Recommendations for Renewed Focus on Sustainability in DC

Testimony of
Mark Rodeffer, Vice Chair, Sierra Club DC Chapter
Before the Committee on Transportation and the Environment Oversight Hearing
On the Department of Energy and the Environment
January 25, 2020

Introduction

Councilmember Cheh, thank you for the opportunity to testify at this performance oversight hearing on the Department of Energy and Environment (DOEE). My name is Mark Rodeffer and I’m the vice chair of the Sierra Club DC Chapter. The Sierra Club is the nation’s oldest, largest and most influential environmental advocacy group. We have chapters in all 50 states. The DC chapter has about 3,000 dues-paying members.

We are pleased overall with the work of the Department of Energy Environment. It is among the most competent and mission-driven agencies in the DC government and its staff are generally accessible to environmental advocates. We do however believe there are some areas for improvement, which we outline in this testimony. Additionally, over the last two months, several key DOEE staff members, especially in the Energy Administration, have left the department. We ask that DOEE find highly qualified replacements who will be as open and accessible as their predecessors were.

ENERGY

Transitioning Off Fracked Gas

Fracked gas burned in buildings to provide heat and hot water is responsible for 23% of DC’s greenhouse gas emissions.^[1] The gas we burn in our homes is methane, and when released directly into the atmosphere, it is 84 to 87 times more powerful than carbon dioxide, the most common greenhouse gas.^[2] The Clean Energy DC plan states: “Achieving its 2050 GHG carbon neutral target will require the District to eliminate fossil fuel use.”^[3] DOEE has been working on a building electrification study and developing the Carbon Free DC plan, which models pathways for the District to reduce its greenhouse gas emissions. At this hearing a year ago, we praised DOEE for these plans. Today, we ask what their status is, and we ask that you, Councilmember Cheh, request an update from DOEE today.

Fracked gas combustion inside buildings is not just a climate threat, it’s also a public health threat. Gas appliances fill our homes with many of the same pollutants as car exhaust – carbon monoxide, nitrogen dioxide, particulate matter, and even formaldehyde.^[4] The air we breathe indoors – where we spend 90% of our time – is often more polluted than outdoor air.^[5] Health impacts stemming from elevated nitrogen dioxide exposure include aggravated respiratory symptoms and higher susceptibility to lung infections,^[6] a 42% increased risk of children developing asthma symptoms,^[7] and IQ and learning deficits in children.^[8] Researchers in Australia found that asthma rates in children living with gas stoves are comparable to those of children living with cigarette smokers. The researchers attributed 12% of all childhood asthma to pollution from gas stoves.^[9]

The only way to deal with the climate and health threats of burning gas in buildings is to stop burning gas in buildings. This will require that we start by heating newly constructed buildings with highly-efficient heat pumps and begin to retrofit existing buildings from fossil fuels to heat pumps. Unfortunately, fossil fuel interests want to take DC in the opposite direction. AltaGas, the Canadian fracked gas company that owns DC’s local gas utility, wants to charge DC ratepayers up to $5 billion to replace its fossil fuel piping system.^[10] DC cannot afford to double down on fossil fuel infrastructure – we cannot afford it financially, our climate cannot afford it, and public health cannot afford it. Instead of wasting billions of dollars on old energy technology, DC should invest in electrifying buildings with renewable energy, starting with the homes of low and moderate income residents, saving DC families and businesses billions in gas infrastructure costs. These investments should be coupled with energy efficiency and weatherization measures as well as efforts to address other indoor quality issues, such as those arising from mold and pests.

DC Sustainable Energy Utility

DOEE and the DC Sustainable Energy Utility (DCSEU), which administers DC’s energy efficiency programs, in 2021 finalized a five-year contract extension. The new contract no longer subsidizes residential gas appliances and will increase incentives for clean and efficient air-source heat pump systems, marking an important step forward on transitioning the District’s building stock off polluting fossil fuels. The current gas appliance subsidy program expired in August 2021. The Sierra Club applauds DOEE and the DCSEU for ending these fossil fuel subsidies. However, DCSEU’s rebates for clean energy heat pumps remain insufficient. The current rebates are only $300 to $500 per heat pump. To spur widespread adoption of heat pumps, the DCSEU needs to offer much more generous rebates, covering up to 50% of the cost for low and moderate income DC residents.

