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________________________________ ________________________________
Councilmember Charles Allen Councilmember Janeese Lewis George
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Councilmember Brooke Pinto Councilmember Brianne K. Nadeau
________________________________ ________________________________
Councilmember Matthew Frumin Councilmember Robert C. White, Jr.
________________________________ ________________________________
Councilmember Christina Henderson Councilmember Zachary Parker
A BILL 1
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 4
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To amend the Lead Service Line Priority Replacement Assistance Act of 2004 to establish a 7
program operated by DC Water and the Department of Energy and Environment to 8
require the removal of lead service lines from public property and from all District 9
government buildings and privately owned properties by January 1, 2030, to require DC 10
Water to create and maintain an inventory of water service lines identifying those that are 11
or could be lead service lines, to provide a tax credit to property owners who voluntarily 12
replace lead service lines from private property through 2025, to establish a schedule of 13
copayments for lead service line removal program participation and penalties for 14
noncompliance, to require reporting on program implementation plans and progress; to 15
amend the Youth Employment Act of 1979 to establish a lead service line job training 16
program at the DC Infrastructure Academy by October 1, 2024 to train 50 District 17
residents each training cycle, to require union participation in job training program 18
development, and to create plans for youth workforce training programs and the DC 19
Infrastructure Academy that advance the District’s lead remediation goals; to amend the 20
Minimum Wage Act Revision Act of 1992 to require employers to pay workers District 21
minimum wage rates when an employee preforms at least two hours of work in the 22
District in one workweek; and to amend the Accrued Sick and Safe Leave Act of 2008 to 23
require paid sick leave for students enrolled in a District-administered paid job training 24
program. 25 2
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 26
act may be cited as the “Green New Deal for a Lead-Free DC Amendment Act of 2023”. 27
TITLE I. LEAD SERVICE LINE REPLACEMENT MANDATE 28
Sec. 101. This title may be cited as the “Lead Service Line Replacement Mandate 29
Amendment Act of 2023”. 30
Sec. 102. The Lead Service Line Priority Replacement Assistance Act of 2004, effective 31
December 7, 2004 (Subtitle VI-B of D.C. Law 15-205; D.C. Official Code § 34-2151 et seq.), is 32
amended as follows: 33
(a) Section 6012 is repealed. 34
(b) Section 6013 is repealed. 35
(c) Section 6014 is repealed. 36
(d) Section 6015 is repealed. 37
(e) New sections 6015a through 6015g are added to read as follows: 38
“Sec. 6015a. Definitions. 39
“For the purposes of this subtitle the term: 40
“(1) “DGS” means the Department of General Services or any successor to its 41
property management functions. 42
“(2) “DOEE” means the Department of Energy and Environment. 43
“(3) “DC Water” means the District of Columbia Water and Sewer Authority. 44
“(4) “Fund” means the Lead Service Line Replacement Fund established pursuant 45
to section 6019b(i). 46
“(5) “Inventory” means the inventory of water service lines established and 47
maintained by DC Water pursuant to section 6015c. 48 3
“(6) “Lead service line” means a water service line where all or any portion 49
contains or may contain any lead, and shall include a water service line that is brass, galvanized, 50
or any other material that could leach lead into drinking water, as determined by DC Water. 51
“(7) “Lead-free service line” means a water service line where no portion is a lead 52
service line, to the knowledge of DC Water with a high degree of confidence. 53
“(8) “Program” means the lead service line removal and replacement program 54
established by DC Water pursuant to section 6015d. 55
“(9) “Property owner” means a person or entity, other than the District or U.S. 56
government, that owns real property or holds a long-term leasehold interest in real property that 57
is located in the District and that is serviced by the DC Water drinking water system or otherwise 58
contains a water service line that is part of the DC Water drinking water system. 59
“(10) “Water service line” means a water service line (regardless of its material 60
