reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 15A - Management of Disposable Food Service Ware › § 8–1532. Prohibition on use of expanded polystyrene food service products

§ 8–1532. Prohibition on use of expanded polystyrene food service products.
(a)(1) By January 1, 2016, no food service entity shall sell or provide food in expanded polystyrene food service products, regardless of where the food will be consumed.
(2) By January 1, 2021, no retailer shall sell or offer for sale an expanded polystyrene food service product, expanded polystyrene container, or expanded polystyrene packing material.
(b) Subsection (a)(1) of this section shall not apply to food or beverages that were filled and sealed in expanded polystyrene containers before a food service entity received them or to materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off- premises consumption.
(Dec. 17, 2014, D.C. Law 20-142, § 402, 61 DCR 8045; Oct. 22, 2015, D.C. Law 21-36, § 6172(b), 62 DCR 10905; Apr. 16, 2020, D.C. Law 23-76, § 2(b), 67 DCR 2488.)
Effect of Amendments
The 2015 amendment by D.C. Law 21-36 substituted “entity” for “business” in (a) and (b).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 6172(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
Editor's Notes
Applicability of D.C. Law 20-142: Section 502(f) of D.C. Law 20-142 provided that §§ 401, 402, and 406 of the act shall apply as of December 17, 2014.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 15A - Management of Disposable Food Service Ware › § 8–1534. Recyclable and compostable food service ware list

§ 8–1534. Recyclable and compostable food service ware list.
No later than 180 days after December 17, 2014, the Mayor shall make public a list of vendors offering compostable or recyclable disposable food service ware products. The Mayor shall update this list annually for at least 5 years after it is first published.
(Dec. 17, 2014, D.C. Law 20-142, § 404, 61 DCR 8045; Oct. 22, 2015, D.C. Law 21-36, § 6172(d), 62 DCR 10905.)
Effect of Amendments
The 2015 amendment by D.C. Law 21-36 substituted “vendors offering compostable or recyclable disposable food service ware products” for “vendors offering affordable compostable or recyclable disposable food service ware products.”
Emergency Legislation
For temporary (90 days) amendment of D.C. Law 20-142, § 502(g), see § 6172(g) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
For temporary (90 days) amendment of this section, see § 6172(d) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
Editor's Notes
Applicability of D.C. Law 20-142: Section 502(g) of D.C. Law 20-142, as amended by D.C. Law 21-36, § 6172(g), provided that §§ 403 and 404 of the act shall apply as of October 1, 2015.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 15A - Management of Disposable Food Service Ware › § 8–1535. Exemptions and waiver. [Repealed]

§ 8–1535. Exemptions and waiver. [Repealed]
Repealed.
(Dec. 17, 2014, D.C. Law 20-142, § 405, 61 DCR 8045; Oct. 22, 2015, D.C. Law 21-36, § 6172(e), 62 DCR 10905.)
Emergency Legislation
For temporary (90 days) repeal of this section, see § 6172(e) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
For temporary (90 days) repeal of this section, see § 6172(e) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
Editor's Notes
Applicability of D.C. Law 20-142: Section 502(g) of D.C. Law 20-142 provided that §§ 403 to 405 of the act shall apply upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Applicability of D.C. Law 20-142: Section 502(g) of D.C. Law 20-142 provided that §§ 403 to 405 of the act shall apply upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 15A - Management of Disposable Food Service Ware › § 8–1536. Evaluation of food service ware litter in the Anacostia River

§ 8–1536. Evaluation of food service ware litter in the Anacostia River.
By January 1, 2016, the Mayor shall conduct a study evaluating the amount and types of trash found in the Anacostia River, including polystyrene foam, and submit findings to the Council.
(Dec. 17, 2014, D.C. Law 20-142, § 406, 61 DCR 8045.)
Editor's Notes
Applicability of D.C. Law 20-142: Section 502(f) of D.C. Law 20-142 provided that §§ 401, 402, and 406 of the act shall apply as of December 17, 2014.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 15A - Management of Disposable Food Service Ware › § 8–1537. Rules; enforcement

