District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0986 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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7		-
8		-	AN ACT
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10		-	__________
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12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	_________________________
15		-	To amend, on an emergency basis, the District of Columbia Public Works Act of 1954 to clarify
16		-	that an owner or occupant of property in the District shall pay an impervious area charge
17		-	that the District of Columbia Water and Sewer Authority d/b/a DC Water (“DC Water”)
18		-	assesses; and to amend the Water and Sewer Authority Establishment and Department of
19		-	Public Works Reorganization Act of 1996 to clarify that DC Water may assess an
20		-	impervious area charge on any property in the District.
21		-
22		-	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		-
25		-	Sec. 2. The District of Columbia Public Works Act of 1954, approved May 18, 1954 (68
26		-	Stat. 104; D.C. Official Code § 34-2101 et seq. ), is amended as follows:
27		-	(a ) Section 207 (D.C. Official Code § 34-2107) is amended as follows:
28		-	(1) Subsection (a)(1) is amended to read as follows:
29		-	“(1) A billing methodology that takes into account both the water consumption of,
30		-	and water service to, a property where water is supplied from the District water supply system.”.
31		-	(2) Subsection (c) is repealed.
32		-	(b) Section 208 (D.C. Official Code § 34-2108) is amended by adding a new subsection
33		-	(d) to read as follows:
34		-	“(d) The owner or o ccupant of each property in the District shall pay any impervious area
35		-	charge that the District of Columbia Water and Sewer Authority establishes pursuant to section
36		-	216(c-1) of the Water and Sewer Authority Establishment and Department of Public Works
37		-	Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code §
38		-	34-2202.16(c-1)).”.
39		-
40		-	Sec. 3. Section 216 of the Water and Sewer Authority Establishment and Department of
41		-	Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C.
42		-	Official Code § 34-2202.16), is amended as follows:
43		-	(a) A new subsection (c -1) is added to read as follows: ENROLLED ORIGINAL
	6	+	______________________________ 2
	7	+	Councilmember Charles Allen 3
	8	+	4
	9	+	5
	10	+	6
	11	+	A BILL 7
	12	+	8
	13	+	__________ 9
	14	+	10
	15	+	11
	16	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 12
	17	+	13
	18	+	_________________________ 14
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	21	+	To amend, on an emergency basis, the District of Columbia Public Works Act of 1954 to expressly 17
	22	+	provide that an owner or occupant of property in the District shall pay an impervious area 18
	23	+	charge that DC Water assesses; and to amend the Water and Sewer Authority 19
	24	+	Establishment and Department of Public Works Reorganization Act of 1996 to clarify that 20
	25	+	DC Water may assess an impervious area charge on any property in the District. 21
	26	+	22
	27	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 23
	28	+	act may be cited as the “CRIAC Clarification Emergency Amendment Act of 2024”. 24
	29	+	Sec. 2. The District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 25
	30	+	Stat. 107; D.C. Official Code § 34-2101 et seq.), is amended as follows: 26
	31	+	(a) Section 207 (D.C. Official Code § 34-2107) is amended as follows: 27
	32	+	(1) Subsection (a)(1) is amended to read as follows: 28
	33	+	“(1) A billing methodology which takes into account both the water consumption 29
	34	+	of, and water service to, a property where water is supplied from the District water supply system.”. 30
	35	+	(2) Subsection (c) is repealed. 31
	36	+	(b) Section 208 (D.C. Official Code § 34-2108) is amended by adding a new subsection 32
	37	+	(d) to read as follows: 33
	38	+	“(d) The owner or occupant of each property in the District shall pay any impervious area 34
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46	41
47		-
48		-	2
49		-
50		-	“(c-1)(1)(A) The Authority shall assess an impervious area charge on any property in the
51		-	District based on a billing methodology that takes into account the amount of impervious surface
52		-	on a property that either prevents or retards the entry of water into the ground as occurring under
53		-	natural conditions, or that causes water to run off the surface in greater quantities or at an
54		-	increased rate of flow, relative to the flow present under natural conditions.
55		-	“(B) For the purposes of this paragraph , the term “surface” includes
56		-	rooftops, footprints of patios, driveways, private streets, other paved areas, athletic courts and
57		-	swimming pools, and any path or walkway that is covered by impervious material.
