District of Columbia Administrative Code

3402 APPLICATION REVIEW 3402.1 All applications shall be screened by a Review Committee, which will make recommendations to the Director on the merits of the application and on the applicant's proposed budget. 3402.2 The following criteria shall be used to evaluate applications o…

3403 APPLICATION REVIEW COMMITTEE 3403.1 The Review Committee shall be comprised of five (5) persons who are sensitive to the needs of the community and who have some knowledge of energy-related activities. Comprehensive knowledge of energy shall not be necessary. 3403.2 Members …

3404 GENERAL TERMS AND CONDITIONS COVERING GRANTEES 3404.1 All grant agreements between the grantee and the D.C. Energy Office shall be executed by the Director, before final approval to start the activity. 3404.2 Each grant shall be limited to a maximum of twenty-five thousand d…

3405 RECORDKEEPING AND REPORTING 3405.1 Each grantee receiving EES financial assistance under this chapter shall keep accurate records which fully disclose the amount and disposition for each grantee and subgrantee of the funds received, and any other records as may be necessary …

3501 CURRENT EDITIONS OF GREEN BUILDING STANDARDS 3501.1 The current edition of the LEED® standard is LEED® 2009. 3501.2 The current edition of the Green Communities standard is Green Communities 2008. 3501.3 For both newly constructed and substantially improved public schools, t…

3502 [RESERVED] SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008). AUTHORITY: DC-DCMR The Director of the District Department of the Environment (DDOE), pursuant to the authority set forth in section 12(b) of the Green Building Act of 2006, effective March 8, …

3503 [RESERVED] SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008). AUTHORITY: DC-DCMR The Director of the District Department of the Environment (DDOE), pursuant to the authority set forth in section 12(b) of the Green Building Act of 2006, effective March 8, …

3504 [RESERVED] SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008). AUTHORITY: DC-DCMR The Director of the District Department of the Environment (DDOE), pursuant to the authority set forth in section 12(b) of the Green Building Act of 2006, effective March 8, …

3505 [RESERVED] SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008). AUTHORITY: DC-DCMR The Director of the District Department of the Environment (DDOE), pursuant to the authority set forth in section 12(b) of the Green Building Act of 2006, effective March 8, …

3506 [RESERVED] SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008). AUTHORITY: DC-DCMR The Director of the District Department of the Environment (DDOE), pursuant to the authority set forth in section 12(b) of the Green Building Act of 2006, effective March 8, …

3507 [RESERVED] SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008). AUTHORITY: DC-DCMR The Director of the District Department of the Environment (DDOE), pursuant to the authority set forth in section 12(b) of the Green Building Act of 2006, effective March 8, …

3508 [RESERVED] SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008). AUTHORITY: DC-DCMR The Director of the District Department of the Environment (DDOE), pursuant to the authority set forth in section 12(b) of the Green Building Act of 2006, effective March 8, …

3509 [RESERVED] SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008). AUTHORITY: DC-DCMR The Director of the District Department of the Environment (DDOE), pursuant to the authority set forth in section 12(b) of the Green Building Act of 2006, effective March 8, …

3510 [RESERVED] SOURCE: Final Rulemaking published at 55 DCR 11318 (October 31, 2008). AUTHORITY: DC-DCMR The Director of the District Department of the Environment (DDOE), pursuant to the authority set forth in section 12(b) of the Green Building Act of 2006, effective March 8, …

3511 EXEMPTIONS FROM GREEN BUILDING ACT REQUIREMENTS 3511.1 The Director of the Department of Energy and Environment (DOEE) may, on a case by case basis, grant an exemption from any requirement of the Act upon a showing of good cause by the applicant. 3511.2 Good cause for granti…

3512 EXPEDITED PERMIT REVIEW 3512.1 The incentives in Section 7(a) of the Act shall apply to any project that will meet LEED certification, including LEED for Homes, at the Gold level or higher. 3512.2 Review of an application for any DOEE approval that will meet LEED certificati…

3513 PERFORMANCE BENCHMARKING OF PRIVATELY-OWNED BUILDINGS APPLICABILITY 3513.1 Pursuant to D.C. Official Code § 6-1451.03, by April 1 of each year, an owner of a privately-owned building of a building type for which ENERGY STAR® tools are available shall measure the annual perfo…

3514 PERFORMANCE BENCHMARKING REQUIREMENTS 3514.1 According to the schedule described in § 3513.2 and the requirements of this Section, by April 1 of each year, a building owner required to benchmark for the previous calendar year: Shall use an existing Portfolio Manager account …

