loan contract without the consent of the owner’s existing lender(s) could constitute an event of default under such agreement(s) or security instruments. Defaulting under an existing agreement or security instrument could have serious consequences to the property owner, which could include the acceleration of the payment obligations due under such agreement or security instrument. In addition, upon resale or refinancing of the property, a lender may require that the loan be paid off prior to funding any refinancing or purchase money mortgage.” (2) The applicant will receive a confirmation from the County, or its designee, concerning the disposition of the loan application. If the loan is approved, the confirmation notification will indicate the terms and conditions of the loan. The applicant must acknowledge the confirmation notification, agree to the terms and conditions of the loan, and return the document to the County or its designee. (3) If the HELP loan application is not approved, the applicant may seek a reconsideration of the decision from the Director of Finance. Any request for reconsideration must be in writing and must include the reasons for the request. A request for reconsideration must be made within 14 days after notification that the loan application was not approved or the Director’s decision becomes final. (4) The terms of disbursement, as described in subsection (E) must be included in the application to the Department of Finance. E. Disbursement of Loan Funds All projects must be completed within 180 days after the Director of Finance approves the HELP loan, unless an extension is granted. The borrower and the auditor, contractor, or renewable energy product provider (collectively, the parties) must agree to how payments for work will be disbursed at the time that they agree on the scope and price of the work. Those terms may include a single payment or up to three progress payments depending on the scope of work and the mutual agreement between the parties. (1) Smaller projects that can be completed in less than 14 days from the date of approval will qualify for a single payment and are subject to the following requirements: (a) The borrower must certify that the work is acceptable within 14 days after completion; or test-out, if applicable. (b) The borrower must notify the Director of Finance within 14 days after project completion or test-out if there is a dispute between the parties. The parties will have 45 days from the date of project completion or test-out to resolve the dispute. (c) If the borrower certifies satisfactory completion of the work under subparagraph (a) the County will pay the auditor, contractor or renewable energy product provider. If no certification is received or the parties have not resolved their dispute as required in subparagraph (b) the County will pay the applicable auditor, contractor, or renewable energy product provider. (2) Projects larger in scope that will take more than 14 days to complete may qualify for progress payments to the auditor, contractor, or renewable energy product provider. (a) The Director of Finance will authorize a payment of 30 percent of the contractor estimated costs upon approval of the loan application. (b) The Director of Finance will authorize a second progress payment if agreed to by the parties to the contract at a pre-determined event during installation. That event must be identified in the contract between the parties. The borrower must contact the Department of Finance, as specified in the Program Plan, to authorize payment. The second progress payment will be 40 percent, unless the contract provides for a different amount. (c) a final progress payment will be made to the auditor, contractor, or renewable energy product provider at the time of project completion. (d) The borrower must certify, as specified in the Program Plan, that the work is acceptable within 14 days after completion or test-out, if applicable. (e) The borrower must notify the Director of Finance, as specified in the Program Plan, within 14 days after project completion or test-out if there is a dispute between the parties. The parties will have 45 days from the date of project completion or test-out to resolve the dispute. (f) If the borrower certifies satisfactory completion of the work under subparagraph (d) the County will pay the auditor, contractor, or renewable energy product provider. If no certification is received or the parties have not resolved their dispute as required in subparagraph (e) the County will pay the applicable auditor, contractor, or renewable energy product provider. F. Post-Loan Administration (1) Beginning the first tax levy year following the first disbursement of HELP loan funds, the annual HELP loan payment will appear on the property owners’ annual real property tax bill. (2) After final payment of the HELP loan to the County, the loan payment will be removed from the annual real property tax bill. (3) Delinquent loan payments may be collected through the Annual Tax Lien Sale or by any other means authorized by law. (4) In the event of a foreclosure by a lending institution during the life of the loan, only the amount due or delinquent, including accrued interest, fees, charges, or penalties, must be paid at the time of forerclosure. A. If the borrower transfers title to the property, the borrower (grantor) must disclose to the new owner (grantee) that the grantee must continue to repay the HELP loan through the annual real property tax bill. The required disclosure must occur in accordance with the grantor’s obligation to disclose real property tax information to new owners of property, as described in Section 40-12C of the Montgomery County Code. Disclosures must include: 