composition), including a gooseneck or a pigtail, extending from its connection with a water 61
main to its intersection with either a property boundary or a point at which the water service line 62
is 18 inches from a building or structural projection, whichever results in a longer water service 63
line. 64
“Sec. 6015b. Elimination of lead service lines by 2030. 65
“Lead service lines shall be eliminated from public space and from all real property 66
owned by the District or a property owner by January 1, 2030. 67
“Sec. 6015c. Inventory of water service lines. 68
“(a) DC Water shall establish and maintain an inventory of all water service lines that are 69
connected to its water service system. For each water service line, the inventory shall identify: 70
“(1) The service address of each customer served by the water service line; 71 4
“(2) Information describing the actual location of the water service line, if known; 72
“(3) The material composition of the water service line, if known, and a rating of 73
DC Water’s confidence in the accuracy of this information; 74
“(4) The method by which the material composition of the water service line has 75
been determined and the date of such determination; 76
“(5) Whether all or any portion of the water service line is a lead service line; 77
“(6) If applicable, the date when a former lead service line was fully replaced, 78
such that no portion of the water service line was a lead service line; and 79
“(7) Any other information that DC Water or the District determine is appropriate. 80
“(b) Whenever a new connection to the water service system is established, DC Water 81
shall require the property owner to provide such information as DC Water may determine is 82
necessary to add the new water service line to the inventory. 83
“(c) DC Water shall attain a high degree of confidence in the accuracy of the inventory’s 84
record of the material composition of 90 percent of water service lines by January 1, 2027, and 85
99 percent of water service lines by January 1, 2030. 86
“(d) DC Water shall publish on its website a copy of the inventory data and a map 87
depicting the information required to be included in the inventory. 88
“Sec. 6015d. Lead service line removal program. 89
“(a)(1) By January 1, 2024, DC Water shall establish a lead service line removal program 90
for the purpose of replacing lead service lines on private property by 2030 (the “Program”). 91
“(2) The Program shall underwrite the costs of: 92
“(A) Replacing lead service lines on private property after property 93
owners register and remit a copayment for participation in the Program; and 94 5
“(B) Providing tap filters to residential customers for use until lead service 95
lines are replaced. 96
“(3) The cost of Program copayments may not be passed on to any residential 97
tenants renting the property. 98
“(b) DC Water shall publish a schedule of copayments, not to exceed an amount of $250 99
per dwelling unit on any private property, property owners must pay to participate in the 100
Program. DC Water shall consider the following factors when developing the schedule of 101
copayments: 102
“(1) Whether the structure or structures served by the lead service line are: 103
“(A) Commercial or residential; and 104
“(B) If residential, whether single-family or multi-family. 105
“(2) The assessed value of the structure served by the lead service line; 106
“(3) Whether the property owner is an individual or an entity; 107
“(4) The estimated cost of replacing the lead service line at the property; and 108
“(5) The property owner’s ability to pay. 109
“(c)(1) Unless it is determined with a high degree of confidence that a Program 110
participant’s water service line is a lead-free service line, DC Water shall replace the lead service 111
line of a property owner no more than 2 years after the property owner registers for the Program 112
and remits the copayment. 113
“(2) Replacement shall include: 114
“(A) Removal of a lead service line from public space and private property 115
and installation of a lead-free service line; 116 6
“(B) Replacement and leveling of dirt and soil displaced during 117
excavation; and 118
“(C) Replacement or restoration of interior and exterior walls and floors 119
damaged or demolished during removal and replacement to a safe and habitable condition. 120
“(3) DC Water shall contract for lead service line replacement services with at 121
least two companies whose workers are unionized and shall make those companies known to 122
