ENGROSSED ORIGINAL
1
A BILL 1
2
25-987 3
4
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
6
_________________________ 7
8
9
To amend, on a temporary basis, the District of Columbia Public Works Act of 1954 to expressly 10
provide that an owner or occupant of property in the District shall pay an impervious area 11
charge that DC Water assesses; and to amend the Water and Sewer Authority 12
Establishment and Department of Public Works Reorganization Act of 1996 to clarify that 13
DC Water may assess an impervious area charge on any property in the District. 14
15
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 16
act may be cited as the “CRIAC Clarification Temporary Amendment Act of 2024”. 17
Sec. 2. The District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 18
Stat. 107; D.C. Official Code § 34-2101 et seq.), is amended as follows: 19
(a) Section 207 (D.C. Official Code § 34-2107) is amended as follows: 20
(1) Subsection (a)(1) is amended to read as follows: 21
“(1) A billing methodology which takes into account both the water consumption 22
of, and water service to, a property where water is supplied from the District water supply system.”. 23
(2) Subsection (c) is repealed. 24
(b) Section 208 (D.C. Official Code § 34-2108) is amended by adding a new subsection 25
(d) to read as follows: 26
“(d) The owner or occupant of each property in the District shall pay any impervious area 27 ENGROSSED ORIGINAL
2
charge that the District of Columbia Water and Sewer Authority establishes pursuant to section 28
216b(c-1) of the Water and Sewer Authority Establishment and Department of Public Works 29
Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code § 34-30
2202.16(c-1)).”. 31
Sec. 3. Section 216 of the Water and Sewer Authority Establishment and Department of 32
Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. 33
Official Code § 34-2202.16) is amended as follows: 34
(a) A new subsection (c-1) is added to read as follows: 35
“(c-1)(1) The Authority shall assess an impervious area charge on any property in the 36
District based on a billing methodology that takes into account the amount of impervious surface 37
on a property that either prevents or retards the entry of water into the ground as occurring under 38
natural conditions, or that causes water to run off the surface in greater quantities or at an increased 39
rate of flow, relative to the flow present under natural conditions. For the purposes of this 40
paragraph, the term “surface” shall include rooftops, footprints of patios, driveways, private 41
streets, other paved areas, athletic courts and swimming pools, and any path or walkway that is 42
covered by impervious material. 43
“(2) The impervious area charge shall be the obligation of the property owner. 44
Failure to pay the impervious area charge shall result in a lien being placed upon the property 45
without further notice to the owner. The Mayor may enforce the lien in the same manner as in 46 ENGROSSED ORIGINAL
3
section 104 of the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 47
Stat. 107; D.C. Official Code § 34-2407.02). 48
“(3) Any owner or occupant of a property that is assessed an impervious area charge 49
may contest an impervious area charge bill according to the same procedures provided to owners 50
or occupants of properties that receive water and sewer service, under section 1805 of the District 51
of Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 107; D.C. Official Code 52
§ 34-2305.02).”. 53
(b) Subsection (e) is amended by striking the phrase “including the” and inserting the 54
phrase “including the impervious area charge and the” in its place. 55
Sec. 4. Applicability. 56
This act shall apply as of the effective date of the Water and Sewer Authority Equitable 57
Ratemaking Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-370; 56 DCR 58
1350). 59
Sec. 5. Fiscal impact statement. 60
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 61
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 62
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 63
Sec. 6. Effective date. 64
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 65 ENGROSSED ORIGINAL
4
the Mayor, action by the Council to override the veto), a 30-day period of congressional review 66
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 67
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 68
Columbia Register. 69
(b) This act shall expire after 225 days of its having taken effect. 70