District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0801 Compare Versions

Version 1 (Old)

Version 2 (New)

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8		-	AN ACT
9		-
10		-	___________
11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	___________
15		-
16		-	To amend the Green Building Act of 2006 to change the benchmark reporting and verification
17		-	deadline from April 1 to May 1, to change the frequency of third -party verification from
18		-	every 3 years to every 6 years, and to require the Department of Energy and Environment
19		-	(“DOEE”) to submit a report to the Council by April 1, 2025, analyzing and evaluating the
20		-	effectiveness of third-party verification; and to amend the CleanEnergy DC Omnibus
21		-	Amendment Act of 2018 to align the District’s Building Energy Performance Standards with the recommendations from the Building Energy Performance Standards Task Force, to delay the start of the second and third compliance cycles by one year, to require DOEE
22		-	to establish building energy performance standards for the second and third compliance cycles no later than January 1, 2028, and every 6 years thereafter, to provide that, for the
23		-	first compliance cycle that began on January 1, 2021, all buildings shall have 6 years from the date that the standards are established to meet the their energy performance
24		-	requirements, to create a whole-cycle exemption for qualifying buildings that are vacant or
25		-	in financial distress, to change the term “alternative compliance penalties” to “alternative compliance payments”, to provide DOEE with rulemaking authority to govern the pass-
26		-	through of these payments from non-residential tenants, and to require DOEE to amend
27		-	regulations to confirm that mechanical and electrical upgrades made to comply with the District’s Building Energy Performance Standards are exempt from stormwater requirements.
28		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
29		-	act may be cited as the “Building Energy Performance Standards Amendment Act of 2024”.
30		-	Sec. 2. Section 4(c)(2) of the Green Building Act of 2006, effective March 8, 2007 (D.C.
31		-	Law 16-234; D.C. Official Code § 6-1451.03(c)(2)), is amended as follows:
32		-	(a) Subparagraph (A)(ii)(I) is amended by striking the phrase “April 1 of the respective
33		-	following year. In 2011 only” and inserting the phrase “May 1 of the respective following year. In 2011 and 2024 only” in its place. ENROLLED ORIGINAL
	8	+	A BILL 1
	9	+	2
	10	+	25-801 3
	11	+	4
	12	+	5
	13	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
	14	+	7
	15	+	_____________________ 8
	16	+	9 10 To amend the Green Building Act of 2006 to change the benchmark reporting and verification 11
	17	+	deadline from April 1 to May 1, to change the frequency of third- party verification from 12
	18	+	every 3 years to every 6 years, and to require the Department of Energy and Environment 13
	19	+	(“DOEE”) to submit a report to the Council by April 1, 2025, analyzing and evaluating the 14
	20	+	effectiveness of third-party verification; and to amend the CleanEnergy DC Omnibus 15
	21	+	Amendment Act of 2018 to align the District’s Building Energy Performance Standards 16
	22	+	with the recommendations from the Building Energy Performance Standards Task Force, 17
	23	+	to delay the start of the second and third compliance cycles by one year, to require DOEE 18
	24	+	to establish building energy performance standards for the second and third compliance 19
	25	+	cycles no later than January 1, 2028, and every 6 years thereafter, to provide that for the 20
	26	+	first compliance cycle that began on January 1, 2021, all buildings shall have 6 years from 21
	27	+	the date that the standards are established to meet the their energy performance 22
	28	+	requirements, to create a whole-cycle exemption for qualifying buildings that are vacant or 23
	29	+	in financial distress, to change the term “alternative compliance penalties” to “alternative 24
	30	+	compliance payments”, and to provide DOEE with rulemaking authority to govern the 25
	31	+	pass-through of these payments from non-residential tenants, and to require DOEE to 26
	32	+	amend regulations to confirm that mechanical and electrical upgrades made to comply with 27
	33	+	the District’s Building Energy Performance Standards are exempt from stormwater 28
	34	+	requirements. 29
	35	+	30 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 31
	36	+	act may be cited as the “Building Energy Performance Standards Amendment Act of 2024”. 32
	37	+	Sec. 2. Section 4(c)(2) of the Green Building Act of 2006, effective March 8, 2007 (D.C. 33
	38	+	Law 16-234; D.C. Official Code § 6-1451.03(c)(2)), is amended as follows: 34 ENGROSSED ORIGINAL
34	39
35	40
36	41
37	42
38	43		2
39	44
40		-	(b) Subparagraph (B)(vi) is amended by striking the phrase “January 1, 2024” and inserting
41		-	the phrase “January 1, 2025” in its place.
