B 26-0766

                                                                         ENGROSSED ORIGINAL
1A BILL
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326-768
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6IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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8_________________________
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11 To amend, on an temporary basis, the Green Building Act of 2006 to exempt certain District owned
12and funded residential and nonresidential projects from complying with net-zero-energy
13standards and to modify net-zero-energy standard compliance requirements for
14nonresidential and residential projects; to amend section 2 of the Clean Energy DC Building
15Code Amendment Act of 2022 to modify the definition of the net-zero-energy standard and
16the types of projects to which the net-zero-energy standard applies; and for other purposes.
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18BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act
19 may be cited as the “Net Zero Continuity Temporary Amendment Act of 2026”.
20Sec. 2. The Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; D.C.
21 Official Code § 6-1451.01 et seq.), is amended as follows:
22(a) Section 2 (D.C. Official Code § 6-1451.01) is amended as follows:
23(1) Paragraph (1) is amended to read as follows:
24“(1) “Addition” shall have the meaning ascribed to it in the Building Codes.”.
25(2) Existing paragraph (2A) is redesignated as paragraph (2B)
26(3) A new paragraph (2A) is added to read as follows:
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27“(2A) “Aquatic center” means a structure intended for swimming or recreational
28 bathing that contains water over 24 inches deep and includes the pool, decks, and surrounding
29 structure, locker rooms, electrical and mechanical rooms, and IT controls that support the pool.”.
30(4) A new paragraph (3A) is added to read as follows:
31“(3A) “Building Codes” means the portions of the Construction Codes designated as
32 the Building Code, the Energy Conservation Code, and the Existing Building Code.”.
33(5) Paragraphs (6) and (7) are amended to read as follows:
34“(6) “Construction Codes” shall have the same meaning as in section 2(2) of the
35 Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C. Law 6-
36 216; D.C. Official Code § 6-1401(2)).
37“(7) “Construction documents” shall have the meaning ascribed to it in the Building
38 Codes.”.
39(6) Paragraph (8) is repealed.
40(7) Paragraph (14) is amended to read as follows:
41“(14) “Existing building” shall have the meaning ascribed to it in the Building Codes.”.
42(8) Paragraph (22) is amended to read as follows:
43“(22) “Gross floor area” shall have the meaning ascribed to it in the Building Codes.”.
44(9) A new paragraph (31B) is added to read as follows:
45“(31B) “Level 3 alteration” shall have the meaning ascribed to it in the Building
46 Codes.”.
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47(10) A new paragraph (32C) is added to read as follows:
48“(32C) “Natatorium” means a building or complex housing one or more indoor pools
49 featuring HVAC and humidity controls to manage the environment.”.
50(11) Paragraph (40A) is amended to read as follows:
51“(40A) “Temporary building” means a:
52“(A) Trailer; or
53“(B) Structure that is used or intended for supporting or sheltering any use or
54 occupancy on a non-permanent timeframe for an interim use during construction of a permanent
55 structure.”.
56(b) Section 3(a) (D.C. Official Code § 6-1451.02(a)) is amended as follows:
57(1) The lead-in language of paragraph (1) is amended by striking the phrase
58 “substantial improvement” and inserting the phrase “Level 3 alterations”.
59(2) Paragraph (2) is amended as follows:
60(A) Subparagraph (C) is amended by striking the phrase “; and” and
61 inserting a semicolon in its place.
62(B) Subparagraph (D) is amended to read as follows:
63“(D) Be built to comply with the net-zero-energy standard, as defined in section
64 2(a)(3) of the Clean Energy DC Building Code Amendment Act of 2022, effective September 21,
65 2022 (D.C. Law 24-177; D.C. Official Code § 6-1453.01(a)(3)) (“Clean Energy DC Building Act”),
66 unless the project is for the construction of:
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67“(i) A temporary building;
68“(ii) An addition less than 10,000 square feet;
69“(iii) A police, fire, emergency response, or Office of Unified
70 Communications facility; provided, that the facility need not comply with energy conservation and
71 obtainment standards otherwise required by section 2(a)(3)(A) and (B) of the Clean Energy DC
72 Building Act (D.C. Official Code § 6-1453.01(a)(3)(A) and (B)), until the effective date of the final
73 regulations issued by the Mayor pursuant to section 2(b)(1) of the Clean Energy DC Building Act
74 (D.C. Official Code § 6-1453.01(b)(1));
75“(iv) A natatorium; provided, that the aquatics center in which the
76 natatorium is located need not comply with energy conservation and obtainment standards otherwise
77 required by section 2(a)(3)(A) and(B) of the Clean Energy DC Building Code Act (D.C. Official Code
78 § 6-1453.01(a)(3)(A) and(B)), until the effective date of the final regulations issued by the Mayor
79 pursuant to section 2(b)(1) of the Clean Energy DC Building Code Act (D.C. Official Code § 6-
80 1453.01(b)(1)); or
81“(v) A project for which all permits necessary to begin construction
82 were submitted before October 1, 2024, and that was not submitted to GBAC before February 1,
83 2026; and”.