1. The estimated full-year property tax bill that a grantee would be obligated to pay in the next full tax year after the property is transferred; and 2. The existence of the HELP loan and that the obligation to repay the HELP loan transfers with the property, the original purpose of the loan, the maturity date of the loan, the annual payment amount, and the approximate pay-off. B. The disclosure described in subsection (A) must also be given to the grantee before transfer of title to the property and the grantee must sign a statement indicating that the grantee understands that the HELP loan is being assumed, that the grantee will be responsible for future payments, and that failure to make future payments could result in the property being included in the County’s Annual Tax Lien Sale. The County Executive will provide a report to the County Council before the formal launch of the Program, and by July 1 each year thereafter, documenting Program performance and financial information. The report will include, where applicable: A. Interest rates and fees that apply to Program borrowers and other participants, including a description of how these fees were established and justification for any changes; B. Financial report-out including Program fund balances, revenues, expenditures, and reserves; C. Number of projects executed, dollars loaned; and D. Estimated energy and cost savings to borrowers. If a court holds that a portion of this regulation is invalid, the other portions remain in effect. This regulation takes effect upon approval by the County Council. MONTGOMERY COUNTY CODE CHAPTER 18A, ARTICLE 6 BUILDING ENERGY USE BENCHMARKING AND PERFORMANCE STANDARDS

Authority. In accordance with the authority conferred under Chapter 18A, Section 18A-43A, of the Montgomery County Code, 2014, as amended (hereinafter referred to as the “Code”), the County Executive hereby promulgates this regulation to implement County law pertaining to building energy performance standards for covered buildings. Definitions of the terms used in the regulation are provided in Section 18A-38A of the County Code. For the purpose of this regulation, the following additional words and phrases will have the meaning respectively ascribed to them in this regulation: A. Area-weighted final performance standard means a final performance standard that is calculated based on the floor area proportion of each building type within a covered building, as reported in the benchmarking tool. B. Cost-effective energy improvement measures mean: (1) circumstances in which the simple payback of the energy improvement measure is less than or equal to the effective useful life of the measure based on a broadly accepted industry standard approved by the Director, after considering all possible incentives and including avoided penalties for non-compliance with Article 6 of Chapter 18A at the time of building performance improvement plan submission; or (2) for specially designated buildings, circumstances in which the simple payback of the energy improvement measure is less than or equal to the effective useful life of the measure based on a broadly accepted industry standard approved by the Director or is 10 years or less, whichever is less, after considering all possible incentives and including avoided penalties for non-compliance with Article 6 of Chapter 18A at the time of building performance improvement plan submission . C. Economic infeasibility means circumstances in which the interim or final performance standard cannot be met by implementing a package of cost-effective energy improvement measures. D. Energy improvement measure means any installation or modification of equipment, devices, or other materials intended to decrease energy consumption or improve energy performance of a covered building. E. Final performance standard deadline means the end of the calendar year used to compare each covered building’s performance metric to its final performance standard as defined in Section 18A-42(d)(3) of the County Code. F. Full-time equivalent employee means the sum of employees or occupants occupying the building for 40-person hours per week/2080-person hours per year, exclusive of security guards, janitors, construction workers, landscapers, and other maintenance personnel. F. kBtu means thousand British thermal units. G. Interim performance standard deadline means the end of the calendar year used to compare each covered building’s performance metric to its interim performance standard as defined in Section 18A-42(d)(3) of the County Code. H. Local small business means local small business as defined in Section 11B-65 of the County Code. I. Mixed-use building means a building that contains two or more building types. J. Normalized site energy use means the site energy use by the covered building normalized for weather and other characteristics within the limits of the capabilities of the benchmarking tool and normalized for other factors as determined by the Department. K. Onsite renewable energy system means a renewable energy system physically located on the covered building or covered building site that produces renewable energy. L. Renewable energy allowance means all electricity generated from onsite renewable energy systems. M. Renewable energy means electricity generated from a source that is not depleted when used. N. Simple payback means the estimated initial energy improvement measure cost divided by the energy improvement measure’s calculated annual cost savings. O. Specially designated building means a qualified affordable housing building, a common-ownership community, a multifamily building subject to rent stabilization under Section 29-58 of the Code, a non-profit owned building, or a