42		-	(c) Subparagraph (F) is amended to read as follows:
43		-	“(F)(i) In 2024, 2027, and every 6 years thereafter, the owner, or the owner’s
44		-	designee, shall perform a third-party verification of its benchmark and ENERGY STAR statements
45		-	in accordance with requirements specified by DOEE.
46		-	“(ii) By April 1, 2025, DOEE shall submit a report to the Council
47		-	that analyzes and evaluates the effectiveness of third-party verification, based on findings from the
48		-	submission of third- party verification information that was submitted to DOEE pursuant to this
49		-	section and rules issued to implement this section.”.
50		-
51		-	Sec. 3. Section 301 of the CleanEnergy DC Omnibus Amendment Act of 2018, effective
52		-	March 22, 2019 (D.C. Law 22- 257; D.C. Official Code § 8- 1772.21), is amended as follows:
53		-	(a) Subsection (a) is am ended as follows:
54		-	(1) Paragraph (2) is amended by striking the phrase “Beginning January 1, 2027”
55		-	and inserting the phrase “Beginning January 1, 2028” in its place.
56		-	(2) Paragraph (3) is amended by striking the phrase “Beginning January 1, 2033”
57		-	and inserting the phrase “Beginning January 1, 2034” in its place.
58		-	(b) Subsection (b)(1)(A) is amended by striking the phrase “January 1, 2021,” and inserting
59		-	the phrase “January 1, 2021, January 1, 2028,” in its place.
60		-	(c) Subsection (c) is amended to read as follows:
61		-	“(c)(1) All buildings below the energy performance standard for their property type,
62		-	established pursuant to subsection (b)(1) and (2) of this section, shall have 5 years from the date
63		-	the performance standards are established to meet the building energy performance requirements
64		-	established by DOEE; except, that for buildings subject to the compliance cycle that began on
65		-	January 1, 2021, all buildings shall have 6 years from the date that the standards are established to
66		-	meet the energy performance requirements established by DOEE.
67		-	“(2) For the compliance cycle that began on January 1, 2021, the 6- year compliance
68		-	cycle specified in paragraph (1) of this subsection shall include a one-year delay of compliance
69		-	due to the COVID-19 public health emergency provided to building owners by DOEE through
70		-	rulemaking.”.
71		-	(d) Subsection (d) is amended as follows:
72		-	(1) Paragraph (1) is amended by striking the phrase “last 2 years of the 5- year
73		-	compliance cycle, as compared to the normalized site energy use intensity averaged over the 2
74		-	years preceding the first year of the 5- year compliance cycle” and inserting the phrase “last year
75		-	of the 5- year compliance cycle, as compared to the normalized site energy use intensity of the year
76		-	preceding the first year of the 5- year compliance cycle; except that, for a building that is subject
77		-	to the compliance cycle that began on January 1, 2021, a performance pathway shall require a ENROLLED ORIGINAL
	45	+	(a) Subparagraph (A)(ii)(I) is amended by striking the phrase “April 1 of the respective 35
	46	+	following year. In 2011 only” and inserting the phrase “May 1 of the respective following year. In 36
	47	+	2011 and 2024 only” in its place. 37
	48	+	(b) Subparagraph (B)(vi) is amended by striking the phrase “January 1, 2024” and inserting 38
	49	+	the phrase “January 1, 2025” in its place. 39
	50	+	(c) Subparagraph (F) is amended to read as follows: 40
	51	+	“(F)(i) In 2024, 2027, and every 6 years thereafter, the owner, or the owner’s 41
	52	+	designee, shall perform a third-party verification of its benchmark and ENERGY STAR statements 42
	53	+	in accordance with requirements specified by DOEE. 43
	54	+	“(ii) By April 1, 2025, DOEE shall submit a report to the Council 44
	55	+	that analyzes and evaluates the effectiveness of third-party verification, based on findings from the 45
	56	+	submission of third- party verification information that was submitted to DOEE pursuant to this 46
	57	+	section and rules issued to implement this section.”. 47
	58	+	Sec. 3. Section 301 of the CleanEnergy DC Omnibus Amendment Act of 2018, effective 48
	59	+	March 22, 2019 (D.C. Law 22- 257; D.C. Official Code § 8- 1772.21), is amended as follows: 49
	60	+	(a) Subsection (a) is am ended as follows: 50
	61	+	(1) Paragraph (2) is amended by striking the phrase “Beginning January 1, 2027” 51
	62	+	and inserting the phrase “Beginning January 1, 2028” in its place. 52
	63	+	(2) Paragraph (3) is amended by striking the phrase “Beginning January 1, 2033” 53
	64	+	and inserting the phrase “Beginning January 1, 2034” in its place. 54 ENGROSSED ORIGINAL
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84		-	building to demonstrate a greater than 20% decrease in normalized site energy use intensity
85		-	averaged over the last year of the compliance cycle, as compared to the normalized site energy use
86		-	intensity averaged over calendar years 2018 and 2019” in its place.