§ 8–1537. Rules; enforcement.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.
(b) Civil fines and penalties may be imposed as sanctions for an infraction of the provisions of this chapter or any rules issued under the authority of this chapter, pursuant to Chapter 18 of Title 2 ("Civil Infractions Act"). Enforcement and adjudication of an infraction shall be pursuant to the Civil Infractions Act.
(c) In addition to the enforcement authority provided to the Mayor under the Civil Infractions Act, the Mayor may seek injunctive relief or other appropriate remedy in any court of competent jurisdiction to enforce compliance with the provisions of this chapter.
(d)(1) For the purpose of enforcing the provisions of this chapter, or any rule issued pursuant to subsection (a) of this section, the Mayor may, upon the presentation of appropriate credentials to the owner, operator, or agent in charge, enter upon any public or private land in a reasonable and lawful manner during normal business hours for the purpose of sampling, inspection, and observation.
(2) If denied access to any place while carrying out the activities described in paragraph (1) of this subsection, the Mayor may apply to a court of competent jurisdiction for a search warrant.
(Dec. 17, 2014, D.C. Law 20-142, § 407, 61 DCR 8045; Oct. 22, 2015, D.C. Law 21-36, § 6172(f), 62 DCR 10905.)
Effect of Amendments
The 2015 amendment by D.C. Law 21-36 added (d).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 6172(f) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 16 - Potomac River Basin Compact › § 8–1601. Consent of Congress to compact; rights reserved by Congress

§ 8–1601. Consent of Congress to compact; rights reserved by Congress.
(a) The consent of Congress is hereby given to the States of Maryland and West Virginia and the Commonwealths of Virginia and Pennsylvania and the District of Columbia to enter into the compact to create a Potomac Valley Conservancy District and to establish an Interstate Commission on the Potomac River Basin, and to each and every part and article thereof; provided, that nothing contained in such compact shall be construed as impairing or in any manner affecting any right or jurisdiction of the United States in and over the region which forms the subject of this compact.
(b) The right to alter, amend, or repeal this section is hereby expressly reserved.
(July 11, 1940, 54 Stat. 748, ch. 579.)
Prior Codifications
1981 Ed., § 7-1301.
1973 Ed., § 7-1501.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17 - Soil and Water Conservation › Subchapter I - Soil and Water Conservation District › § 8–1702. Definitions

§ 8–1702. Definitions.
For the purposes of this subchapter, the term:
(1) “District of Columbia government agency” means any agency, department, unit, and instrumentality, corporate or otherwise, of the District of Columbia government.
(2) “Renewable natural resources” means the land, the soil, the water, the vegetation, the trees, the fish, and the wildlife of the District of Columbia.
(3) “Conservation” means conservation, improvement, maintenance, preservation, and protection of the renewable natural resources.
(4) “Mayor” means the Mayor of the District of Columbia or the Mayor’s designee.
(5) “United States government agency” means any agency, department, unit, or instrumentality of the United States government.
(Sept. 14, 1982, D.C. Law 4-143, § 3, 29 DCR 3118.)
Prior Codifications
1981 Ed., § 1-2802.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17 - Soil and Water Conservation › Subchapter I - Soil and Water Conservation District › § 8–1703. Established

§ 8–1703. Established.
There is established the Soil and Water Conservation District as a District of Columbia government agency.
(Sept. 14, 1982, D.C. Law 4-143, § 4, 29 DCR 3118.)
Prior Codifications
1981 Ed., § 1-2803.
Section References
This section is referenced in § 8-1721.
Editor's Notes
Section 15 of D.C. Law 4-143 provided that the Soil and Water Conservation District, established by § 8-1703, shall terminate on January 1, 1987, unless it is subsequently reestablished by an act of the Council of the District of Columbia. Section 8-1721, reestablishing the Soil and Water Conservation District, was enacted July 25, 1987.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17 - Soil and Water Conservation › Subchapter I - Soil and Water Conservation District › § 8–1704. Composition