local small business owned building. A. Building type categories mean property types as defined in the benchmarking tool. B. If a building type is designated as “Other” in the benchmarking tool or if evidence suggests that the incorrect building type was entered into the benchmarking tool, the Department will assign the most accurate building type. The Department must reassign a building type that the Department determines to be more accurate based on available data. The owner will have the opportunity to dispute the building type after the Director’s decision on the building type. C. The Department has the final authority to assign a building type to a covered building. A. The following table sets forth the building types and the final performance standard for each building type. If additional building types are created or changed in the benchmarking tool, the Department must set performance standards for those building types based on best available local and national data and update the building types and standards on the Department’s Building Energy Performance Standards website. Building Type | Final Performance Standard (kBtu/gross floor area) B. If a covered building consists of one building type, then its final performance standard is the final performance standard for the building type in which it belongs. A. Mixed-use covered buildings have an area-weighted final performance standard based on the gross floor area (GFA) assigned to each building type. B. The Department will calculate an area-weighted final performance standard for mixed-use covered buildings based on the gross floor area of each property type reported in the benchmarking tool, excluding parking, and each building type’s final performance standard. The following formula illustrates this calculation: EUI AW = | [( GFA 1 x EUI 1 ) + ( GFA 2 x EUI 2 ) + ... + ( GFA n x EUI n )] ____________________________________________ GFA S Where: EUIAW is the area-weighted final performance standard of the covered building n = The total number of building types within the covered building GFAS is the sum of the gross floor area of all building types in the building GFA1 is the gross floor area of the largest building type within the covered building GFA2 is the gross floor area of the second largest building type within the covered building GFAn is the gross floor area of the nth largest building type within the covered building EUI1 is the final performance standard for the building type corresponding to GFA1 EUI2 is the final performance standard for the building type corresponding to GFA2 EUIn is the final performance standard for the building type corresponding to GFAn 1 C. The Department provides covered buildings with heated swimming pools with a pool adjustment based on current or successor benchmarking tool estimates of heated swimming pool site energy use using the following formula: For covered buildings that consist of one building type: Pool-adjusted final performance standard = | [( Final performance standard x Building GFA ) + ( pool kBtu adjustment )] _______________________________________________________________ Building GFA For mixed-use covered buildings that have an area-weighted final performance standard: Pool-adjusted final performance standard = | [(Area weighted final performance standard x Building GFA) + (pool kBtu adjustment )] _____________________________________________________________________ Building GFA D. For any additional adjustments to final performance standards for covered buildings, the Department will follow current or successor benchmarking tool guidance and update the Department’s Building Energy Performance Standards website. E. The Department calculates final performance standards based on the covered building’s most recent annual energy use benchmarking report. If a building’s type changes from the prior benchmarking report, then the Department will provide the owner with updated standards to align to the updated square footage breakdown following annual energy use benchmarking. A. Except as described in subsection C, if a covered building consists of one building type, then its final performance standard is the final performance standard for the building type in which it belongs as described in Section 18A.43A.01.04. B. Except as described in subsection C, if a covered building is made up of a mix of building types, then its final performance standard is determined as described in Section 18A.43A.01.05. C. A covered building’s final performance standard will not require a reduction of greater than 30% from the covered building’s performance baseline. A. The Department calculates a covered building’s interim performance standard as halfway between the covered building’s performance baseline and its final performance standard. B. If a covered building’s performance baseline is already below its final performance standard, the covered building’s interim standard is equal to its final performance standard. A. The Department will provide covered buildings with parking that is not sub-metered and included as part of the building energy use benchmarking report with a parking adjustment to the building’s normalized site energy use by deducting current or successor benchmarking tool estimates of parking site energy use. The Department calculates parking adjusted normalized site energy use as normalized site energy use minus the benchmarking tool estimates of parking site energy use. B. The Department will provide buildings with electric vehicle (EV) charging stations that are not sub-metered and included as part of the building energy use benchmarking report with an electric vehicle charging station adjustment to the building’s normalized site energy use by deducting