Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                       A RESOLUTION

                                             24-243

                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

                                        October 5, 2021

To declare the existence of an emergency with respect to the need to amend the CleanEnergy DC

       Omnibus Amendment Act of 2018 to revise the timeline for phase-in of smaller buildings

       into the Building Energy Performance Standards Program implemented by the

       Department of Energy and Environment, to require the Department of Energy and

       Environment to establish new building energy performance standards every 6 years

       instead of every 5 years, to clarify language requiring buildings to comply with the

       building energy performance standards, to provide that the strategic energy management

       plan for District buildings shall be delivered by January 1, 2022, and to require that

       vehicle-for-hire companies submit greenhouse gas emission reduction plans to the

       Department of Energy and Environment; and to amend the District of Columbia Traffic

       Act, 1925 to provide that changes to the vehicle excise tax shall be revenue neutral or

       revenue positive.

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

resolution may be cited as the CleanEnergy DC Omnibus Technical Amendment Emergency

Declaration Resolution of 2021.

        Sec. 2. (a) On October 20, 2020, the Council passed the CleanEnergy DC Omnibus

Technical Amendment Emergency Amendment Act of 2020, effective November 17, 2020 (D.C.

Act 23-482; 67 DCR 13858) (emergency act), which expired on February 14, 2021.

        (b) On November 10, 2020, the Council passed the CleanEnergy DC Omnibus Technical

Amendment Temporary Amendment Act of 2020, effective March 16, 2021 (D.C. Law 23-258;

67 DCR 14383) (temporary act), which will expire on October 27, 2021.

        (c) This emergency legislation is substantively identical to the emergency act and

temporary act, but for 3 changes. First, the legislation moves the date by which the Department

of General Services must develop a final strategic energy management plan from January 1,

2021, to January 1, 2022, to reflect the additional time the Executive needs to complete the plan

due to unanticipated delays. Second, the legislation strikes language amending the date by which

the Department of Motor Vehicles shall issue rules revising the calculation of the vehicle excise

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tax as those regulations have since been issued. Third, the legislation amends language that

requires private vehicle-for-hire companies to submit biennial greenhouse gas emission reduction

plans to clarify that these plans are to be submitted to the Department of Energy and

Environment (DOEE) rather than the Public Service Commission (PSC). The PSCs

authority does not extend to regulation or oversight of vehicle-for-hire companies, and the PSC

is unable to substantively review or take other action on these plans. DOEE is the District agency

best prepared to collect, review, and provide guidance to vehicle-for-hire companies on these

plans, both in terms of the agencys general mandate and given that the Mayor granted DOEE

responsibility for the transportation electrification program established by the CleanEnergy DC

legislation.

        (d) Immediate legislative action is necessary to prevent a gap in the law following the

expiration of the temporary act, and to make additional necessary amendments.

       Sec. 3. The Council of the District of Columbia determines that the circumstances

enumerated in section 2 constitute emergency circumstances making it necessary that the

CleanEnergy DC Omnibus Technical Amendment Emergency Amendment Act of 2021 be

adopted after a single reading.

       Sec. 4. This resolution shall take effect immediately.

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