Definitions. In this section, the following words have the meanings indicated:
All-electric building means a public or private building that contains no combustion equipment, or plumbing for combustion equipment, installed within the building or building site.
Combustion equipment means any equipment or appliance used for space heating, service water heating, cooking, clothes drying and/or lighting that uses fuel gas or fuel oil.
New construction means the construction of any new stand-alone building, with no remnants of any prior structure or physical connection to existing structures or outbuildings on the property.
(b) Standards. The County Executive must issue Method (1) regulations to establish all-electric building standards for all new construction as part of the building code.
(1) The regulations must include a code modification process. A code modification must only be granted if the resulting building is carbon-neutral or net-zero.
(2) The regulations may include additional exemptions not listed in section 8-14D(c) if all-electric building standards cannot be applied to the system or use due to practical difficulty or undue hardship.
(c) Exemptions. All-electric building standards do not apply to:
(1) the emergency backup systems of buildings that require an emergency system and hence backup power;
(2) buildings primarily used by a utility regulated by the Maryland Public Service Commission for the generation of electric power or steam;
(3) buildings used to treat sewage or food waste;
(4) commercial kitchen equipment in an eating and drinking establishment that satisfies the requirements of Chapter 15;
(5) gas-powered fireplaces and gas-fired outdoor grills;
(6) applications for building permits submitted to the Department prior to the effective date of the regulation;
(7) district combined heat and powers facilities; and
(8) buildings used for the following uses, as defined in Chapter 59:
(A) Manufacturing and Production uses;
(B) Crematory;
(C) Life Sciences;
(D) Hospital; and
(E) Farming and Farm Alcohol Production.
(d) Reports.
(1) The County Executive must submit a report to the County Council regarding the system capacity needs and investments required for an all-electric building code standard no later than September 30, 2024, and not before December 1, 2023. This report must include a review of any studies issued by the Public Service Commission and should include information provided by the utility companies that service Montgomery County.
(2) The Department of Permitting Services must arrange for an annual audit that assesses a representative sample of new construction that complies with this section. The audit must include the number of applications submitted for new construction, the number of waivers granted, current electric rates for consumers, and an analysis of any alternative energy sources used. A complete copy of the audit findings must be submitted to the County Council on June 1 each year, beginning June 1, 2028. (2022 L.M.C., ch. 38, §1; 2023 L.M.C., ch. 21
, § 1.)
Editor’s note—2022 L.M.C., ch. 38, §§ 2 and 3, as amended by 2023 L.M.C., ch. 21
, § 1, state: Sec. 2. Effective Date. The County Executive must issue all-electric building standards for new construction no later than December 31, 2026.
Sec. 3. All-Electric Transition. Section 8-14D(b) of this Act must not apply to building permit applications submitted before December 31, 2027, for: (1) housing development projects where 50 percent or more of the dwelling units are moderately priced dwelling units as defined by Chapter 25A, or a similar instrument with a federal, state, or local government for the creation or preservation of income-restricted or market-rate affordable housing; (2) public or private schools; or (3) residential buildings with four or more stories.