7 | | - | |
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8 | | - | AN ACT |
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9 | | - | |
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10 | | - | __________ |
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11 | | - | |
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12 | | - | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA |
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13 | | - | |
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14 | | - | _________________________ |
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15 | | - | To amend, on an emergency basis, the District of Columbia Public Works Act of 1954 to clarify |
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16 | | - | that an owner or occupant of property in the District shall pay an impervious area charge |
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17 | | - | that the District of Columbia Water and Sewer Authority d/b/a DC Water (“DC Water”) |
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18 | | - | assesses; and to amend the Water and Sewer Authority Establishment and Department of |
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19 | | - | Public Works Reorganization Act of 1996 to clarify that DC Water may assess an |
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20 | | - | impervious area charge on any property in the District. |
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21 | | - | |
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22 | | - | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this |
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23 | | - | act may be cited as the “CRIAC Clarification Emergency Amendment Act of 2024”. |
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24 | | - | |
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25 | | - | Sec. 2. The District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 |
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26 | | - | Stat. 104; D.C. Official Code § 34-2101 et seq. ), is amended as follows: |
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27 | | - | (a ) Section 207 (D.C. Official Code § 34-2107) is amended as follows: |
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28 | | - | (1) Subsection (a)(1) is amended to read as follows: |
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29 | | - | “(1) A billing methodology that takes into account both the water consumption of, |
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30 | | - | and water service to, a property where water is supplied from the District water supply system.”. |
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31 | | - | (2) Subsection (c) is repealed. |
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32 | | - | (b) Section 208 (D.C. Official Code § 34-2108) is amended by adding a new subsection |
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33 | | - | (d) to read as follows: |
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34 | | - | “(d) The owner or o ccupant of each property in the District shall pay any impervious area |
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35 | | - | charge that the District of Columbia Water and Sewer Authority establishes pursuant to section |
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36 | | - | 216(c-1) of the Water and Sewer Authority Establishment and Department of Public Works |
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37 | | - | Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code § |
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38 | | - | 34-2202.16(c-1)).”. |
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39 | | - | |
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40 | | - | Sec. 3. Section 216 of the Water and Sewer Authority Establishment and Department of |
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41 | | - | Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. |
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42 | | - | Official Code § 34-2202.16), is amended as follows: |
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43 | | - | (a) A new subsection (c -1) is added to read as follows: ENROLLED ORIGINAL |
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| 6 | + | ______________________________ 2 |
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| 7 | + | Councilmember Charles Allen 3 |
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| 8 | + | 4 |
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| 9 | + | 5 |
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| 10 | + | 6 |
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| 11 | + | A BILL 7 |
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| 12 | + | 8 |
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| 13 | + | __________ 9 |
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| 14 | + | 10 |
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| 15 | + | 11 |
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| 16 | + | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 12 |
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| 17 | + | 13 |
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| 18 | + | _________________________ 14 |
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| 19 | + | 15 |
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| 20 | + | 16 |
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| 21 | + | To amend, on an emergency basis, the District of Columbia Public Works Act of 1954 to expressly 17 |
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| 22 | + | provide that an owner or occupant of property in the District shall pay an impervious area 18 |
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| 23 | + | charge that DC Water assesses; and to amend the Water and Sewer Authority 19 |
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| 24 | + | Establishment and Department of Public Works Reorganization Act of 1996 to clarify that 20 |
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| 25 | + | DC Water may assess an impervious area charge on any property in the District. 21 |
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| 26 | + | 22 |
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| 27 | + | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 23 |
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| 28 | + | act may be cited as the “CRIAC Clarification Emergency Amendment Act of 2024”. 24 |
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| 29 | + | Sec. 2. The District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 25 |
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| 30 | + | Stat. 107; D.C. Official Code § 34-2101 et seq.), is amended as follows: 26 |
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| 31 | + | (a) Section 207 (D.C. Official Code § 34-2107) is amended as follows: 27 |
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| 32 | + | (1) Subsection (a)(1) is amended to read as follows: 28 |
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| 33 | + | “(1) A billing methodology which takes into account both the water consumption 29 |
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| 34 | + | of, and water service to, a property where water is supplied from the District water supply system.”. 30 |
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| 35 | + | (2) Subsection (c) is repealed. 31 |
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| 36 | + | (b) Section 208 (D.C. Official Code § 34-2108) is amended by adding a new subsection 32 |
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| 37 | + | (d) to read as follows: 33 |
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| 38 | + | “(d) The owner or occupant of each property in the District shall pay any impervious area 34 |
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47 | | - | |
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48 | | - | 2 |
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49 | | - | |
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50 | | - | “(c-1)(1)(A) The Authority shall assess an impervious area charge on any property in the |
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51 | | - | District based on a billing methodology that takes into account the amount of impervious surface |
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52 | | - | on a property that either prevents or retards the entry of water into the ground as occurring under |
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53 | | - | natural conditions, or that causes water to run off the surface in greater quantities or at an |
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54 | | - | increased rate of flow, relative to the flow present under natural conditions. |
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55 | | - | “(B) For the purposes of this paragraph , the term “surface” includes |
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56 | | - | rooftops, footprints of patios, driveways, private streets, other paved areas, athletic courts and |
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57 | | - | swimming pools, and any path or walkway that is covered by impervious material. |
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58 | | - | “(2) The impervious area charge shall be the obligation of the property owner. |
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59 | | - | Failure to pay the impervious area charge shall result in a lien being placed upon the property |
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60 | | - | without further notice to the owner. The Mayor may enforce the lien in the same manner as in |
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61 | | - | section 104 of the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 |
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62 | | - | Stat. 102; D.C. Official Code § 34- 2407.02). |
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63 | | - | “(3) Any owner or occupant of a property that is assessed an impervious area |
