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Councilmember Brianne Nadeau Councilmember Charles Allen 2
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Councilmember Robert C. White, Jr. Councilmember Matthew Frumin 6
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Councilmember Vincent C. Gray Councilmember Brooke Pinto 10
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Councilmember Janeese Lewis George Councilmember Zachary Parker 14
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A BILL 19
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 24
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To amend the Clean and Affordable Energy Act of 2008 to create the Healthy Homes 29
Program to install electric appliances for low- and moderate-income households, to 30
amend the Green Building Act of 2006 to provide that the Green Building Advisory 31
Council will advise the Mayor on implementation of this act, to amend the 32
Construction Codes Approval and Amendments Act of 1986 to increase permit fees 33
for installing appliances or other systems that combust fossil fuels on site, and to 34
amend the District of Columbia Housing Authority Act of 1999 to prohibit the 35
District of Columbia Housing Authority from installing appliances or other systems 36
that combust fossil fuels on site when making a conversion through the Rental 37
Assistance Demonstration program. 38
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That 40
this act may be cited as the “Healthy Homes and Residential Electrification Amendment 41
Act of 2023”. 42 2
Sec. 2. The Clean and Affordable Energy Act of 2008, effective October 22, 2008 43
(D.C. Law 17-250; D.C. Official Code § 8-1773.01, et seq.) is amended by adding a new 44
section 217 to read as follows: 45
“Sec. 217. Healthy Homes Program established 46
“(a)(1) There is established the Healthy Homes Program (“Program”), to be 47
administered by DOEE, that shall provide residential electrification retrofits to low- and 48
moderate-income District households, and that shall provide training and education to 49
contractors involved in providing residential electrification retrofits through the Program. 50
“(2) DOEE shall provide residential electrification retrofits at no cost to at 51
least 30,000 low-income households by December 31, 2040, and of the residential 52
electrification retrofits required by this paragraph at least: 53
“(A) 5,000 shall be completed by December 31, 2025; 54
“(B) 10,000 shall be completed by December 31, 2030; and 55
“(C) 20,000 shall be completed by December 31, 2035. 56
“(3) DOEE shall establish a sliding scale to share the cost of providing 57
residential electrification retrofits to moderate-income households, except that a household 58
with an income between 80% and 100% of the median family income, as determined in the 59
Inclusionary Zoning Maximum Income, Rent, and Purchase Price Schedule mostly recently 60
published by the Department of Housing and Community Development, shall not pay more 61
than 50% of the cost of the residential electrification retrofit. 62
“(4) If funds are available, DOEE may provide additional residential 63
electrification retrofits to households that are not low- or moderate-income households, 64
including by establishing a sliding-scale for subsidies. 65
“(5) Residential electrification retrofits made pursuant to paragraphs (3) and 66 3
(4) of this subsection shall not be counted when determining whether DOEE has met the 67
requirement established by paragraph (2) of this subsection. 68
“(6)(A) DOEE shall partner with a nonprofit organization or organizations to 69
provide training and education related to the provision of residential electrification retrofits 70
for businesses and individuals. 71
“(B) DOEE shall develop a policy to eliminate or reduce the cost to 72
businesses and individuals of training provided pursuant to subparagraph (A) of this 73
paragraph, in order to maximize: 74
“(i) Participation in the Program of businesses that are eligible 75
to be certified as equity impact enterprises; and 76
“(ii) Employment of District residents by businesses 77
participating in the Program. 78
“(b) By January 1, 2024, DOEE shall publish on its website and submit to the 79
Council a plan to administer the Program, which shall include: 80
“(1) A description of how residential el ectrification retrofits will be completed, 81
including, if DOEE proposes to partner with private contractors to make residential 82
electrification retrofits, a description of how DOEE will maximize participation of District 83
residents and businesses that are eligible to be certified as equity impact enterprises; 84
“(2) Eligibility criteria for: 85
“(A) Low- and moderate-income households to receive a residential 86
electrification retrofit through the Program, including income verification; and 87
“(B) Private contractors to provide residential electrification retrofits 88
through the Program; 89
“(3) A description of allowable appli ances, methods, materials, and technology 90
to be used in residential electrification retrofits; 91 4
“(4) A strategy for prioritizing re sidential electrification retrofits for 92
households with the lowest household incomes, and for identifying and prioritizing low-93
income households that can receive residential electrification retrofits most cost-effectively, 94
including by combining electrification retrofits with other services provided by, or 95
subsidized by, DOEE or other District agencies; 96
“(5) An estimated number of low- and moderate-income households that will 97