87		-	(2) Paragraph (2) is amended to read as follows:
88		-	“(2) For the compliance cycle that began on January 1, 2021, a prescriptive pathway
89		-	for buildings to achieve compliance by implementing cost -effective energy efficiency measures
90		-	with savings comparable to the performance pathway;”.
91		-	(3) A new paragraph (2A) is added to read as follows:
92		-	“(2A) For the compliance cycle beginning January 1, 2028, a trajectory pathway,
93		-	in accordance with the recommendations in the report required by subsection (h) of this section,
94		-	which shall require a building to meet building- specific performance targets that are established
95		-	upon a trajectory from a baseline determined by DOEE towards long- term performance targets
96		-	determined by DOEE through rulemaking or publication on the DOEE website; and”.
97		-	(e) Subsection (e) is amended as follows:
98		-	(1) Paragraph (1) is amended by striking the phrase “financial distress, change of
99		-	ownership, vacancy, major renovation, pending demolition, or other acceptable circumstances
100		-	determined by DOEE by regulation” and inserting the phrase “change of ownership, major
101		-	renovation, pending demolition, or other acceptable circumstances determined by DOEE by
102		-	regulation” in its place.
103		-	(2) A new paragraph (1A) is added to read as follows:
104		-	“(1A) DOEE shall establish criteria to exempt qualifying buildings from the
105		-	building energy performance requirements for a given compliance cycle if the owner demonstrates,
106		-	to the satisfaction of DOEE, financial distress, the qualifying building was below sufficient
107		-	occupancy thresholds for either of the 2 years preceding the compliance cycle, or other acceptable
108		-	circumstances determined by DOEE by regulation.”.
109		-	(f) Subsection (g) is amended to read as follows:
110		-	“(g)(1) Buildings failing to comply with the building energy performance requirements at
111		-	the end of the 5- year compliance period shall pay an alternative compliance payment established
112		-	by DOEE.
113		-	“(2) DOEE may establish through rulemaking criter ia to allow a building owner to
114		-	recover from its non- residential tenants all or part of an alternative compliance payment rendered
115		-	pursuant to paragraph (1) of this subsection.
116		-	“(3) Payments collected pursuant to this subsection shall be deposited into the
117		-	Sustainable Energy Trust Fund.”.
118		-	(g) A new subsection (j-1) is added to read as follows:
119		-	“(j-1) DOEE shall amend appropriate regulations to remove the cost of interior mechanical
120		-	and electrical upgrades that are undertaken for the express purpose of compliance with the ENROLLED ORIGINAL
	71	+	(b) Subsection (b)(1)(A) is amended by striking the phrase “January 1, 2021,” and inserting 55
	72	+	the phrase “January 1, 2021, January 1, 2028,” in its place. 56
	73	+	(c) Subsection (c) is amended to read as follows: 57
	74	+	“(c)(1) All buildings below the energy performance standard for their property type, 58
	75	+	established pursuant to subsection (b)(1) and (2) of this section, shall have 5 years from the date 59
	76	+	the performance standards are established to meet the building energy performance requirements 60
	77	+	established by DOEE; except, that for buildings subject to the compliance cycle that began on 61
	78	+	January 1, 2021, all buildings shall have 6 years from the date that the standards are established to 62
	79	+	meet the energy performance requirements established by DOEE. 63
	80	+	“(2) For the compliance cycle that began on January 1, 2021, the 6- year compliance 64
	81	+	cycle specified in paragraph (1) of this subsection shall include any one-year delay of compliance 65
	82	+	due to the COVID-19 public health emergency provided to building owners by DOEE through 66
	83	+	rulemaking.”. 67
	84	+	(d) Subsection (d) is amended as follows: 68
	85	+	(1) Paragraph (1) is amended by striking the phrase “last 2 years of the 5- year 69
	86	+	compliance cycle, as compared to the normalized site energy use intensity averaged over the 2 70
	87	+	years preceding the first year of the 5- year compliance cycle” and inserting the phrase “last year 71
	88	+	of the 5- year compliance cycle, as compared to the normalized site energy use intensity of the year 72
	89	+	preceding the first year of the 5- year compliance cycle; except that, for a building that is subject 73
	90	+	to the compliance cycle that began on January 1, 2021, a performance pathway shall require a 74 ENGROSSED ORIGINAL
121	91
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126	96
127		-	requirements of this section from calculations to determine whether the project triggers
128		-	Stormwater requirements.”.
