The District of Columbia Council's Committee of the Whole (COW) will hold a public hearing on Oct. 8, 2024, to consider the Resilient and Energy Efficient Historic Properties Amendment Act of 2024 (Bill 25-793).
This legislation – introduced by Ward 6 Councilmember Charles Allen and cosponsored by Councilmembers Matthew Frumin, Zachary Parker and Robert C. White Jr. – proposes to expand the mandate of the District of Columbia's Historic Landmark and Historic District Protection Act of 1978 (Preservation Law) to require that the Historic Preservation Review Board (HPRB) consider certain energy efficiency and energy resiliency building and design elements as being compatible with the character of all historic districts designated within the District of Columbia.
The bill's sponsors argue that the Preservation Law, which controls construction and renovation activities in the 70 historic districts within the District, currently creates a tension and potential disincentive for property owners to pursue "critical climate-focused upgrades to their property" or otherwise restricts the scope and siting of those upgrades, which may result in a diminished sustainability benefit to the property owner and to the District.
The bill aims to rebalance the current approach to historic preservation under the Preservation Law, which the bill's sponsors claim "results in neighborhood aesthetics and historic character being given absolute precedence over strategies to mitigate climate change." The bill directs that the HPRB consider installation of solar panels, electric vehicle charging or make-ready infrastructure, heat pumps and other design elements to increase energy or water efficiency as de facto compatible with the character of all historic districts.
Importantly, the legislation, if approved, would only apply to properties within historic districts and not individually designated landmarks. It also would provide the HPRB the option to propose reasonable alternatives to a project applicant that would produce substantially similar energy and water efficiencies. The bill is not clear whether a project applicant would be required to pursue the HPRB-suggested options in order to proceed with its upgrades.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.