(a) The Mayor may adopt rules to establish increased efficiency standards for the products listed in § 8-1771.02 or efficiency standards for products not specifically listed in § 8-1771.02 if he or she determines that increased efficiency standards would serve to promote energy conservation in the District of Columbia; provided, that no new or increased efficiency standards shall become effective in less than one year following the adoption of the rule establishing the efficiency standard; provided further, that a substantially identical standard shall have been adopted by statute or regulation in California. The Mayor may apply for a waiver of federal preemption in accordance with federal procedures under section 325 of the Energy Policy and Conservation Act, approved December 22, 1975 (89 Stat. 923; 42 U.S.C. § 6295 ), for state efficiency standards for any product regulated by the federal government.
(b) At least once every 5 years, the Mayor shall evaluate whether the efficiency standards for products listed in § 8-1771.02, or any rules issued pursuant to subsection (a) of this subsection, best serve to promote energy conservation in the District of Columbia, and issue a report to the Council on his or her findings.
(Dec. 11, 2007, D.C. Law 17-64, § 5, 54 DCR 10964; Mar. 16, 2021, D.C. Law 23-195, § 2(d), 68 DCR 00039.)
This section is referenced in § 8-1771.02.
Section 7198 of D.C. Law 24-45 repealed section 3 of D.C. Law 23-195 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 23-195 has been implemented.
Section 7198 of D.C. Act 24-159 repealed section 3 of D.C. Law 23-195 removing the applicability provision impacting this section. Therefore the amendment of this section by Law 23-195 has been implemented.
Applicability of D.C. Law 23-195: § 3 of D.C. Law 23-195 provided that the creation of subsection (b) of this section by § 2(d) of D.C. Law 23-195 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Structure District of Columbia Code
Title 8 - Environmental and Animal Control and Protection
Chapter 17M - Energy Efficiency Standards
§ 8–1771.03. Standards and implementation
§ 8–1771.04. New and revised standards
§ 8–1771.05. Testing, certification, labeling, and enforcement
§ 8–1771.05a. Protection against repeal of federal standards