§ 8–1704. Composition.
(a) The Soil and Water Conservation District, reestablished by § 8-1721, shall be governed by 7 members.
(b) Five members, at least 4 of whom shall be directors of appropriate agencies or departments of the District of Columbia government, shall be appointed by and serve at the pleasure of the Mayor. Two members shall be appointed by the Council of the District of Columbia upon the recommendation of the Chairman of the Council of the District of Columbia from among its members.
(c) Each member of the Water and Soil Conservation District may designate a person to serve and act in the absence of the appointed member.
(d) The members shall serve without compensation. Members shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties in implementing the provisions of this subchapter.
(Sept. 14, 1982, D.C. Law 4-143, § 5, 29 DCR 3118; May 23, 1986, D.C. Law 6-117, § 2, 33 DCR 2442; Oct. 9, 1987, D.C. Law 7-39, § 3(a), 34 DCR 5331; Apr. 30, 1988, D.C. Law 7-104, § 8(a), 35 DCR 147; Apr. 12, 2000, D.C. Law 13-91, § 130, 47 DCR 520.)
Prior Codifications
1981 Ed., § 1-2804.
Effect of Amendments
D.C. Law 13-91, in subsec. (a), substituted “§ 1-2803.1” for “§ 1-2803” 1981 Ed. .
Transfer of Functions
The functions of the Department of Transportation were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.
The functions of the Department of Environmental Services were transferred to the Department of Public Works by Reorganization Plan No. 4 of 1983, effective March 1, 1984.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17 - Soil and Water Conservation › Subchapter I - Soil and Water Conservation District › § 8–1705. Chairperson; meetings; employees

§ 8–1705. Chairperson; meetings; employees.
(a) The Soil and Water Conservation District shall organize annually and shall select a Chairperson from among its members. The Chairperson shall convene meetings of the Soil and Water Conservation District when necessary to perform the functions of the Soil and Water Conservation District. All meetings of the Soil and Water Conservation District shall be open to the public. A majority of the members shall constitute a quorum and all actions of the Soil and Water Conservation District shall be by a majority vote of the members present and voting at a meeting at which a quorum is present.
(b) The Soil and Water Conservation District may employ a secretary, technical experts, and other officers, agents, employees, and advisers, permanent and temporary, as may be permitted by the budget of the District of Columbia government for the Soil and Water Conservation District. The Soil and Water Conservation District may seek legal services from the Corporation Counsel of the District of Columbia. Staff assigned and employed in the member’s office or District of Columbia government agency may provide services for the Soil and Water Conservation District. The Soil and Water Conservation District may delegate the powers and duties enumerated in this subchapter to its Chairman, to 1 or more of its members, or to 1 or more agents or employees of the Soil and Water Conservation District.
(Sept. 14, 1982, D.C. Law 4-143, § 6, 29 DCR 3118.)
Prior Codifications
1981 Ed., § 1-2805.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17 - Soil and Water Conservation › Subchapter I - Soil and Water Conservation District › § 8–1706. Citizen Advisory Committee. [Repealed]

§ 8–1706. Citizen Advisory Committee. [Repealed]
Repealed.
(Sept. 14, 1982, D.C. Law 4-143, § 7, 29 DCR 3118; Apr. 3, 2001, D.C. Law 13-235, § 2, 48 DCR 593; May 2, 2015, D.C. Law 20-271, § 257, 62 DCR 1884.)
Prior Codifications
1981 Ed., § 1-2806.
Effect of Amendments
D.C. Law 13-235 substituted “resident” for “Advisory Neighborhood Commissioner”.
Emergency Legislation
For temporary (90 days) repeal of this section, see § 257 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).
For temporary (90 days) repeal of this section, see § 257 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17 - Soil and Water Conservation › Subchapter I - Soil and Water Conservation District › § 8–1708. Long-range resource conservation program; annual work plan

§ 8–1708. Long-range resource conservation program; annual work plan.
(a) The Water and Soil Conservation District shall prepare, and revise annually in cooperation with other District of Columbia government agencies, a long-range program for the conservation of renewable natural resources. The program shall be directed toward conservation of resources for their best use and in a manner that will meet the needs of the District of Columbia. The program shall include an inventory of all renewable natural resources in the Soil and Water Conservation District, a compilation of current resource needs, projections of future resource requirements, priorities for various resource activities, projected time tables, descriptions of available alternatives, and provisions for coordination with other programs.
(b) The Soil and Water Conservation District shall prepare an annual work plan which shall describe the programs, services, facilities, materials, working arrangements, and estimated funds needed to carry out the parts of the long-range program that are of the highest priority in the coming year.
(c) The long-range program and work plan shall be made available to the Mayor, to the Council of the District of Columbia, to District of Columbia government agencies, to United States government agencies, and to the general public.
(Sept. 14, 1982, D.C. Law 4-143, § 9, 29 DCR 3118.)
Prior Codifications
1981 Ed., § 1-2808.
Section References
This section is referenced in § 8-1707.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17 - Soil and Water Conservation › Subchapter I - Soil and Water Conservation District › § 8–1709. Cooperative agreements; documentary function; public hearings; annual report