Gas Leaks

Gas leaks continue to plague the District as a result of DC’s aging system of pipes, pouring powerful greenhouse gases into the atmosphere. But this should not be the impetus for the District to spend money on comprehensive pipe replacement. Rather, it is time to think about accelerated decommissioning of gas pipes. We know that for DC to meet its climate commitments, we must stop burning fossil fuels. DC’s crumbling gas delivery system must be seen as an opportunity to transition to new energy systems for our buildings, based on electrification and clean energy sources that will serve our residents for decades to come.

We laud DOEE for conducting the first phase of a comprehensive study of gas leaks in DC’s residential areas. This study found that despite eight years and well over $100 million of pipe replacement by the gas utility, gas leaks have gotten worse. The study, which covered DC’s residential areas and about half the total area of the District, found 3,346 surface locations that exceeded background levels of methane, a per-mile increase when compared to the findings of the last comprehensive gas leaks survey in 2014.

Though the largest methane leaks must be patched, DOEE’s leak data should also be used to identify the buildings, blocks and neighborhoods to be prioritized for decommissioning of gas pipes and transitioning to 100% clean, non-combustion energy.

Over the last year, Sierra Club members and partners in the faith community have worked to conduct our own smaller-scale leaks survey of selected neighborhoods. We will be releasing the results soon. Overall, we found large methane concentrations that would suggest cause for concern, in all eight wards, near churches, schools and homes. The Sierra Club urges the Council to mandate and fund accelerated transition from fossil fuels to clean energy for DC’s buildings.

Clean Energy Housing

The Sierra Club has previously testified before the Housing Committee asking that all new construction and major renovations for public housing be all electric. We continue to strongly recommend that public housing buildings be all electric and highly energy efficient. Piping fossil fuels into these buildings adds to the climate crisis and to indoor air pollution. Ensuring that public housing is powered by renewable energy is a necessary step to meet the District’s climate commitments. The Sierra Club asks that DOEE work closely with the DC Housing Authority to accomplish full electrification in new and renovated public housing.

Because many low-income residents already have serious health problems like asthma and heart disease, it is especially important that public housing and low and moderate income housing be transitioned away from fossil fuels and toward clean electric power as soon as possible. We urge the DC government to ensure that all taxpayer-funded residential developments are all electric and that DC fund the transition of LMI residences from fossil fuels to clean electricity.

Energy Efficient Appliances

Councilmember Cheh, thank you for your leadership on the Energy Efficiency Standards Amendment Act of 2020, which the Sierra Club vigorously supported. Strong appliance standards reduce energy and water use, save money for consumers, and reduce greenhouse gas emissions. The appliance standards law goes into effect on October 1, 2022. Thank you for obtaining funding in the FY22 budget for a new full time employee at DOEE to manage the appliance standards program. The new staff person for the program will need to lead the development of standards for computers and monitors, implement a plan to educate vendors on the new standards, and follow up with enforcement activities.

Building Energy Performance Standards

Buildings account for 71% of all greenhouse gasses in the District.^[11] To reduce emissions from buildings, DC’s Building Energy and Performance Standards (BEPS) program requires that owners of large buildings improve their energy efficiency. In implementing BEPS, we request that DOEE incentivize building owners to install renewable energy systems and eliminate the use of fossil fuel systems.

The Sierra Club is concerned that the implementation of BEPS in DC government buildings is significantly lagging. Although the deadlines for compliance were subsequently delayed, the Clean Energy DC Omnibus Act originally required all District-owned buildings with at least 10,000 square feet of gross floor area to comply with BEPS by January 1, 2021. The Department of General Services still has not completed and released its Strategic Energy Management Plan (SEMP), which is expected to provide the roadmap for improving energy efficiency in DC government buildings and complying with BEPS. The Sierra Club will raise these issues in more detail in the Department of General Services (DGS) oversight hearing.

