Net Zero Continuity Emergency Amendment Act of 2026

1 ___________________________ 2 Councilmember Janeese Lewis George 3 4 5 A BILL 6 7 _________________________ 8 9 10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11 12 _________________________ 13 14 15 To amend, on an emergency basis, the Green Building Act of 2006 to exempt certain District 16 owned and funded residential and nonresidential projects from complying with net-zero-17 energy standards and to modify net-zero-energy standard compliance requirements for 18 nonresidential and residential projects; to amend section 2 of the Clean Energy DC Building 19 Code Amendment Act of 2022 to modify the definition of the net-zero-energy standard and 20 the types of projects to which the net-zero-energy standard applies; and for other purposes. 21 22 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act 23 may be cited as the “Net Zero Continuity Emergency Amendment Act of 2026”. 24 Sec. 2. The Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; D.C. 25 Official Code § 6-1451.01 et seq.), is amended as follows: 26 (a) Section 2 (D.C. Official Code § 6-1451.01) is amended as follows: 27 (1) Paragraph (1) is amended to read as follows: 28 “(1) “Addition” shall have the meaning ascribed to it in the Building Codes.”. 29 (2) Existing paragraph (2A) is redesignated as paragraph (2B) 30 (3) A new paragraph (2A) is added to read as follows: 31 “(2A) “Aquatic center” means a structure intended for swimming or recreational 32 bathing that contains water over 24 inches deep and includes the pool, decks, and surrounding 33 structure, locker rooms, electrical and mechanical rooms, and IT controls that support the pool.”. 34

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(4) A new paragraph (3A) is added to read as follows: 35 “(3A) “Building Codes” means the portions of the Construction Codes designated as 36 the Building Code, the Energy Conservation Code, and the Existing Building Code.”. 37 (5) Paragraphs (6) and (7) are amended to read as follows: 38 “(6) “Construction Codes” shall have the same meaning as in section 2(2) of the 39 Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C. Law 6-40 216; D.C. Official Code § 6-1401(2)). 41 “(7) “Construction documents” shall have the meaning ascribed to it in the Building 42 Codes.”. 43 (6) Paragraph (8) is repealed. 44 (7) Paragraph (14) is amended to read as follows: 45 “(14) “Existing building” shall have the meaning ascribed to it in the Building Codes.”. 46 (8) Paragraph (22) is amended to read as follows: 47 “(22) “Gross floor area” shall have the meaning ascribed to it in the Building Codes.”. 48 (9) A new paragraph (31B) is added to read as follows: 49 “(31B) “Level 3 alteration” shall have the meaning ascribed to it in the Building 50 Codes.”. 51 (10) A new paragraph (32C) is added to read as follows: 52 “(32C) “Natatorium” means a building or complex housing one or more indoor pools 53 featuring HVAC and humidity controls to manage the environment.”. 54 (11) Paragraph (40A) is amended to read as follows: 55 “(40A) “Temporary building” means a: 56 “(A) Trailer; or 57
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“(B) Structure that is used or intended for supporting or sheltering any use or 58 occupancy on a non-permanent timeframe for an interim use during construction of a permanent 59 structure.”. 60 (b) Section 3(a) (D.C. Official Code § 6-1451.02(a)) is amended as follows: 61 (1) The lead-in language of paragraph (1) is amended by striking the phrase 62 “substantial improvement” and inserting the phrase “Level 3 alterations”. 63 (2) Paragraph (2) is amended as follows: 64 (A) Subparagraph (C) is amended by striking the phrase “; and” and 65 inserting a semicolon in its place. 66 (B) Subparagraph (D) is amended to read as follows: 67 “(D) Be built to comply with the net-zero-energy standard, as defined in section 68 2(a)(3) of the Clean Energy DC Building Code Amendment Act of 2022, effective September 21, 69 2022 (D.C. Law 24-177; D.C. Official Code § 6-1453.01(a)(3)) (“Clean Energy DC Building Act”), 70 unless the project is for the construction of: 71 “(i) A temporary building; 72 “(ii) An addition less than 10,000 square feet; 73 “(iii) A police, fire, emergency response, or Office of Unified 74 Communications facility; provided, that the facility need not comply with energy conservation and 75 obtainment standards otherwise required by section 2(a)(3)(A) and (B) of the Clean Energy DC 76 Building Act (D.C. Official Code § 6-1453.01(a)(3)(A) and (B)), until the effective date of the final 77 regulations issued by the Mayor pursuant to section 2(b)(1) of the Clean Energy DC Building Act 78 (D.C. Official Code § 6-1453.01(b)(1)); 79
