Chapter 14B. Net-zero-energy Building Code Requirements.
§ 6–1453.01. Net-zero-energy building code requirements.
(a) For the purposes of this section, the term:
(1) "Appendix Z" means Appendix Z of the District of Columbia Energy Conservation Code – Commercial Provisions (12-I [CE] DCMR § Z1 et seq.).
(2) "Covered buildings" means all buildings that are subject to the District of Columbia Energy Conservation Code – Commercial Provisions (12-I [CE] DCMR § 1 et seq.).
(3) "Net-zero-energy standard" means a standard under which:
(A) A building conserves an amount of energy attributable to building operations that is equal to or greater than the amount that would be required by the most recent version of Appendix Z; and
(B) A building obtains energy from renewable energy sources in the amount that would be required by the most recent version of Appendix Z; provided, that the following restrictions shall apply:
(i) Renewable energy shall be generated at the building site wherever feasible;
(ii) To the extent a building owner procures renewable energy through offsite sources, the building owner may not rely on unbundled renewable energy credits to satisfy the renewable energy requirement; and
(iii) On-site fuel combustion shall not be permitted for the provision of thermal energy to the building.
(4) "New construction" shall have the same meaning as provided in § 6-1451.01(33).
(5) "Substantial improvement" shall have the same meaning as provided in § 6-1451.01(40).
(b)(1) By December 31, 2026, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue final regulations requiring all new construction or substantial improvements of covered buildings to be constructed to a net-zero-energy standard.
(2) If the Mayor does not comply with paragraph (1) of this subsection, no building permit application submitted after December 31, 2026, shall be approved unless the building design complies with the most recent version of Appendix Z; except, that nothing in this paragraph shall be construed to prohibit the on-site combustion of fossil fuels for backup power generation in buildings that are essential to protecting public health and safety.
(c)(1) Beginning in 2029, and every 3 years thereafter, the Department of Buildings shall arrange for an independent audit that assesses a representative sample of newly constructed or substantially improved covered buildings that received certificates of occupancy in the District in the preceding 3 years and quantifies the percentage of those covered buildings that comply with the requirements of subsection (b) of this section. The audit shall detail the replicable method used to select a representative sample of covered buildings for the audit.
(2) The Department of Buildings shall submit a complete copy of the audit findings to the Council and the Mayor no later than March 31 of the year following the initiation of the audit.
§ 6–1453.02. Report on barriers to net zero energy ready affordable housing development.
*NOTE: This section was created by emergency legislation that will expire on October 20, 2024.*
(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 § 6-1453.01. 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 § 6-1453.01.
(d) This section shall expire upon the effective date of final regulations promulgated pursuant to § 6-1453.01(b)(1).