3515 PERFORMANCE BENCHMARKING DATA VERIFICATION 3515.1 Every three (3) years, building owners or their designees shall perform third-party verifications of their District Benchmark Results and Compliance Reports. 3515.2 Third-party verification shall begin in 2024 with verificati…

3516 PERFORMANCE BENCHMARKING PENALTIES AND ENFORCEMENT 3516.1 Any of the following shall be a violation of D.C. Official Code § 6-1451.03(c)(2)(D): § 3514.1(h) (failure to submit a District Benchmark Results and Compliance Report to DOEE by April 1 for the preceding calendar yea…

3517 BUILDING ENERGY PERFORMANCE STANDARDS (BEPS) 3517.1 Every six (6) years, DOEE shall, pursuant to Section 301(b) of the Act (D.C. Official Code § 8-1772.21(b)), establish the BEPS. DOEE shall publish notice of the BEPS in the D.C. Register before the relevant Compliance Cycle…

3518 BUILDING ENERGY PERFORMANCE COMPLIANCE PATHWAYS 3518.1 An owner of a building that does not meet the BEPS shall implement one (1) of the following compliance pathways to meet the building energy performance requirements: (a) A performance pathway, which includes meeting the …

3519 BUILDING ENERGY PERFORMANCE REPORTING AND VERIFICATION 3519.1 This section establishes reporting and verification requirements for building owners to meet the building energy performance requirements. For the BEPS Period beginning in 2021, all buildings that receive a delay …

3520 BUILDING ENERGY PERFORMANCE EXEMPTIONS AND COMPLIANCE DELAYS 3520.1 A building owner may apply for DOEE approval through the Online BEPS Portal for an exemption from, or delay of, compliance with the performance and procedural requirements specified in § 3518 and § 3519. 352…

3521 BUILDING ENERGY PERFORMANCE ALTERNATIVE COMPLIANCE PENALTY, VIOLATIONS, FINES, AND ENFORCEMENT 3521.1 A building owner that fails to demonstrate complete implementation of a compliance pathway as required by § 3518.1 at the end of a Compliance Cycle shall be assessed an alte…

3530 2021 BUILDING ENERGY PERFORMANCE STANDARDS (BEPS) 3530.1 The BEPS in this section apply to all privately-owned buildings with at least 50,000 square feet of gross floor area, and all District-owned or District instrumentality-owned buildings with at least 10,000 square feet …

3599 DEFINITIONS Aggregated utility data – total whole-building energy or water data for a specified period as provided by the utility company or a third party for the building for a given utility type. Blended Custom Source Energy Use Intensity or Blended Custom Source EUI – The…

3600 SCOPE - ENERGY ASSISTANCE AND CONSERVATION PROGRAMS 3600 This chapter provides the purposes, process, eligibility criteria, benefit and payment guidance, and appeal procedures for the Department’s various programs that provide energy assistance, weatherization, energy conser…

3601 LIHEAP – GENERAL PROVISIONS 3601.1 Sections 3601 through 3620 and the applicable definitions in § 3699 provide the purposes, process, eligibility criteria, benefit and payment guidance, and appeal procedures for the Department’s Low Income Home Energy Assistance Program (Pro…

3602 LIHEAP – STATE PLAN DEVELOPMENT 3602.1 The Department shall annually develop and submit for approval to the US Department of Health and Human Services, or its successor, a State Plan that meets the requirements of the Low Income Energy Assistance Act of 1981, approved August…

3603 LIHEAP – APPLICATION PROCESS 3603.1 In order to be eligible to receive LIHEAP benefits, a person shall file an application with the Department. 3603.2 The Department shall prescribe, and provide a paper or electronic application to be signed by the applicant under penalty of…

3604 LIHEAP – APPLICANTS 3604.1 One person dwelling in the applicant household, or a representative authorized pursuant to § 3603.3, may apply for assistance on behalf of the entire household. 3604.2 For the purposes of determining eligibility and a benefit amount, a person who l…

3605 LIHEAP – ELIGIBILITY FOR A BENEFIT 3605.1 In order to be eligible for a Program benefit, each applicant household shall: Be financially eligible, by meeting the annual income eligibility requirement of the State Plan; Maintain a separate account, not included in the rent, fo…

