MURIEL BOWSER
MAYOR
December 11, 2024
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
1350 Pennsylvania Avenue, N.W., Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration by the Council is proposed emergency legislation entitled the “Climate
Commitment Clarification Emergency Declaration Resolution of 2024” and the “Climate
Commitment Clarification Emergency Amendment Act of 2024” This legislation will clarify that
the Department of General Services (DGS) is allowed to repair and replace units and component
parts of fossil fuel-based heating and cooling systems.
The current law mandates that the District may not install fossil fuel-based space or water heating
appliances. The law is intended to advance electrification, decreasing fossil fuel consumption
across the District. It is unclear, however, how DGS will continue to maintain existing fossil fuel-
based systems without replacing each system through a modernization or planned whole system
HVAC replacement project. A modernization or whole system HVAC replacement project for any
site requires multiple years to formulate and request a budget; develop, solicit, and evaluate
proposals; perform design review; engage stakeholders; swing occupants to an empty building;
and build or install the project -- all of which must be strategically planned.
To date, the District has over 300 fossil fuel-based space heating appliances alone. There is
insufficient time, budget, and materials to switch every building to an all-electric system. There
would also be significant embodied carbon emissions associated with doing so. Hundreds of fossil
fuel-based systems possess many additional years of useful life to provide heating to the District
through the winter season and beyond.
To wisely steward the District government’s limited resources and achieve the useful life of
existing systems, DGS will replace fossil fuel-based systems with all electric once these systems
are beyond repair or when deemed fully inoperable and appropriate for HVAC replacement.
Approval of the enclosed emergency declaration and approval of the emergency legislation will
facilitate the ongoing maintenance of existing fossil fuel-based systems throughout the District.
I look forward to your prompt and favorable consideration of this resolution. In order to facilitate
a response to any questions you may have, please have your staff contact Director Delano Hunter.
Sincerely,
Muriel Bowser
Enclosures
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~~at the request of the Mayor
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5 A RESOLUTION
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8 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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12 To declare the existence of an emergency with respect to the need to amend the District
13 Department of the Environment Establishment Act of 2005 to clarify that this act does
14 not apply to the repair, reconstruction or replacement of components or units of existing
15 space heating and cooling or water heating systems that rely on the combustion of natural
16 gas, oil, or other fossil fuels which will allow current heating and cooling systems reliant
17 on fossil fuels to be maintained until the system is replaced.
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20 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
21 resolution may be cited as the "Climate Commitment Clarification Emergency Declaration
22 Resolution of 2024".
23 Sec. 2. (a) There exists an immediate need to amend the District Department of the
24 Environment Establishment Act of 2005 to clarify that the act does not prohibit District
25 government from repairing, reconstructing, or replacing components or units of existing space
26 heating and cooling or water heating systems that rely on the combustion of fossil fuels . Without
27 existing system maintenance, residents will be at risk of suffering immensely, potentially over
28 several months, during the fall and winter seasons.
29 (b) The act currently does not distinguish between the installation of new fossil-fuel
30 systems and repairing of current fossil-fuel component parts or units of a system. Although the
31 District government intends to replace fossil fuel-based systems with all-electric systems
32 whenever feasible, District government must be able to repair or replace component parts of a
33 current fossil-fuel system that are in disrepair.
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34 (1) There are hundreds of fully operational existing fossil-fuel systems that still
35 have remaining useful life. If District government cannot replace component parts that are in
36 disrepair or units of fossil-fuel systems and must instead replace the entire system with an all-
37 electric system, then thousands of residents will be left in cold, unhabitable conditions to live,
38 work, and learn.
39 (2) Requiring DGS to replace the entire system, without the time and
40 support to the mechanical system of a building, would cause significant disruption and
41 delays to learning environments, family housing, and other District government
42 operations, such as Fire and EMS.
43 (c) As of today, there are approximately 117 District of Columbia Public Schools (DCPS)
44 locations managed by DGS containing 162 boiler systems that need to be maintained throughout
45 the winter season and beyond to accommodate the health and safety of students, staff, visitors,
46 and all residents. Other building clusters include the following number of boilers: 33 in
47 Department of Parks and Recreation; 10 in Department of Human Services; 22 in Fire and
48 Emergency Services; 20 in Metropolitan Police Department; and 28 in the Municipal cluster.
49 (d) Replacing fossil fuel systems requires significant money and time that can be
50 disruptive to operations without significant advanced planning. The entire system
51 replacement process typically takes several months to years; therefore the best time to
52 replace a fossil-fuel system is during a modernization or multi-year planned system
53 replacement. HVAC system replacements require budget formulation and approval in
54 the District government capital improvement plan. An architect/engineering team must
55 be solicited and awarded, which will then design the new system and receive permits.
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56 Occupants must often be relocated to a swing building, which takes months to years of
57 awareness and coordination in advance of the construction phase.
58 (e) Replacing fossil-fuel systems as part of a modernization requires that several key
59 variables be in place prior to making changes to the building.
60 (1) First, DGS must ensure that energy efficient replacements are available within
61 the regional or designated marketplace, including ensuring that replacements are accessible to
62 source and ship within the construction timeline, and within applicable budget to acquire.
63 (2) Secondly, to manage the lifetime of maintenance, DGS must ensure that all
64 designated Boiler Plant Operators (BPO) and other Facilities Management Division (FMD)
65 personnel are sufficiently trained in how to maintain and operate all new equipment.
66 (3) Lastly, as the construction environment, especially for our schools may not be
67 suitable for students and staff or other District employees, and residents, DGS must work with
68 client agencies to conduct community engagement to raise awareness of and coordinate swing
69 space locations. This process, without sufficient planning or budget formation, would cause
70 significant disruption to the operational environments across the District.
71 Sec. 3. The Council of the District of Columbia finds that the circumstances in section 2
72 constitute emergency circumstances making it necessary that Climate Commitment Clarification
73 Emergency Amendment Act of 2024 be adopted after a single reading.
74 Sec. 4. This resolution shall take effect immediately.
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