District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0986 Compare Versions

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1- ENROLLED ORIGINAL
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8-AN ACT
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10-__________
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12-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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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31- (2) Subsection (c) is repealed.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
19+ 15
20+ 16
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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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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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)).
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97-
98-
99-
100-______________________________
101-Chairman
102-Council of the District of Columbia
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108-_________________________________
109-Mayor
110-District of Columbia
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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