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. (2014 L.M.C., ch. 9, § 1.)

ARTICLE 2. CLIMATE PROTECTION.

Sec. 18A-12. Definitions.

   In this Article, the following words have the meanings indicated:

   Cap and trade program means a program that places a limit on the aggregate net greenhouse gas emissions of the participants, while allowing the transfer or sale of greenhouse gas emission allowances.

   Carbon dioxide equivalent means a given weight of a greenhouse gas that has the same global warming potential, measured over a specified time, as a given weight of carbon dioxide.

   Climate Protection Plan means the plan to reduce the level of Countywide greenhouse gas emissions prepared under Section 18A-15.

   Countywide greenhouse gas emissions means the total annual greenhouse gas emissions in the County, measured in tons of carbon dioxide equivalents, including all emissions from electricity generated outside the County but consumed in the County.

   Department means the Department of Environmental Protection.

   Director means the Director of the Department or the Director’s designee.

   Greenhouse gas includes carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, and any other gas or substance the Director finds to be a significant contributor to global warming.

   Home Energy Score means an evaluation of the energy efficiency of a home using the process developed by the United States Department of Energy.

   Sustainability means the creation and maintenance of conditions under which humans and nature can exist in productive harmony and permit fulfilling the social, economic, and other requirements of present and future generations. (2008 L.M.C., ch. 9, § 2; 2014 L.M.C., ch. 15, § 1.)

Sec. 18A.13. Department of Environmental Protection – Office of Sustainability.

   (a)   Created. There is an Office of Sustainability in the Department of Environmental Protection.

   (b)   Duties. The Office must:

      (1)   promote residential energy efficiency and renewable energy programs through direct collaboration with homeowners, renters, property managers, real estate agents, and others to support:

         (A)   auditing and assessment of residential properties, including evaluating whether the County should require a Home Energy Score to be conducted before the sale of single-family home;

         (B)   energy efficiency retrofits;

         (C)   utilization of available incentives from government, utilities, and the private sector;

         (D)   utilization of clean energy technologies and purchasing of clean energy; and

         (E)   healthy indoor air education programs;

      (2)   promote commercial and multi-family energy efficiency and renewable energy programs through collaboration with commercial and multi-family property owners, managers, and industry associations to support:

         (A)   benchmarking and assessment of commercial and multi-family properties;

         (B)   energy efficiency retrofits;

         (C)   utilization of available incentives from government, utilities, and the private sector, including alternative financing programs such as the Property Assessed Clean Energy program; and

         (D)   utilization of clean energy technologies and purchasing of clean energy;

      (3)   support green business development by:

         (A)   expanding the Montgomery County Green Business Certification Program;

         (B)   evaluating and promoting other robust third party green certification and reporting programs;

         (C)   connecting residents and businesses to providers of green products and services; and

         (D)   fostering green business market opportunities;

      (4)   support tree and forest programs by:

         (A)   developing overall and individual tree canopy and planting goals to serve as a baseline for measuring success;

         (B)   connecting and informing the public about the County’s tree planting, preservation, and programs and providing information on tree planting techniques, tree care, species selection and related activities, through a website created for this purpose;

         (C)   developing and implementing a public engagement strategy to encourage community and individual tree planting on private and public lands and cultivating new partnerships in support of these activities; and

         (D)   compiling and disseminating information on the status of the County’s tree and forest resource on a regular basis;

      (5)   promote partnership development and civic engagement by:

         (A)   maintaining and leveraging partnerships with local community groups, civic organizations, HOAs and businesses to expand the County’s environmental educational reach

         (B)   organizing community-based environmental activities and outreach programs; and

         (C)   promoting the environmental programming and events of Montgomery County Public Schools, local colleges and universities, and other educational institutions in the County;

      (6)   provide data analysis and research in support of County sustainability goals and objectives by:

         (A)   maintaining data on County greenhouse gas emissions and building fuel energy consumption;

         (B)   reporting progress on meeting the greenhouse gas reduction goals in the 2009 Climate Protection Plan;

         (C)   evaluating options for a broader Countywide sustainability reporting framework;

         (D)   providing research on and analysis of emerging sustainability issues;

         (E)   providing any other data and analytical efforts in support of County’s sustainability objectives; and

         (F)   every 2 years, beginning on February 1, 2015, applying a scoring system designed to compare the County to other local jurisdictions on energy efficiency policies and programs; and

      (7)   prepare an annual report, as required in subsection (c).

   (c)   Annual report. By February 1 each year, the Office must submit to the County Council an annual report on:

      (1)   its activities, accomplishments, plans, and objectives;

      (2)   actions taken to implement the Climate Protection Plan, and whether the County is meeting the goals identified in the Climate Protection Plan as required under Section 18A-15;

      (3)   its activities to enhance tree canopy in the County; and

      (4)   the score established under paragraph (b)(6)(F). (2008 L.M.C., ch. 9, § 2; 2014 L.M.C., ch. 15, § 1.)