Program participants. 123
“(4) DC Water shall provide a choice to Program participants to use union labor 124
for the purpose of lead service line removal on their property. 125
“(d) In scheduling replacements to be carried out through the Program, DC Water shall 126
prioritize all of the following considerations in an order it determines is appropriate: 127
“(1) Replacement of lead service lines that service structures wherein pregnant 128
people or children under the age of 7 are likely to drink or use water; 129
“(2) The efficient use of time and money by replacing all lead service lines within 130
a single block at one time and in concert with other underground utility work; and 131
“(3) Equity in light of racial, social, and economic disparities. 132
“Sec. 6015e. Implementation of mandate to remove lead service lines. 133
“(a) By January 1, 2024, DC Water shall send a written notice to every customer 134
receiving water service in the District. The notice shall: 135
“(1) Explain in plain language the risks to human health of lead exposure through 136
drinking water and the availability of lead-free pipes; 137 7
“(2) State whether each water service line serving the customer is a lead-free 138
service line or a lead service line, and disclose the degree of confidence that DC Water has in 139
each such determination; 140
“(3) Communicate the requirement that all lead service lines must be replaced by 141
January 1, 2030; 142
“(4) Provide information about registration for the lead service line removal 143
program; and 144
“(5) Provide an approximate timeframe and methods for collecting information 145
needed to establish the materials of each water service line with a high degree of confidence, 146
including the procedure for property owners to demonstrate the existence of a lead-free service 147
line. 148
“(b) By January 1, 2025, DC Water shall physically post notice of the requirement to 149
remove lead service lines or register for the lead service line removal Program at each District 150
property that is not serviced by lead-free service line. 151
“(c)(1) By June 30, 2025, the property owner of a structure that is serviced by a lead 152
service line shall: 153
“(A) Submit proof, acceptable to DC Water, of the installation of a lead-154
free service line or of the existing water service line having a material composition that qualifies 155
it as a lead-free service line; or 156
“(B) Register for the lead service line removal Program and, if applicable, 157
remit the copay prescribed in section 6015d. 158 8
“(2) Notwithstanding paragraph (1) of this subsection, DC Water may extend the 159
deadline if the property owner has taken reasonable steps to secure services for materials testing 160
and replacement and capacity limitations prevent compliance with the deadline. 161
“(d) After June 30, 2025, DC Water shall remit a list of properties and property owners 162
not in compliance with subsection (b) of this section to DOEE and the Department of Buildings. 163
“(e)(1)(A) After June 30, 2025, a property owner who fails to comply with subsection (b) 164
of this section, shall be fined up to $150 per month for every month of non-compliance, 165
according to a schedule of fines published by the Mayor that takes into account property type and 166
use, for every month the property owner fails to comply. 167
“(B) A property owner assessed fines pursuant to subparagraph (A) of this 168
paragraph who submits proof that the lead service line was removed after June 30, 2025, may 169
elect to have the one-half of the value of the fines assessed reduced by the cost of replacement of 170
the lead service line. 171
“(2) After December 31, 2025, a property owner who fails to comply with 172
subsection (b) of this section may not: 173
“(A) Receive or renew a business license to operate a business on the 174
property; 175
“(B) Receive a certificate of occupancy for any structure on the property; 176
or 177
“(C) Receive a permit to perform construction or improvements on the 178
property unless the property owner has a permit to replace the lead service line; 179
“(3)(A) After December 31, 2025, a tenant who resides in a property owned or 180
controlled by a property owner who has failed to comply with subsection (b) of this section may 181 9
bring a private cause of action for abatement of the lead service line against the property owner 182
in D.C. Superior Court. If a court finds that the property owner has violated the requirements of 183
