Code of the District of Columbia

Subchapter I. Definitions and Purpose.


§ 8–1778.01. Definitions.

For the purposes of this chapter, the term:

(1) "Administrator" means:

(A) The District agency or instrumentality designated by the Mayor to administer the Energy Efficiency Loan program authorized by subchapter III of this chapter; or

(B) The person or entity retained pursuant to the authority granted in § 8-1778.45 to administer the Energy Efficiency Loan program authorized by subchapter III of this chapter.

(2) “Authorized Delegate” means:

(A) The City Administrator;

(B) The Chief Financial Officer;

(C) The District of Columbia Treasurer;

(D) The Deputy Mayor for Planning and Economic Development;

(E) Any officer or employee of the Executive Office of the Mayor to whom the Mayor has delegated any of the Mayor’s functions under this chapter pursuant to § 1-204.22(6) and who has been designated as an Authorized Delegate for purposes of this chapter; or

(F) An officer or employee of the office of the Chief Financial Officer to whom the Chief Financial Officer has delegated a function of the Chief Financial Officer under this chapter pursuant to § 1-204.24d, and who has been designated as an Authorized Delegate for purposes of this chapter.

(3) “Bond Counsel” means a firm or firms of attorneys designated as bond counsel from time to time by the Mayor.

(4) “Bonds” means the District of Columbia revenue bonds, notes, or other obligations (including refunding bonds, notes, and other obligations), in one or more series, authorized to be issued pursuant to this chapter.

(5) “Certification Standard” means a certification or accreditation standard for building energy retrofit installation, such as those provided by the Building Performance Institute, the Residential Energy Services Network, or a nationally recognized program approved by the United States Department of Energy or the Mayor.

(6) “Chief Financial Officer” means the Chief Financial Officer of the District of Columbia.

(7) “Closing Documents” means all documents and agreements, other than Financing Documents, that may be necessary and appropriate to issue, sell, and deliver the bonds, and includes agreements, certificates, letters, opinions, forms, receipts, and other similar instruments.

(8) “Debt Service” means payment of principal, premium, if any, and interest on the bonds.

(9) “Energy Efficiency Audit” means a formal evaluation by a certified contractor of the energy consumption of a residential, commercial, or other building for the purpose of identifying methods of improving energy efficiency and reducing energy waste.

(10) “Energy Efficiency Improvement” means an installation or modification that is designed to reduce energy or water utility costs of residential, commercial, or other building types. The term “Energy Efficiency Improvement” includes:

(A) Insulation in walls, roofs, floors, and foundations and in heating and cooling distribution systems;

(B) Storm windows and doors, multiglazed windows and doors, heat-absorbing or heat-reflecting glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption;

(C) Automatic energy control systems;

(D) Heating, ventilating, or air conditioning and distribution system modifications or replacement in buildings or central plants;

(E) Caulking or weather-stripping;

(F) Replacement or modifications of lighting fixtures to increase the energy efficiency of the system without increasing the overall illumination of a building unless the increase in illumination is necessary to conform to the applicable building code for the proposed lighting system;

(G) Energy recovery systems;

(H) Daylighting systems;

(I) Renewable energy systems; and

(J) Any other modification, installation, retrofit, or remodeling approved as an electric, gas, water, or stormwater utility cost-savings measure by the administrator.

(11) “Energy Efficiency Loan” means a loan to a property owner for the purpose of installing one of more Energy Efficiency Improvements.

(11A) “Energy Efficiency Loan Agreement” means a loan or other agreement to make, document, or implement an Energy Efficiency Loan entered into pursuant to § 8-1778.41(c).

(12) “Financing Documents” means the documents, other than Closing Documents, that relate to the financing or refinancing of transactions to be effected through the issuance, sale, and delivery of the bonds, including any required collection agreement, offering document, and any required supplements to any such documents.

(13) “Home Rule Act” means Chapter 2 of Title 1 [§ 1-201.01 et seq.].

(14) “Indenture” means the trust indentures, including a master trust indenture and any supplemental trust indenture, pursuant to which one or more series of the bonds are issued.

(14A) “Issuance Costs” means:

(A) Fees, costs, charges, or expenses paid or incurred in connection with the authorization, preparation, printing, issuance, sale, and delivery of an applicable series of bonds and the making of energy efficiency loans contemplated with the issuance, including program fees and administrative fees charged by the District;

(B) Underwriting, legal, accounting, rating agency, and other financing fees, costs, and expenses;

(C) Fees paid to financial institutions and insurance companies;

(D) Letter of credit fees;

(E) Compensation to financial advisors and other persons except full-time employees of the District and entities performing services on behalf of or as agents for the District; and

(F) Other fees, costs, charges, and expenses incurred in connection with the development and implementation of the financing documents, the closing documents, and other documents necessary or appropriate in connection with the authorization, preparation, printing, issuance, sale, marketing, and delivery of each applicable series of bonds and the making of energy efficiency loans.

(14B) “Private Lending Institution” means a non-government business organization that makes an Energy Efficiency Loan and is approved by the Mayor to participate in the Energy Efficiency Loan program pursuant to §§ 8-1778.31 and 8-1778.48.

