Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                        A RESOLUTION

                                              25-696

                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                                        October 29, 2024

To declare the existence of an emergency with respect to the need to amend, on an emergency

       basis, the District Department of the Environment Establishment Act of 2005 to clarify

       that the Mayor may promulgate rules and regulations to implement the provisions of the

       District Department of the Environment Establishment Act of 2005, and to eliminate the

       requirement that all rules and regulations be submitted to the Council for a 45-day active

       approval period.

        RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

resolution may be cited as the “Department of Energy and Environment Rulemaking

Clarification Emergency Declaration Resolution of 2024”.

        Sec. 2. (a) The District Department of the Environment Establishment Act of 2005,

effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.01 et seq.) (“Act”),

established the District Department of the Environment as an agency within the executive branch

of the District of Columbia government to consolidate the administration and oversight of

environmental laws, regulations, and programs into a single agency. The Department of the

Environment was later renamed the Department of Energy and Environment (“DOEE”).

        (b) The original language of the Act required that the Mayor promulgate rules and

regulations to implement provisions of the Act within 180 days after its effective date. The Act

further specified that proposed rules and regulations promulgated pursuant to that provision must

be submitted to the Council for a 45-day period of review and that the proposed rules were to be

deemed disapproved if the Council did not approve or disapprove the proposed rules by

resolution – that is, active approval. The rationale for requiring active approval of the rules was

to ensure that the Council could review the initial rules and regulations promulgated by the

newly established agency.

        (c) In 2021, the Council enacted the Green Food Purchasing Amendment Act of 2021,

effective July 29, 2021 (D.C. Law 24-16; 68 DCR 6015) (“GFPAA”). The GFPAA amended

section 110 of the Act (D.C. Official Code § 8-151.10) to provide rulemaking authority for

purposes of implementing provisions of the GFPAA.

        (d) Due to a drafting error, the GFPAA unintentionally subjects all new rules and

regulations promulgated by DOEE to the 45-day active approval period that had been reserved

for rules and regulations promulgated during DOEE’s establishment.

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        (e) The resulting uncertainty regarding the Executive’s rulemaking authority pursuant to

the Act impairs the ability of the District of Columbia to promulgate rules and regulations

necessary for implementing the District’s environmental laws in a timely manner.

        (f) Emergency legislation is necessary to clarify DOEE’s ability to promulgate rules and

regulations without those rules and regulations being subjected to a 45-day active approval

process.

      Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute

emergency circumstances making it necessary that the Department of Energy and Environment

Rulemaking Clarification Emergency Amendment Act of 2024 be adopted after a single reading.

       Sec. 4. This resolution shall take effect immediately.

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