84(C) A new subparagraph (E) is added to read as follows:
85“(E) Be built to comply with section 2(a)(3)(D) of the Clean Energy DC
86 Building Code Act (D.C. Official Code § 6-1453.01(a)(3)(D)).”.
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87(3) Paragraph (3) is amended as follows:
88(A) The lead-in language is amended by striking the phrase “If a residential
89 project includes” and inserting the phrase “If a residential project is for new construction and
90 includes” in its place.
91(B) Subparagraph (A) is amended to read as follows:
92“(A) Be built to comply with the net-zero-energy standard; except, that a
93 project need not comply with the renewable energy requirements otherwise required by section
94 2(a)(3)(A), (B), and (C) of the Clean Energy DC Building Act (D.C. Official Code § 6-
95 1453.01(a)(3)(A), (B), and (C)), until the effective date of the final regulations issued by the Mayor
96 pursuant to section 2(b)(1) of the Clean Energy DC Building Act (D.C. Official Code § 6-
97 1453.01(b)(1)); and”.
98(C) Subparagraph (B) is amended by striking the acronym “DCRA” and
99 inserting the acronym “DOB” in its place.
100(D) Subparagraph (C) is repealed.
101(4) Paragraph (6) is amended by striking the phrase “maintain net-zero-energy
102 compliance” and inserting the phrase “shall be built to comply with the net-zero-energy-standard” in
103 its place.
104Sec. 3. Section 2 of the Clean Energy DC Building Code Amendment Act of 2022, effective
105 September 21, 2022 (D.C. Law 24-177; D.C. Official Code § 6-1453.01), is amended as follows:
106(a) Subsection (a) is amended as follows:
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107(1) A new paragraph (2A) is added to read as follows:
108“(2A) “Level 3 alteration” shall have the same meaning ascribed to it in the
109 Building Codes.”.
110(2) Paragraph (3) is amended as follows:
111(A) Subparagraph (A) is amended by striking the phrase “; and” and inserting a
112 semicolon in its place.
113(B) Subparagraph (B) is amended to read as follows:
114“(B) A building obtains energy from renewable energy sources in the amount
115 that would be required by the most recent version of Appendix Z;”.
116(C) New subparagraphs (C) and (D) are added to read as follows:
117“(C) Renewable energy shall be generated at the building site wherever
118 feasible; and”.
119“(D) On-site fuel combustion shall not be permitted for the provision of thermal
120 energy to the building except for backup power generation.”.
121(b) Subsection (b) is amended to read as follows:
122(b)(1) By December 31, 2027, the Mayor, pursuant to pursuant to Title I of the District of
123 Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C.
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124 Official Code § 2-501 et seq.), shall issue final regulations requiring all new construction or
125 Level 3 alterations to covered buildings to be constructed to a net-zero-energy standard.
126(2) By December 31, 2026, the Mayor, pursuant to Title I of the District of
127 Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C.
128 Official Code § 2-501 et seq.), shall issue final regulations prohibiting the use of on-site fuel
129 combustion for the provision of thermal energy for all new construction of covered buildings
130 and additions greater than 10,000 square feet to covered buildings.
131(3) No permit application for new construction of covered buildings or an addition
132 greater than 10,000 square feet to covered buildings submitted after December 31, 2026, shall be
133 approved if the building or addition design provides for the use of on-site fuel combustion for
134 the provision of thermal energy for space heating and water heating.
135(4) Notwithstanding any other provision of law, no building permit application for
136 new construction of covered buildings, an addition greater than 10,000 square feet to covered
137 buildings, or Level 3 alteration to covered buildings submitted after December 31, 2026, shall be
138 approved unless the building design is such that the building conserves an amount of energy
139 attributable to building operation that is equal to or greater than the amount that would be
140 conserved if such building complied with the 2024 International Energy Conservation Code.
141Subsection (b) is amended as follows:
142(1) Paragraph (1) is amended by striking the phrase “substantial improvements”
143 and inserting the phrase “Level 3 alterations” in its place.
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144(2) Paragraph (2) is amended by striking the phrase “; except, that nothing in this
145 paragraph shall be construed to prohibit the on-site combustion of fossil fuels for backup power
146 generation in buildings that are essential to protecting public health and safety” and inserting a
147 period in its place.
148(c) Subsection (c)(1) is amended by striking the phrase “newly constructed or substantially
149 improved covered buildings” and inserting the phrase “covered buildings that were newly constructed
150 or underwent Level 3 alterations” in its place.
151Sec. 4. Repealers.
152(a) The Green Housing Coordination Temporary Amendment Act of 2025, effective
153 February 12, 2026 (D.C. Law 26-90; 73 DCR 3), is repealed.
154(b) The Net Zero Modification and Preservation Temporary Amendment Act of 2026,
155 effective May 21, 2026 (D.C. Law 26-123; 73 DCR 5075), is repealed.
156Sec. 5. Fiscal impact statement.
157The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
158 statement required by section 4a of the General Legislative Procedures Act of 1975, approved
159 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
160Sec. 6. Effective date.
161(a) This act shall take effect following approval by the Mayor (or in the event of veto by the
162 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
163 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24,
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164 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia
165 Register.
166(b) This act shall expire after 225 days of its having taken effect.
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