District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0675 Compare Versions

Only one version of the bill is available at this time.

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11	11	February 1, 2024
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13	13	Nyasha Smith, Secretary
14	14	Council of the District of Columbia
15	15	1350 Pennsylvania Avenue NW
16	16	Washington, DC 20004
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18	18	Dear Secretary Smith,
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20	20	Today, I am introducing the Water Is Life Amendment Act of 2024. Please find enclosed a
21	21	signed copy of the legislation.
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23	23	D.C. Water’s motto, “water is life,” recognizes that fresh water is necessary for the survival of all
24	24	living organisms on E arth. However, my office regularly assists District residents whose water
25	25	service has been shut off due to nonpayment—even in circumstances where those very residents
26	26	are either tenants who are not responsible for paying the bills or individuals who are eligible for
27	27	utility assistance programs. Residential tenants are particularly vulnerable to service
28	28	disconnection because in many cases, they are not the D.C. Water account holder—the property
29	29	owner is. Black households are disproportionately likely to be renters, and shortcomings in our
30	30	utility assistance programs fall hardest on them.
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32	32	A particularly frustrating pattern my office has observed is that many low -income residents
33	33	cannot reestablish service once they are disconnected because they are ineligible to enroll in
34	34	utility assistance programs without first paying down their outstanding bill . Moreover, our water
35	35	assistance programs—like other assistance programs—are chronically under -enrolled. As few as
36	36	ten percent of eligible households participate in water assistance programs.
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38	38	To put an end to the avoidable and inequitable infliction of human misery that water service
39	39	disconnections represent, the Water Is Life Amendment Act of 2024 makes two critical changes
40	40	to the provision of water service in D.C. First, the legislation ensures residential tenants can
41	41	access their water bill and utility payment programs that are intended to prevent low-income
42	42	residents from service interruptions . Making it easier for tenants to enroll in these programs is a
43	43	win-win because D.C. Water is the ultimate recipient of any water assistance that a District
44	44	resident receives.
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47	47	Second, the legislation bans water service disconnections for nonpayment at residential
48	48	properties to ensure that residents are not subjected to a humiliating, unsafe, and ultimately
49	49	unnecessary penalty. The disconnection of water service is not simply a nuisance; very quickly it
50	50	can compound the challenges a family is experiencing . Without water, a family cannot bathe,
51	51	cook healthy meals, prepare infant formula, and so much more . Those outcomes are not
52	52	theoretical—during my first year in office, my team repeatedly assisted residents who faced the
53	53	prospect of navigating life with an infant or young children without water service. Water shutoffs
54	54	also have the potential to exacerbate the racially and economically disparate impacts of lead
55	55	poisoning as stagnant water can corrode pipe surfaces and allow lead and other metals to leach
56	56	into the water. And, for water customers who are in fact eligible for utility assistance programs,
57	57	disconnection becomes the insurmountable hurdle to their enrollment in those programs.
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59	59	To be clear, a residential disconnection ban will not threaten the financial or operational integrity
60	60	of D.C. Water. The City of Chicago instituted a similar disconnection ban in 2022, yet the
61	61	financial outlook for its Water Fund has not materially changed.
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63	63	D.C. Water’s fundamental
64	64	guarantee of payment is its ability to impose a lien on a property associated with an account in
65	65	arrears pursuant to D.C. Code § 34–2407.02. D espite claiming that this proposal might impair
66	66	representations that D.C. Water makes to its bondholders, D.C. Water has thus far been
67	67	unwilling to produce a copy of the representations it claims would be impaired. The bill also
68	68	leaves intact D.C. Water’s ability to disconnect for nonpayment at commercial properties, which
69	69	represent a significant portion of D.C. Water’s customers . The residential disconnection ban
70	70	would have no practical impact on customers in multifamily buildings, where D.C. Water
71	71	already has a practice—though not a n enforceable policy—of maintaining water service despite
72	72	nonpayment. Finally, the legislation makes explicit D.C. Water’s authority to disconnect service
73	73	if it determines that service to a property is causing waste, abuse of water supply, or any danger
74	74	to public health or safety.