receive residential electrification retrofits in each year of the Program; 98
“(6) A description of how DOEE will coordinate with the Green Building 99
Advisory Council. 100
“(c) Beginning on January 1, 2025, and annually thereafter, DOEE shall publish on 101
its website and submit to the Council a report on progress toward meeting the 102
requirements of subsection (a)(1) and (2) of this section, including the number of residential 103
electrification retrofits completed in each prior calendar year of the Program’s operation 104
and the number of residential electrification retrofits planned to be completed in the 105
following calendar year. 106
“(d) Subsidies provided by the Program may be combined with other subsidies 107
provided by DOEE or other District agencies, and residential electrification retrofits 108
provided by the Program may be performed concurrent with other improvements provided 109
by, or subsidized by, DOEE or other District agencies. 110
“(e) For purposes of this section, the term: 111
“(1) “Equity impact enterprise” shall have the same meaning as in section 112
2302(8A) of the Small, Local, and Disadvantaged Business Enterprise Development and 113
Assistance Act of 2005, effective December 3, 2020 (D.C. Law 23-149; D.C. Official Code § 2-114
218.02(8A)); 115
(2) “Low-income household” means a household with a total income equal to 116 5
or less than 80% of the median family income, as determined in the Inclusionary Zoning 117
Maximum Income, Rent, and Purchase Price Schedule mostly recently published by the 118
Department of Housing and Community Development; 119
(3) “Moderate-income household” means a household with a total income 120
greater than 80% but less than 150% of the median family income, as determined in the 121
Inclusionary Zoning Maximum Income, Rent, and Purchase Price Schedule mostly recently 122
published by the Department of Housing and Community Development; and 123
“(4) “Residential electrification retr ofit” means replacement of all appliances 124
or other systems, such as an oven, water heater, or heating system, that combust fossil 125
fuels on site with appliances or other systems that perform the same function and that are 126
powered exclusively by electricity.”. 127
Sec. 3. Section 10 of the Green Building Act of 2006, effective Marc 8, 2007 (D.C. 128
Law 16-234; D.C. Official Code § 6-1451.09) is amended as follows: 129
(a) Subsection (c) is amended as follows: 130
(1) Paragraph (1) is amended as follows: 131
(A) The lead-in language is amended by striking the phrase “consist of 132
the following 13 members” and inserting the phrase “consist of the following 15 members” 133
in its place. 134
(B) Subparagraphs (G) and (H) are amended by striking the phrase 135
“One member” each time it occurs and inserting the phrase “Two members” in its place. 136
(b) Subsection (d) is amended as follows: 137
(1) Paragraph (3) is amended by striking the phrase “Codes; and” and 138
inserting the phrase “Codes;” in its place. 139
(2) Paragraph (4) is amended by striking the phrase “standard.” and inserting 140
the phrase “standards; and” in its place. 141 6
(3) A new paragraph (5) is added to read as follows: 142
“(5) Equitable implementation of th e requirements of the Healthy Homes and 143
Residential Electrification Amendment Act of 2023, as introduced on January XX, 2023 144
(introduced version of B25-XXX).”. 145
Sec. 4. Section 6a(a)(1) of the Construction Codes Approval and Amendments Act of 146
1986, effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1405.01(a)(1)) is 147
amended as follows: 148
(a) The existing text is designated as subparagraph (A). 149
(b) A new subparagraph (B) is added to read as follows: 150
“(B) When determining the cost of building permits pursuant to this 151
subsection, for an application that includes installation of an appliance or other system that 152
combusts fossil fuels on site, including replacement of an existing appliance or other system 153
that combusts fossil fuels on site, beginning on January 1, 2024, the Building Code Official 154
shall include a surcharge of at least $0.005 per British thermal unit for which the 155
appliances or other systems that combust fossil fuels on site, included in the application, 156
are rated, in aggregate; provided, that the surcharge required by this subparagraph shall 157
not be assessed if an application is made by a restaurant, as that term is defined in D.C. 158
Official Code § 25-101(43).”. 159
Sec. 5. Sec. 26a of the District of Columbia Housing Authority Act of 1999, effective 160
March 2, 2007 (D.C. Law 16-192; D.C. Official Code § 6-226) is amended by adding a new 161
subsection (f) to read as follows: 162
“(f) When making a conversion through the Rental Assistance Demonstration 163
program, authorized by section 8 of the Housing Act of 1937 (42 U.S.C. § 1437f note), the 164
Authority shall not install appliances or other systems that combust fossil fuel on site.”. 165
Sec. 6. Fiscal impact statement. 166 7
The Council adopts the fiscal impact statement in the committee report as the fiscal 167
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 168
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 169
Sec. 7. Effective date. 170
This act shall take effect following approval by the Mayor (or in the event of veto by 171
the Mayor, action by the Council to override the veto), a 30-day period of congressional 172
review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 173
December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the 174
District of Columbia Register. 175