§ 8–1709. Cooperative agreements; documentary function; public hearings; annual report.
(a) Appropriate United States government agencies and District of Columbia government agencies may designate liaison representatives and assign employees, on a temporary or permanent basis, for the consultation on programs and plans for resource conservation, and in the preparation and coordination of local planning and programming for resource conservation.
(b) The Soil and Water Conservation District shall consult, cooperate, and the Mayor, upon the advice and recommendation of the Soil and Water Conservation District, may enter into agreements with adjacent local, state, regional, interstate, and United States government agencies to promote efficient resource conservation policies in implementing the purposes of this subchapter.
(c) The Soil and Water Conservation District shall fully inform the Mayor, the Council of the District of Columbia, and other appropriate local and regional agencies concerning the status and progress of the preparation of its resource conservation programs and plans and shall, upon request, provide the Mayor, the Council of the District of Columbia, and other appropriate agencies with reports, data, rules, orders, contracts, forms, and other documents.
(d) The Soil and Water Conservation District shall hold public hearings in connection with the preparation of the annual work plan and other major programs and shall give careful consideration to the views expressed in the hearings. The Soil and Water Conservation District shall keep the public informed concerning its programs, plans, and activities by hearings and other meetings as it deems appropriate.
(e) The Soil and Water Conservation District shall publish an annual report of its plans, programs, activities, budget, receipts, and expenditures and shall include therein descriptions of its official resource conservation program, the current annual program related thereto, and the status of all activities initiated under the program. It shall submit copies of each annual report to the Mayor and to the Council of the District of Columbia, and shall make copies of reports, summaries, and digests available to the appropriate agencies and to the general public.
(f) All actions of the Soil and Water Conservation District shall be in compliance with subchapter I of Chapter 5 of Title 2.
(Sept. 14, 1982, D.C. Law 4-143, § 10, 29 DCR 3118.)
Prior Codifications
1981 Ed., § 1-2809.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17 - Soil and Water Conservation › Subchapter I - Soil and Water Conservation District › § 8–1710. Participation in loan or grant

§ 8–1710. Participation in loan or grant.
The Soil and Water Conservation District may obtain a loan or grant of any funds, property, equipment, or services from any United States government agency or District of Columbia government agency for any of the purposes of this subchapter. In connection with any loan or grant, the Soil and Water Conservation District may pledge, encumber, or obligate any property or monies of the Soil and Water Conservation District; provided, that the encumbrance, obligation, or pledge shall not extend beyond January 1, 1987.
(Sept. 14, 1982, D.C. Law 4-143, § 11, 29 DCR 3118.)
Prior Codifications
1981 Ed., § 1-2810.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17 - Soil and Water Conservation › Subchapter I - Soil and Water Conservation District › § 8–1711. Annual budget

§ 8–1711. Annual budget.
The Soil and Water Conservation District shall submit to the Mayor of the District of Columbia an annual budget requesting appropriations for the purpose of implementing this subchapter. Such budget shall be submitted in the same manner as are budgets of other District of Columbia government agencies.
(Sept. 14, 1982, D.C. Law 4-143, § 12, 29 DCR 3118.)
Prior Codifications
1981 Ed., § 1-2811.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17 - Soil and Water Conservation › Subchapter I - Soil and Water Conservation District › § 8–1712. Limitations on authority

§ 8–1712. Limitations on authority.
Nothing in this subchapter shall authorize the Soil and Water Conservation District, any of its members, or any of its employees to obligate, encumber, pledge, necessitate, or require the Soil and Water Conservation District or the District of Columbia government to perform, execute, or to take any action subsequent to January 1, 1987. Any property, materials, equipment, land, money, records, or any other asset of the Soil and Water Conservation District shall become the possession of the District of Columbia government on January 2, 1987.
(Sept. 14, 1982, D.C. Law 4-143, § 13, 29 DCR 3118.)
Prior Codifications
1981 Ed., § 1-2812.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17 - Soil and Water Conservation › Subchapter I - Soil and Water Conservation District › § 8–1713. Termination. [Repealed]