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76	76	Please contact my Deputy Chief of Staff , Conor Shaw, at cshaw@dccouncil.gov if you have any
77	77	questions about this legislation.
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79	79	Sincerely,
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83	83
84	84	Zachary Parker
85	85	Ward 5 Councilmember
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88	88	See Annual Comprehensive Financial Report For the Year Ended Dec. 31, 2022, City of
89	89	Chicago Dept. of Water Management,
90	90	https://www.chicago.gov/content/dam/city/depts/fin/supp_info/CAFR/2022CAFR/Water2022.pd
91	91	f. 1
92	92	_____________________________ 2
93	93	Councilmember Zachary Parker 3
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95	95	5
96	96	A BILL 6
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98	98	_________________________ 8
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100	100	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
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102	102	_________________________ 12
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105	105	To amend the District of Columbia Public Works Act of 1954 and the Water and Sewer 15
106	106	Authority Establishment and Department of Public Works Reorganization Act of 1996 to 16
107	107	ensure authorized tenants of residential properties are able to receive utility payment 17
108	108	assistance and to prevent water service from being disconnected from residential 18
109	109	properties for nonpayment. 19
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111	111	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21
112	112	act may be cited as the “Water Is Life Amendment Act of 2024”. 22
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114	114	Sec. 2. The District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 24
115	115	Stat. 102; D.C. Official Code § 34–2101 et seq .), is amended as follows: 25
116	116	(a)Section 101 (D.C. Official Code § 34-2303) is amended to read as follows:26
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118	118	“(a) If an owner of a residential property, their agent , or a third party service is billed 27
119	119	directly by the District of Columbia Water and Sewer Authority (“DC Water”) for water and 28
120	120	sanitary sewer services provided to the residential property, an authorized tenant who resides at 29
121	121	the service address may request and receive a copy of the water and sanitary sewer services if the 30
122	122	person is an authorized tenant. 31
123	123	(b) Any payment made by a tenant of residential property pursuant to subsection (a) of32
124	124	this section shall be deemed in lieu of an equal amount of rent and shall be deducted, by the 33
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128	128	landlord, from any rent due and owing or to become due and owing to the owner, agent, lessor, 34
129	129	or manager of the residential property. 35
130	130	(c) An authorized tenant that is eligible for a payment plan or any customer assistance 36
131	131	programs may apply for both the plan or any applicable programs and may receive assistance 37
132	132	from the People’s Counsel. 38
133	133	(d) Nothing in this section shall prevent the Mayor from pursuing any other appropriate 39
134	134	action or remedy at law or equity against
135	135	an owner, agent, lessor, manager, or tenant of a 40
136	136	residential property, including that DC Water shall retain the right to lien the account property in 41
137	137	accordance with provision for DC Code §34- 2407.02 et seq . 42
138	138	(e) DC Water shall not be responsible for the fraudulent acts or acts of omission 43
139	139	associated with deeming a person an authorized tenant, and the DC Water shall incur no liability 44
140	140	associated deeming the tenant an authorized tenant. 45
141	141	(f) For the purposes of this section, the term: 46
142	142	(1) “Authorized tenant” is a person who has provided acceptable evidence of 47
143	143	occupancy in accordance with rules issued pursuant to § 34- 2306. 48
144	144	(2) “Residential property” means a property that contains an ambulatory car e 49
145	145	facility, group home, sleeping unit, dwelling unit, housing unit, custodial care facility, or foster 50
146	146	care facility as those terms are defined in Section 202 of the Building Code Supplement of 2017 51
147	147	(12A D.C.M.R § 202 (2021)).” 52
148	148	(b) Section 103 ( D.C. Official Code § 34–2407.01 ) is amended to read as follows: 53
149	149	“(a) The Mayor of the District of Columbia is authorized to provide for the collection of 54
150	150	water charges, in advance or otherwise, from the owner or occupant of any building, 55
151	151	establishment, or other place furnished water or water service by the District. 56
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155	155	“(b) The Mayor is authorized to shut off the water supply to any such building, 57
