*NOTE: This section includes amendments by emergency legislation that will expire on January 1, 2027. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Past Permanent Version.*

1. (a) For the purposes of this section, the term:

   1. (1) "Appendix Z" means Appendix Z of the District of Columbia Energy Conservation Code – Commercial Provisions (12-I [CE] DCMR § Z1 et seq.).
   2. (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. (2A) "Level 3 alteration" shall have the meaning ascribed to it in the Building Codes.

   4. (3) "Net-zero-energy standard" means a standard under which:

      1. (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;
      2. (B) A building obtains energy from renewable energy sources in the amount that would be required by the most recent version of Appendix Z;
      3. (C) Renewable energy shall be generated at the building site wherever feasible; and
      4. (D) On-site fuel combustion shall not be permitted for the provision of thermal energy to the building except for backup power generation.
   5. (4) "New construction" shall have the same meaning as provided in § 6-1451.01(33).
   6. (5) "Substantial improvement" shall have the same meaning as provided in § 6-1451.01(40).

2. (b)

   1. (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 Level 3 alterations of covered buildings to be constructed to a net-zero-energy standard.
   2. (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.

3. (c)

   1. (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 covered buildings that were newly constructed or underwent Level 3 alterations 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. (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.

History

Sept. 21, 2022, D.C. Law 24-177, § 2, 69 DCR 11947

Mar. 16, 1989, D.C. Law 24-177, § 2a

Sept. 21, 2022, D.C. Law 24-177, § 2

May 21, 2026, D.C. Law 26-123, § 3

Applicability

Section 4 of D.C. Law 24-177 provided that this section shall apply October 1, 2023.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3 of Net Zero Modification and Preservation Emergency Amendment Act of 2026 (D.C. Act 26-275, Mar. 6, 2026, 73 DCR 3779).

For temporary (90 days) amendment of this section, see § 3 of Net Zero Modification and Preservation Temporary Amendment Act of 2026 (D.C. Law 26-123, May 21, 2026, 73 DCR 5075).