MURIEL BOWSER
MAYOR
December 11, 2024
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W., Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration by the Council is proposed emergency legislation entitled the “Climate
Commitment Clarification Emergency Declaration Resolution of 2024” and the “Climate
Commitment Clarification Emergency Amendment Act of 2024” This legislation will clarify that
the Department of General Services (DGS) is allowed to repair and replace units and component
parts of fossil fuel-based heating and cooling systems.
The current law mandates that the District may not install fossil fuel-based space or water heating
appliances. The law is intended to advance electrification, decreasing fossil fuel consumption
across the District. It is unclear, however, how DGS will continue to maintain existing fossil fuel-
based systems without replacing each system through a modernization or planned whole system
HVAC replacement project. A modernization or whole system HVAC replacement project for any
site requires multiple years to formulate and request a budget; develop, solicit, and evaluate
proposals; perform design review; engage stakeholders; swing occupants to an empty building;
and build or install the project -- all of which must be strategically planned.
To date, the District has over 300 fossil fuel-based space heating appliances alone. There is
insufficient time, budget, and materials to switch every building to an all-electric system. There
would also be significant embodied carbon emissions associated with doing so. Hundreds of fossil
fuel-based systems possess many additional years of useful life to provide heating to the District
through the winter season and beyond.
To wisely steward the District government’s limited resources and achieve the useful life of
existing systems, DGS will replace fossil fuel-based systems with all electric once these systems
are beyond repair or when deemed fully inoperable and appropriate for HVAC replacement.
Approval of the enclosed emergency declaration and approval of the emergency legislation will
facilitate the ongoing maintenance of existing fossil fuel-based systems throughout the District.
I look forward to your prompt and favorable consideration of this resolution. In order to facilitate
a response to any questions you may have, please have your staff contact Director Delano Hunter.
Sincerely,
Muriel Bowser
Enclosures
~ ~
3 at the request of the Mayor
4
5
6 A BILL
7
8
9
10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11
12
13
14
15 To amend, on an emergency basis, the District Department of the Environment Establishment Act
16
of 2005 to clarify that this act does not apply to the replacement of components or units of
1 7 existing space or water heating systems that rely on the combustion of natural gas, oil, or
18 other fossil fuels.
19
20 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
21 act may be cited as the "Climate Commitment Clarification Emergency Amendment Act of
22 2024".
23 Sec.
2. Section 109e(a) of the District Department of the Environment
24 Establishment Act of 2005, effective September 21, 2022 (D.C. Law 24-176; D.C.
25 Official
Code§ 8-151.09e(a)), is amended as follows:
26 (a) The existing text is designated as paragraph (1).
27 (b) Paragraph (1) is amended by:
28 (1) Striking the
word "appliances" and inserting the word "systems" in its
29 place; and
30 (2) Striking the word "appliance" and inserting the word "system" in its
31 place.
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
units of existing space or water heating systems that rely on the combustion of natural 34
gas, oil, or other fossil fuels at the site of the system.”. 35
Sec. 3. Fiscal impact statement. 36
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 37
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 38
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code §1- 301.47a). 39
Sec. 4 Effective date. 40
This act shall take effect following approval by the Mayor (or in the event of veto by the 41
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 42
90 days, as provided for emergency acts of the Council of the District of Columbia in section 43
412(a) of the District of Columbia Home Rule Act approved December 24, 1973 (87 Stat. 788; 44
D.C. Official Code §1- 204.12(a)). 45 Government of the District of Columbia
Office of the Chief Financial Officer
Glen Lee
Chief Financial Officer
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.dc.gov
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Glen Lee
Chief Financial Officer
DATE: November 26, 2024
SUBJECT: Fiscal Impact Statement – Climate Commitment Clarification
Emergency Amendment Act of 2024
REFERENCE: Draft bill provided to the Office of Revenue Analysis on November 22,
2024
Conclusion
Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
implement the bill.
Background
Beginning January 1, 2025, current law
1 prohibits the District from installing, in District-owned
buildings, space- or water-heating appliances that rely on the combustion of natural gas, oil, or other
fossil fuels at the site of the appliance, except in cases where compliance would be technically
infeasible.
The bill modifies the law to apply to the installation of building systems, not the individual
components or units within existing systems.
Financial Plan Impact
Funds are sufficient in the fiscal year 2025 through fiscal year 2028 budget and financial plan to
implement the bill. Narrowing the application of the requirement from all components of a building
system to the replacement of the whole system does not have an added cost.
1
D.C. Official Code § 8-151.09e(a).
______________________________________________________________________________________________________
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 735-7589 Email:
benjamin.moskowitz1@dc.gov
GOVERNMENT OF THE DIST RICT OF COLUMBIA
Office of the Attorney General
BRIAN L. SCHWALB
A
TTORNEY GENERAL
Legal Counsel Division
TO: Tomás Talamante
Director
Office of Policy and Legislative Affairs
FROM: Ben Moskowitz
Acting Deputy Attorney General
Legal Counsel Division
DATE: November 20, 2024
RE: Legal Sufficiency Review of Draft Legislation, the “Climate Commitment
Clarification Emergency Amendment Act of 2024” and the “Climate
Commitment Clarification Temporary Amendment Act of 2024”, and Draft
Resolution, the “Climate Commitment Clarification Emergency Declaration
Resolution of 2024”
(AE-24-397)
This is to Certify that this Office has reviewed the above-
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.
_________________________________
Ben Moskowitz