B 26-0374

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                                            AN ACT
                                          __________
                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
                                    ____________________
To amend, on an emergency basis, the Housing Production Trust Fund Act of 1988 to insert net
      zero energy requirements for residential and mixed-use construction projects receiving
      assistance from the Housing Production Trust Fund; to amend the Clean Energy DC
      Building Code Amendment Act of 2022 to require periodic reporting on the development
      of universal net zero energy building code regulations that will apply to residential and
      mixed-use construction; and to amend the Green Building Act of 2006 to remove those
      net zero energy compliance provisions inserted by the Greener Government Buildings
      Amendment Act of 2022 that apply to residential and mixed-use projects and add a
      requirement for adding renewable energy systems when half or more of a rooftop is being
      replaced for residential projects.
       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Green Housing Coordination Emergency Amendment Act of 2025”.
        Sec. 2. The Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C.
Law 7-202; D.C. Official Code § 42-2801 et seq.), is amended by adding a new section 6 to read
as follows:
        “Sec. 6. Net zero energy requirements for subsidized projects.
        “(a) Any request, excluding substantial rehabilitation as that term is defined in section
103(34) of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C.
Official Code § 42-3501.03(34)), for housing proposals involving the Fund shall include a
requirement that proposals for new construction receiving Fund support must be designed with
the intent to obtain Enterprise Green Communities Certification Plus, as defined in the EGCC, or
an equivalent standard as determined by the Department in consultation with the Department of
Buildings.
        “(b) Any request, excluding substantial rehabilitation as that term is defined in section
103(34) of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C.
Official Code § 42-3501.03(34)), for housing proposals involving the Fund shall include a
requirement that proposals for new construction receiving Fund support be all-electric.
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        “(c) Nothing in this section shall be construed to limit the applicability of any other
environmental standards, including the Green Building Act of 2006, effective March 8, 2007
(D.C. Law 16-234; D.C. Official Code § 6-1451.01 et seq.).
        “(d) This section shall expire upon the effective date of final regulations promulgated
pursuant to section 2(b)(1) of the Clean Energy DC Building Code Amendment Act of 2022,
effective September 21, 2022 (D.C. Law 24-177; D.C. Official Code § 6-1453.01(b)(1)).
        “(e) For purposes of this section, the term:
                “(1) “All-electric” means that no combustion equipment is included in the
building project, except for emergency backup power.
(2) “EGCC” means the current Enterprise Green Communities Criteria issued by Enterprise
Community Partners.”.
        Sec. 3. The Clean Energy DC Building Code Amendment Act of 2022, effective
September 21, 2022 (D.C. Law 24-177; 69 DCR 9924), is amended by adding a new section 2a
to read as follows:
        “Sec. 2a. Report on barriers to net zero energy ready affordable housing development.
        “(a)(1) No later than March 1, 2026, 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 section 2.
                “(2) 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 section 2(b)(1).
        “(d) This section shall expire upon the effective date of final regulations promulgated
pursuant to section 2(b)(1).”.
       Sec. 4. Section 3(a) of the Green Building Act of 2006, effective March 8, 2007 (D.C.
Law 16-234; D.C. Official Code § 6-1451.02(a)), is amended as follows:
       (a) Paragraph (3)(C) is amended to read as follows:
                “(C) In the case of new construction or substantial rehabilitation, as that term is
defined in section 103(34) of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law
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6-10; D.C. Official Code § 42-3501.03(34)), in which a roof replacement or repair of 50% or
more of the roof area is within the scope of the project in accordance with the District of
Columbia Building Code (Title 12A of the District of Columbia Municipal Regulations), the
developer shall incorporate rooftop renewable energy systems on-site wherever feasible except
when:
                               (i) There is not adequate solar access as determined by Chapter 13
of Title 12-I[CE] of the District of Columbia Municipal Regulations;
                               (ii) Mechanical equipment, HVAC systems, or other essential
rooftop infrastructure are present;
                               (iii) Rooftop amenities such as pools, decks, or recreational areas
exist;
                               (iv) Structural constraints, shading, or design limitations, as
defined by DOB or DOEE, prevent effective solar generation; or
                               (v) Other conditions identified in regulations issued by DOB or
DOEE that render installation impracticable.”.
        (b) Paragraph (6) is amended by striking the phrase “shall maintain net zero energy
compliance and fulfill” and inserting the phrase “shall fulfill” in its place.
       Sec. 5. Fiscal impact statement.
       The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
statement required by section 4a of the General Legislative Procedures Act of 1975, approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
      Sec. 6. Effective date.
      This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
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90 days, as provided for emergency acts of the Council of the District of Columbia in section
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
D.C. Official Code § 1-204.12(a)).
              ___________________________________
              Chairman
              Council of the District of Columbia
       _________________________________
       Mayor
       District of Columbia
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