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64 | | - | charge may contest an impervious area charge bill according to the same procedures provided to |
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65 | | - | owners or occupants of properties that receive water and sewer service under section 1805 of the |
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66 | | - | District of Columbia Public Works Act of 1954, approved June 13, 1990 ( D.C. Law 8- 136; D.C. |
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67 | | - | Official Code § 34- 2305).”. |
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68 | | - | (b) Subsection (e) is amended by striking the phrase “ including the” and inserting the |
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69 | | - | phrase “including the impervious area charge and the” in its place. |
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70 | | - | |
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71 | | - | Sec. 4. Applicability. |
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72 | | - | This act shall apply as of March 25, 2009. |
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73 | | - | |
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74 | | - | Sec. 5. Fiscal impact statement. |
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75 | | - | The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact |
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76 | | - | statement required by section 4a of the General Legislative Procedures Act of 1975, approved |
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77 | | - | October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). |
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78 | | - | |
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79 | | - | Sec. 6. Effective date. |
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80 | | - | This act shall take effect following approval by the Mayor (or in the event of veto by the |
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81 | | - | Mayor, action by the Council to override the veto), and shall remain in effect for no longer than |
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82 | | - | 90 days, as provided for emergency acts of the Council of the District of Columbia in section |
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| 42 | + | charge that the District of Columbia Water and Sewer Authority establishes pursuant to section 35 |
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| 43 | + | 216b(c-1) of the Water and Sewer Authority Establishment and Department of Public Works 36 |
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| 44 | + | Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code § 34-37 |
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| 45 | + | 2202.16(c-1)).”. 38 |
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| 46 | + | Sec. 3. Section 216 of the Water and Sewer Authority Establishment and Department of 39 |
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| 47 | + | Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. 40 |
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| 48 | + | Official Code § 34-2202.16) is amended as follows: 41 |
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| 49 | + | (a) A new subsection (c-1) is added to read as follows: 42 |
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| 50 | + | “(c-1)(1) The Authority shall assess an impervious area charge on any property in the 43 |
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| 51 | + | District based on a billing methodology that takes into account the amount of impervious surface 44 |
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| 52 | + | on a property that either prevents or retards the entry of water into the ground as occurring under 45 |
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| 53 | + | natural conditions, or that causes water to run off the surface in greater quantities or at an increased 46 |
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| 54 | + | rate of flow, relative to the flow present under natural conditions. For the purposes of this 47 |
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| 55 | + | paragraph, the term “surface” shall include rooftops, footprints of patios, driveways, private 48 |
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| 56 | + | streets, other paved areas, athletic courts and swimming pools, and any path or walkway that is 49 |
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| 57 | + | covered by impervious material. 50 |
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| 58 | + | “(2) The impervious area charge shall be the obligation of the property owner. 51 |
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| 59 | + | Failure to pay the impervious area charge shall result in a lien being placed upon the property 52 |
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| 60 | + | without further notice to the owner. The Mayor may enforce the lien in the same manner as in 53 |
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| 61 | + | section 104 of the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 54 |
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| 62 | + | Stat. 107; D.C. Official Code § 34-2407.02). 55 |
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| 63 | + | “(3) Any owner or occupant of a property that is assessed an impervious area charge 56 |
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| 64 | + | may contest an impervious area charge bill according to the same procedures provided to owners 57 |
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86 | | - | |
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87 | | - | ENROLLED ORIGINAL |
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88 | | - | |
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89 | | - | |
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90 | | - | |
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91 | | - | |
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92 | | - | 3 |
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93 | | - | |
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94 | | - | 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; |
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95 | | - | D.C. Official Code § 1- 204.12(a)). |
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96 | | - | |
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97 | | - | |
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98 | | - | |
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99 | | - | |
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100 | | - | ______________________________ |
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101 | | - | Chairman |
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102 | | - | Council of the District of Columbia |
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103 | | - | |
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104 | | - | |
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105 | | - | |
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106 | | - | |
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107 | | - | |
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108 | | - | _________________________________ |
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109 | | - | Mayor |
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110 | | - | District of Columbia |
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111 | | - | |
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112 | | - | |
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113 | | - | |
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114 | | - | |
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| 68 | + | or occupants of properties that receive water and sewer service, under section 1805 of the District 58 |
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| 69 | + | of Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 107; D.C. Official Code 59 |
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| 70 | + | § 34-2305.02).”. 60 |
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| 71 | + | (b) Subsection (e) is amended by striking the phrase “including the” and inserting the 61 |
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| 72 | + | phrase “including the impervious area charge and the” in its place. 62 |
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| 73 | + | Sec. 4. Applicability. 63 |
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| 74 | + | This act shall apply as of the effective date of the Water and Sewer Authority Equitable 64 |
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| 75 | + | Ratemaking Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-370; 56 DCR 65 |
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| 76 | + | 1350). 66 |
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| 77 | + | Sec. 5. Fiscal impact statement. 67 |
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| 78 | + | The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 68 |
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| 79 | + | statement required by section 4a of the General Legislative Procedures Act of 1975, approved 69 |
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| 80 | + | October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 70 |
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| 81 | + | Sec. 6. Effective date. 71 |
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| 82 | + | This act shall take effect following approval by the Mayor (or in the event of veto by the 72 |
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| 83 | + | Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 73 |
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| 84 | + | 90 days, as provided for emergency acts of the Council of the District of Columbia in section 74 |
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| 85 | + | 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 75 |
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| 86 | + | D.C. Official Code § 1-204.12(a)). 76 |
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