District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0119 Compare Versions

OldNewDifferences
1- ENROLLED ORIGINAL
1+ ENGROSSED ORIGINAL
22
33
44
55
66 1
7-AN ACT
8-
9-_________________
10-
11-
12-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13-
14-________________________________
15-
16-
17-To amend the Clean and Affordable Energy Act of 2008 to create the Breathe Easy Program
18-within the Department of Energy and the Environment to provide residential
19-electrification retrofits for low-income and moderate-income households; to amend the
20-Green Building Act of 2006 to exempt the value of improvements made through the
21-Breathe Easy Program from the definition of substantial improvement for the purposes of
22-the Green Building Act of 2006, and to provide that the Green Building Advisory
23-Council shall advise the Mayor on implementation of the Breathe Easy Program; to
24-amend the Retail Competition and Consumer Protection Act of 1999 to exempt
25-subscribers of projects created through the Solar For All Program from limits on offsets
26-to costs of electricity consumption; and to amend section 47-1803.02 of the District of
27-Columbia Official Code to provide that the value of benefits received through the Breathe
28-Easy Program shall not be subject to District income tax.
29-
30-BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
31-act may be cited as the “Healthy Homes and Residential Electrification Amendment Act of
32-2024”.
33-
34-Sec. 2. The Clean and Affordable Energy Act of 2008, effective October 22, 2008 (D.C.
35-Law 17-250; D.C. Official Code § 8-1773.01 et seq.), is amended by adding a new section 217 to
36-read as follows:
37- “Sec. 217. Breathe Easy Program established.
38- “(a)(1) There is established the Breathe Easy Program (“Program”) within DOEE that:
39-“(A) Shall provide residential electrification retrofits to low-income
40-District households, including households in multi-unit residential buildings where at least 50%
41-of the occupied housing units are occupied by low-income households at the time of income
42-verification;
43-“(B) May provide residential electrification retrofits to moderate-income
44-District households; and
45-“(C) Shall provide training and education to contractors that provide
46-residential electrification retrofits through the Program. ENROLLED ORIGINAL
7+A BILL 1
8+ 2
9+25-119 3
10+ 4
11+ 5
12+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
13+ 7
14+____________________ 8
15+ 9
16+ 10
17+To amend the Clean and Affordable Energy Act of 2008 to create the Breathe Easy Program 11
18+within the Department of Energy and the Environment to provide residential 12
19+electrification retrofits for low-income and moderate-income households; to amend the 13
20+Green Building Act of 2006 to exempt the value of improvements made through the 14
21+Breathe Easy Program from the definition of “substantial improvement” for the purposes 15
22+of the Green Building Act of 2006, and to provide that the Green Building Advisory 16
23+Council shall advise the Mayor on implementation of the Breathe Easy Program; to 17
24+amend the Retail Competition and Consumer Protection Act of 1999 to exempt 18
25+subscribers of projects created through the Solar For All Program from limits on offsets 19
26+to costs of electricity consumption; and to amend section 47-1803.02 of the District of 20
27+Columbia Official Code to provide that the value of benefits received through the Breathe 21
28+Easy Program shall not be subject to District income tax. 22
29+ 23
30+BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 24
31+act may be cited as the “Healthy Homes and Residential Electrification Amendment Act of 25
32+2024”. 26
33+Sec. 2. The Clean and Affordable Energy Act of 2008, effective October 22, 2008 (D.C. 27
34+Law 17-250; D.C. Official Code § 8-1773.01 et seq.), is amended by adding a new section 217 to 28
35+read as follows: 29
36+ “Sec. 217. Breathe Easy Program established. 30
37+ “(a)(1) There is established the Breathe Easy Program (“Program”) within DOEE that: 31 ENGROSSED ORIGINAL
4738
4839
4940
5041
5142 2
52- “(2) The Program shall provide residential electrification retrofits at no cost to
53-low-income households, including households in multi-unit residential buildings where at least
54-50% of the units are occupied by low-income households in accordance with the following
55-timeline:
56- “(A) 2,500 shall be completed by December 31, 2027;
57-“(B) 10,000 shall be completed by December 31, 2032;
58-“(C) 20,000 shall be completed by December 31, 2037; and
59-“(D) 30,000 shall be completed by December 31, 2040.
60- “(3) The Program may provide residential electrification retrofits to moderate-
61-income households, subsidized in accordance with the sliding scale published pursuant to
62-subsection (b)(6) of this section; provided, that residential electrification retrofits made pursuant
63-to this paragraph shall not be counted towards the requirements of paragraph (2) of this
64-subsection.