58		-	“(2) The impervious area charge shall be the obligation of the property owner.
59		-	Failure to pay the impervious area charge shall result in a lien being placed upon the property
60		-	without further notice to the owner. The Mayor may enforce the lien in the same manner as in
61		-	section 104 of the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68
62		-	Stat. 102; D.C. Official Code § 34- 2407.02).
63		-	“(3) Any owner or occupant of a property that is assessed an impervious area
64		-	charge may contest an impervious area charge bill according to the same procedures provided to
65		-	owners or occupants of properties that receive water and sewer service under section 1805 of the
66		-	District of Columbia Public Works Act of 1954, approved June 13, 1990 ( D.C. Law 8- 136; D.C.
67		-	Official Code § 34- 2305).”.
68		-	(b) Subsection (e) is amended by striking the phrase “ including the” and inserting the
69		-	phrase “including the impervious area charge and the” in its place.
70		-
71		-	Sec. 4. Applicability.
72		-	This act shall apply as of March 25, 2009.
73		-
74		-	Sec. 5. Fiscal impact statement.
75		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
76		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
77		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
78		-
79		-	Sec. 6. Effective date.
80		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
81		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
82		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
	42	+	charge that the District of Columbia Water and Sewer Authority establishes pursuant to section 35
	43	+	216b(c-1) of the Water and Sewer Authority Establishment and Department of Public Works 36
	44	+	Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code § 34-37
	45	+	2202.16(c-1)).”. 38
	46	+	Sec. 3. Section 216 of the Water and Sewer Authority Establishment and Department of 39
	47	+	Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. 40
	48	+	Official Code § 34-2202.16) is amended as follows: 41
	49	+	(a) A new subsection (c-1) is added to read as follows: 42
	50	+	“(c-1)(1) The Authority shall assess an impervious area charge on any property in the 43
	51	+	District based on a billing methodology that takes into account the amount of impervious surface 44
	52	+	on a property that either prevents or retards the entry of water into the ground as occurring under 45
	53	+	natural conditions, or that causes water to run off the surface in greater quantities or at an increased 46
	54	+	rate of flow, relative to the flow present under natural conditions. For the purposes of this 47
	55	+	paragraph, the term “surface” shall include rooftops, footprints of patios, driveways, private 48
	56	+	streets, other paved areas, athletic courts and swimming pools, and any path or walkway that is 49
	57	+	covered by impervious material. 50
	58	+	“(2) The impervious area charge shall be the obligation of the property owner. 51
	59	+	Failure to pay the impervious area charge shall result in a lien being placed upon the property 52
	60	+	without further notice to the owner. The Mayor may enforce the lien in the same manner as in 53
	61	+	section 104 of the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 54
	62	+	Stat. 107; D.C. Official Code § 34-2407.02). 55
	63	+	“(3) Any owner or occupant of a property that is assessed an impervious area charge 56
	64	+	may contest an impervious area charge bill according to the same procedures provided to owners 57
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87		-	ENROLLED ORIGINAL
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92		-	3
93		-
94		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
95		-	D.C. Official Code § 1- 204.12(a)).
96		-
97		-
98		-
99		-
100		-	______________________________
101		-	Chairman
102		-	Council of the District of Columbia
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104		-
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106		-
107		-
108		-	_________________________________
109		-	Mayor
110		-	District of Columbia
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112		-
113		-
114		-
	68	+	or occupants of properties that receive water and sewer service, under section 1805 of the District 58
	69	+	of Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 107; D.C. Official Code 59
	70	+	§ 34-2305.02).”. 60
	71	+	(b) Subsection (e) is amended by striking the phrase “including the” and inserting the 61
	72	+	phrase “including the impervious area charge and the” in its place. 62
	73	+	Sec. 4. Applicability. 63
	74	+	This act shall apply as of the effective date of the Water and Sewer Authority Equitable 64
	75	+	Ratemaking Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-370; 56 DCR 65
	76	+	1350). 66
	77	+	Sec. 5. Fiscal impact statement. 67
	78	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 68
	79	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 69
	80	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 70
	81	+	Sec. 6. Effective date. 71
	82	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 72
	83	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 73
	84	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 74
	85	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 75
	86	+	D.C. Official Code § 1-204.12(a)). 76