subsection (b), the property owner shall pay the tenants’ attorney fees and a fine of up to 184
$25,000, 50% of which shall be deposited into the Fund, and the remaining 50% divided among 185
tenants of the property. 186
“(B)(1) By December 31, 2025, the Department of Buildings shall post a 187
notice informing tenants of their rights under subparagraph (A) of this paragraph on each 188
building serviced by a lead service line and owned or controlled by a private property owner who 189
has failed to comply with subsection (b) of this section. 190
“(2) Photographic evidence of the posting shall accompany all 191
notices and shall be published on any public database of building citations maintained by the 192
Department of Buildings. 193
“(C) The Office of the Tenant Advocate shall provide guidance to any 194
tenant who seeks to initiate a cause of action for lead service line abatement and removal 195
pursuant to this paragraph. 196
“(4)(A) After June 30, 2026, the Attorney General may initiate a civil action 197
against a property owner to abate any lead service lines on the property. 198
“(B) The property owner shall pay the cost to relocate any residential 199
tenants displaced during the lead service line abatement. 200
“(C) Before initiating an abatement action against a property owner who 201
resides in a property serviced by a lead service line, the Attorney General shall attempt out-of-202
court resolution to remove the lead service line, including by referring the property owner to DC 203
Water for assistance in registering for the lead water line removal program. 204 10
“(D) If a court finds against the property owner, the court shall order the 205
property owner to pay the Attorney General’s attorneys’ fees and a fine of up to $15,000, which 206
shall be deposited into the Fund. 207
“(f) A landlord shall pay any cost to relocate residential tenants temporarily displaced in 208
order to comply with lead service line removal requirements of this section. 209
“Sec. 6015f. Tax credit for lead service line replacement. 210
“(a) A property owner shall be entitled to claim a credit, in an amount not to exceed 211
$5,000, against the amount of income tax due pursuant to Chapter 18 of Title 47 of the D.C. 212
Official Code for the property owner’s actual costs of replacing a lead service line, installing a 213
lead-free service line, and restoring or improving the ground between the first day of the tax year 214
in which the Lead Service Line Replacement Mandate Act of 2023, effective ____, 2023 (Title I 215
of Bill 25-____), became effective and applicable, and December 31, 2025. 216
“(b) The Chief Financial Officer shall issue regulations as may be necessary to establish 217
procedures or requirements for claiming the tax credit authorized in this section. 218
“Sec. 6015g. District removal of lead service lines. 219
“DGS, DOEE, and DC Water shall coordinate and accomplish the removal of lead 220
service lines from all public property spaces and District-owned and leased property, including 221
property leased from or by the District, by January 1, 2028.”. 222
(f) Section 6019a is amended as follows: 223
(1) Subsection (d) is repealed; and 224
(2) A new subsection (e) is added to read as follows: 225
“(e) This section shall expire on June 30, 2025.”. 226
(g) Section 6019b is amended as follows: 227 11
(1) Subsection (a) is amended by striking the phrase “(“Program”)” and inserting 228
the phrase “(“Assistance Program”)” in its place; 229
(2) Subsection (b)(1)(C) is amended by striking the number “2,500” and inserting 230
the number “5,000” in its place; 231
(3) A new subsection (h-1) is added to read as follows: 232
“(h-1) Subsections (a) through (h) shall expire on June 30, 2025.”; 233
(4) Subsection (i) is amended as follows: 234
(A) Paragraph (2) is amended to read as follows: 235
“(2) Revenue from the following sources shall be deposited in the Fund: 236
“(A) Copayments from registrations for the lead service line removal 237
Program pursuant to this subtitle. 238
“(B) Fines assessed against property owners who failed to timely register 239
for the lead service line removal Program; 240
“(C) Fines paid to the fund from abatement actions brought pursuant to 241
this subtitle; 242
“(D) Federal funds awarded to the District or DC Water for the purpose of 243
lead service line remediation and replacement; 244
“(E) Proceeds, net of issuance costs, of any revenue bonds or other special 245
obligation indebtedness that may be issued in the future to finance lead service line replacement, 246
