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District Of Columbia Council Bill B26-0006

District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0006 Compare Versions

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1- ENROLLED ORIGINAL
2-
3-
4-
5-AN ACT
6-
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
16-Act of 2005 to clarify that the restriction on installing fossil fuel -burning systems shall
17-not apply to the replacement of components of existing space- or water-heating
18-appliances that rely on the combustion of natural gas, oil, or other fossil fuels.
19-
20- BE IT ENACTED BY THE COUNC IL OF THE DISTRICT OF COLUMBIA, That this
21-act may be cited as the “Climate Commitment Clarification Emergency Amendment Act of
22-2025”.
23-
24- Sec. 2. S ection 109e of the District Department of the Environment Establishment Act of
25-2005, effective September 21, 2022 (D.C. Law 24-176; D.C. Official Code § 8- 151.09e), is
26-amended as follows:
27- (a) The section heading is amended by striking the phrase “and appliances by” and
28-inserting the phrase “and systems by” in its place.
29-(b) Subsection (a) is amended as follows:
30-(1) Designate the existing text as paragraph (1).
31-(2) Paragraph (1) is amended as follows :
32-(A) Strike the phrase “ water-heating appliances that” and insert the phrase
33-“water-heating systems that ” in its place.
34-(B) Strike the phrase “the appliance, except ” and insert the phrase “ the
35-system, except” in its place.
36-(3) A new paragraph (2) is added to read as follows:
37-“(2) This subsection shall not apply to the replacement of components of existing
38-space- or water-heating appliances that rely on the combustion of natural gas, oil, or other fossil
39-fuels at the site of the system.”.
40-
41- Sec. 3. Applicability.
42- This act shall apply as of January 1, 2025.
43-
44-Sec. 4. Fiscal impact statement.
45- The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
46-statement required by section 4a of the General Legislative Procedures Act of 1975, approved ENROLLED ORIGINAL
47-
48-
49-
50-October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
51-
52-Sec. 5. Effective date.
53-This act shall take effect following approval by the Mayor (or in the event of veto by the
54-Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
55-90 days, as provided for emergency acts of the Council of the District of Columbia in section
56-412(a) of the District of Columbia Home Rule Act approved December 24, 1973 (87 Stat. 788;
57-D.C. Official Code § 1- 204.12(a)).
58-
59-
60-
61-
62-
63-___________________________________
1+MURIEL BOWSER
2+MAYOR
3+January 2, 2025
4+The Honorable Phil Mendelson
645 Chairman
65-Council of the District of Columbia
66-
67-
68-
69-
70-
71-_________________________________
72-Mayor
73-District of Columbia
74-
75-
76-
77-
6+Council
7+of the District of Columbia
8+1350 Pennsylvania Avenue, N.W., Suite 504
9+Washington,
10+DC 20004
11+Dear Chairman Mendelson:
12+Enclosed for consideration by the Council
13+is proposed emergency legislation entitled the "Climate
14+Commitment Clarification Emergency Declaration Resolution
15+of 2025", the "Climate Commitment
16+Clarification Emergency Amendment Act
17+of 2025" and the "Climate Commitment Clarification
18+Temporary Amendment Act
19+of 2025". This legislation will clarify that the Department of General
20+Services (DGS)
21+is allowed to repair and replace units and component parts of fossil fuel-based
22+heating and cooling systems and upon approval by Council be retroactively applicable
23+as of
24+January 1, 2025, the first effective date for the Climate Commitment Act.
25+The current law mandates that the District may not install fossil fuel-based space or water heating
26+appliances. The law is intended to advance electrification, decreasing fossil fuel consumption
27+across the District. It
28+is unclear, however, how DGS will continue to maintain existing fossil fuel­
29+based systems without replacing each system through a modernization or planned whole system
30+HVAC replacement project. A modernization or whole system HVAC replacement project for any
31+site requires multiple years
32+to formulate and request a budget; develop, solicit, and evaluate
33+proposals; perform design review; engage stakeholders; swing occupants
34+to an empty building; and
35+build or install the project
36+--all of which must be strategically planned.