Sec 18A-14. Department of General Services – Office of Energy and Sustainability.

   (a)   Created. There is an Office of Energy and Sustainability in the Department of General Services.

   (b)   Duties. The Office must:

      (1)   develop an energy baseline, energy unit savings plan, and energy cost savings plan for the County’s building portfolio;

      (2)   develop a comprehensive plan to reduce the energy consumption and impact of fleet operations, which may include the use of alternative fuels, reductions vehicle miles traveled, improvements in vehicle efficiency, or vehicle electrification strategy;

      (3)   execute plans to use Energy Performance Contracting to improve the efficiency of County buildings, as authorized by the Director of General Services;

      (4)   develop and execute the County’s renewable energy plans, including the purchase of renewable energy and deployment of solar and other clean energy sources across County facilities,

      (5)   coordinate with the Office of Procurement to develop green and environmentally preferable purchasing plans;

      (6)   develop initiatives, plans, and projects to reduce the environmental impact of County operations and foster a culture of sustainability within the County Government; and

      (7)   prepare and submit data summarizing efforts to reduce the environmental impact of County operations to any annual Sustainability report prepared by the County Executive in collaboration with other Departments and Agencies.

   (c)   Annual report. By February 1 each year, the Office must submit to the County Council an annual report on:

      (1)   its activities, accomplishments, plans, and objectives;

      (2)   actions taken to reduce the energy consumption and impact of fleet operations;

      (3)   the use of biodiesel fuels in County vehicles, results of the sport utility vehicle inventory, and the average fuel economy for passenger vehicles and light trucks in the County fleet as required under Section 18A-23; and

      (4)   steps taken in the preceding year to implement the energy unit savings plan and energy cost savings plan for the County’s portfolio of buildings as required under Section 8-14B. (2014 L.M.C., ch. 15, § 1.)

Sec. 18A-15. Climate Protection Plan.

   (a)   Inventory. The Office of Sustainability in the Department of Environmental Protection may update the greenhouse gas emissions inventory to determine the amount of greenhouse gases emitted in the County and submit a written report on the inventory to the County Executive and County Council.

   (b)   Reduction of greenhouse gas emissions. The Office may update the County Climate Protection Plan. Any update should report the County’s progress on reducing Countywide greenhouse gas emissions to 80% below the amount of greenhouse gas emissions in the base year identified in the inventory prepared under subsection (a) by January 1, 2050, including any recommendations that would ensure a 10% reduction every 5 years through 2050.

   (c)   Climate Protection Plan. The Climate Protection Plan must:

      (1)   identify a strategy, including short-, mid-, and long-term goals to reduce Countywide greenhouse gas emissions to the levels required in subsection (b);

      (2)   explain how the Climate Protection Plan relates to the Energy Policy approved by the Council under Section 18A-3 and identify any recommended changes to the Energy Policy that are needed to implement the Climate Protection Plan;

      (3)   identify existing cap and trade programs and recommend whether the County should join a cap and trade program;

      (4)   identify ways to increase sequestration of greenhouse gases, including a Tree Canopy Initiative that contains a plan for increasing the County’s tree canopy;

      (5)   include an education and outreach plan designed to educate County residents and businesses about:

         (A)   global climate change;

         (B)   County efforts to reduce greenhouse gas emissions;

         (C)   sequestration of carbon; and

         (D)   best practices for reducing greenhouse gas emissions;

      (6)   include a strategy to achieve a significant improvement in the average County fleet fuel economy standards as required under Section 18A-20;

      (7)   identify a strategy to reduce vehicle miles traveled in the County; and

      (8)   estimate the time and resources necessary to implement the Climate Protection Plan.

   (d)   Preparation. In preparing any update to the Climate Protection Plan, the Office must:

      (1)   consider greenhouse gas emissions reduction programs in other jurisdictions;

      (2)   evaluate the potential costs and benefits of different options for reducing greenhouse gas emissions to the County’s economy, environment, health, safety, and welfare; and

      (3)   use the best available economic models, emissions estimating techniques, and other scientific methods.

   (e)   Annual report. The Office of Sustainability must submit a report to the County Executive and County Council by February 1 of each year that specifies:

      (1)   the actions taken to implement the Climate Protection Plan in the preceding fiscal year; and

      (2)   whether the County is meeting the goals identified in the Climate Protection Plan. (2008 L.M.C., ch. 9, § 2; 2014 L.M.C., ch. 15, § 1.)

   Editor’s note—Section 18A-15, formerly § 18A-14, was renumbered, amended and retitled pursuant to 2014 L.M.C., ch. 15, § 1.

   Editor’s note—Former Section 18A-15, Carbon tax, derived from 2008 L.M.C., ch. 9, § 2, was repealed by 2014 L.M.C., ch. 15, § 1.