Supermarket Refrigerant Management Program

BEPS has established DC as a leader in the effort to reduce greenhouse gas emissions. A significant amount of greenhouse gases are emitted because of inefficient or poorly maintained equipment in buildings. Another substantial source of greenhouse gas emissions stems from poorly maintained refrigeration equipment in DC’s supermarkets.^[12] When the equipment is poorly maintained or improperly disposed of, these refrigerants leak into the atmosphere and contribute to climate change.

Commonly used refrigerants have global warming potentials that are 1,400 to 3,900 times that of carbon dioxide.^[13] Because of their high global warming potential, one study found that refrigerant management was the most impactful solution to combating climate change.^[14] Approximately 60% of refrigerant emissions are the result of leaks from refrigeration and air conditioning equipment, and supermarkets contribute more refrigerant emissions than any other source.^[15] The EPA has found that supermarkets typically leak about 25% of their refrigerants every year, which is equivalent to approximately 1,000 pounds of refrigerant emitted into the atmosphere every year per store.^[16]

The Sierra Club met with DOEE staff last year to encourage the agency to work with DC supermarkets to reduce refrigerant emissions. DOEE could adopt a voluntary supermarket refrigerant management program similar to the EPA’s GreenChill program, which established voluntary levels that supermarkets can meet by reducing the amount of refrigerant they emit each year.^[17] For a potentially more effective approach, DOEE has existing authorities that it could use to require supermarkets to reduce leakage of refrigerants.^[18] This committee could include instructions or funding in the FY23 budget to encourage DOEE to move forward on this significant and overlooked means of reducing greenhouse gas emissions.

Low Climate Impact Refrigerants

Hydrofluorocarbon (HFC) refrigerants are commonly used in air conditioning and refrigeration. HFC refrigerants are also potent greenhouse gases that are often thousands of times more polluting than carbon dioxide. Because of this, the American Innovation and Manufacturing Act of 2020 mandates a national phasedown of HFC refrigerants by reducing the amount of HFC refrigerant available for purchase. This phasedown will occur over the next 14 years.

Unfortunately, many EPA-approved non-HFC refrigerants, which are much less potent greenhouse gases, are not allowed under DC’s building codes. These non-HFC refrigerants are classified by the American Society of Heating, Refrigerating and Air-Conditioning Engineers as having a classification of A2L and are not permitted to be used in buildings.

On March 29, 2021, the Sierra Club, along with the Natural Resources Defense Council and the Air-Conditioning, Heating, and Refrigeration Institute, submitted a proposal requesting that DC’s building codes be updated to allow for the use of A2L refrigerants in buildings. The Sierra Club urges DOEE to push the Department of Consumer and Regulatory Affairs for this change in the next building code update so that DC’s buildings are able to comply with the federal phasedown regulations restricting the use of HFC refrigerants.

Transportation Electrification Roadmap

DC’s Transportation Electrification Roadmap currently being finalized will serve a vital purpose in guiding the District to meet the requirements in the Clean Energy DC Omnibus Act. Addressing transportation emissions from passenger, commercial, and public vehicles will require intensive coordination between DC government agencies, as well as with external groups. It is our hope that this roadmap will help facilitate that coordination.

The Sierra Club is concerned about the delay in completing the roadmap, which was originally due to the DC Council by July 2021. The timeline has since been moved back. The stakeholder outreach meetings concluded in August 2021 and the final roadmap is now scheduled to be completed in April 2022, according to an announcement at the most recent DOEE quarterly meeting. We ask DOEE to ensure there are no further delays.