156	156	establishment, or other place upon a determination that water service is causing waste, abuse of 58
157	157	water supply, or any danger to public health or safety . Within 180 days of enactment of the 59
158	158	Water Is Life Amendment Act of 2024, the Mayor shall promulgate rules or regulations for 60
159	159	making such determination. 61
160	160	“(c) The Mayor is authorized to shut off the water supply to any nonresidential building, 62
161	161	establishment, or other place upon failure of the owner or occupant thereof to pay such water 63
162	162	charges within 30 days from the date of rendition of the bill therefor. Such authority to shut off 64
163	163	the water supply may be exercised by the Mayor regardless of any change in ownership or 65
164	164	occupancy of such nonresidential building, establishment, or other place. When the water supply 66
165	165	to any such nonresidential building, establishment, or other place has been shut off for failure to 67
166	166	pay such water charges, the Mayor shall not again supply such nonresidential building, 68
167	167	establishment, or other place with water until all arrears of water charges, together with penalties 69
168	168	and the costs actually incurred in shutting off and restoring the water supply, are paid. 70
169	169	“(d) If the water supply to any property has been shut off for failure to pay District water 71
170	170	and sanitary sewer service charges, and later restored without the express authorization of the 72
171	171	Mayor, the Mayor shall impose a fine in an amount not less than 20% of the delinquent charges 73
172	172	or more than $100, whichever is greater, upon the owner or occupant of the property, unless the 74
173	173	Mayor determines that the owner or occupant did not restore or solicit a person to restore the 75
174	174	water. 76
175	175	“(e) For the purposes of this section, the term “nonresidential building” means a building 77
176	176	that does not contain an ambulatory care facility, group home, sleeping unit, dwelling unit, 78
177	177	housing unit, custodial care facility, or foster care facility as those terms are defined in Section 79
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181	181	202 of the Building Code Supplement of 2017 (12A D.C.M.R § 202 (2021) ).” 80
182	182	Sec. 3. T he Water and Sewer Authority Establishment and Department of Public 81
183	183	Works Reorganization Act of 1996 (D.C. Law 11 -111; D.C. Official Code § 34–2202.01 et seq. ), 82
184	184	is amended as follows: 83
185	185	(a) Section 201 (D.C. Official Code § 34–2202.01) is amended by adding a new 84
186	186	paragraph (5A) to read as follows: 85
187	187	“(5A) “Nonresidential building” means a building that does not contain an 86
188	188	ambulatory care facility, group home, sleeping unit, dwelling unit, housing unit, custodial care 87
189	189	facility, or foster care facility as those terms are defined in Section 202 of the Building Code 88
190	190	Supplement of 2017 (12A D.C.M.R § 202 (2021) ).” 89
191	191	(b) Section 203 (D.C. Official Code § 34–2202.03 ) is amended as follows: 90
192	192	(1) Paragraph ( 19) is amended to read as follows: 91
193	193	“(19) To shut off water and sewer service to any building, establishment, or other 92
194	194	place upon a determination that water service is causing waste, abuse of water supply, or any 93
195	195	danger to public health, safety, or the general well-being of the District water system or to shut 94
196	196	off water and sewer service to a nonresidential building for failure of the owner or occupant 95
197	197	thereof to pay such water charges within 30 days from the date of rendition of the bill;” 96
198	198	(2) Paragraph (32) is amended by striking the phrase “ ; and” and inserting a 97
199	199	semicolon in its place; 98
200	200	(3) Paragraph (33) is amended by striking the period and inserting “; and” in its 99
201	201	place. 100
202	202	(4) A new paragraph (34) is added to read as follows: 101
203	203	“(34) To forgive debts owed by current and former customers in circumstances 102
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207	207	deemed appropriate by the agency.” 103
208	208	Sec. 4. Fiscal impact statement. 104
209	209	The Council adopts the fiscal impact statement in the committee report as the fiscal 105
210	210	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 106
211	211	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 107
212	212	Sec. 5. Effective date. 108
213	213	This act shall take effect after approval by the Mayor (or in the event of veto by the 109
214	214	Mayor, action by the Council to override the veto), a 30- day period of congressional review as 110
215	215	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 111
216	216	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 112
217	217	Columbia Register. 113