ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on an emergency basis, the Housing Production Trust Fund Act of 1988 to insert net
zero energy requirements for large residential and mixed-use construction projects
receiving Fund assistance; the Clean Energy DC Building Code Amendment Act of 2022
to require periodic reporting on the development of universal net zero energy building
code regulations that will apply to residential and mixed-use construction; and the Green
Building Act of 2006 to remove those net zero energy compliance provisions inserted by
the Greener Government Buildings Amendment Act of 2022 that apply to residential and
mixed-use projects.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Green Housing Coordination Emergency Amendment Act of 2024”.
Sec. 2. The Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C.
Law 7-202; D.C. Official Code §§ 42-2801 et seq.), is amended by adding a new section 6 to
read as follows:
“Sec. 6. Net zero energy requirements for subsidized projects.
“(a)(1) Beginning no later than October 1, 2025, any request for housing proposals
involving the Fund shall include a requirement that proposals for new construction of 50,000
square feet or more receiving Fund support must satisfy EGCC element 5.4, “Achieving Zero
Energy,” or an equivalent standard as determined by the Department in consultation with the
Department of Buildings.
“(2) Notwithstanding paragraph (1) of this subsection, the Department may accept
proposals that satisfy EGCC element 5.2b, “Moving to Zero Energy: Near Zero Certification,” or
an equivalent standard as determined by the Department in consultation with the Department of
Buildings, if the Director of the Department issues a written finding that this lesser standard is
necessary to ensure affordable housing development in the immediate term and includes the
basis for this finding.
“(b) Beginning no later than October 1, 2025, any request for housing proposals
involving the Fund shall include a requirement that proposals for new construction of 50,000
square feet or more receiving Fund support must satisfy EGCC element 5.5b, “Moving to Zero
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Carbon: All Electric,” or an equivalent standard as determined by the Department in consultation
with the Department of Buildings.
“(c) Nothing in this section shall be construed to limit the applicability of any other
environmental standards, including the Green Building Act of 2006, effective March 8, 2007
(D.C. Law 16-234; D.C. Official Code § 6-1451.01 et seq.).
“(d) This section shall expire upon the effective date of final regulations promulgated
pursuant to section 2(b)(1) of the 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)(1)).
“(e) For the purposes of this section, the term “EGCC” means the 2020 Enterprise Green
Communities Criteria issued by Enterprise Community Partners.”.
Sec. 3. The 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 et seq.), is amended by
inserting a new section 2a to read as follows:
“Sec. 2a. Report on barriers to net zero energy ready affordable housing development.
“(a) No later than April 1, 2025, and every 6 months thereafter, the Department of
Buildings (“Department”) shall submit to the Council a report detailing its progress toward
developing the regulations required by section 2. Each report shall include a discussion of major
questions that the Department needs to resolve before it can issue the regulations, plans to
resolve those questions, and comments on any existing laws that pose significant challenges to
successful development and implementation of the regulations. The Department may also
include recommended changes to existing laws that would allow substantial affordable housing
development and preservation to continue while still securing meaningful, immediate reductions
in energy waste, greenhouse gas emissions, and onsite fossil fuel combustion.
“(b) In preparing each report required under this section, the Department shall hold at
least one public meeting with the Department of Energy and Environment, local climate
advocacy organizations, and housing development and preservation professionals with
substantial experience delivering high-efficiency projects in the District.
“(c) Nothing in this section shall be construed to establish a new cause of action to
challenge the validity of any regulations issued pursuant to section 2.
“(d) This section shall expire upon the effective date of final regulations promulgated
pursuant to section 2(b)(1).”.
Sec. 4. Section 3(a) of the Green Building Act of 2006, effective March 8, 2007 (D.C.
Law 16-234; D.C. Official Code § 6-1451.02(a)), is amended as follows:
(a) Paragraph (3) is amended as follows:
(1) Subparagraph (A) is amended by striking the semicolon and inserting the
phrase “; and” in its place.
(2) Subparagraph (B) is amended by striking the phrase “; and” and inserting a
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period in its place.
(3) Subparagraph (C) is repealed.
(b) Paragraph (6) is amended by striking the phrase “shall maintain net zero energy
compliance and fulfill” and inserting the phrase “shall fulfill” in its place.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
statement required by section 4a of the General Legislative Procedures Act of 1975, approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 6. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
90 days, as provided for emergency acts of the Council of the District of Columbia in section
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
D.C. Official Code § 1-204.12(a)).
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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