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Councilmember Charles Allen 3
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A BILL 7
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 12
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To amend, on an emergency basis, the District of Columbia Public Works Act of 1954 to expressly 17
provide that an owner or occupant of property in the District shall pay an impervious area 18
charge that DC Water assesses; and to amend the Water and Sewer Authority 19
Establishment and Department of Public Works Reorganization Act of 1996 to clarify that 20
DC Water may assess an impervious area charge on any property in the District. 21
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 23
act may be cited as the “CRIAC Clarification Emergency Amendment Act of 2024”. 24
Sec. 2. The District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 25
Stat. 107; D.C. Official Code § 34-2101 et seq.), is amended as follows: 26
(a) Section 207 (D.C. Official Code § 34-2107) is amended as follows: 27
(1) Subsection (a)(1) is amended to read as follows: 28
“(1) A billing methodology which takes into account both the water consumption 29
of, and water service to, a property where water is supplied from the District water supply system.”. 30
(2) Subsection (c) is repealed. 31
(b) Section 208 (D.C. Official Code § 34-2108) is amended by adding a new subsection 32
(d) to read as follows: 33
“(d) The owner or occupant of each property in the District shall pay any impervious area 34
charge that the District of Columbia Water and Sewer Authority establishes pursuant to section 35
216b(c-1) of the Water and Sewer Authority Establishment and Department of Public Works 36
Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code § 34-37
2202.16(c-1)).”. 38
Sec. 3. Section 216 of the Water and Sewer Authority Establishment and Department of 39
Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. 40
Official Code § 34-2202.16) is amended as follows: 41
(a) A new subsection (c-1) is added to read as follows: 42
“(c-1)(1) The Authority shall assess an impervious area charge on any property in the 43
District based on a billing methodology that takes into account the amount of impervious surface 44
on a property that either prevents or retards the entry of water into the ground as occurring under 45
natural conditions, or that causes water to run off the surface in greater quantities or at an increased 46
rate of flow, relative to the flow present under natural conditions. For the purposes of this 47
paragraph, the term “surface” shall include rooftops, footprints of patios, driveways, private 48
streets, other paved areas, athletic courts and swimming pools, and any path or walkway that is 49
covered by impervious material. 50
“(2) The impervious area charge shall be the obligation of the property owner. 51
Failure to pay the impervious area charge shall result in a lien being placed upon the property 52
without further notice to the owner. The Mayor may enforce the lien in the same manner as in 53
section 104 of the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 54
Stat. 107; D.C. Official Code § 34-2407.02). 55
“(3) Any owner or occupant of a property that is assessed an impervious area charge 56
may contest an impervious area charge bill according to the same procedures provided to owners 57
or occupants of properties that receive water and sewer service, under section 1805 of the District 58
of Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 107; D.C. Official Code 59
§ 34-2305.02).”. 60
(b) Subsection (e) is amended by striking the phrase “including the” and inserting the 61
phrase “including the impervious area charge and the” in its place. 62
Sec. 4. Applicability. 63
This act shall apply as of the effective date of the Water and Sewer Authority Equitable 64
Ratemaking Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-370; 56 DCR 65
1350). 66
Sec. 5. Fiscal impact statement. 67
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 68
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 69
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 70
Sec. 6. Effective date. 71
This act shall take effect following approval by the Mayor (or in the event of veto by the 72
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 73
90 days, as provided for emergency acts of the Council of the District of Columbia in section 74
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 75
D.C. Official Code § 1-204.12(a)). 76