The Sierra Club signed a letter to DOEE and the District Department of Transportation (DDOT) sent on October 1 by the DC Clean Transportation Initiative asking that DC give serious consideration to the recommendations in the letter as the roadmap is finalized and implementation begins in the coming year.^[19]

Medium and Heavy Duty Zero Emission Vehicles

Medium and heavy-duty vehicles (MHDVs) are a major source of the unhealthy air pollution that puts our health at risk, with the health burden disproportionately impacting people of color and lower income families. Though MHDVs account for roughly 4% of vehicles on our roads, they are the largest contributor to nitrogen oxide pollution and particulate pollution, and the second leading contributor of GHG emissions in the country.^[20]

The Sierra Club was encouraged when the District signed a memorandum of understanding in July 2020 with 15 states to phase out fossil-fuel MHDVs by 2050, with a target of 30% of new sales to be zero emission by 2030. Following the signing announcement, DOEE conducted stakeholder outreach to inform the development of a multi-state action plan. The Sierra Club participated in the meeting and submitted comments on the action plan. We recommended that:

1. The District should prioritize low and moderate income and minority communities in deployment of electric MHDVs;
2. DC should identify key indicators to track and report on progress annually (e.g., install and/or use existing air monitoring stations to track changes in key pollutants); and
3. DOEE should work to create binding legal obligations based on quantifiable goals laid out in the plan.

The last stakeholder outreach meeting took place in October 2020. To date, no draft action plan has been shared, nor have we heard from DOEE on when a draft action plan might be available. The Sierra Club asks that an update be provided and the draft action plan be released as soon as possible.

WMATA Metrobus Electrification

Metrobus operates the sixth largest bus fleet in the nation with 1,540 buses, which are a significant source of GHG emissions and air pollution. Though the District does not have sole jurisdiction over the Washington Metropolitan Area Transit Authority (WMATA), the Sierra Club believes DOEE has an important role to play in ensuring that WMATA speeds up its transition to zero emission buses (ZEB), which would benefit air quality and public health while reducing GHG emissions.

At present, Metrobus lags other jurisdictions that are at the forefront of converting their fleets. For example, whereas the DC Circulator has concluded its electric bus pilot program and is purchasing only electric buses, WMATA has yet to start its pilot program, only announcing in December a request for proposals to purchase ten electric buses.

The WMATA Board did make a commitment this past year for its fleet to be 100% zero emission buses by 2045; however, under the current plan, only an estimated 20% of buses would be zero emissions by 2030. In contrast, the Clean Energy DC Omnibus Act requires 50% zero emission vehicles by 2030. WMATA must revise its timeline to align with the District’s, which will reduce operational costs and provide quieter streets and cleaner air.

Community Solar/Solar for All

Since its inception in 2016, the Solar For All Program has been a core component of furthering the District’s goals to both combat the climate crisis and promote environmental justice. It advances reaching our renewable energy targets and providing critical relief for the disproportionate energy cost burden borne by low-income households.

Solar energy in DC has been plagued by problems that are, at best, a negligent failure by Pepco to comply with its legal responsibilities, and at worst, Pepco’s self-interested obstructionism driven by conflict of interest. These problems have been repeatedly raised by many in the solar community. Two concerns warrant serious attention: ongoing interconnection delays and failure to distribute accrued bill credits to Solar For All’s low-income beneficiaries.

Unjustified interconnection delays lead directly to higher utility costs and lost revenue as well as uncertainty for solar developers and their capital sources, depriving the District’s solar providers of the resources they need. A 2020 report produced for the Office of the People’s Council cited the slow Pepco interconnection process as one of the key barriers to achieving requirements for electricity from renewable sources under DC’s Renewable Portfolio Standard. Failure to distribute accrued credits undermines the Solar For All’s core tenet of affordability, wastes resources, and jeopardizes the standing in the community of both the program and solar energy in general.

We recognize that DOEE does not have authority over Pepco. We will raise these issues in the oversight hearing for the DC Public Utility Commission as well. However, DOEE should seek to protect the effectiveness and integrity of the Solar For All Program by petitioning the Public Service Commission for remedy and exploring all potential remedies to address these issues.

Waste Heat

We understand that there are discussions within DOEE of promoting the creation of a new utility company that would use waste heat from sewers and other sources to provide heating and cooling services. In niche situations that are cost-effective, the Sierra Club supports the use of heat from sewers and other sources that would otherwise be wasted. However, we strongly oppose the creation of a new heating and cooling utility company for this purpose. The District already has two infrastructure-intensive utilities that provide heating and cooling, and ratepayers are already being asked to invest billions of dollars in existing infrastructure of the electric grid and wasteful spending on our fossil fuel infrastructure to deliver dirty methane gas to homes. A utility using waste heat would only be cost-effective if buildings across the city were required to use it, locking them into a higher-carbon, more expensive solution than existing electricity-based technologies.

