| At its June 23 hearing, the Transportation, Infrastructure, Energy and Environment Committee of the Prince George’s County Council voted to hold CB-26-22 indefinitely. The Committee’s action effectively kills the legislation, which would have established BEPS for the following building types: * Multifamily residential or mixed-use covered buildings equal to or exceeding 250,000 square feet * Non-residential buildings equal or greater than 50,000 square feet, but less than 250,000 square feet * Non-residential buildings that equals or exceeds 10,000 square feet, but less than 50,000 square feet. * Multifamily residential or mixed-use covered buildings equal to or exceeding 250,000 square feet * Multifamily residential or mixed-use covered buildings equal to or exceeding 10,000 square feet, but less than 250,000 square feet Montgomery County Interpretation The decision was based on a legal interpretation by the Montgomery County Office of the County Attorney (OCA) that the legislation is preempted by the Climate Solutions Now Act of 2022 (S.B. 528), a statewide climate bill that establishes similar requirements. AOBA submitted a statement for the hearing raising the preemption issue. The statement read in part: “Finally, there is an open question of law related to the viability of both the proposed Prince George’s legislation, as well as the recently passed Montgomery County Bill, specifically, whether the local legislation is pre-empted by Maryland Senate Bill 528, The Climate Solutions Now Act of 2022. The Office of the County Attorney (OCA) in Montgomery County has offered an interpretation of the pre-emption of state legislation. However, the County Attorney leaves open the potential of the local legislation being challenged in the courts. AOBA has concluded that the pre-emption issue will likely be resolved in court. It is imperative that AOBA ensure that members are not ensnared in a conflicting battle between a state and county law when the State law pre-empts the local legislation.” AOBA’s Impact In a big win for AOBA members, the Prince George’s County Office of Law investigated the matter and made the appropriate finding. The decision means Prince George’s County members will not have to comply with two sets of energy efficiency standards, saving housing providers staff resources, time, and money. |