§ 8–1713. Termination. [Repealed]
Repealed.
(Sept. 14, 1982, D.C. Law 4-143, § 15, 29 DCR 3118; Oct. 9, 1987, D.C. Law 7-39, § 5, 34 DCR 5331.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17 - Soil and Water Conservation › Subchapter I - Soil and Water Conservation District › § 8–1714. Terms

§ 8–1714. Terms.
Each member of the Soil and Water Conservation Board appointed by the Council of the District of Columbia shall serve a 2-year term, which shall expire at the conclusion of the Council period during which the Councilmember was appointed.
(Sept. 14, 1982, D.C. Law 4-143, § 17; as added Oct. 9, 1987, D.C. Law 7-39, § 4, 34 DCR 5331; Apr. 30, 1988, D.C. Law 7-104, § 8(b), 35 DCR 147.)
Prior Codifications
1981 Ed., § 1-2814.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17 - Soil and Water Conservation › Subchapter II - Reestablishment › § 8–1721. Soil and Water Conservation District — Reestablished

§ 8–1721. Soil and Water Conservation District — Reestablished.
The Soil and Water Conservation District established by § 8-1703 is reestablished as a District of Columbia government agency.
(Oct. 9, 1987, D.C. Law 7-39, § 2, 34 DCR 5331.)
Prior Codifications
1981 Ed., § 1-2803.1.
Section References
This section is referenced in § 8-1704.
Editor's Notes
Section 15 of D.C. Law 4-143 provided that the Soil and Water Conservation District, established by § 8-1703, shall terminate on January 1, 1987, unless it is subsequently reestablished by an act of the Council of the District of Columbia. Section 8-1721, reestablishing the Soil and Water Conservation District, was enacted July 25, 1987.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17A - Natural Resources Conservation › § 8–1731.02. Critical areas

§ 8–1731.02. Critical areas.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to:
(1) Designate critical areas for protection within the District; and
(2) Protect, conserve, or enhance the environmental function and value of the critical areas designated pursuant to paragraph (1) of this section.
(May 19, 2017, D.C. Law 21-282, § 202, 64 DCR 2055.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17A - Natural Resources Conservation › § 8–1731.03. Shoreline protection

§ 8–1731.03. Shoreline protection.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to require shoreline protection measures, which shall, to the maximum extent possible, promote the use of living shoreline projects.
(May 19, 2017, D.C. Law 21-282, § 203, 64 DCR 2055.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17A - Natural Resources Conservation › § 8–1731.04. Invasive plants and nonindigenous nuisance species

§ 8–1731.04. Invasive plants and nonindigenous nuisance species.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 shall issue rules to list invasive plants and nonindigenous nuisance species; provided, that the Mayor shall not list the species
Felis catus
as a nonindigenous nuisance species.
(b) Except as provided in § 8-1731.07, no person shall knowingly import, transport, offer for sale, sell, purchase, give, receive, plant, spread, or introduce into the District or District waters any invasive plant listed pursuant to subsection (a) of this section.
(c) Except as provided in § 8-1731.07 no person shall knowingly possess, import, transport, offer for sale, sell, purchase, give, receive, breed, or introduce into the District or District waters an animal belonging to a nonindigenous nuisance species listed pursuant to subsection (a) of this section.
(d) It shall not be a violation of subsection (b) or (c) of this section to possess, import, transport, offer for sale, sell, purchase, give, receive, or introduce into the District:
(1) An invasive plant listed pursuant to subsection (a) of this section if it is dead and no longer capable of growth and reproduction;
(2) An animal belonging to a nonindigenous nuisance species listed pursuant to subsection (a) of this section if it is dead or no longer capable of reproduction; or
(3) An animal belonging to a nonindigenous nuisance species listed pursuant to subsection (a) of this section that is domesticated.
(May 19, 2017, D.C. Law 21-282, § 204, 64 DCR 2055.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17A - Natural Resources Conservation › § 8–1731.05. Entry and inspection

§ 8–1731.05. Entry and inspection.
(a) To ensure compliance with this chapter, the Mayor may, at any reasonable time and upon the presentation of appropriate credentials to, and with the consent of, the owner, operator, or person in charge:
(1) Enter any place to determine a person's compliance with this chapter or regulations promulgated pursuant to this chapter; and
(2) Inspect and copy any record, report, or other document or information related to compliance with this chapter or regulations promulgated pursuant to this chapter.
(b) If the Mayor is denied access to enter or inspect and copy records pursuant to subsection (a) of this section, the Mayor may apply to the Superior Court for the District of Columbia for a search warrant.
(May 19, 2017, D.C. Law 21-282, § 205, 64 DCR 2055.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17A - Natural Resources Conservation › § 8–1731.06. Enforcement and penalties