current or successor benchmarking tool estimates of electric vehicle charging station energy use. The Department calculates EV charging station adjusted normalized site energy as normalized site energy use minus benchmarking tool estimates of electric vehicle charging station energy use. C. For any additional adjustments to normalized site energy use, the Department will follow current or successor benchmarking tool guidance and update the Department’s Building Energy Performance Standards website. D. The Department will calculate normalized site energy use annually based on the covered building’s energy use benchmarking report. A. The renewable energy allowance will credit all electricity generated from onsite renewable energy systems, whether used onsite or exported back to the grid. B. Owners of covered buildings must follow the guidance of the benchmarking tool to report renewable energy produced by the onsite renewable energy system. To receive a renewable energy allowance, inputs must include: 1. grid energy sent to the building; 2. total renewable energy generated on site; 3. renewable energy used on site; and 4. any renewable energy generated on site and exported back to the grid. C. Entering net-grid delivered electricity alone is not sufficient for energy benchmarking or to calculate a renewable energy allowance. A. Covered buildings must demonstrate compliance with the interim and final performance standards by reporting building energy use benchmarking data to the Department using the benchmarking tool. B. The Department will determine compliance by comparing the covered building’s performance metric to the interim or final performance standard for each covered building. C. Each covered building’s performance metric accounts for the renewable energy allowance, using the following formula: EUI PM = | ( EU N - REA ) ______________ Building GFA Where: EUIPM is the performance metric, expressed in kBtu per square foot EUN is normalized site energy use, expressed in kBtu, including any normalization as described in Section 18A.43A.01.08 REA is the renewable energy allowance, expressed in kBtu as described in Section 18A.43A.01.09 Building GFA is the covered building’s gross floor area D. The Department will consider a covered building to be in compliance with this Section if the covered building’s performance metric is at or below the covered building’s interim or final performance standard at the covered building’s interim or final performance standard deadline as applicable. A. If a covered building owner cannot reasonably meet one or more of the applicable interim or final performance standards due to economic infeasibility or other circumstances beyond the owner’s control, the owner may submit a proposed building performance improvement plan to the Department. B. Circumstances outside the owner’s control may include characteristics inherent to the building or the building’s operations or may involve timing events in the building’s equipment lifecycles, occupancy, or financing A. The owner must submit, on a form prescribed by the Director, a building performance improvement plan to the Department no later than 90 days before the deadline for submitting documentation of compliance with interim or final performance standards as applicable. B. A building performance improvement plan must satisfy all of the following the requirements: 1. The plan must include supporting documentation that demonstrates economic infeasibility or circumstances outside of the owner’s control preventing the building from reaching the interim or final standard. 2. The building performance improvement plan must include the results of an energy audit that was performed not more than four years earlier that follows the Level 2 Procedures defined in the most current version of ASHRAE Standard 211, or a comparable standard as approved by the Director, and contains engineering calculations of energy savings and a simple payback analysis of each potential energy improvement measure covering, at a minimum: (a) operational improvements; (b) low and no-cost energy improvement measures; (c) retro-commissioning or recommissioning of existing equipment that is planned to remain in service past the final performance standard deadline; and (d) replacement of existing equipment that is planned to be replaced before the final performance standard deadline. 3. The plan must contain an assessment that evaluates the initial cost and annual energy savings of potential energy upgrades that include: (a) replacement options of existing equipment that is planned to remain in service past the final performance standard deadline; (b) electrification feasibility for replacement of fossil fuel combustion equipment; and (c) onsite renewable energy systems. 4. The plan must be completed by a recognized energy auditor that possesses an active credential in good standing of one of the following: (a) a credentialing program approved by the U.S. Department of Energy Better Buildings Workforce Guidelines for Building Energy Auditors or Energy Managers; (b) a Professional Engineer license; or (c) another professional license or building energy training program credential recognized by the Director. C. The building performance improvement plan must contain a retrofit plan identifying the cost-effective energy improvement measures to be implemented in the building, the calendar year or qualifying event during which such energy improvement measures will be made, and the predicted annual energy savings resulting from implementing the energy improvement measures. The retrofit plan must also: 1. address all building systems, including, where applicable, envelope, heating, cooling, ventilation, domestic hot water, lighting and