§ 8–1771.05a. Protection against repeal of federal standards.

(a) If any of the energy or water conservation standards issued or approved for publication by the Office of the United States Secretary of Energy as of January 19, 2017, pursuant to the Energy Policy and Conservation Act (Parts 430-431 of Title 10 of the Code of Federal Regulations) ("2017 federal standard"), are withdrawn, repealed, or otherwise voided, the minimum energy or water efficiency level permitted in the District of Columbia for such products shall be set at the 2017 federal standard, and the product shall not be sold, leased, or rented, offered for sale, lease, or rent, or installed in the District unless the efficiency of the product meets or exceeds the 2017 federal standard.

(b) This section shall not apply to any federal energy or water conservation standard set aside by a court upon the petition of a person who will be adversely affected, as provided in 42 U.S.C. § 6306(b).

(Dec. 11, 2007, D.C. Law 17-64, § 6a; as added Mar. 16, 2021, D.C. Law 23-195, § 2(e), 68 DCR 00039.)

Applicability

Section 7198 of D.C. Law 24-45 repealed section 3 of D.C. Law 23-195 removing the applicability provision impacting this section.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 creation 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Section 7198 of D.C. Act 24-159 repealed section 3 of D.C. Law 23-195 removing the applicability provision impacting this section.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 creation 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 this section by § 2(e) 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.