MURIEL BOWSER
MAYOR
February 14, 2024
The Honorable Phil Mendelson, Chairman
Councilofthe District ofColumbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and enactment by the Councilof the District ofColumbia is the “Green
Building Requirements Amendment Act of2024.”
‘The proposed legislation amends the Green Building Act of 2006 by modifying the requirement that
lential projects that are District-owned or District instrumentality-owned, or where at least 15%ofthe
total cost is District-financed or District instrumentality-financed, “maintain net zero energy compliance.”
Applying net-zero energy requirements to affordable housing developments with commitments of
financing or land dispositions from the District will require significant redesign and rescoping. Moreover,
the requirement will create substantial financing gaps that District resources would be required to fill for
the projects to proceed.
In addition, the requirement is premature. Comprehensive net-zero regulations have yet to be finalized
and integrated with other elementsofthe construction codes. Determining how to maintain net-zero
compliance today will be considerably more complex and costly than will be the case when this
integration occurs. We expect the process for updating the construction codes—including an appropriate
net-zero standard—to be completed in 2026, at which point the net-zero requirements will apply to these
projects.
The Council has acknowledged the seriousness of these issues by twice enacting emergency and
temporary legislation that provides a limited exemption for residential projects. However, the limited
natureofthe exemption leaves many project
residents.
urge the Council to take prompt and favorable action on the enclosed legislation.
Sincefy,
Muriel Bowst
1
2
3
-;;#';~
~Mendelson
4 at the request of the Mayor
5
6
7 A BILL
8
9
10
11 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12
13
14 To amend the Green Building Act of 2006 to repeal the requirement that certain residential
15 projects maintain net zero energy compliance.
16
17 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
18 act may be cited as the "Green Building Requirements Amendment Act of 2024".
19 Sec. 2. Section 3(a)(3) of the Green Building Act of 2006, effective March 8, 2007 (D.C.
20 Law 16-234; D.C. Official Code§ 6-1451.02(a)(3)), is amended as follows:
21 (1) Subparagraph (A) is amended by striking the semicolon and inserting the phrase";
22 and" in its place.
23 (2) Subparagraph (B) is amended by striking the phrase"; and" and inserting a period in
24 its place.
25 (3) Subparagraph (C) is repealed.
26 Sec. 3. Fiscal impact statement.
27 The Council adopts the fiscal impact statement in the committee report as the fiscal
28 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
29 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ l-301.47a) .
30 Sec. 4. Effective date .
31 This act shall take effect following approval by the Mayor (or in the event of veto by the
32 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
33 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
34 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
35 Columbia Register.
Government of the District of Columbia
Office of the Chief Financial Officer
Glen Lee
Chief Financial Officer
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Glen Lee
Chief Financial Officer
DATE: January 3, 2024
SUBJECT: Fiscal Impact Statement – Green Building Requirements Amendment
Act of 2024
REFERENCE: Draft Bill as provided to the Office of Revenue Analysis on January 2,
2024
Conclusion
Funds are sufficient in the fiscal year 2024 through fiscal year 2027 budget and financial plan to
implement the bill.
Background
The Mayor is required to issue regulations mandating that all new construction and substantial
building improvements be constructed to a net-zero energy standard. These regulations must be
issued by December 31, 2026.1 Further, the District recently required all District- or District
instrumentality-owned or financed (District-supported) projects to meet a net-zero energy standard
immediately.2 The immediate implementation of a net-zero energy standard for District-supported
residential projects where the District or related entities committed assistance prior to December
31, 2023 is currently delayed3 until the regulations are issued.
1 Clean Energy DC Building Code Amendment Act of 2022, effective September 21, 2022 (D.C. Law 24-177;
D.C. Official Code § 6-1453.01(b)).
2 Greener Government Buildings Amendment Act of 2023, effective March 10, 2023 (D.C. Law 306; 70 DCR
3537).
3 Green Housing Transition Extension Emergency Amendment Act of 2023, enacted December 21, 2023 (D.C.
Act 25-336; 70 DCR 16588).
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.dc.gov
The Honorable Phil Mendelson
FIS: “Green Building Requirements Amendment Act of 2024,” Draft bill as provided to the Office of Revenue
Analysis on January 2, 2024
The bill repeals the requirement that District-supported residential buildings maintain a net-zero
energy standard immediately and will allow them to meet the requirement once the regulations are
issued.
Financial Plan Impact
Funds are sufficient in the fiscal year 2024 through fiscal year 2027 budget and financial plan to
implement the bill. There are no impacts on the District’s budget or financial plan to allow District-
supported residential projects to meet a net-zero energy standard only once the District issues
regulations.
Page 2 of 2
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
Legal Counsel Division
MEMORANDUM
TO: Dan Emerine
Legislative Director
Department of Energy & Environment
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE: January 3, 2024
RE: Green Building Requirements Clarification Amendment Act of 2023
(AE-23-519 C)
_____________________________________________________________________________________
This is to Certify that the Office of the Attorney General has reviewed the
legislation entitled the “Green Building Requirements Clarification Amendment Act of 2023” and
determined that it is legally sufficient. If you have any questions, please do not hesitate to call me at
(202) 724-5524.
_________________________________
Megan D. Browder
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Email: megan.browder@dc.gov