65- “(4) DOEE shall partner with nonprofit organizations to provide training and
66-education related to the provision of residential electrification retrofits for businesses and
67-individuals in accordance with the recommendations published pursuant to subsection (b)(7) of
68-this section.
69- “(b) By September 30, 2024, DOEE shall publish on its website and submit to the
70-Council a plan to administer the Program, which shall include:
71- “(1) A description of how residential electrification retrofits will be completed;
72- “(2) If DOEE proposes to partner with private contractors to make residential
73-electrification retrofits, a description of how DOEE will maximize participation of District
74-residents and businesses that are eligible to be certified as equity impact enterprises;
75- “(3) Eligibility criteria for:
76-“(A) Low-income and moderate-income households to receive a
77-residential electrification retrofit through the Program, including a process for income
78-verification;
79- “(B) Multi-unit residential buildings to receive a residential retrofit
80-through the Program, including a process for certifying that at least 50% of units are occupied by
81-low-income households; and
82- “(C) Private contractors to provide residential electrification retrofits
83-through the Program;
84- “(4) A description of allowable appliances, methods, materials, and technology to
85-be used in residential electrification retrofits;
86- “(5) Strategies for:
87- “(A) Prioritizing residential electrification retrofits for households with the
88-lowest household incomes; and
89- “(B) Identifying and prioritizing low-income households that can receive
90-residential electrification retrofits most cost-effectively, including by combining electrification
91-retrofits with other services provided or subsidized by DOEE or other District agencies; ENROLLED ORIGINAL
43+“(A) Shall provide residential electrification retrofits to low-income 32
44+District households, including households in multi-unit residential buildings where at least 50% 33
45+of the occupied housing units are occupied by low-income households at the time of income 34
46+verification; 35
47+“(B) May provide residential electrification retrofits to moderate-income 36
48+District households; and 37
49+“(C) Shall provide training and education to contractors that provide 38
50+residential electrification retrofits through the Program. 39
51+ “(2) The Program shall provide residential electrification retrofits at no cost to 40
52+low-income households, including households in multi-unit residential buildings where at least 41
53+50% of the units are occupied by low-income households in accordance with the following 42
54+timeline: 43
55+ “(A) 2,500 shall be completed by December 31, 2027; 44
56+“(B) 10,000 shall be completed by December 31, 2032; 45
57+“(C) 20,000 shall be completed by December 31, 2037; and 46
58+“(D) 30,000 shall be completed by December 31, 2040. 47
59+ “(3) The Program may provide residential electrification retrofits to moderate- 48
60+income households, subsidized in accordance with the sliding scale published pursuant to 49
61+subsection (b)(6) of this section; provided, that residential electrification retrofits made pursuant 50 ENGROSSED ORIGINAL
9262
9363
9464
9565
9666 3
97- “(6) A sliding scale to be used when subsidizing the cost of providing residential
98-electrification retrofits to moderate-income households;
99- “(7) Recommendations to eliminate or reduce the cost to businesses and
100-individuals of providing training pursuant to subsection (a)(4) of this section in order to
101-maximize:
102-“(A) Participation in the Program of businesses that are eligible
103-to be certified as equity impact enterprises; and
104- “(B) Employment of District residents by businesses participating in the
105-Program;
106- “(8) The estimated number of low-income and moderate-income households that
107-will receive residential electrification retrofits in each year of the Program;
108- “(9) A description of how DOEE will coordinate with the Green Building
109-Advisory Council; and
110- “(10) An explanation of how DOEE will provide a written estimate or explanation
111-to each Program recipient that explains the estimated difference in annual energy costs between
112-electrification and the recipient’s current energy source.
113- “(c) Beginning on January 1, 2025, and annually thereafter, DOEE shall publish on its
114-website and submit to the Council a report on progress toward meeting the requirements of
115-subsection (a)(1) and (2) of this section, including the number of residential electrification
116-retrofits completed in each calendar year of the Program’s operation and the number of
117-residential electrification retrofits planned to be completed in the following calendar year.
118- “(d) Participation in the Program shall not preclude a person from receiving other
119-improvements provided by DOEE or another District agency.