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“(iv) A natatorium; provided, that the aquatics center in which the 80 natatorium is located need not comply with energy conservation and obtainment standards otherwise 81 required by section 2(a)(3)(A) and(B) of the Clean Energy DC Building Code Act (D.C. Official Code 82 § 6-1453.01(a)(3)(A) and(B)), until the effective date of the final regulations issued by the Mayor 83 pursuant to section 2(b)(1) of the Clean Energy DC Building Code Act (D.C. Official Code § 6-84 1453.01(b)(1)); or 85 “(v) A project for which all permits necessary to begin construction 86 were submitted before October 1, 2024, and that was not submitted to GBAC before February 1, 87 2026; and”. 88 (C) A new subparagraph (E) is added to read as follows: 89 “(E) Be built to comply with section 2(a)(3)(D) of the Clean Energy DC 90 Building Code Act (D.C. Official Code § 6-1453.01(a)(3)(D)).”. 91 (3) Paragraph (3) is amended as follows: 92 (A) The lead-in language is amended by striking the phrase “If a residential 93 project includes” and inserting the phrase “If a residential project is for new construction and 94 includes” in its place. 95 (B) Subparagraph (A) is amended to read as follows: 96 “(A) Be built to comply with the net-zero-energy standard; except, that a 97 project need not comply with the renewable energy requirements otherwise required by section 98 2(a)(3)(A), (B), and (C) of the Clean Energy DC Building Act (D.C. Official Code § 6-99 1453.01(a)(3)(A), (B), and (C)), until the effective date of the final regulations issued by the Mayor 100 pursuant to section 2(b)(1) of the Clean Energy DC Building Act (D.C. Official Code § 6-101 1453.01(b)(1)); and”. 102
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(C) Subparagraph (B) is amended by striking the acronym “DCRA” and 103 inserting the acronym “DOB” in its place. 104 (D) Subparagraph (C) is repealed. 105 (4) Paragraph (6) is amended by striking the phrase “maintain net-zero-energy 106 compliance” and inserting the phrase “shall be built to comply with the net-zero-energy-standard” in 107 its place. 108 Sec. 3. Section 2 of the Clean Energy DC Building Code Amendment Act of 2022, effective 109 September 21, 2022 (D.C. Law 24-177; D.C. Official Code § 6-1453.01), is amended as follows: 110 (a) Subsection (a) is amended as follows: 111 (1) A new paragraph (2A) is added to read as follows: 112 “(2A) “Level 3 alteration” shall have the same meaning ascribed to it in the 113 Building Codes.”. 114 (2) Paragraph (3) is amended as follows: 115 (A) Subparagraph (A) is amended by striking the phrase “; and” and inserting a 116 semicolon in its place. 117 (B) Subparagraph (B) is amended to read as follows: 118 “(B) A building obtains energy from renewable energy sources in the amount 119 that would be required by the most recent version of Appendix Z;”. 120 (C) New subparagraphs (C) and (D) are added to read as follows: 121 “(C) Renewable energy shall be generated at the building site wherever 122 feasible; and”. 123 “(D) On-site fuel combustion shall not be permitted for the provision of thermal 124 energy to the building except for backup power generation.”. 125
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(b) Subsection (b) is amended as follows: 126 (1) Paragraph (1) is amended by striking the phrase “substantial improvements” and 127 inserting the phrase “Level 3 alterations” in its place. 128 (2) Paragraph (2) is amended by striking the phrase “; except, that nothing in this 129 paragraph shall be construed to prohibit the on-site combustion of fossil fuels for backup power 130 generation in buildings that are essential to protecting public health and safety” and inserting a period 131 in its place. 132 (c) Subsection (c)(1) is amended by striking the phrase “newly constructed or substantially 133 improved covered buildings” and inserting the phrase “covered buildings that were newly constructed 134 or underwent Level 3 alterations” in its place. 135 Sec. 4. Repealers. 136 (a) The Green Housing Coordination Temporary Amendment Act of 2025, effective 137 February 12, 2026 (D.C. Law 26-90; 73 DCR 3), is repealed. 138 (b) The Net Zero Modification and Preservation Temporary Amendment Act of 2026, 139 effective May 21, 2026 (D.C. Law 26-123; 73 DCR 5075), is repealed. 140 Sec. 5. Fiscal impact statement. 141 The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 142 statement required by section 4a of the General Legislative Procedures Act of 1975, approved 143 October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 144 Sec. 6. Effective date. 145 This act shall take effect following approval by the Mayor (or in the event of veto by the 146 Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 147 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of 148
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the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official 149 Code § 1-204.12(a)). 150