District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0545 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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6	1		1
7		-
8		-	A RESOLUTION
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10		-	25-374
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12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	December 5, 2023
15		-
16		-
17		-	To declare an emergency with respect to the need to amend the Green Buildings Act of 2006 to
18		-	temporarily postpone the applicability of net zero energy requirements to District-
19		-	financed housing.
20		-
21		-	RESOLVED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22		-	resolution may be cited as the “Green Housing Transition Extension Emergency Declaration Resolution of 2023”.
23		-	Sec. 2. (a) Net zero energy building standard s require that a building’s energy
24		-	consumption not exceed the building’s onsite or dedicated offsite renewable energy generation and that no fossil fuel combustion takes place at the building.
25		-	(b) Under current law , the Mayor is required to promulgate rules by the end of calendar
26		-	year 2026 that will impose a version of the net zero energy building standard on most new and
27		-	substantially improved buildings.
28		-	(c) On January 12, 2023, Mayor Bowser signed into law the Greener Government
29		-	Buildings Act of 2022, which among other things compels District government agencies to achieve net zero energy compliance in most new or substantially improved government and
30		-	government-funded buildings. The effect of the net zero energy compliance provisions of the
31		-	Greener Government Buildings Amendment Act of 2022 would be to accelerate existing net zero mandates specifically for government and government-funded buildings.
32		-	(d) As part of the Fiscal Year 2024 budget process, the Council funded the Greener
33		-	Government Buildings Amendment Act of 2022 and repealed its subject-to-appropriations
34		-	provision, allowing it to become applicable.
35		-	(e) Following the conclusion of the budget process, the Department of Housing and
36		-	Community Development (“DHCD” ) raised concerns that the applicability of the newly
37		-	accelerated net zero energy mandate wou ld render infeasible a number of ongoing housing
38		-	development projects, because DHCD and its housing finance partner agencies had already
39		-	approved detailed applications for District government financing that were developed at a time when net zero energy design requirements were not in effect and therefore did not take net zero
40		-	energy design requirements into account. ENROLLED ORIGINAL
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42		-
43		-
44		-
45		-	2
46		-
47		-	(f) In the Green Housing Transition Emergency Declaration Resolution of 2023, the
48		-	Council noted that abruptly abandoning existing housing development finance plans would mean
49		-	missing out on important opportunities to increase affordable housing and retain lower-income
50		-	households in the District. Therefore, on June 20, 2023, the Council passed the Green Housing
51		-	Transition Emergency Amendment Act of 2023, which exempted from the net zero energy
52		-	mandate all District- financed affordable housing projects for which funding was committed prior
53		-	to December 31, 2023.
54		-	(g) Despite this grace period, DHCD has raised concern that some projects that were
55		-	already far along the development pipeline, and for which the District government has already
56		-	indicated support, still have not received all necessary funding commitments . Most notably, they
57		-	are concerned that the existing emergency would not allow the DC Housing Finance Agency
58		-	(“DCHFA” ) to award funds to several such projects as part of the upcoming January 2024 round
59		-	of financing awards.
60		-	(h) As a result of ongoing negotiations, f urther legislation from the Mayor is anticipated.
61		-	In the meantime, additional emergency legislation is needed to, at minimum, protect the projects
62		-	currently under contemplation for the January 2024 round of DCHFA funding.
63		-
64		-	Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
65		-	an emergency making it necessary that the Green Housing Transition Extension Emergency
66		-	Amendment Act of 2023 be adopted after a single reading.
67		-
68		-	Sec. 4. This resolution shall take effect immediately.
	2	+	Councilmember Robert C. White, Jr. 2
	3	+	3
	4	+	4
	5	+	5
	6	+	A PROPOSED RESOLUTION 6
	7	+	__________ 7
	8	+	8
	9	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
	10	+	____________________ 10
	11	+	11
	12	+	To declare an emergency with respect to the need to amend the Green Buildings Act of 2006 to 12
	13	+	temporarily postpone the applicability of net zero energy requirements to District-13
	14	+	financed housing. 14
	15	+	15
	16	+	RESOLVED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16
	17	+	resolution may be cited as the “Green Housing Transition Extension Emergency Declaration 17
	18	+	Resolution of 2023”. 18
	19	+	Sec. 2. (a) Net zero energy building standard s require that a building’s energy 19
	20	+	consumption not exceed the building’s onsite or dedicated offsite renewable energy generation 20
	21	+	and that no fossil fuel combustion take place at the building. 21
	22	+	(b) Under current law , the Mayor is required to promulgate rules by the end of calendar 22
	23	+	year 2026 that will impose a version of the net zero energy building standard on most new and 23
	24	+	substantially improved buildings. 24
	25	+	(c) On January 12, 2023, Mayor Bowser signed into law the Greener Government 25
	26	+	Buildings Act of 2022, which among other things compels District government agencies to 26
	27	+	achieve net zero energy compliance in most new or substantially improved government and 27
	28	+	government-funded buildings. The effect of the net zero energy compliance provisions of the 28
	29	+	Greener Government Buildings Amendment Act of 2022 would be to accelerate existing net zero 29
	30	+	mandates specifically for government and government-funded buildings. 30 (d) As part of the Fiscal Year 2024 budget process, the Council funded the Greener 31
	31	+	Government Buildings Amendment Act of 2022 and repealed its subject-to-appropriations 32
	32	+	provision, allowing it to become applicable. 33
	33	+	(e) Following the conclusion of the budget process, the Department of Housing and 34
	34	+	Community Development (DHCD) raised concerns that the applicability of the newly 35
	35	+	accelerated net zero energy mandate wou ld render infeasible a number of ongoing housing 36
	36	+	development projects, because DHCD and its housing finance partner agencies had already 37
	37	+	approved detailed applications for District government financing that were developed at a time 38
	38	+	when net zero energy design requirements were not in effect and therefore did not take net zero 39
	39	+	energy design requirements into account. 40
	40	+	(f) In the Green Housing Transition Emergency Declaration Resolution of 2023, the 41
	41	+	Council noted that abruptly abandoning existing housing development finance plans would mean 42
	42	+	missing out on important opportunities to increase affordable housing and retain lower-income 43
	43	+	households in the District. Therefore, on June 20, 2023, the Council passed the Green Housing 44
	44	+	Transition Emergency Amendment Act of 2023, which exempted from the net zero energy 45
	45	+	mandate all District- financed affordable housing projects for which funding was committed prior 46
	46	+	to December 31, 2023. 47
	47	+	(g) Despite this grace period, DHCD has raised concern that some projects that were 48
	48	+	already far along the development pipeline, and for which the District government has already 49
	49	+	indicated support, still have not received all necessary funding commitments . Most notably, they 50
	50	+	are concerned that the existing emergency would not allow the DC Housing Finance Agency 51
	51	+	(DCHFA) to award funds to several such projects as part of the upcoming January 2024 round of 52
	52	+	financing awards. 53 (h) As a result of ongoing negotiations, f urther legislation from the Mayor is anticipated. 54
	53	+	In the meantime, additional emergency legislation is needed to, at minimum, protect the projects 55
	54	+	currently under contemplation for the January 2024 round of DCHFA funding. 56
	55	+	Sec. 3. The Council of the District of Columbia determines that the circumstances 57
	56	+	enumerated in section 2 constitute an emergency making it necessary that the Green Housing 58
	57	+	Transition Extension Emergency Amendment Act of 2023 be adopted after a single reading. 59
	58	+	Sec. 4. This resolution shall take effect immediately. 60