3606 LIHEAP – AVAILABLE PROGRAM BENEFITS, BENEFIT LIMITS AND PROGRAM SUSPENSION 3606.1 The Department may provide a regular, emergency, or in-kind benefit. 3606.2 Except as otherwise provided in this chapter, an eligible household may not receive more than one (1) each per year o…

3607 LIHEAP – PROGRAM BENEFIT CALCULATION AND PAYMENT 3607.1 The Department may allocate funds by giving a priority to, or setting a higher benefit level for, a projected category of household applicant with higher home energy costs or needs in relation to household income. 3607.…

3608 LIHEAP – IN-KIND ASSISTANCE BENEFIT 3608.1 No household shall be eligible to receive an in-kind assistance benefit unless the household meets the eligibility criteria in § 3605. 3608.2 Subject to available funding, the Department may provide a regular in-kind assistance bene…

3618 LIHEAP – VENDOR AGREEMENTS 3618.1 In order to be eligible to receive a LIHEAP benefit payment made by the Department on behalf of a customer, an energy vendor shall execute an agreement with the Department. 3618.2 A vendor agreement shall include the following requirements: …

3619 LIHEAP – DENIAL, REDUCTION, OR REVOCATION 3619.1 If an applicant is determined ineligible for a benefit, the Department shall provide a written notice of ineligibility, which shall include: (a) A statement of the determination of ineligibility and an explanation of that dete…

3620 LIHEAP – ADMINISTRATIVE APPEALS 3620.1 Each applicant who is aggrieved by an action or inaction of the Department related to receipt of benefits under this program shall be entitled to a fair hearing with the District of Columbia Office of Administrative Hearings (OAH) or it…

3699 DEFINITIONS 3699.1 When used in this chapter, the following terms shall have the meanings ascribed: Applicant – the individual who is applying for energy assistance for his or her own needs or the needs of those in the household. Benefit matrix – the grid that displays eligi…

3700 CUSTOMER ASSISTANCE PROGRAMS 3700.1 This chapter sets forth the process and appeal procedures for the Department’s determination of income eligibility for the CRIAC portion of DC Water’s Customer Assistance Program (CAP) and Customer Assistance Program II (CAP2), and for the…

3701 APPLICATION PROCESS 3701.1 In order for the Department to determine the financial eligibility of an applicant to receive CAP, CAP2, or CAP3 benefits, a person shall file an application with the Department. The Department shall prescribe the form of the application to be file…

3702 ELIGIBILITY In order to be eligible for a benefit, the applicant household shall: Be financially eligible, by meeting the following annual income eligibility requirements: For participation in the CRIAC portion of CAP, the income requirements established at 21 DCMR § 4102.1 …

BENEFITS Benefits for CAP and CAP2 will be provided in accordance with the provisions of 21 DCMR § 4102. Households eligible for CAP3 shall receive seventy-five percent (75%) off of the monthly billed CRIAC, subject to the availability of funds. CAP3 benefits will be applied thro…

DENIAL, REDUCTION, OR REVOCATION OF BENEFITS If an applicant is determined ineligible for the CAP, CAP2, or CAP3 program, the Department will provide to the applicant notice of ineligibility, to include: A statement of the determination of ineligibility and an explanation of that…

ADMINISTRATIVE APPEALS 3705.1 With respect to a matter governed by §§ 3701 to 3704 of this chapter, an applicant adversely affected or aggrieved by an action of the Department may file a written appeal to the Director of the Department, or the Director’s designee, stating the bas…

3799 DEFINITIONS 3799.1 When used in this chapter, the following words and phrases shall have the meanings ascribed: CAP – DC Water’s Customer Assistance Program that provides eligible single-family and individually-metered residential customers exemptions from their billed water…

3800 LEAD PIPE REPLACEMENT ASSISTANCE PROGRAM 3800.1 The Department adopts these regulations to implement the requirements of the lead water service line replacement payment assistance program (LPRAP) under Section 6019b of the Act (D.C. Official Code § 34-2159). SOURCE: Final Ru…

3801 APPLICATION PROCESS 3801.1 To allow the Department to determine the eligibility of an applicant to receive LPRAP assistance, District residential property owners shall file an application with the Department. For a single-family property owned by one (1) person, that propert…

3802 ELIGIBILITY 3802.1 To be eligible for an LPRAP benefit, the applicant or applicants shall: Submit an application as specified in § 3801.1 for a residential property in the District of Columbia that has an eligible portion of the lead water service line; If the applicant seek…