The best path forward for decarbonization and energy justice is to 1) reduce energy consumption through energy efficiency measures, 2) use the District’s increasingly clean electricity supply to electrify residential and commercial buildings using highly efficient heat pumps, and 3) wind down the use of gas for heating. Where there are cost-effective applications for waste heat, pipes or rights-of-way no longer needed for gas distribution could potentially be repurposed for district heating systems. Companies that develop district heating projects are already active in the DC, and several universities are using their services without the need for a new utility company. We will express our opposition to this idea of a waste heat utility in our oversight testimony for the Public Service Commission as well

ZERO WASTE

Zero Waste Funding

The Sierra Club applauds you, Councilmember Cheh, and the full DC Council for ensuring Fiscal Year 2022 funding of the Zero Waste Omnibus Act of 2020. The law will help the District make progress toward the goal of 80% waste diversion from landfills and incineration by 2032. Continuing and expanded funding is required in future budgets.

We also appreciate DOEE’s work to implement the Zero Waste Act, and we thank Director Wells and the DOEE staff for seeking our input and being receptive to our concerns, especially on the reusable food service ware and “upon request” provisions of this law. The Sierra Club is pleased to support DOEE’s outreach efforts to make food service entities and their customers aware of the “upon request” provisions, which save money and reduce trash. We await the launch of this year’s modest reusable food service ware grants program to support DOEE outreach on this program.

We ask for a requirement of reusable food ware for onsite and takeout dining once restaurants and other venues recover from the pandemic. Like the “upon request” provisions, reusable food service ware prevents waste from being generated, thereby saving the District and food service entities trash hauling, recycling and disposal expenses, while saving businesses the cost of purchasing disposable alternatives. It’s a win-win solution.

Donation & Reuse Program

We are also pleased to see that DOEE is taking steps to implement its donation and reuse program. DOEE has issued an RFP for the program, and we look forward to learning more about DOEE’s vision for this program and providing our input. We urge DC to revive bulk waste “Roll-Off” drop-off sites in each ward, as was the case prior to the pandemic, so that residents can easily donate items such as computers that can be refurbished.

Battery Recycling

Likewise, we were pleased to see that DOEE has begun implementation of the battery stewardship program, but we are disappointed that the deadline for creating a battery stewardship plan has been delayed by a year, through emergency legislation, to January 2023. While understanding the challenges brought to business and government operations by the pandemic, the status quo – with no District-wide battery recycling – leaves the District’s current battery recycling program as little more than “wish cycling.” DC needs battery return locations in all eight wards so that people without cars have access. Deadlines should not be allowed to further slip, and vigorous business and consumer education and outreach will be required once the battery stewardship plan is launched.

Future Zero Waste Initiatives

Looking forward, we welcome the opportunity to work toward a sharps collection program, a mattress/box spring recovery program, a plastic bag ban, mandatory beverage container recovery rates, refillable beverage containers, and refillable water bottle stations in schools, universities, offices, and other institutions.

WATER

Lead Pipe Replacement

The continued Capital Improvement Projects budget commitment to replace public and private sections of lead service lines is important. Programs should ensure that the District residents most at risk are prioritized. This information on who is at risk and how the program has been responsive will ensure a robust evaluation of the program’s effectiveness. There are multiple agencies involved in lead service line replacement, in homes and schools, and Sierra Club has not been able to determine if sufficient coordination is occurring. One indication that coordination is lacking is that different parts of the DC government have different estimates of the number of lead service lines that remain to be replaced. We recommend a multi-committee oversight hearing be scheduled to provide needed transparency and oversight of this essential program. This is especially important now, with an estimated $30 million from the American Rescue Plan targeted to lead service line replacement in DC.

