MURIEL BOWSER
MAYOR
June 29, 2023
The Honorable Phil Mendelson
Chairman
Council
of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and enactment by the Council
of the District of Columbia are the
"Floodplain Review Authority Amendment Act
of 2023," the "Floodplain Review Authority
Temporary Amendment Act
of2023," and the "Floodplain Review Authority Emergency
Amendment Act
of2023," along with an accompanying emergency declaration resolution.
The legislation would repeal section 6B
of the District of Columbia Applications Insurance
Implementation Act, effective April 5, 2021 (D.C. Law 23-269; D.C. Official
Code§ 6-507), to
allow the Mayor to continue to delegate the functions
of that act to the Director of the
Department
of Energy and Environment ("DOEE"). DOEE has historically exercised the
authority
of the Applications Insurance Act to implement regulations relating to flood hazards
and safety in the District, and DOEE has been identified by the Mayor as the District
coordination agency for the National Flood Insurance Program ("NFIP"), as required by the
Federal Emergency Management Agency. Repeal
of section 6B will ensure that the District
continues to maintain, and thus obtain the benefits of, its membership in the NFIP.
I urge the Council to take prompt and favorable action on the enclosed legislation. 1
2
3
4
5
6
7
8
A
BILL
~~~
Chairman Phil Mendelson
at the request of the Mayor
9 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
10
11
12
13
14 To amend, on a temporary basis, the District of Columbia Applications Insurance
15 Implementation Act to repeal the direction to the Mayor that the functions of the act be
16 delegated to the Director of the Department of Buildings.
17
18 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
19 act may
be cited as the "Floodplain Review Authority Temporary Amendment Act of2023".
20 Sec. 2. Section 6B of the District of Columbia Applications Insurance Implementation
21 Act, effective April 5, 2021 (D.C. Law 23-269; D.C. Official Code§ 6-507), is repealed.
22 Sec. 3. Fiscal impact statement.
23
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
24 impact statement required by section 4a of the General Legislative Procedures Act of 197 5,
25 approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1-301.47a).
26 Sec. 4. Effective date.
27 (a) This act shall take effect following approval by the Mayor (or in the event of veto by
28 the Mayor, action by the Council to override the veto), a 30-day period of congressional review
29 as provided in section 602( c )(1)
of the District of Columbia Home Rule Act, approved December
30 24, 1973 (87 Stat. 813; D.C. Official Code§ 1-206.02(c)(l)), and publication in the District of
31 Columbia Register. 32 (b) This act shall expire after 225 days of its having taken effect.
2 GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB
ATTORNEY GENERAL
LEGAL COUNSEL DIVISION
MEMORANDUM
TO: Dan Emerine
Legislative Director
***
Department of Energy and Environment
FROM: Megan D. Browder MD !3
Deputy Attorney General
Legal Counsel Division
DATE: June 27, 2023
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMlJNICA TION
SUBJECT: Legal Sufficiency Review -Draft "Floodplain Review Authority Emergency
Amendment Act
of 2023," "Floodplain Review Authority Temporary Amendment
Act
of 2023," "Floodplain Review Authority Emergency Declaration Resolution of
2023," and "Floodplain Review Authority Amendment Act of 2023"
(AE-23-423 B)
This legislation would repeal a recent addition to the District of Columbia Applications Insurance
Implementation Act ("Insurance Act").
1
That act requires the review of building permit applications,
subdivision proposals, sewage systems, and more for potential flood hazards.
2
The Mayor has delegated
administration
of the Insurance Act to your Department,
3
but the Council recently directed the Mayor to
move that delegation to the new Department
of Buildings.
4
This legislation would repeal that direction. It
is legally sufficient.
5
If you have any questions regarding this memorandum, please contact Joshua Turner, Assistant Attorney
General, Legal Counsel Division, at (202) 442-9834, or me at (202) 724-5524.
MDB/
jat
1
Effective May 26, 1976 (D.C. Law 1-64; D.C. Official Code § 6-50 I et seq.).
2
See D.C. Official Code§§ 6-501---6-504.
3
See, e.g., Mayor's Order 2007-61, dated June 14, 2006.
4
Department of Buildings Establishment Act of 2020, § 501 (b), effective Apr. 5, 2021 (D.C. Law 23-269; 68 DCR 4174).
5
The repeal of this direction would also make it unnecessary for us to resolve whether that direction impermissibly abridged
the Mayor's delegation authority under the Charter.
See D.C. Official Code § 1-204.22(6) (authorizing the Mayor to delegate
her functions
to "any director of an executive department").
1350 Pennsylvania Avenue, N.
W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Email: megan.browder@dc.gov GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB
ATTORNEY GENERAL
LEGAL COUNSEL DJVJSTON
MEMORANDUM
TO: Tommy Wells
Director
***
Office of Policy and Legislative Affairs
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE:
June 27, 2023
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
SUBJECT: Legal Sufficiency Review - Draft "Floodplain Review Authority Emergency
Amendment Act
of 2023," "Floodplain Review Authority Temporary Amendment
Act
of 2023," "Floodplain Review Authority Emergency Declaration Resolution of
2023," and "Floodplain Review Authority Amendment Act of 2023"
(AE-23-423 B)
This is to Certify that this Office has reviewed the above-referenced draft
legislation and found it to be legally sufficient. If you have any questions in this regard, please do
not hesitate to call me
at (202) 724-5524.
Megan D.
Browder
2