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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2
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~ at the request of the Mayor
4
5
6 A BILL
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11 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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16 To amend, on a temporary basis, the District Department of the Environment Establishment Act
17 of 2005 to clarify that this act does not apply to the replacement of components or units
18 of existing space or water heating systems that rely on the combustion of natural gas, oil,
19 or other fossil fuels.
20
21 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22 act may be cited as the "Climate Commitment Clarification Temporary Amendment Act
23 of 2024".
24 Sec. 2. Section 109e(a) of the District Department of the Environment
25 Establishment Act of 2005, effective September 21, 2022 (D.C. Law 24 176; D .C.
26 Official Code§ 8-151.09e(a), is amended as follows:
27 (a) The existing text is designated as paragraph (1).
28 (b) Paragraph ( 1) is amended by:
29 (1) Striking the word "appliances" and inserting the word "systems" in its
30 place; and
31 (2) Striking the word "appliance" and inserting the word "system" in its
32 place.
33 (c) A new paragraph (2) is added to read as follows:
34 “(2) This subsection does not apply to the replacement of components or
35 units of existing space or water heating systems that rely on the combustion of natural
36 gas, oil, or other fossil fuels at the site of the system.”.
37 Sec. 3. Fiscal impact statement.
38 The Council adopts the fiscal impact statement of the Chief Financial Officer as
39 the fiscal impact statement required by section 4a of the General Legislative Procedures
40 Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code §1-
41 301.47a).
42 Sec. 4 Effective date.
43 (a) This act shall take effect following approval by the Mayor (or in the event of
44 veto by the Mayor, action by the Council to override the veto), a 30-day period of
45 congressional review as provided in section 602(c)(1) of the District of Columbia Home
46 Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-
47 206.02(c)(1)), and publication in the District of Columbia Register.
48 (b) This act shall expire after September 3, 2025.