District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-1053 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2	1
3	2
4		-
5		-	1
6		-	AN ACT
7		-
8		-	__________
9		-
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	__________
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15		-
16		-	To amend, on an emergency basis, due to congressional review, the District of Columbia Public
17		-	Works Act of 1954 to clarify that an owner or occupant of property in the District shall pay
18		-	an impervious area charge that the District of Columbia Water and Sewer Authority d/b/a
19		-	DC Water (“DC Water”) assesses; and to amend the Water and Sewer Authority
20		-	Establishment and Department of Public Works Reorganization Act of 1996 to clarify that
21		-	DC Water may assess an impervious area charge on any property in the District.
22		-
23		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
24		-	act may be cited as the “CRIAC Clarification Congressional Review Emergency Amendment Act
25		-	of 2024”.
26		-
27		-	Sec. 2. The District of Columbia Public Works Act of 1954, approved May 18, 1954 (68
28		-	Stat. 104; D.C. Official Code § 34- 2101 et seq.), is amended as follows:
29		-	(a) Section 207 (D.C. Official Code § 34- 2107) is amended as follows:
30		-	(1) Subsection (a)(1) is amended to read as follows:
31		-	“(1) A billing methodology that takes into account both the water consumption of,
32		-	and water service to, a property where water is supplied from the District water supply system.”.
33		-	(2) Subsection (c) is repealed.
34		-	(b) Section 208 (D.C. Official Code § 34- 2108) is amended by adding a new subsection
35		-	(d) to read as follows:
36		-	“(d) The owner or occupant of each property in the District shall pay any impervious area
37		-	charge that the District of Columbia Water and Sewer Authority establishes pursuant to section
38		-	216(c-1) of the Water and Sewer Authority Establishment and Department of Public Works
39		-	Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11- 111; D.C. Official Code § 34-
40		-	2202.16(c-1)).”.
41		-
42		-	Sec. 3. Section 216 of the Water and Sewer Authority Establishment and Department of
43		-	Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11- 111; D.C.
44		-	Official Code § 34- 2202.16), is amended as follows:
45		-	(a) A new subsection (c- 1) is added to read as follows: ENROLLED ORIGINAL
46		-
47		-
48		-
	3	+	_______________________________ 1
	4	+	Councilmember Charles Allen 2
	5	+	3
	6	+	4
	7	+	5
	8	+	A BILL 6
	9	+	7
	10	+	_________ 8
	11	+	9
	12	+	10
	13	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
	14	+	12
	15	+	__________________ 13
	16	+	14
	17	+	To amend, on an emergency basis, due to congressional review, the District of Columbia Public 15
	18	+	Works Act of 1954 to clarify that an owner or occupant of property in the District shall pay 16
	19	+	an impervious area charge that the District of Columbia Water and Sewer Authority d/b/a 17
	20	+	DC Water (“DC Water”) assesses; and to amend the Water and Sewer Authority 18
	21	+	Establishment and Department of Public Works Reorganization Act of 1996 to clarify that 19
	22	+	DC Water may assess an impervious area charge on any property in the District. 20
	23	+	21
	24	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 22
	25	+	act may be cited as the “CRIAC Clarification Congressional Review Emergency Amendment Act 23
	26	+	of 2024”. 24
	27	+	Sec. 2. The District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 25
	28	+	Stat. 104; D.C. Official Code § 34-2101 et seq.), is amended as follows: 26
	29	+	(a) Section 207 (D.C. Official Code § 34-2107) is amended as follows: 27
	30	+	(1) Subsection (a)(1) is amended to read as follows: 28
	31	+	“(1) A billing methodology that takes into account both the water consumption of, 29
	32	+	and water service to, a property where water is supplied from the District water supply system.”. 30
	33	+	(2) Subsection (c) is repealed. 31
	34	+	(b) Section 208 (D.C. Official Code § 34-2108) is amended by adding a new subsection 32
	35	+	(d) to read as follows: 33
49	36		2
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 increased
54		-	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 charge
64		-	may contest an impervious area charge bill according to the same procedures provided to owners
65		-	or occupants of properties that receive water and sewer service under section 1805 of the District
66		-	of Columbia Public Works Act of 1954, approved June 13, 1990 (D.C. Law 8- 136; D.C. Official
67		-	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		-
83		-
84		-
85		-
86		-
87		-
88		-
89		-
90		-	ENROLLED ORIGINAL
91		-
92		-
93		-
	37	+	“(d) The owner or occupant of each property in the District shall pay any impervious area 34
	38	+	charge that the District of Columbia Water and Sewer Authority establishes pursuant to section 35
	39	+	216(c-1) of the Water and Sewer Authority Establishment and Department of Public Works 36
	40	+	Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code § 34-37
	41	+	2202.16(c-1)).”. 38
	42	+	Sec. 3. Section 216 of the Water and Sewer Authority Establishment and Department of 39
	43	+	Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. 40
	44	+	Official Code § 34-2202.16), is amended as follows: 41
	45	+	(a) A new subsection (c-1) is added to read as follows: 42
	46	+	“(c-1)(1)(A) The Authority shall assess an impervious area charge on any property in the 43
	47	+	District based on a billing methodology that takes into account the amount of impervious surface 44
	48	+	on a property that either prevents or retards the entry of water into the ground as occurring under 45
	49	+	natural conditions, or that causes water to run off the surface in greater quantities or at an increased 46
	50	+	rate of flow, relative to the flow present under natural conditions. 47
	51	+	“(B) For the purposes of this paragraph, the term “surface” includes 48
	52	+	rooftops, footprints of patios, driveways, private streets, other paved areas, athletic courts and 49
	53	+	swimming pools, and any path or walkway that is covered by impervious material. 50
	54	+	“(2) The impervious area charge shall be the obligation of the property owner. 51
	55	+	Failure to pay the impervious area charge shall result in a lien being placed upon the property 52
	56	+	without further notice to the owner. The Mayor may enforce the lien in the same manner as in 53
	57	+	section 104 of the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 54
	58	+	Stat. 102; D.C. Official Code § 34-2407.02). 55
94	59		3
95		-
96		-
97		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
98		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
99		-	D.C. Official Code § 1- 204.12(a)).
100		-
101		-
102		-
103		-
104		-
105		-	___________________________________
106		-	Chairman
107		-	Council of the District of Columbia
108		-
109		-
110		-
111		-
112		-
113		-	_________________________________
114		-	Mayor
115		-	District of Columbia
116		-
117		-
118		-
119		-
	60	+	“(3) Any owner or occupant of a property that is assessed an impervious area charge 56
	61	+	may contest an impervious area charge bill according to the same procedures provided to owners 57
	62	+	or occupants of properties that receive water and sewer service under section 1805 of the District 58
	63	+	of Columbia Public Works Act of 1954, approved June 13, 1990 (D.C. Law 8-136; D.C. Official 59
	64	+	Code § 34-2305).”. 60
	65	+	(b) Subsection (e) is amended by striking the phrase “including the” and inserting the 61
	66	+	phrase “including the impervious area charge and the” in its place. 62
	67	+	Sec. 4. Applicability. 63
	68	+	This act shall apply as of March 25, 2009. 64
	69	+	Sec. 5. Fiscal impact statement. 65
	70	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 66
	71	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 67
	72	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 68
	73	+	Sec. 6. Effective date. 69
	74	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 70
	75	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 71
	76	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 72
	77	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 73
	78	+	D.C. Official Code § 1-204.12(a)). 74