120- “(e)(1) The Mayor, pursuant to Title I of the District of Columbia Administrative
121-Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.),
122-may issue rules to implement the provisions of this section. The proposed rules shall be
123-submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal
124-holidays, and days of Council recess. If the Council does not approve or disapprove the proposed
125-rules, in whole or in part, by resolution within the 45-day review period, the proposed rules shall
126-be deemed approved.
127- “(2) The rules issued pursuant to paragraph (1) of this subsection may include
128-rules to preserve the affordability of homes that receive residential electrification retrofits under
129-this section.
130- “(f) For purposes of this section, the term:
131- “(1) “Equity impact enterprise” shall have the same meaning as provided in
132-section 2302(8A) of the Small, Local, and Disadvantaged Business Enterprise Development and
133-Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-
134-218.02(8A)). ENROLLED ORIGINAL
67+to this paragraph shall not be counted towards the requirements of paragraph (2) of this 51
68+subsection. 52
69+ “(4) DOEE shall partner with nonprofit organizations to provide training and 53
70+education related to the provision of residential electrification retrofits for businesses and 54
71+individuals in accordance with the recommendations published pursuant to subsection (b)(7) of 55
72+this section. 56
73+ “(b) By September 30, 2024, DOEE shall publish on its website and submit to the 57
74+Council a plan to administer the Program, which shall include: 58
75+ “(1) A description of how residential electrification retrofits will be completed; 59
76+ “(2) If DOEE proposes to partner with private contractors to make residential 60
77+electrification retrofits, a description of how DOEE will maximize participation of District 61
78+residents and businesses that are eligible to be certified as equity impact enterprises; 62
79+ “(3) Eligibility criteria for: 63
80+“(A) Low-income and moderate-income households to receive a 64
81+residential 65
82+electrification retrofit through the Program, including a process for income verification; 66
83+ “(B) Multi-unit residential buildings to receive a residential retrofit 67
84+through the Program, including a process for certifying that at least 50% of units are occupied by 68
85+low-income households; and 69 ENGROSSED ORIGINAL
13586
13687
13788
13889
13990 4
140- “(2) “Low-income household” means a household with a total income less than
141-80% of the median family income for the metropolitan area that includes the District, as
142-published by the U.S. Department of Housing and Urban Development.
143-“(3) “Moderate-income household” means a household with a total income
144-equal to or greater than 80% but less than 150% of the median family income for the
145-metropolitan area that includes the District, as published by the U.S. Department of Housing and
146-Urban Development.
147- “(4) “Residential electrification retrofit” means replacement of all appliances or
148-other systems, such as an oven, water heater, or heating system, that combust fossil fuels on site
149-with appliances or other systems that perform the same function and that are powered
150-exclusively by electricity.”.
151-
152- Sec. 3. The Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234;
153-D.C. Official Code § 6-1451.01 et seq.), is amended as follows:
154-(a) Section 2(40) (D.C. Official Code § 6-1451.01(40)) is amended by striking the phrase
155-“improvement of a building or structure, the cost of which equals or exceeds 50% of the market
156-value of the structure” and inserting the phrase “improvement of a building or structure,
157-excluding repairs, alterations, additions, or improvements of a building structure made through
158-the Breathe Easy Program, established by section 217 of the Clean and Affordable Energy Act of
159-2008, passed on 2nd reading on May 7, 2024 (Enrolled version of Bill 25-119), the cost of which
160-equals or exceeds 50% of the market value of the structure” in its place.
161- (b) Section 10 (D.C. Official Code § 6-1451.09) is amended as follows:
162- (1) Subsection (c)(1) is amended as follows:
163- (A) The lead-in language is amended by striking the phrase “following 13
164-members” and inserting the phrase “following 15 members” in its place.
165- (B) Subparagraph (G) is amended by striking the phrase “One member”
166-and inserting the phrase “Two members” in its place.
167- (C) Subparagraph (H) is amended by striking the phrase “One member”
168-and inserting the phrase “Two members” in its place.
169- (2) Subsection (d) is amended as follows:
170- (A) Paragraph (3) is amended by striking the phrase “; and” and inserting
171-a semicolon in its place.
172- (B) Paragraph (4) is amended by striking the period and inserting the
173-phrase “; and” in its place.
174- (C) A new paragraph (5) is added to read as follows:
175- “(5) Equitable implementation of the requirements of the Breathe Easy Program,
176-established by section 217 of the Clean and Affordable Energy Act of 2008, passed on 2nd
177-reading on May 8, 2024 (Enrolled version of Bill 25-119).”.