§ 8–1731.06. Enforcement and penalties.
(a) The Mayor may impose civil infraction penalties, fines, and fees as sanctions for any violation of this chapter or regulations promulgated pursuant to this chapter, pursuant to Chapter 18 of Title 2.
(b) In addition to any penalties authorized by this section, the Mayor may require reimbursement for the costs of investigation, control, and eradication incurred by the District as a result of a violation of this chapter or regulations promulgated pursuant to this chapter.
(c) The Attorney General for the District of Columbia may commence appropriate civil action in the Superior Court of the District of Columbia or any other court of competent jurisdiction for damages, cost recovery, reasonable attorney and expert witness fees, and injunctive or other appropriate relief to enforce compliance with this chapter or regulations promulgated pursuant to this chapter.
(May 19, 2017, D.C. Law 21-282, § 206, 64 DCR 2055.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17A - Natural Resources Conservation › § 8–1731.07. Exception for research

§ 8–1731.07. Exception for research.
(a) Notwithstanding § 8-1731.04(b) and (c), the Mayor may issue a permit to allow the importation, possession, purchase, gift, receipt, transportation, planting, or breeding of an invasive plant or a nonindigenous nuisance species listed pursuant to § 8-1731.04(a) in the District for research by a recognized institution or government agency upon determining that adequate safeguards will be implemented and maintained to prevent the release, escape, or introduction of any such invasive plant or nonindigenous nuisance species into the District or District waters.
(b) The Mayor may modify, suspend, revoke, or deny a permit issued under this section for failure to comply with any conditions associated with the issuance of the permit, this chapter, or regulations promulgated pursuant to this chapter.
(c) A person aggrieved by an action of the Mayor taken pursuant to this section may appeal the action of the Mayor to the Office of Administrative Hearings pursuant to § 2-1831.03(a).
(May 19, 2017, D.C. Law 21-282, § 207, 64 DCR 2055.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17A - Natural Resources Conservation › § 8–1731.08. Rules

§ 8–1731.08. Rules.
The Mayor, pursuant to Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter, including rules to establish fees.
(May 19, 2017, D.C. Law 21-282, § 208, 64 DCR 2055.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17M - Energy Efficiency Standards › § 8–1771.02. Scope

§ 8–1771.02. Scope.
(a) This chapter shall apply to the following types of new products sold, leased, rented, offered for sale, lease, or rent, or installed in the District of Columbia:
(1) Air purifiers;
(2) Commercial dishwashers;
(3) Commercial fryers;
(4) Commercial hot food holding cabinets;
(5) Commercial steam cookers;
(6) Computers and computer monitors;
(7) Faucets;
(8) High color rendering index lamps, cold temperature lamps, and impact-resistant fluorescent lamps;
(9) Metal halide lamp fixtures;
(10) Portable electric spas;
(11) Residential ventilating fans;
(12) Showerheads;
(13) Single-voltage external AC to DC power supplies;
(14) Spray sprinkler bodies;
(15) State-regulated general service lamps;
(16) State-regulated incandescent reflector lamps;
(17) Urinals and water closets;
(18) Walk-in refrigerators or freezers;
(19) Water coolers; and
(20) Any other products designated by the Mayor in accordance with § 8-1771.04.
(b) This chapter shall not apply to:
(1) New products manufactured in the District of Columbia and sold outside the District of Columbia;
(2) New products manufactured outside the District of Columbia and sold at wholesale inside the District for final retail sale and installation outside the District of Columbia;
(3) Products installed in mobile manufactured homes at the time of construction; or
(4) Products designed expressly for installation and use in recreational vehicles.
(Dec. 11, 2007, D.C. Law 17-64, § 3, 54 DCR 10964; Mar. 16, 2021, D.C. Law 23-195, § 2(b), 68 DCR 00039.)
Section References
This section is referenced in § 8-1771.04.
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 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 change made to this section by § 2(b) 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.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17M - Energy Efficiency Standards › § 8–1771.04. New and revised standards