Anacostia River

The Sierra Club recognizes continued progress in making the Anacostia River fishable and swimmable. Protecting wetlands, managing stormwater, and addressing legacy contamination are all important factors in ensuring the Anacostia River's water quality. We hope that the Anacostia River Corridor Restoration plan now in development by a DOEE contractor will result in better coordination and the prioritization of various program goals. The Sierra Club recommends that the Committee on Transportation and the Environment conduct an oversight hearing on the plan to examine any tweaks that may be necessary once the plan is finalized later this year by DOEE.

SUSTAINABILITY OF DISTRICT-LED DEVELOPMENTS

Councilmember Cheh, we are deeply concerned that the District government is failing to incorporate principles of sustainability in the major, city-led developments of public property that are underway, in the planning phase, or anticipated. These include Walter Reed, St. Elizabeths East, Poplar Point, Reservation 13, and the RFK stadium site. In fact, it appears that the District is failing to incorporate its own principles of sustainability, laid out in a series of plans and commitments, including Clean Energy DC, Sustainable DC, and the District's climate, Zero Waste, and Vision Zero commitments. At St. Elizabeths, DC is building a microgrid for electricity, which is good for resiliency, but it is being done with fracked gas and diesel fuel, both of which pollute the air and the climate. We understand that the St. Elizabeths microgrid will have no renewable energy, contravening the District's own climate and sustainability commitments.

With the global climate crisis and the global biodiversity crisis now fully upon us, the past can no longer be the guide for the future. Because of climate change, our city will increasingly be subjected to extreme conditions, including scorching heat waves, extreme rainfall, Arctic cold from polar vortex incidents, more Snowmageddons, and sea level rise in the Anacostia and Potomac Rivers. In February 2010, DC was buried under 38 inches of snow.^[21] In 2021, a teenager who was trying to save his mother drowned in his own basement apartment in Rockville due to extreme rainfall from Hurricane Ida.^[22] For the safety, affordability, comfort, and even the survival of the families and businesses that will occupy these new developments, it is essential that they achieve high levels of sustainability.

New and renovated buildings should be net-zero energy: highly energy efficient and using on-site energy including passive solar energy, solar panels, and ground-source geothermal heat pumps. Net-zero buildings provide their inhabitants with affordable energy bills and greater comfort and resilience to extreme weather. All buildings should include electric vehicle charging infrastructure or be EV-ready. Microgrids that do not use fossil fuels should be incorporated wherever feasible. All buildings and grounds should be designed to absorb and reuse rainwater to protect lives and property from extreme rainfall and reduce runoff into storm sewers and rivers.

Our communities should be designed with “complete streets” principles to be safe and accessible to all modes of transportation, including walking and biking; public transit; and shared modes of transportation including bikes, scooters, and motor vehicles, thereby reducing the need for private vehicles and parking.^[23] District communities should include parks and community gardens for the enjoyment and sustenance of their human and animal residents and to reduce the urban heat island effect. Important natural areas such as wetlands should be protected and expanded, because they support wildlife, absorb flood water, and filter contaminants out of water.

This is not rocket science; it’s a matter of applying existing knowledge and experience. It appears that the District employees in charge of these developments are not availing themselves of the vision and expertise of DOEE staff, other experts in our city and region, or community members. Councilmember Cheh, the Sierra Club requests that you hold an oversight hearing, in partnership with other relevant committees, to inform the Council and the public of the current plans for these DC-led developments and strongly encourage the District to apply essential concepts of sustainability to them.

Conclusion

Thank you again, Councilmember Cheh, for the opportunity to testify today. DOEE is making progress toward DC’s climate, waste reduction, and clean water goals, but much more work remains to be done. We reiterate our requests that you ask DOEE officials at today’s hearing about progress on the Carbon Free DC plan, DOEE’s building electrification study, the status of DC’s Transportation Electrification Roadmap, when we can expect an action plan on medium and heavy-duty vehicles (MHDVs) emissions reductions, and DOEE’s progress on a supermarket refrigerant management program. And Councilmember Cheh, we request oversight hearings on the Anacostia River restoration plan, the lead service line replacement program, and incorporating sustainability into DC-led developments. Thank you, Couniclmember Cheh, and DOEE, for your environmental leadership.