electrical, elevators, motors, and pumps; 2. if applicable, address building systems located in tenant spaces owned and maintained by the owner; 3. detail energy improvement measures that include operational improvements, equipment retro-commissioning or recommissioning, and equipment replacement; and 4. consist of a package of cost-effective energy improvement measures that maximize energy savings. D. The building performance improvement plan must include an executive summary in a form approved by the Director. E. The plan must acknowledge, on a form approved by the Director, that to demonstrate ongoing compliance, the building owner must fulfill the requirements contained in Section 18A.43A.01.13 and that an accepted building performance improvement plan does not guarantee compliance with State building energy performance standards. A. The Director must evaluate a building performance improvement plan based on the completeness of materials submitted and the resulting energy savings, taking into consideration the factors of economic infeasibility or circumstances beyond the owner’s control documented in the building performance improvement plan. B. The Director may require that additional systems and measures be assessed and included in the retrofit plan if determined to be cost effective or that additional documentation be provided. The building owner may then submit an updated building performance improvement plan that addresses the Director’s requirements for review. C. If, after consulting with the Building Performance Improvement Board, the Director approves the building performance improvement plan, the owner must record the building performance improvement plan as a covenant in the County land records and deliver a certified copy of the building performance improvement plan to the Department. In accordance with Section 40-10B(a)(3)(C) of the County Code, before a buyer signs a contract for the sale of a covered building the seller must provide the building performance improvement plan to the prospective buyer. D. If the Director does not approve the plan, the Director must provide the applicant with a written summary of the grounds for denying the building performance improvement plan and the covered building owner must either submit a new building performance improvement plan that satisfies the Director’s written conditions as described in subsection B or satisfy the applicable interim or final standard or be considered noncompliant. A. After the Director receives the certified copy of the recorded plan, the covered building will be deemed to be in compliance with the applicable interim or final performance standards as long as the owner fulfills the terms of the building performance improvement plan. B. Building owners must demonstrate fulfillment of the terms of the building performance improvement plan by reporting annually on June 1, on a form prescribed by the Director, on energy improvement measures implemented and of the progress of the building improvement plan in the previous calendar year. C. Annual building performance improvement plan reporting must also provide information on correcting any noncompliance with or deviation from the plan. D. The owner must notify the Director if schedules or measures identified within the building performance improvement plan change. If there is a change, the Director may require revisions to the building performance improvement plan under the process described in Section 18A.43A.01.13.B and C. E. If the building owner has used a building performance improvement plan to comply with the interim performance standard, all energy improvement measures in the retrofit plan with a simple payback of 5 years or less must be implemented before the Department will approve a subsequent building performance improvement plan for compliance with the final standard. F. If, by the final performance standard deadline, the building’s performance metric is below the final performance standard, or the building has fulfilled all of the requirements of the approved building performance improvement plan, the building owner may submit to the Department a request to terminate the covenant recorded under Section 18A-42B(d) of the County Code for review and approval. If approved by the Department, the County will release the covenant. G. If the covered building has not fulfilled the requirements of the approved building performance improvement plan by the final performance standard deadline, the owner must continue to submit annual building performance improvement plan reports as described in subsection B and C. In addition to the extensions and adjustments criteria listed in Section 18A-42C of the County Code, the Department may grant an extension to an interim or final performance standard for a covered building whose owner submits a request along with documentation at least 90 days before the deadline for submitting documentation of compliance with an interim or final performance standard as applicable if any of the following conditions apply: A. on average, less than one full-time equivalent employee occupied the building during the calendar year being reported; B. a change of building ownership where the new building owner cannot obtain necessary data to submit the energy use benchmarking report for the year culminating in the applicable interim or final performance standard deadline; C. affordable housing refinancing timelines or low-income housing tax credit availability timelines that do not align with interim or final performance standard deadlines as applicable; or D. a building is subject to historic preservation requirements. If a court holds that part of this regulation is invalid, the invalidity does not affect other parts.