§ 8–1771.04. New and revised standards.
(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.)
Section References
This section is referenced in § 8-1771.02.
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 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.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17M - Energy Efficiency Standards › § 8–1771.05a. Protection against repeal of federal standards

§ 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.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17M - Energy Efficiency Standards › § 8–1771.06. Electric company purchases of distribution transformers — Public Service Commission rule

§ 8–1771.06. Electric company purchases of distribution transformers — Public Service Commission rule.
(a) For the purposes of this section, the term:
(1) “Electric company” shall have the same meaning as in § 34-207.
(2) “Liquid-immersed distribution transformer” means a transformer that:
(A) Has an input voltage of 34,500 volts or less;
(B) Has an output voltage of 600 volts or less;
(C) Uses oil or other liquid as a coolant; and
(D) Is rated for operation at a frequency of 60 Hertz.
(3) “Transformer” means a device consisting of 2 or more coils of insulated wire and that is designed to transfer alternating current by electromagnetic induction from one coil to another to change the original voltage or current value.
(b) Within 365 days of the date that the United States Department of Energy issues a final rule on liquid-immersed distribution transformers, the Public Service Commission shall adopt a rule governing the purchase of liquid-immersed distribution transformers by the electric company. The rule shall ensure that, subject to availability, all such purchases occurring on or after January 1, 2009 are based on the life-cycle cost methodology contained in section 2 of Standard TP 1-2002 published by the National Electrical Manufacturers Association. The Public Service Commission may also consider additional inventory management costs as costs for inclusion within the life-cycle cost methodology to be used by an electric company for purposes of this section. Except as provided herein, the rule shall be consistent with regulations pertaining to liquid-immersed distribution transformers adopted by the United States Department of Energy.
(Dec. 11, 2007, D.C. Law 17-64, § 7, 54 DCR 10964.)
Section References
This section is referenced in § 34-302.01.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17M-i - Commercial and Local Government Property Energy Conservation › Subchapter I - Commercial Energy Conservation › § 8–1772.01. Definitions

§ 8–1772.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Air conditioner” means an appliance, system, or mechanism designed to remove heat and humidity from ambient air for thermal comfort.
(2) Repealed.
(3) “Commercial property” means income-producing property as identified under zoning classifications that would allow for uses such as office buildings, retail stores, and service facilities pursuant to Chapter 7 of Title 11 of the District of Columbia Municipal Regulations (11 DCMR § 700 et seq.).
(3A) "DOEE" means the Department of Energy and Environment.
(4) “Person” means:
(A) The owner or lessee of the portion of a commercial building or structure that is a retail or wholesale establishment that sells goods or provides services to consumers; and
(B) The record owner or lessee of any other portion of a commercial building or structure.
(5) Repealed.
(Mar. 19, 2013, D.C. Law 19-252, § 201, 59 DCR 14932; Oct. 8, 2016, D.C. Law 21-160, § 6022(a), 63 DCR 10775.)
Editor's Notes
Section 301 of D.C. Law 19-252 provided that the Mayor shall issue rules to implement the provisions of the act within 180 days of its effective date [March 19, 2013].
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17M-i - Commercial and Local Government Property Energy Conservation › Subchapter I - Commercial Energy Conservation › § 8–1772.02. Commercial property energy conservation

§ 8–1772.02. Commercial property energy conservation.
(a) A commercial property shall keep exterior doors and windows closed when an air conditioner that cools the adjacent area is in operation, except:
(1) As needed to permit the ingress and egress of people or the delivery or shipping of goods;
(2) As needed to permit vehicular access to or for a loading dock; or
(3) When an emergency situation exists that requires an exterior door or window to be kept open.
(b) This section shall not apply to exterior doors or windows of hotels and restaurants that adjoin an indoor or outdoor seating area where food or beverages are served during times when the indoor or outdoor seating area is open for use by customers.
(Mar. 19, 2013, D.C. Law 19-252, § 202, 59 DCR 14932; Oct. 8, 2016, D.C. Law 21-160, § 6022(b), 63 DCR 10775.)
Section References
This section is referenced in § 8-1772.03.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17M-i - Commercial and Local Government Property Energy Conservation › Subchapter I - Commercial Energy Conservation › § 8–1772.03. Penalties