129		-
130		-	Sec. 4. Fiscal impact statement.
131		-	The Council adopts the fiscal impact statement in the committee report as the fiscal impact
132		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
133		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
134		-
135		-	Sec. 5. Effective date.
136		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
137		-	Mayor, action by the Council to override the veto) and a 30-day period of congressional review as
138		-	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24,
139		-	1973 (87 Stat. 788; D.C. Official Code §1- 206.02( c)(1)).
	97	+	building to demonstrate a greater than 20% decrease in normalized site energy use intensity 75
	98	+	averaged over the last year of the compliance cycle, as compared to the normalized site energy use 76
	99	+	intensity averaged over Calendar Y ears 2018 and 2019” in its place. 77
	100	+	(2) Paragraph (2) is amended to read as follows: 78
	101	+	“(2) For the compliance cycle that began on January 1, 2021, a prescriptive pathway 79
	102	+	for buildings to achieve compliance by implementing cost -effective energy efficiency measures 80
	103	+	with savings comparable to the performance pathway;”. 81
	104	+	(3) A new paragraph (2A) is added to read as follows: 82
	105	+	“(2A) For the compliance cycle beginning January 1, 2028, a trajectory pathway, 83
	106	+	in accordance with the recommendations in the report required by subsection (h) of this section, 84
	107	+	which shall require a building to meet building- specific performance targets that are established 85
	108	+	upon a trajectory from a baseline determined by DOEE towards long- term performance targets 86
	109	+	determined by DOEE through rulemaking or publication on the DOEE website; and”. 87
	110	+	(e) Subsection (e) is amended as follows: 88
	111	+	(1) Paragraph (1) is amended by striking the phrase “financial distress, change of 89
	112	+	ownership, vacancy, major renovation, pending demolition, or other acceptable circumstances 90
	113	+	determined by DOEE by regulation” and inserting the phrase “change of ownership, major 91
	114	+	renovation, pending demolition, or other acceptable circumstances determined by DOEE by 92
	115	+	regulation” in its place. 93
	116	+	(2) A new paragraph (1A) is added to read as follows: 94 ENGROSSED ORIGINAL
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143	120
	121	+	5
144	122
145		-	___________________________________
146		-	Chairman
147		-	Council of the District of Columbia
	123	+	“(1A) DOEE shall establish criteria to exempt qualifying buildings from the 95
	124	+	building energy performance requirements for a given compliance cycle if the owner demonstrates, 96
	125	+	to the satisfaction of DOEE, financial distress, the qualifying building was below sufficient 97
	126	+	occupancy thresholds for either of the 2 years preceding the compliance cycle, or other acceptable 98
	127	+	circumstances determined by DOEE by regulation.”. 99
	128	+	(f) Subsection (g) is amended to read as follows: 100
	129	+	“(g)(1) Buildings failing to comply with the building energy performance requirements at 101
	130	+	the end of the 5- year compliance period shall pay an alternative compliance payment established 102
	131	+	by DOEE. 103
	132	+	“(2) DOEE may establish through rulemaking criter ia to allow a building owner to 104
	133	+	recover from its non- residential tenants all or part of an alternative compliance payment rendered 105
	134	+	pursuant to paragraph (1) of this subsection. 106
	135	+	“(3) Payments collected pursuant to this subsection shall be deposited into the 107
	136	+	Sustainable Energy Trust Fund.”. 108
	137	+	(g) A new subsection (j-1) is added to read as follows: 109
	138	+	“(j-1) DOEE shall amend appropriate regulations to remove the cost of interior mechanical 110
	139	+	and electrical upgrades that are undertaken for the express purpose of compliance with the 111
	140	+	requirements of this section from calculations to determine whether the project triggers 112
	141	+	Stormwater requirements.” 113
	142	+	114 ENGROSSED ORIGINAL
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153		-	_________________________________
154		-	Mayor
155		-	District of Columbia
156		-
157		-
158		-
	149	+	Sec. 4. Fiscal impact statement. 115
	150	+	The Council adopts the fiscal impact statement in the committee report as the fiscal impact 116
	151	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 117
	152	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 118
	153	+	Sec. 5. Effective date. 119
	154	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 120
	155	+	Mayor, action by the Council to override the veto), a 30 -day period of congressional review as 121
	156	+	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 122
	157	+	1973 (87 Stat. 788; D.C. Official Code §1- 206.02( c)(1)). 123