'Green' bills accord in view

The Baltimore Sun

A consensus on legislation to promote residential environmentally friendly development has emerged among Howard County Council members, who are scheduled to vote on the measures Monday.

The tentative agreement was suggested by Councilwoman Courtney Watson, an Ellicott City Democrat who pushed for progress toward an agreement at a nearly three-hour council work session Wednesday - the second session this week.

The council is working toward votes on a package of five bills and resolutions - and 18 possible amendments - designed to promote more environmentally friendly commercial and residential buildings in the county.

One measure offers property tax cuts for up to five years for some buildings and requires at least a minimum level of environmental design in all commercial structures 50,000 square feet or larger, starting in July 2008.

On Wednesday, the council members agreed on two major points:

To push ahead with plans to create a pool of 100 housing allocations available to builders proposing environmentally friendly residential projects. The source of the allocations would be changed, however, to preserve the predictability of the county's growth management system.

To delay consideration until September or October of a long list of specific features a residential neighborhood could have to be considered environmentally friendly, or "green."

The Ulman administration also is supporting a key change in one provision of a bill regulating green commercial office buildings that the business community has opposed.

The original provision would force developers to get a surety bond to guarantee compliance with green building standards in the legislation.

Instead, Joshua Feldmark, executive director of County Executive Ken Ulman's Commission on Environment and Sustainability, said the administration will eliminate the need for the bond by changing the enforcement method.

Instead of requiring developers to be certified by the Leadership in Energy and Environmental Design standards, the proposed law would have them merely apply for certification and go through the process.

"We are confident that if you go through all of these stages of the process, 99.99 percent or higher will get certification," Feldmark said.

In addition, developers would only be held accountable for environmental features in preparing a building site. Builders would be responsible for the environmental features in the structures.

"It's like smoking in restaurants," Watson said, in that smoking is illegal in county restaurants and bars, but county inspectors don't seek out violations.

The key issue in the legislation on residential green development involved the county's system of housing allocations, which is used to limit home construction in each of five planning areas in the county.

Ulman's bill called for taking 100 of the 250 allocations from the western county for 2010 and using them as an incentive for builders anywhere in the county willing to do environmentally friendly projects.

Council Chairman Calvin Ball, an east Columbia Democrat, defended that idea.

"It helps slow down some growth in the rural west," he said.

But Watson shot back: "I'm not sure we need to be concerned about slowing development in the west." The General Plan protects the rural west, Watson added. "It did not say in year six to reduce allocations in the west. What's most important now is predictability."

She jokingly volunteered to have all 100 allocations taken from her own Ellicott City-Elkridge district, where residents often complain about growing congestion.

But after hearing that allocations in Ellicott City, Columbia and in a pool for homes for seniors are going begging, Watson suggested a change that other members seemed to agree with.

The bill would take 25 allocations each from the western county and those three other groups for the first year to make the 100. For the next year, 50 allocations would come from the west, 25 from the senior pool and 25 from Ellicott City. The third year, 75 would come from the west, and 25 from Ellicott City, and thereafter all 100 would come from the west.

"This is a pioneer process," county Planning Director Marsha McLaughlin said at one point.

"What we want to do is create an incentive so there's a couple of real solid models," Feldmark said.

larry.carson@baltsun.com

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