37+To date, the District has over 300 fossil fuel-based space heating appliances alone. There is
38+insufficient time, budget, and materials to switch every building to an all-electric system. There
39+would also be significant embodied carbon emissions associated with doing
40+so. Hundreds of fossil
41+fuel-based systems possess many additional years
42+of useful life to provide heating to the District
43+through the winter season and beyond.
44+To wisely steward the District government's limited resources and achieve the useful life
45+of
46+existing systems, DGS will replace fossil fuel-based systems with all electric once these systems
47+are beyond repair or when deemed fully inoperable and appropriate for
48+HV AC replacement.
49+Approval
50+of the enclosed emergency declaration and approval of the emergency and temporary
51+legislation will facilitate the ongoing maintenance
52+of existing fossil fuel-based systems throughout
53+the District.
54+I look forward to your prompt and favorable consideration
55+of this resolution. In order to facilitate a
56+response to any questions you may have, please have your staff contact Director Delano Hunter. Sincerely, 1
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88+33
89+~~
90+at the request of the Mayor
91+A BILL
92+IN THE COUNCIL
93+OF THE DISTRICT OF COLUMBIA
94+To amend, on
95+an emergency basis, the District Department of the Environment Establishment Act
96+of 2005 to clarify that this act does not apply to the replacement of components or units of
97+existing space or water heating systems that rely on the combustion of natural gas, oil, or
98+other fossil fuels.
99+BE IT ENACTED BY THE COUNCIL
100+OF THE DISTRICT OF COLUMBIA, That this
101+act may be cited
102+as the "Climate Commitment Clarification Emergency Amendment Act of2025".
103+Sec.
104+2. Section 109e(a) of the District Department of the Environment
105+Establishment
106+Act of 2005, effective September 21, 2022 (D.C. Law 24-176; D.C.
107+Official
108+Code§ 8-151.09e(a)), is amended as follows:
109+(a) The existing text is designated as paragraph ( 1).
110+(b) Paragraph (
111+1) is amended as follows:
112+(1) Strike the word "appliances" and insert the word "systems" in its place;
113+and
114+(2) Strike the
115+word "appliance" and insert the word "system" in its place.
116+(c) A
117+new paragraph (2) is added to read as follows:
118+"(2) This subsection does not apply to the replacement
119+of components or
120+units of existing space or water heating systems that rely on the combustion of natural
121+gas, oil,
122+or other fossil fuels at the site of the system.". 34 Sec. 3. Fiscal impact statement.
123+3
124+5 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
125+3 6 impact statement required by section 4a
126+of the General Legislative Procedures Act of 197 5,
127+37 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1-301.47a).
128+38 Sec. 4. Applicability.
129+3 9 This act shall apply
130+as of January 1, 2025.
131+40 Sec. 5. Effective date.
132+41 This act shall take effect following approval by the Mayor ( or in the event
133+of veto by the
134+42 Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
135+43 90 days,
136+as provided for emergency acts of the Council of the District of Columbia in section
137+44 412(a) of the District of Columbia Home Rule Act approved December 24, 1973 (87 Stat. 788;
138+45 D.C. Official Code§ 1-204.12(a)). GOVERNMENT OF THE DISTRICT OF COLUMBIA
139+Office of the Attorney General
140+***
141+--
142+BRIAN L. SCHWALB
143+ATTORNEY GENERAL
144+Legal Counsel Division
145+TO: Tomas Talamante
146+Director
147+FROM:
148+DATE:
149+RE:
150+Office of Policy and Legislative Affairs
151+Ben Moskowitz
152+Acting Deputy Attorney General
153+Legal Counsel Division
154+December 31, 2024
155+Legal Sufficiency Review of Draft Legislation, the "Climate Commitment
156+Clarification Emergency Amendment Act of 2025" and the "Climate
157+Commitment Clarification Temporary Amendment Act of 2025", and Draft
158+Resolution, the "Climate Commitment Clarification Emergency
159+Declaration Resolution of 2025"
160+(AE-24-397
161+B)
162+This is to Certify that this Office has reviewed the above­
163+referenced draft legislation and
164+draft resolution and found each to be legally sufficient. If
165+you have any questions in this regard, please do not hesitate to call me at (202) 735-7589.
166+Ben Moskowitz
167+1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 735-7589 Email:
168+benjamin.moskowitz l@
169+dc.gov