District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-1072 Compare Versions

Only one version of the bill is available at this time.

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9	9	MURIEL BOWSER
10	10	MAYOR
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13	13	December 11, 2024
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15	15	The Honorable Phil Mendelson
16	16	Chairman
17	17	Council of the District of Columbia
18	18	1350 Pennsylvania Avenue, N.W., Suite 504
19	19	Washington, DC 20004
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21	21	Dear Chairman Mendelson:
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23	23	Enclosed for consideration by the Council is proposed emergency legislation entitled the “Climate
24	24	Commitment Clarification Emergency Declaration Resolution of 2024” and the “Climate
25	25	Commitment Clarification Emergency Amendment Act of 2024” This legislation will clarify that
26	26	the Department of General Services (DGS) is allowed to repair and replace units and component
27	27	parts of fossil fuel-based heating and cooling systems.
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29	29	The current law mandates that the District may not install fossil fuel-based space or water heating
30	30	appliances. The law is intended to advance electrification, decreasing fossil fuel consumption
31	31	across the District. It is unclear, however, how DGS will continue to maintain existing fossil fuel-
32	32	based systems without replacing each system through a modernization or planned whole system
33	33	HVAC replacement project. A modernization or whole system HVAC replacement project for any
34	34	site requires multiple years to formulate and request a budget; develop, solicit, and evaluate
35	35	proposals; perform design review; engage stakeholders; swing occupants to an empty building;
36	36	and build or install the project -- all of which must be strategically planned.
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38	38	To date, the District has over 300 fossil fuel-based space heating appliances alone. There is
39	39	insufficient time, budget, and materials to switch every building to an all-electric system. There
40	40	would also be significant embodied carbon emissions associated with doing so. Hundreds of fossil
41	41	fuel-based systems possess many additional years of useful life to provide heating to the District
42	42	through the winter season and beyond.
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44	44	To wisely steward the District government’s limited resources and achieve the useful life of
45	45	existing systems, DGS will replace fossil fuel-based systems with all electric once these systems
46	46	are beyond repair or when deemed fully inoperable and appropriate for HVAC replacement.
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48	48	Approval of the enclosed emergency declaration and approval of the emergency legislation will
49	49	facilitate the ongoing maintenance of existing fossil fuel-based systems throughout the District.
50	50	I look forward to your prompt and favorable consideration of this resolution. In order to facilitate
51	51	a response to any questions you may have, please have your staff contact Director Delano Hunter.
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55	55	Sincerely,
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59	59	Muriel Bowser
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61	61	Enclosures
62	62	~ ~
63	63	3 at the request of the Mayor
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66	66	6 A BILL
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70	70	10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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75	75	15 To amend, on an emergency basis, the District Department of the Environment Establishment Act
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77	77	of 2005 to clarify that this act does not apply to the replacement of components or units of
78	78	1 7 existing space or water heating systems that rely on the combustion of natural gas, oil, or
79	79	18 other fossil fuels.
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81	81	20 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
82	82	21 act may be cited as the "Climate Commitment Clarification Emergency Amendment Act of
83	83	22 2024".
84	84	23 Sec.
85	85	2. Section 109e(a) of the District Department of the Environment
86	86	24 Establishment Act of 2005, effective September 21, 2022 (D.C. Law 24-176; D.C.
87	87	25 Official
88	88	Code§ 8-151.09e(a)), is amended as follows:
89	89	26 (a) The existing text is designated as paragraph (1).
90	90	27 (b) Paragraph (1) is amended by:
91	91	28 (1) Striking the
92	92	word "appliances" and inserting the word "systems" in its
93	93	29 place; and
94	94	30 (2) Striking the word "appliance" and inserting the word "system" in its
95	95	31 place.
96	96	32 (c) A new paragraph (2) is added to read as follows: “(2) This subsection does not apply to the replacement of components or 33
97	97	units of existing space or water heating systems that rely on the combustion of natural 34
98	98	gas, oil, or other fossil fuels at the site of the system.”. 35
99	99	Sec. 3. Fiscal impact statement. 36
100	100	The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 37
101	101	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 38
102	102	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code §1- 301.47a). 39
103	103	Sec. 4 Effective date. 40
104	104	This act shall take effect following approval by the Mayor (or in the event of veto by the 41
105	105	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 42
106	106	90 days, as provided for emergency acts of the Council of the District of Columbia in section 43
107	107	412(a) of the District of Columbia Home Rule Act approved December 24, 1973 (87 Stat. 788; 44
108	108	D.C. Official Code §1- 204.12(a)). 45 Government of the District of Columbia
109	109	Office of the Chief Financial Officer
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111	111	Glen Lee
112	112	Chief Financial Officer
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118	118	1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
119	119	www.cfo.dc.gov
120	120	MEMORANDUM
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122	122	TO: The Honorable Phil Mendelson
123	123	Chairman, Council of the District of Columbia
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125	125	FROM: Glen Lee
126	126	Chief Financial Officer
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128	128	DATE: November 26, 2024
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130	130	SUBJECT: Fiscal Impact Statement – Climate Commitment Clarification
131	131	Emergency Amendment Act of 2024
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133	133	REFERENCE: Draft bill provided to the Office of Revenue Analysis on November 22,
134	134	2024
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137	137	Conclusion
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139	139	Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
140	140	implement the bill.
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142	142	Background
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144	144	Beginning January 1, 2025, current law
145	145	1 prohibits the District from installing, in District-owned
146	146	buildings, space- or water-heating appliances that rely on the combustion of natural gas, oil, or other
147	147	fossil fuels at the site of the appliance, except in cases where compliance would be technically
148	148	infeasible.
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150	150	The bill modifies the law to apply to the installation of building systems, not the individual
151	151	components or units within existing systems.
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153	153	Financial Plan Impact
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155	155	Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
156	156	implement the bill. Narrowing the application of the requirement from all components of a building
157	157	system to the replacement of the whole system does not have an added cost.
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160	160	D.C. Official Code § 8-151.09e(a).
161	161	______________________________________________________________________________________________________
162	162	1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 735-7589 Email:
163	163	benjamin.moskowitz1@dc.gov
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165	165	GOVERNMENT OF THE DIST RICT OF COLUMBIA
166	166	Office of the Attorney General
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172	172	BRIAN L. SCHWALB
173	173	A
174	174	TTORNEY GENERAL
175	175
176	176	Legal Counsel Division
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179	179	TO: Tomás Talamante
180	180	Director
181	181	Office of Policy and Legislative Affairs
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183	183	FROM: Ben Moskowitz
184	184	Acting Deputy Attorney General
185	185	Legal Counsel Division
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187	187	DATE: November 20, 2024
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189	189	RE: Legal Sufficiency Review of Draft Legislation, the “Climate Commitment
190	190	Clarification Emergency Amendment Act of 2024” and the “Climate
191	191	Commitment Clarification Temporary Amendment Act of 2024”, and Draft
192	192	Resolution, the “Climate Commitment Clarification Emergency Declaration
193	193	Resolution of 2024”
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195	195	(AE-24-397)
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198	198	This is to Certify that this Office has reviewed the above-
199	199	referenced draft legislation and draft resolution and found each to be legally sufficient. If you have any questions in this regard, please do not hesitate to call me at (202) 735-7589.
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204	204	_________________________________
205	205	Ben Moskowitz