including indebtedness payable from special assessments that may be authorized in the future on 247
properties that will be benefited by replacement of lead service lines, and any revenue from such 248
special assessments that is not required to be deposited into a fund to pay debt service; and 249
“(F) Such other amounts as may be appropriated to the Fund.”. 250 12
(B) Paragraph (3) is amended to read as follows: 251
“(3) Money in the Fund shall be used to pay the costs of the Assistance Program 252
and administering the lead service line removal Program.”. 253
(5) Subsection (j) is amended by striking the phrase “end of each fiscal year,” and 254
inserting the phrase “end of each fiscal year, though the end of Fiscal Year 2026,” in its place. 255
(h) Section 6019d is amended as follows: 256
(1) The existing language is redesignated as subsection (a). 257
(2) New subsections (b) and (c) are added to read as follows: 258
“(b) By June 30, 2025, DOEE and DC Water shall submit to the Mayor a joint report that 259
includes the following information: 260
“(1) A plan for the implementation of the lead service line removal Program 261
pursuant to section 6015d. 262
“(2) The total number of remaining lead service lines in the District by January 1, 263
2024 and the total number of private property owners who received notices of the existence of 264
lead service lines on their property pursuant to section 6015d(a) broken down by: 265
“(A) Ward; 266
“(B) Advisory Neighborhood Commission; 267
“(C) Commercial versus residential property; and 268
“(D) The number of properties who have previously refused lead service 269
line removal services; 270
“(3) The total private property owners who provided proof of lead remediation 271
compliance or registered for the Program in compliance with section 6015d(b), as of the printing 272
of the report, broken down by: 273 13
“(A) Ward; 274
“(B) Advisory Neighborhood Commission; 275
“(C) Commercial versus residential property; and 276
“(D) The number of properties who have previously refused lead service 277
line removal services; 278
“(4) The total number of private property owners not yet registered for the 279
Program, as of the printing of the report, broken down by: 280
“(A) Ward; 281
“(B) Advisory Neighborhood Commission; 282
“(C) Commercial versus residential property; and 283
“(D) The reason or reasons, if known, for non-compliance to date, 284
including any history of engagement with property owners not yet in compliance. 285
“(5) The estimated number of professionals in the lead service line remediation 286
workforce, including the number of contractors engaged by the District, the size of each 287
contractor’s workforce, and whether each workforce is unionized. 288
“(6) A projected budget and spending plan through fiscal year 2030 for the full 289
remediation of all lead service lines. 290
“(c) By December 31, 2026, and annually thereafter, DOEE and DC Water shall submit 291
to the Mayor a joint report including the following information: 292
“(1) The implementation status of the Program including the number of lines 293
removed and replaced with lead-free pipes, in progress for remediation, and remaining to be 294
removed; 295 14
“(2) Geographic and demographic summaries of property owners in or out of 296
compliance with program requirements; 297
“(3) The budget status and funding needs of the Program; and 298
“(4) A summary of barriers to implementation and recommendations for solving 299
or removing these barriers.”. 300
TITLE II. LEAD-FREE DC GREEN JOB CREATION 301
Sec. 201. This title may be cited as the “Lead-Free DC Green Job Creation Amendment 302
Act of 2023”. 303
Sec. 202. The Youth Employment Act of 1979, effective January 5, 1980 (D.C. Law 304
3-46, D.C. Official Code § 32-241 et seq.), is amended as follows: 305
(a) Section 2c(c) (D.C. Official Code § 32-244(c)) is amended to add a new paragraph (9) 306
to read as follows: 307
“(9) A strategy to link youth workforce development programming with 308
objectives of the Lead Service Line Priority Replacement Assistance Act of 2004, effective 309
December 7, 2004 (D.C. Law 15-205; D.C. Official Code § 34-2151 et seq.).”. 310
(b) Section 2e (D.C. Official Code § 32-246) is amended as follows: 311
(1) Subsection (a)(2) is amended as follows: 312
(A) Subparagraph (C)(ii) is amended by striking the phrase “; and” and 313
inserting a semicolon in its place. 314
(B) Subparagraph (D) is amended by striking the period and adding the 315
phrase “; and” in its place. 316