178- ENROLLED ORIGINAL
91+ “(C) Private contractors to provide residential electrification retrofits 70
92+through the Program; 71
93+ “(4) A description of allowable appliances, methods, materials, and technology to 72
94+be used in residential electrification retrofits; 73
95+ “(5) Strategies for: 74
96+ “(A) Prioritizing residential electrification retrofits for households with the 75
97+lowest household incomes; and 76
98+ “(B) Identifying and prioritizing low-income households that can receive 77
99+residential electrification retrofits most cost-effectively, including by combining electrification 78
100+retrofits with other services provided or subsidized by DOEE or other District agencies; 79
101+ “(6) A sliding scale to be used when subsidizing the cost of providing residential 80
102+electrification retrofits to moderate-income households; 81
103+ “(7) Recommendations to eliminate or reduce the cost to businesses and 82
104+individuals of providing training pursuant to subsection (a)(4) of this section in order to 83
105+maximize: 84
106+“(A) Participation in the Program of businesses that are eligible 85
107+to be certified as equity impact enterprises; and 86
108+ “(B) Employment of District residents by businesses participating in the 87
109+Program; 88 ENGROSSED ORIGINAL
179110
180111
181112
182113
183114 5
184-Sec. 4. Section 118a(b) of the Retail Competition and Consumer Protection Act of 1999,
185-effective December 13, 2013 (D.C. Law 20-47; D.C. Official Code § 34–1518.01(b)), is
186-amended by striking the phrase “12 months.” and inserting the phrase “12 months; except, that
187-this subsection shall not apply to subscribers of a project constructed through the Solar for All
188-Program established by section 216 of the Clean and Affordable Energy Act of 2008, effective
189-October 8, 2016 (D.C. Law 21-154; D.C. Official Code § 8-1774.16).” in its place.
190-
191-Sec. 5. Section 47-1803.02(a)(2) of the District of Columbia Official Code is amended by
192-adding a new subparagraph (AAA) to read as follows:
193- “(AAA) Benefits provided through the Breathe Easy Program, established
194-by section 217 of the Clean and Affordable Energy Act of 2008, passed on 2nd reading on May
195-7, 2024 (Enrolled version of Bill 25-119).”.
196-
197-Sec. 6. Fiscal impact statement.
198-The Council adopts the fiscal impact statement in the committee report as the fiscal
199-impact statement required by section 4a of the General Legislative Procedures Act of 1975,
200-approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
201-
202- Sec. 7. Effective date.
203-This act shall take effect following approval by the Mayor (or in the event of veto by the
204-Mayor, action by the Council to override the veto), and a 30-day period of congressional review
205-as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
206-24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
115+ “(8) The estimated number of low-income and moderate-income households that 89
116+will receive residential electrification retrofits in each year of the Program; and 90
117+ “(9) A description of how DOEE will coordinate with the Green Building 91
118+Advisory Council. 92
119+ “(c) Beginning on January 1, 2025, and annually thereafter, DOEE shall publish on its 93
120+website and submit to the Council a report on progress toward meeting the requirements of 94
121+subsection (a)(1) and (2) of this section, including the number of residential electrification 95
122+retrofits completed in each calendar year of the Program’s operation and the number of 96
123+residential electrification retrofits planned to be completed in the following calendar year. 97
124+ “(d) Participation in the Program shall not preclude a person from receiving other 98
125+improvements provided by DOEE or another District agency. 99
126+ “(e)(1) The Mayor, pursuant to Title I of the District of Columbia Administrative 100
127+Procedure 101
128+Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue 102
129+rules to implement the provisions of this section. The proposed rules shall be submitted to the 103
130+Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of 104
131+Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in 105
132+part, by resolution within the 45-day review period, the proposed rules shall be deemed 106
133+approved. 107 ENGROSSED ORIGINAL
207134
208135
209136
210137
211-______________________________
212-Chairman
213-Council of the District of Columbia
138+6
139+ “(2) The rules issued pursuant to paragraph (1) of this subsection may include 108
140+rules to preserve the affordability of homes that receive residential electrification retrofits under 109
141+this section. 110
142+ “(f) For purposes of this section, the term: 111
143+ “(1) “Equity impact enterprise” shall have the same meaning as provided in 112
144+section 2302(8A) of the Small, Local, and Disadvantaged Business Enterprise Development and 113
