Chairman Ball and members of the County Council:

The League of Women Voters of Howard County thanks the County Executive for the introduction of the Green Building Legislation. The League supports "the preservation of the physical, chemical and biological integrity of the ecosystem and maximum protection of public health and the environment". Our testimony is based on the National League Natural Resource position to "promote an environment beneficial to life through protection and wise management of natural resources in the public interest."

CB47-2007. Requires new buildings 20,000 square feet or larger or public buildings 10,000 square feet or larger built or leased with 30% County Financing to comply with green standards effective July 1, 2008. The bill has a waiver provision as well as fee-in-lieu provisions. The League supports CB47-2007 with Amendments.

Section 3.1002 Definitions (I) New Construction: "construction of a building that requires a Howard County building permit or an addition to an existing building."

Section 3.1003 Applicability; Exceptions (B) The requirements of this subtitle shall not apply to

1)	new construction of a publicly funded building in the E or I-3 Occupancy categories;
2)	new construction of a non-publicly funded building in the R-2 occupancy that is:
	(i)	made up of only residential dwelling units and
	(ii)	less than 4 stories in height;
3)	new construction of a building that does not have an HVAC system; and
4)	other new construction as may be set forth by regulation of the Director.

The League respectfully suggests that the public has difficulty understanding the proposed language which reference LEED categories. In simple terms, if you need a building permit for a building that has 20,000 square feet then the green standard applies (Definition I). However; if the building is an educational E or industrial I-3 occupancy categories or a residential R-2 structure typically garden apartments (under 4 stories in height) green standards are not required.

Section 3.1003 (4) gives additional exception powers to the Department of License and Inspections Director to exempt other new construction by regulations. The League requests the County Council to amend this section and require any additional exemptions to be approved by the County Council.

Section 3.1002 Definition (A) Commissioning Team. A group composed of the owner, occupants, operations and maintenance staff etc.

Section 3.1005 (C) Use and Occupancy Permit. Prior to issuance of a use and occupancy permit, an applicant shall submit documents demonstrating that a commissioning team has reviewed the building design and submittal requirements.

The League suggests that occupants could not in all circumstances be a part of the commissioning team. New construction of a 5 story rental apartment building or 7 story office building would not have occupants at the time of issuance of a use and occupancy permit.

Section 3.1006 Surety (C) Forfeiture of Surety. The surety shall be forfeited and placed in the general fund.

The League asks the County Council to amend Section 3.1006 to place forfeiture surety in the Green Building Fund if the County has discretion regarding use of surety. Forfeiture should not be used as a mechanism to offset the cost of this legislation.

3.1007 Expedited Review. A building that qualifies for LEED Gold or Platinum level "shall receive expedited review by the Department of Inspections License and Permits." Staff from the Department will have to assume certain building qualifications for the LEED standard in order to expedite.

Section 3.1008 (A) Waiver; Standards for Granting. CB 47 states the Department of Inspections and Permits Director may grant a waiver to the requirements by reason of unique physical characteristics of the property, or strict compliance with the requirements would result in an unwarranted hardship, not including financial hardship.

The League asks the County Council to amend Section 3.1008 (A) to require the Director of Planning and Zoning to co-approve a waiver based on unique physical characteristics of a property.

CB 48. Amends the adequate public facilities requirements allowing for Green Neighborhood Allocations of 100 units annually taken from the Rural West to encourage sustainable residential planning and design. Applicants shall comply with Green Neighborhood standards.

The League supports the concept of Green Neighborhood development. The League has testified in support of public policy decisions for agricultural preservation and affordable housing. The League supported adding senior housing to the housing unit allocation chart. CB 48 needs to be considered in the context of all residential development.

Are 100 units enough incentive? Are 100 units an adequate number? Should the County revisit the Senior Allocation given the history and existing pipeline of senior units as well as current market conditions? Should the County Council on annual bases review the allocation categories, evaluate the data and make adjustments?

CB49 establishes a property tax credit for high performance buildings that achieve at least LEED Silver rating or comparable Maryland green building guidelines or standards. Currently there is no Maryland green building guidelines or standards. The tax credit for new construction continues for 5 years and for existing buildings the tax credit continues for 3 years. The tax credit runs with the property and applies to the tax assessed value of the building. The effective date of the tax credit is for tax years beginning after June 30, 2008. Will buildings receiving the tax credit be annually inspected to see that they are maintaining Green building standards?

Given the length of time to secure LEED certification, up to three years, the League finds fiscal estimates for FY 2008, and FY 2009 to be optimistic. There are some buildings in the review pipeline that could qualify and meet LEED standards.

The policy question that needs to be answered is should Howard County adopt an unlimited tax credit for green building construction or reconstruction? The State of Maryland capped its Green Building tax credit at $25 million and all credits are allocated. Baltimore County has a $5 million aggregate cap.

The League asks the County Council to amend CB 49 by adding a tax credit cap and or a sunset provision. In the short term, builders and the green industry need to have incentives; however green building should become within 5 years the marketplace standard. The County has to balance the service needs of existing residences and business against an ongoing $7.5 million annual tax credit.

Resolution 89-2007. Adopting a green neighborhood standards checklist to receive Green Neighborhood housing unit allocations. A residential development project would be eligible to receive a Green Neighborhood Allocation if it achieved at least 130 points out of a possible 200 points from the standards checklist.

The standards are divided into 2 categories, Land Planning and Site Design, and Building Design and Construction. A maximum 133 points are possible under the Land Planning and Site Design category and 67 maximum points are possible under Building Design and Construction.

The League supports the green neighborhood standards and proposed categories. The League requests amendments to increase the points awarded for transit, bus and train. A category for a transit stop within the residential development should be added. Points should be given for the inclusion of pedestrian cross walks on public streets. Pocket community green space should be recognized as a category and given points, specifically more points, for not developing a buildable lot.

Thank you for your consideration.

Grace Kubofcik
Co-president