Executive Regulation 17-23AM, Building Energy Performance Standards 

Review: The Council will review Executive Regulation 17-23AM, Building Energy Performance Standards (BEPS). The regulation would set numerical site Energy Use Intensity (EUI) performance standards for building groups, define how renewable energy will be incorporated into performance metrics and define the elements required in Building Performance Improvement Plans (BPIPs).  

The Transportation and Environment (TE) committee held seven discussions on Executive Regulation 17-23 over the past year. Following committee review, the Department of Environmental Protection (DEP) developed modifications to the regulation based on the feedback received and additional benchmarking information.  

The regulation is required by Bill 16-21, which expanded the number of buildings covered by existing benchmarking requirements, created a Building Performance Improvement Board and required energy performance standards to be established by regulation for covered buildings with a gross floor area of 25,000 gross square feet or greater.   

The Transportation and Environment (TE) Committee recommends approval.

• Bill 1-25, Emergency Medical Services Transport Insurance Reimbursement Program 
• Resolution to approve the Comprehensive Solid Waste Management Plan 2025-2034 

Bill 3-25, Homeowners' Tax Credit - County Supplement - Amendments  

Introduction: The members of the Government Operations and Fiscal Policy (GO) Committee will introduce Bill 3-25, Homeowners' Tax Credit - County Supplement – Amendments. The members of the GO Committee include Chair and Council President Kate Stewart and Councilmembers Andrew Friedson and Katz. Bill 3-25 would alter eligibility requirements to receive the County’s supplement to the Homeowners’ Tax Credit (HOTC) and alter the amounts of the County’s supplement to the tax credit.  

The state provides an HOTC which is available to real property owners on their principal residences when the owner has a combined income of less than $60,000 and a net worth of less than $200,000. The state HOTC applies to $300,000 of a home’s assessed value, and the amount of the credit varies based upon the income level of the homeowner.  

The state authorizes the County to grant a local supplement to the state HOTC. Currently, the County Supplement is available based upon the same criteria as the state HOTC. Bill 3-25 would increase the combined income eligibility level from $60,000 to $75,000. Additionally, it would increase the net worth criteria from $200,000 to $250,000. The bill also would increase the assessed value upon which the credit could apply from $300,000 to $375,000. 

A public hearing is scheduled for March 4.                                                      

Bill 4-25, Administration - Surveillance Technology - Acquisition and Use by the County 

Introduction: Lead sponsors Councilmembers Kristin Mink and Council President Stewart will introduce Bill 4-25, Administration - Surveillance Technology - Acquisition and Use by the County. The bill would require the submission of impact reports and the adoption of regulations prior to the acquisition, funding or use by the County of certain surveillance technology. In addition, Bill 4-25 would limit the acquisition and use of facial recognition technology by the County consistent with state law and require annual reports and public hearings regarding surveillance technology. The purpose of the bill is to establish a transparent process through which safeguards are put in place regarding the County’s acquisition and use of any new surveillance technology. 

Councilmembers Marilyn Balcombe and Dawn Luedtke are cosponsors of Bill 4-25. A public hearing is scheduled for March 18. 

Bill 5-25, Demolition Tax for Affordable Housing Production 

Introduction: Lead sponsor Councilmember Mink will introduce Bill 5-25, Demolition Tax for Affordable Housing Production, which would establish an excise tax on certain demolitions and renovations of single-family homes and specify the uses of tax revenues for affordable housing initiatives. The purpose of Bill 5-25 is to raise revenue for affordable housing initiatives in the County. The bill would create an excise tax on the activities of demolishing or partially demolishing a single-family home.  

Council Vice President Will Jawando is a cosponsor of Bill 5-25. A public hearing is scheduled for March 18.               

Bill 6-25, Consumer Protection - Defective Tenancies as Deceptive Trade Practices 

Introduction: Lead sponsor Councilmember Mink will introduce Bill 6-25, Consumer Protection - Defective Tenancies as Deceptive Trade Practices, which would expand the Office of Consumer Protection’s authority to investigate and enforce consumer protection laws in landlord-tenant matters that may include unfair or deceptive trade practices. The bill would expand the definition of person to include a landlord, clarify consumer goods and services include rental housing, remove the exemption for defective tenancies or complaints related to landlord-tenant matters and clarify the enforcement and penalties under the Montgomery County Code. The purpose of Bill 6-25 is to implement stronger protections for renters under the County’s consumer protection laws. 

Council President Stewart, Council Vice President Jawando and Councilmember Luedtke are cosponsors of Bill 6-25. A public hearing is scheduled for March 4. 

Bill 25-24, Contracts and Procurement - Prohibition Against Human Trafficking – Enforcement 

Vote expected: The Council is expected to vote on Bill 25-24, Contracts and Procurement - Prohibition Against Human Trafficking – Enforcement, which would require procurement bids and proposals to include certifications of compliance with human trafficking laws. Additionally, Bill 25-24 would prohibit County contractors and subcontractors from violating human trafficking laws and require County contractors and subcontractors to make certain disclosures regarding human trafficking charges, claims or violations. The bill would authorize debarment and other remedies for noncompliance with the law. The purpose of Bill 25-24 is to prohibit the County from working with contractors or subcontractors found to have violated state or federal human trafficking laws and establish meaningful penalties for active contractors found in violation of these laws. 

The lead sponsor of Bill 25-24 is Councilmember Luedtke. Councilmember Friedson, Council President Stewart and Councilmembers Katz, Evan Glass, Jawando, Gabe Albornoz and Laurie-Anne Sayles are cosponsors of Bill 25-24. 

The GO Committee recommends enactment with amendments.  

Bill 24-24, Taxation - Paper Carryout Bags and Prohibition on Plastic Carryout Bags (“Bring Your Own Bag”) 

Vote expected: The Council is expected to vote on Bill 24-24, Taxation - Paper Carryout Bags and Prohibition on Plastic Carryout Bags (also known as the Bring Your Own Bag Bill), which would prohibit plastic carryout bags provided by a retail establishment with certain exceptions, require a tax on paper carryout bags at the point of sale with certain exceptions and require a tax on a plastic carryout bag if provided within a municipality. Additionally, Bill 24-24 would exempt recipients of food assistance programs from the carryout bag tax, remove a certain threshold for when taxes must be remitted to the County, modify the reporting requirements for remittance of the carryout bag tax and clarify that certain conduct by a retailer is prohibited. 

The purpose of Bill 24-24 is to advance protections for environmental and human health by prohibiting carryout plastic bags in the County. The bill seeks to promote a culture that encourages individuals to bring their own bag, and as a result, the bill would reduce plastic waste in the County’s waterways and support a cleaner, healthier future. 

The lead sponsor of Bill 24-24 is Council President Stewart. Councilmembers Sayles, Glass and Natali Fani-González and Council Vide President Jawando are cosponsors of Bill 24-24. 

The TE Committee recommends enactment with amendments.