145+Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-114
146+218.02(8A)). 115
147+ “(2) “Low-income household” means a household with a total income less than 116
148+80% of the median family income for the metropolitan area that includes the District, as 117
149+published by the U.S. Department of Housing and Urban Development. 118
150+“(3) “Moderate-income household” means a household with a total income 119
151+equal to or greater than 80% but less than 150% of the median family income for the 120
152+metropolitan area that includes the District, as published by the U.S. Department of Housing and 121
153+Urban Development. 122
154+ “(4) “Residential electrification retrofit” means replacement of all appliances or 123
155+other systems, such as an oven, water heater, or heating system, that combust fossil fuels on site 124
156+with appliances or other systems that perform the same function and that are powered 125
157+exclusively by electricity.”. 126 ENGROSSED ORIGINAL
214158
215159
216160
217161
218-_________________________________
219-Mayor
220-District of Columbia
162+7
163+ Sec. 3. The Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; 127
164+D.C. Official Code § 6-1451.01 et seq.), is amended as follows: 128
165+(a) Section 2(40) (D.C. Official Code § 6-1451.01(40)) is amended by striking the phrase 129
166+“improvement of a building or structure, the cost of which equals or exceeds 50% of the market 130
167+value of the structure” and inserting the phrase “improvement of a building or structure, 131
168+excluding repairs, alterations, additions, or improvements of a building structure made through 132
169+the Breathe Easy Program, established by section 217 of the Clean and Affordable Energy Act of 133
170+2008, as approved by the Committee on Transportation and the Environment on March 4, 2024 134
171+(Committee print of Bill 25-119), the cost of which equals or exceeds 50% of the market value of 135
172+the structure” in its place. 136
173+ (b) Section 10 (D.C. Official Code § 6-1451.09) is amended as follows: 137
174+ (1) Subsection (c)(1) is amended as follows: 138
175+ (A) The lead-in language is amended by striking the phrase “following 13 139
176+members” and inserting the phrase “following 15 members” in its place. 140
177+ (B) Subparagraphs (G) is amended by striking the phrase “One member” 141
178+and inserting the phrase “Two members” in its place. 142
179+ (C) Subparagraphs (H) is amended by striking the phrase “One member” 143
180+and inserting the phrase “Two members” in its place. 144
181+ (2) Subsection (d) is amended as follows: 145 ENGROSSED ORIGINAL
221182
183+
184+
185+
186+8
187+ (A) Paragraph (3) is amended by striking the phrase “; and” and inserting 146
188+a semicolon in its place. 147
189+ (B) Paragraph (4) is amended by striking the period and inserting the 148
190+phrase “; and” in its place. 149
191+ (C) A new paragraph (5) is added to read as follows: 150
192+ “(5) Equitable implementation of the requirements of the Breathe Easy Program, 151
193+established by section 217 of the Clean and Affordable Energy Act of 2008, as approved by the 152
194+Committee on Transportation and the Environment on March 4, 2024 (Committee print of Bill 153
195+25-119).”. 154
196+Sec. 4. Section 118a(b) of the Retail Competition and Consumer Protection Act of 1999, 155
197+effective December 13, 2013 (D.C. Law 20-47; D.C. Official Code § 34–1518.01(b)), is 156
198+amended by striking the phrase “12 months.” and inserting the phrase “12 months; except, that 157
199+this subsection shall not apply to subscribers of a project constructed through the Solar for All 158
200+Program established by section 216 of the Clean and Affordable Energy Act of 2008, effective 159
201+October 8, 2016 (D.C. Law 21-154; D.C. Official Code § 8-1774.16).” in its place. 160
202+Sec. 5. Section 47-1803.02(a)(2) of the District of Columbia Official Code is amended by 161
203+adding a new subparagraph (AAA) to read as follows: 162
204+ “(AAA) Benefits provided through the Breathe Easy Program, established 163
205+by section 217 of the Clean and Affordable Energy Act of 2008, as approved by the Committee 164
206+on Transportation and the Environment on March 4, 2024 (Committee print of Bill 25-119).”. 165 ENGROSSED ORIGINAL
207+
208+
209+
210+
211+9
212+Sec. 6. Fiscal impact statement. 166
213+The Council adopts the fiscal impact statement in the committee report as the fiscal 167
214+impact statement required by section 4a of the General Legislative Procedures Act of 1975, 168
215+approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 169
216+ Sec. 7. Effective date. 170
217+This act shall take effect following approval by the Mayor (or in the event of veto by the 171
218+Mayor, action by the Council to override the veto), a 30-day period of congressional review as 172
219+provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 173
220+24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 174