By: Stuart R. Barr
Lerch, Early & Brewer's Legal Update
September 2008
Regardless of whether you believe human activity is the cause, climate change is upon us. Rising energy prices also are a fact of daily life. These and other forces are driving a green movement that is front and center in discussions, publications and legislation, particularly in Montgomery County.
Montgomery County's citizens and government have always stressed environmental stewardship. From the County's Agricultural Reserve to its environmental regulations and to its emphasis on open space and transit use, environmental consciousness has always been a top priority for Montgomery County. Over the past several months, the county has made headlines for expanding its recycling program, proposing amendments to its forest conservation law, and adopting regulations for the County's green building law which went into effect September 1, 2008. Consistent with this long-standing tradition, on Earth Day last April, the Montgomery County Council passed seven bills aimed at comprehensively addressing global warming at the local level.
The highlights of the bills include:
- Creating a Sustainability Working Group charged with conducting an inventory of County generated greenhouse gas emissions and preparing a Climate Protection Plan to reduce Countywide greenhouse gas emissions by 80 percent by the year 2050.
- Requiring new homes by January 2010 to meet the Environmental Protection Agency's Energy Star standards (i.e., homes that are at least 15 percent more energy efficient than standard homes) by January 2010.
- Evaluating the County's vehicle fleet for fuel efficiency and evaluating the use of biodiesel, telecommuting, and car share programs.
- Developing an energy baseline, energy unit savings plan, and energy cost savings plan for County buildings.
- Preparing a renewable energy action plan evaluating options to increase the adoption of renewable energy in the County.
- Analyzing cap and trade programs, incentives to increase the energy-efficiency of privately owned buildings, and methodologies for the conversion of the fuel energy tax to a carbon tax.
- Identifying opportunities to increase sequestration of greenhouse gases, including a Tree Canopy Initiative for increasing the County's tree canopy; and
- Developing an education and outreach plan to educate County residents about global climate change.
The County has set ambitious goals and has requested a considerable amount of analysis and recommendations. An impressive collection of 26 public and private sector experts were assembled to lead the sustainability working group, which commenced its meetings in September 2008. The group is tasked with completing a draft Climate Protection Plan by January 2009.
What will all of this mean to real estate professionals, particularly in the development industry? Developers already must consider a host of environmental regulations and factor the cost of compliance with those regulations into their plans. But expect the shade of green in Montgomery County to turn even brighter. We suspect that the recommendations from the Sustainabiity Working Group will be aggressive, and over time, the County will expect more from developers in the way of green buildings and green communities. The Montgomery County Planning Board now must assess each County master and sector plan's impact on greenhouse gas emissions, and sustainability and superior design will be top priorities.
Stuart R. Barr practices in the areas of land use, planning, zoning, historic preservation, administrative law, and real estate. He can be reached at (301) 961-6095 or srbarr@lerchearly.com.