§ 8–1772.03. Penalties.
(a) If the Mayor determines that a violation of this subchapter has occurred, the person in violation shall be subject to the penalties set forth in this section.
(b) The Mayor shall impose a penalty on retail establishments in violation of this subchapter, which shall be a class 4 infraction under the schedule of fines in Chapter 32 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3200 et seq.)
(c) Retail establishments shall not be fined more than once in a 24-hour period for a violation of § 8-1772.02.
(d) If payment of any amounts due under this section is not received by or before the due date, a penalty shall be added as provided by the Mayor through rulemaking.
(e) A violation of this subchapter shall be a civil infraction for purposes of Chapter 18 of Title 2 [§ 2-1801.01 et seq.] (“Civil Infractions Act”). Civil fines, penalties, and fees may be imposed as sanctions for an infraction of the provisions of this subchapter, or the rules issued under authority of this subchapter, pursuant to the Civil Infractions Act. Adjudication of infractions shall be pursuant to the Civil Infractions Act.
(f) The enforcement of this subchapter shall be administered by DOEE.
(Mar. 19, 2013, D.C. Law 19-252, § 203, 59 DCR 14932; Oct. 8, 2016, D.C. Law 21-160, § 6022(c), 63 DCR 10775.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17M-i - Commercial and Local Government Property Energy Conservation › Subchapter I - Commercial Energy Conservation › § 8–1772.04. Rules

§ 8–1772.04. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this subchapter.
(Mar. 19, 2013, D.C. Law 19-252, § 204; as added Oct. 8, 2016, D.C. Law 21-160, § 6022(d), 63 DCR 10775.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17M-i - Commercial and Local Government Property Energy Conservation › Subchapter II - Building Energy Performance Standards and Benchmarking › § 8–1772.23. Rulemaking

§ 8–1772.23. Rulemaking.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this subchapter, including rules that increase the minimum size of the solar zone for particular classes of residential buildings.
(Mar. 22, 2019, D.C. Law 22-257, § 304, 66 DCR 1344.)
Applicability
Section 7164 of D.C. Law 23-16 repealed § 601 of D.C. Law 22-257. Therefore the creation of this section by D.C. Law 22-257 has been implemented.
Applicability of D.C. Law 22-257: § 601 of D.C. Law 22-257 provided that the creation of this section by § 304 of D.C. Law 22-257 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.
Emergency Legislation
For temporary (90 days) repeal of applicability provision of D.C. Law 22-255, see § 7164 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) repeal of applicability provision of D.C. Law 22-255, see § 7164 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
Editor's Notes
This provision also applies to section 302 of D.C. Law 22-257 (codified as part of § 6-1451.03(c)(2) and § 6-1451.09).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 17M-i - Commercial and Local Government Property Energy Conservation › Subchapter III - Sustainable Energy Infrastructure Capacity Building and Pipeline Program › § 8–1772.31. Sustainable Energy Infrastructure Capacity Building and Pipeline Program; establishment

§ 8–1772.31. Sustainable Energy Infrastructure Capacity Building and Pipeline Program; establishment.
(a) There is established within the Department of Energy and Environment ("DOEE") the Sustainable Energy Infrastructure Capacity Building and Pipeline Program ("Program") with the purpose of increasing the participation and capacity of certified business enterprises, as defined in § 2-218.02(1D), or eligible businesses in energy efficiency fields.
(b) The Program shall apply to all energy efficiency measures designed to increase the renewable energy portfolio standard, as defined in § 34-1431(11), to 100% by 2032, including contracts and procurements related to professional services, construction, inspection, maintenance, or installation of energy efficient technology or materials.
(c) DOEE and the Office of Contracting and Procurement shall develop and use procurement criteria that includes Certified Business Enterprise utilization as an evaluation factor when shortlisting and selecting businesses for professional services and when selecting contractors in best value procurements with a contract value of more than $250,000.
(Mar. 22, 2019, D.C. Law 22-257, § 401, 66 DCR 1344.)
Applicability
Section 7164 of D.C. Law 23-16 repealed § 601 of D.C. Law 22-257. Therefore the creation of this section by D.C. Law 22-257 has been implemented.
Applicability of D.C. Law 22-257: § 601 of D.C. Law 22-257 provided that the creation of this section by § 401 of D.C. Law 22-257 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.
Emergency Legislation
For temporary (90 days) repeal of applicability provision of D.C. Law 22-255, see § 7164 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) repeal of applicability provision of D.C. Law 22-255, see § 7164 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).