(15) “Property owner” means an owner of real property in the District.

(16) “Qualified Apprenticeship Program” means an apprenticeship program registered with the District of Columbia Apprenticeship Council.

(17) “Quality Assurance Program” means a program that establishes energy benchmarks, monitors and verifies the quality of Energy Efficiency Improvements, and measures actual energy savings.

(18) “Special Assessment” means the special assessment authorized by subchapter IX of Chapter 8 of Title 47 [§ 47-895.31 et seq.].

(19) “Trustee” means the trustee under the indenture.


(May 27, 2010, D.C. Law 18-183, § 101, 57 DCR 3406; Apr. 20, 2013, D.C. Law 19-262, § 102(a), 60 DCR 1300; Aug. 22, 2018, D.C. Law 22-155, § 605(b)(1), 65 DCR 7159.)

Section References

This section is referenced in § 47-895.31.

Effect of Amendments

The 2013 amendment by D.C. Law 19-262 added (2)(F) and made related changes; substituted “energy or water utility” for “energy utility” in the introductory paragraph of (10); substituted “electric, gas, water, or stormwater” for “electric or gas” in (10)(J); and added (11A), (14A), and (14B).

Emergency Legislation

For temporary (90 day) addition, see § 101 of Energy Efficiency Emergency Act of 2009 (D.C. Act 18-324, March 1, 2010, 57 DCR

Temporary Legislation

Section 101 of D.C. Law 18-156 added a section to read as follows:

“Sec. 101. Definitions.

“For the purposes of this act, the term:

“(1) ‘Authorized Delegate’ means any one of the following:

“(A) The City Administrator;

“(B) The Chief Financial Officer;

“(C) The District of Columbia Treasurer;

“(D) The Deputy Mayor for Planning and Economic Development; or

“(E) Any officer or employee of the Executive Office of the Mayor to whom the Mayor has delegated any of the Mayor’s functions under this act pursuant to section 422(6) of the Home Rule Act and who has been designated as an Authorized Delegate for purposes of this act.

“(2) ‘Bond Counsel’ means a firm or firms of attorneys designated as bond counsel from time to time by the Mayor.

“(3) ‘Bonds’ means the District of Columbia revenue bonds, notes, or other obligations (including refunding bonds, notes, and other obligations), in one or more series, authorized to be issued pursuant to this act

“(4) ‘Chief Financial Officer’ means the Chief Financial Officer of the District of Columbia.

“(5) ‘Closing Documents’ means all documents and agreements, other than Financing Documents, that may be necessary and appropriate to issue, sell, and deliver the bonds, and includes agreements, certificates letters, opinions, forms, receipts, and other similar instruments.

“(6) ‘Debt Service’ means payment of principal, premium, if any, and interest on the bonds.

“(7) ‘Financing Documents’ means the documents, other than Closing Documents, that relate to the financing or refinancing of transactions to be effected through the issuance, sale, and delivery of the bonds, including any required collection agreement, offering document, and any required supplements to any such documents.

“(8) ‘Home Rule Act’ means the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 774; D.C. Official Code § 1-201.01 et seq.).

“(9) ‘Indenture’ means the trust indentures, including a master trust indenture and any supplemental trust indenture, pursuant to which one or more series of the bonds are issued.

“(10) ‘Special Assessment’ means the special assessment authorized by subchapter IX of Chapter 8 of Title 47 of the District of Columbia Official Code.

“(11) ‘Trustee’ means the trustee under the indenture.”

Section 402(b) of D.C. Law 18-156 provided that the act shall expire after 225 days of its having taken effect.


§ 8–1778.02. Declaration of public purpose.

(a) Energy conservation efforts, including the promotion of Energy Efficiency Improvements to residential, commercial, and other real property, are necessary to address the issue of global climate change and to reduce the consumers’ energy costs.

(b) The upfront cost of making residential, commercial, or other real property more energy efficient prevents many property owners from making Energy Efficient Improvements. To make Energy Efficient Improvements more accessible and to promote the installation of those improvements, it is necessary to authorize a procedure to provide funds for the initial cost of installing Energy Efficiency Improvements.

(c) The Council declares that a public purpose will be served by a voluntary assessment program that provides the authority and the means to provide funds for the initial installation of Energy Efficiency Improvements that are permanently attached to residential, commercial, industrial, or other real property.

(d) Section 1-204.90 provides that the Council may, by act, authorize the issuance of District bonds to borrow money to finance, refinance, or reimburse, and to assist in the financing, refinancing, or reimbursing of, the cost of capital projects or undertakings that will contribute to the health, welfare, or safety of residents of the District as determined by the Council.

(e) The Council finds that authorization, issuance, sale, and delivery of bonds for the payment of costs of a program to provide funds for the initial installation of Energy Efficiency Improvements that are permanently attached to residential, commercial, or other real property will contribute to the health, welfare, and safety of residents of the District, are in the public interest, and will accomplish the purposes and intent of § 1-204.90.


(May 27, 2010, D.C. Law 18-183, § 102, 57 DCR 3406.)