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District Of Columbia Council Bill B26-0007

District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0007 Compare Versions

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1- ENGROSSED ORIGINAL
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7-A BILL 1
1+MURIEL BOWSER
2+MAYOR
3+January 2, 2025
4+The Honorable Phil Mendelson
5+Chairman
6+Council
7+of the District of Columbia
8+1350 Pennsylvania Avenue, N.W., Suite 504
9+Washington, DC 20004
10+Dear Chairman Mendelson:
11+Enclosed for consideration by the Council
12+is proposed emergency legislation entitled the "Climate
13+Commitment Clarification Emergency Declaration Resolution
14+of 2025", the "Climate Commitment
15+Clarification Emergency Amendment Act
16+of 2025" and the "Climate Commitment Clarification
17+Temporary Amendment Act
18+of 2025". This legislation will clarify that the Department of General
19+Services (DGS)
20+is allowed to repair and replace units and component parts of fossil fuel-based
21+heating and cooling systems and upon approval by Council be retroactively applicable
22+as of
23+January 1, 2025, the first effective date for the Climate Commitment Act.
24+The current law mandates that the District may not install fossil fuel-based space or water heating
25+appliances. The law
26+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 to formulate and request a budget; develop, solicit, and evaluate
32+proposals; perform design review; engage stakeholders; swing occupants to an empty building; and
33+build or install the project
34+--all of which must be strategically planned.
35+To date, the District has over 300 fossil fuel-based space heating appliances alone. There
36+is
37+insufficient time, budget, and materials to switch every building to an all-electric system. There
38+would also be significant embodied carbon emissions associated with doing
39+so. Hundreds of fossil
40+fuel-based systems possess many additional years
41+of useful life to provide heating to the District
42+through the winter season and beyond.
43+To wisely steward the District government's limited resources and achieve the useful life
44+of
45+existing systems, DGS will replace fossil fuel-based systems with all electric once these systems
46+are beyond repair or when deemed fully inoperable and appropriate for HV
47+AC replacement.
48+Approval
49+of the enclosed emergency declaration and approval of the emergency and temporary
50+legislation will facilitate the ongoing maintenance
51+of existing fossil fuel-based systems throughout
52+the District.
53+I look forward to your prompt and favorable consideration
54+of this resolution. In order to facilitate a
55+response to any questions you may have, please have your staff contact Director Delano Hunter. Sincerely, 1
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10-26-7
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14-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7
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16-___________ 9
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19-To amend, on a temporary basis, the District Department of the Environment Establishment Act 12
20-of 2005 to clarify that this act does not apply to the replacement of components or units of 13
21-existing space- or water-heating systems that rely on the combustion of natural gas, oil, or 14
22-other fossil fuels. 15
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2370 16
24- BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 17
25-act may be cited as the “Climate Commitment Clarification Temporary Amendment Act of 2025 ”. 18
26- Sec. 2. S ection 109e of the District Department of the Environment Establishment Act of 19
27-2005, effective September 21, 2022 (D.C. Law 24-176; D.C. Official Code § 8- 151.09e), is 20
28-amended as follows: 21
29- (a) The section heading is amended by striking the phrase “and appliances by” and inserting 22
30-the phrase “and systems by” in its place. 23
31-(b) The existing text is designated as paragraph (1). 24
32-(c) Paragraph (1) is amended as follows : 25
33-(1) Strike the phrase “water-heating appliances that” and insert the phrase “water-26
34-heating systems that ” in its place; and 27 ENGROSSED ORIGINAL
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40-(2) Strike the phrase “the appliance, except ” and insert the phrase “the system, 28
41-except” in its place. 29
42-(d) A new paragraph (2) is added to read as follows: 30
43-“(2) This subsection does not apply to the replacement of components of existing 31
44-space- or water-heating appliances that rely on the combustion of natural gas, oil, or other fossil 32
45-fuels at the site of the system.”. 33
46- Sec. 3. Fiscal impact statement. 34
47- The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 35
48-impact statement required by section 4a of the General Legislative Procedures Act of 1975, 36
49-approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 37
50- Sec. 4. Applicability. 38
51- This act shall apply as of January 1, 2025. 39
52-Sec. 5. Effective date. 40
53-(a) This act shall take effect following approval by the Mayor (or in the event of veto by 41
54-the Mayor, action by the Council to override the veto), a 30- day period of congressional review as 42
55-provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 43
56-1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 44
57-Columbia Register. 45
58-(b) This act shall expire on September 3, 2025. 46
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87+A BILL
88+#~~
89+fiairman Phil Mendelson
90+at the request
91+of the Mayor
92+IN THE COUNCIL
93+OF THE DISTRICT OF COLUMBIA
94+To amend, on a temporary basis, the District Department
95+of the Environment Establishment Act
96+of 2005 to clarify that this act does not apply to the replacement of components or units
97+of existing space or water heating systems that rely on the combustion of natural gas, oil,
98+or other fossil fuels.
99+BE IT ENACTED BY THE COUNCIL
100+OF THE DISTRICT OF COLUMBIA, That this
101+act may be cited as the "Climate Commitment Clarification Temporary Amendment Act
102+of 2025".
103+Sec. 2. Section 109e(a)
104+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)
110+The existing text is designated as paragraph (1).
111+(b)
112+Paragraph ( 1) is amended as follows:
113+( 1) Strike the
114+word "appliances" and insert the word "systems" in its
115+place; and
116+(2) Strike the
117+word "appliance" and insert the word "system" in its place.
118+(c) A
119+new paragraph (2) is added to read as follows: 33 "(2) This subsection does not apply to the replacement of components or
120+34 units
121+of existing space or water heating systems that rely on the combustion of natural
122+35 gas, oil,
123+or other fossil fuels at the site of the system.".
124+36 Sec. 3. Fiscal impact statement.
125+3 7 The Council adopts the fiscal impact statement
126+of the Chief Financial Officer as
127+3 8 the fiscal impact statement required
128+by section 4a of the General Legislative Procedures
129+39
130+Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1-
131+40 301.47a).
132+41 Sec. 4. Applicability.
133+42 This act shall apply as
134+of January 1, 2025.
135+43 Sec.
136+5. Effective date.
137+44 (a) This act shall take effect following approval by the Mayor ( or in the event of
138+45 veto by the Mayor, action by the Council to override the veto), a 30-day period of
139+46 congressional review as provided in section 602( c )( 1) of the District of Columbia Home
140+47 Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code§ 1-
141+48
142+206.02(c)(l)), and publication in the District of Columbia Register.
143+49 (b) This act shall expire on September 3, 2025.