D.C. Mun. Regs. tit. 20, r. 20-3521
A building owner that fails to demonstrate complete implementation of a compliance pathway as required by § 3518.1 at the end of a Compliance Cycle shall be assessed an alternative compliance penalty.
The maximum penalties under § 3521.1 shall be adjusted according to the compliance pathway and according to the following chart:
Pathway | Adjustment Factor | Example |
Performance pathway under §§ 3518.1(a) or 3518.1(e)(1) | The maximum penalty shall be adjusted by calculating the percent of Site EUI reduction achieved divided by twenty percent (20%). | Building A achieves a 10% reduction in Site EUI. Its maximum penalty is reduced by fifty percent (50%) (10/20 = 50%). |
Standard Target Pathway under §§ 3518.1(b) or 3518.1(e)(2) | The maximum penalty shall be adjusted by dividing the building's distance from the BEPS achieved by the distance from the BEPS for buildings of the same property type that are twenty percent (20%) less efficient than the BEPS. | Building B is six (6) points away from the BEPS by the end of the Compliance Cycle. A building of Building B's property type that is twenty percent (20%) less efficient than the BEPS is fifteen (15) points away from the BEPS. Therefore, the final maximum penalty is forty percent (40%) of the maximum alternative compliance penalty described in § 3521.1 (6/15 = 40%). |
Prescriptive pathway under § 3518.1(c) | The maximum penalty shall be adjusted by calculating the number of prescriptive pathway points actually earned divided by total needed. | Building C completes measures worth fifteen (15) points but needs twenty-five (25) to meet the energy performance requirements. Its maximum penalty is reduced by sixty percent (60%) (15/25 = 60%). |
Alternative compliance pathway under § 3518.1(d) | The maximum penalty shall be adjusted using adjustment factors described in the alternative compliance pathway agreement with DOEE, and shall be no less stringent than penalties for other pathways as described under § 3519.8. |
Notwithstanding § 3521.2, a building owner may be assessed the maximum alternative compliance penalty in accordance with § 3521.1, regardless of the building's performance relative to its pathway target, in addition to any other applicable fines, if the building owner:
A building owner violating a provision in §§ 3517 through 3520 shall be fined according to the schedule set forth in Title 16 (Consumer, Commercial Properties, and Civil Infractions) of the District of Columbia Municipal Regulations.
DOEE may enforce the requirements of this section, including assessment of a fine or alternative compliance penalty, by issuing one or more of the following:
DOEE may issue a notice of violation to notify a building owner of a violation under §§ 3517 through 3520 and any potential fine or penalty if the violation is not corrected. A notice of violation does not impose a fine.
DOEE may issue an enforcement notice to assess a fine or penalty for a violation under §§ 3517 through 3520. An enforcement notice may be appealed to DOEE pursuant to the instructions provided in the notice.
If a fine or penalty is not resolved under §§ 3521.6 or 3521.7, DOEE may issue a notice of infraction. A building owner that receives a notice of infraction may request a hearing or adjudication pursuant to the Office of Administrative Hearings Establishment Act of 2001 (D.C. Official Code § 2-1831.01et seq.) and the Office of Administrative Hearings Rules (1 DCMR § 2800 et seq).
A building owner may appeal to the District of Columbia Court of Appeals only after exhausting all administrative remedies.
In addition to or instead of a civil infraction, the Attorney General for the District of Columbia may commence a civil action for damages, cost recovery, reasonable attorney and expert witness fees, and injunctive or other appropriate relief to enforce compliance with §§ 3517 through 3520.
D.C. Mun. Regs. tit. 20, r. 20-3521