(C) A new subparagraph (E) is added to read as follows: 317 15
“(E) When a customized skill training program is created specifically for a 318
particular employer and a union exists that represents or organizes workers employed by that 319
particular employer, or organizes workers in that specific career industry, seeking input from the 320
local union or unions consistent with the requirements outlined in subparagraphs (B) and (C) of 321
this paragraph, provided that no more than two unions need to be consulted when multiple 322
unions represent workers in a similar sector;”. 323
(2) Subsection (c) is amended by adding a new paragraph (3) to read as follows: 324
“(3) At least 10% of the participants receiving skills training through the DCIA 325
each year shall graduate into jobs that provide the opportunity to be represented by a union.”. 326
(3) A new subsection (e) is added to read as follows: 327
“(e)(1) By October 1, 2024, a lead service line remediation and removal job training 328
curriculum and program partnership shall be established at DCIA in consultation with the DC 329
Water and Sewer Authority, the District Department of Energy and the Environment, and at least 330
2 local union shops that represent workers in plumbing or construction sectors. 331
“(2) The program shall also train workers with generalized plumbing and water 332
line repair and maintenance skills. 333
“(3)(A) The program shall have the capacity to train and shall, to the extent 334
practicable, train a minimum of 50 District residents in each training cycle; 335
“(B) The training capacity shall expand by not less than 10% every 2 years 336
until October 1, 2030. 337
“(4) The Mayor shall attempt to apply for and exhaust sources of federal and other 338
non-local funds before applying local funds to pay for job training programs prescribed pursuant 339
to paragraphs (1) and (2) of this subsection.”. 340 16
(c) Section 2f (D.C. Official Code § 32-247) is amended as follows: 341
(1) Subsection (a) is amended by adding a new paragraph (3A) to read as follows: 342
“(3A) Each committee shall consist of representatives of at least 2 union 343
organizations or shop stewards from the relevant industry sector, when union sector 344
representation exists, whom the Director shall appoint.”. 345
(2) Subsection (b)(1) is amended to read as follows: 346
“(1) Recommendations of 2 to 4 specific occupational skills trainings DCIA 347
should offer, including at least one recommendation related to occupations that improve 348
environmental health in District housing or public spaces.”. 349
Sec. 203. Section 4 of the Minimum Wage Act Revision Act of 1992, effective March 350
25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1003) is amended as follows: 351
(a) Subsection (b) is amended by striking the phrase “Columbia when:” and inserting the 352
phrase, “Columbia, and shall be paid not less than the District’s minimum wage for all hours 353
worked for their employer, when:”. 354
(b) A new subsection (b-1) is added to read as follows: 355
“(b-1) When an employee works more than two hours in a workweek in the District of 356
Columbia for an employer, the hours of work physically performed in the District shall be 357
subject to the District’s minimum wage rate set forth in subsection (a) of this section.”. 358
Sec. 204. Section 2(E) of the Accrued Sick and Safe Leave Act of 2008, effective May 359
13, 2008 (D.C. Law 17-152; D.C. Official Code § 32-531.01(2)(E)) is amended to read as 360
follows: 361 17
“(E) A student, except to the extent that the student is a participant in an on-the-362
job training or apprenticeship program established pursuant to the Youth Employment Act of 363
1979, effective January 5, 1980 (D.C. Law 3-46, D.C. Official Code § 32-241 et seq.);”. 364
TITLE III. FISCAL IMPACT STATEMENT; EFFECTIVE DATE. 365
Sec. 301. Fiscal impact statement; applicability. 366
(a) The Council adopts the fiscal impact statement in the committee report as the fiscal 367
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 368
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 369
(b) This act shall apply upon inclusion of its fiscal effect in an approved budget and 370
financial plan. 371
Sec. 302. Effective date. 372
This act shall take effect following approval by the Mayor (or in the event of veto by the 373
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 374
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 375
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 376
Columbia Register. 377