District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0311 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2		-
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6		-	1
7		-	A RESOLUTION
8		-
9		-	25-236
10		-
	1	+	MURIEL BOWSER
	2	+	MAYOR
	3	+	June 29, 2023
	4	+	The Honorable Phil Mendelson
	5	+	Chairman
	6	+	Council
	7	+	of the District of Columbia
	8	+	John
	9	+	A. Wilson Building
	10	+	1350 Pennsylvania Avenue, NW, Suite 504
	11	+	Washington, DC 20004
	12	+	Dear Chairman Mendelson:
	13	+	Enclosed for consideration and enactment by the Council
	14	+	of the District of Columbia are the
	15	+	"Floodplain Review Authority Amendment Act
	16	+	of 2023," the "Floodplain Review Authority
	17	+	Temporary Amendment Act
	18	+	of2023," and the "Floodplain Review Authority Emergency
	19	+	Amendment Act
	20	+	of2023," along with an accompanying emergency declaration resolution.
	21	+	The legislation would repeal section 6B
	22	+	of the District of Columbia Applications Insurance
	23	+	Implementation Act, effective April
	24	+	5, 2021 (D.C. Law 23-269; D.C. Official Code§ 6-507), to
	25	+	allow the Mayor to continue to delegate the functions
	26	+	of that act to the Director of the
	27	+	Department
	28	+	of Energy and Environment ("DOEE"). DOEE has historically exercised the
	29	+	authority
	30	+	of the Applications Insurance Act to implement regulations relating to flood hazards
	31	+	and safety in the District, and DOEE has been identified by the Mayor as the District
	32	+	coordination agency for the National Flood Insurance Program ("NFIP"), as required by the
	33	+	Federal Emergency Management Agency. Repeal
	34	+	of section 6B will ensure that the District
	35	+	continues to maintain, and thus obtain the benefits of, its membership in the NFIP.
	36	+	I urge the Council to take prompt and favorable action on the enclosed legislation. 1
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	68	+	1/t:e.~
	69	+	at the request of the Mayor
	70	+	A
	71	+	PROPOSED RESOLUTION
11	72		IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	July 11, 2023
14		-
15		-
16	73		To declare the existence of an emergency with respect to the need to amend the District of
17	74		Columbia Applications Insurance Implementation Act to repeal the direction to the
18		-	Mayor that the functions ~~enumerated in the act be delegated to the Director of the~~
19		-	Department of ~~Buildings.~~
20		-
	75	+	Mayor that the functions
	76	+	of the act be delegated to the Director of the Department of
	77	+	Buildings.
21	78		RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22		-	resolution may be cited as the “Floodplain Review Authority Emergency Declaration Resolution
23		-	of 2023”.
24		-
25		-	Sec. 2. (a) Section 501(b) of the Department of Buildings Establishment Act of 2020,
26		-	effective April 5, 2021 (D.C. Law 23-269; 68 DCR 1490), amended the District of Columbia
	79	+	resolution
	80	+	may be cited as the "Floodplain Review Authority Emergency Declaration Resolution
	81	+	of 2023".
	82	+	Sec. 2. (a) Section
	83	+	50l(b) of the Department of Buildings Establishment Act of 2020,
	84	+	effective April 5, 2021 (D.C.
	85	+	Law 23-269;68 DCR 1490), amended the District of Columbia
27	86		Applications Insurance Implementation Act, effective May 26, 1976 (D.C. Law 1-64; D.C.
28		-	Official Code § 6-501 et seq.) (“Applications Insurance Act”) by adding a new section 6B (D.C.
29		-	Official Code § 6-507) that directs the Mayor to delegate the functions enumerated in the
30		-	Applications Insurance Act to the Director of the Department of Buildings.
31		-	(b) The purpose of the Applications Insurance Act is to implement certain elements of a
32		-	flood protection program for the District to ensure that the District meets the federal
33		-	requirements for membership in the National Flood Insurance Program (“NFIP”).
34		-	(c) Since 1996, the functions enumerated in the Applications Insurance Act have been
35		-	delegated by the Mayor to the Department of Energy and Environment and its predecessor
36		-	agencies. The Department of Energy and Environment is currently funded and staffed to
37		-	administer the Applications Insurance Act.
38		-	(d) While the Department of Buildings regulates the construction of buildings through the
39		-	Construction Codes, which include flood elevation requirements, the Department of Energy and
40		-	Environment regulates site and building development in floodplains more broadly and
41		-	specifically in accordance with the regulations and guidance of the Federal Emergency
42		-	Management Agency (“FEMA”).
43		-	(e) The District’s membership in the NFIP provides benefits to the District that include
44		-	guaranteed annual grants of $120,000 and more to support floodplain management, access to
45		-	affordable flood insurance for District residents through the NFIP, and federal disaster relief
46		-	should a flood occur in the District. ENROLLED ORIGINAL
47		-
48		-
49		-
50		-
	87	+	Official
	88	+	Code§ 6-501 et seq.) ("Applications Insurance Act") by adding a new section 6B (D.C.
	89	+	Official Code § 6-507) that directs the
	90	+	Mayor to delegate the functions in the Applications
	91	+	Insurance
	92	+	Act to the Director of the Department of Buildings.
	93	+	(b) The purpose
	94	+	of the Applications Insurance Act is to implement certain elements of a
	95	+	flood protection program for the District, to ensure that the District meets the federal
	96	+	requirements for membership in the National Flood Insurance Program ("NFIP").
	97	+	( c) Since 1996, the functions in the Applications Insurance Act have been delegated by
	98	+	the Mayor to the Department
	99	+	of Energy and Environment and its predecessor agencies. The
	100	+	1 33 Department of Energy and Environment is currently funded and staffed to administer the
	101	+	34 Applications Insurance Act.
	102	+	35 (d) While the Department
	103	+	of Buildings regulates the construction of buildings through the
	104	+	36 Construction Codes, which include flood elevation requirements, the Department
	105	+	of Energy and
	106	+	37 Environment regulates site and building development in floodplains more broadly, and
	107	+	38 specifically in accordance with the regulations and guidance
	108	+	of the Federal Emergency
	109	+	39 Management Agency ("FEMA").
	110	+	40 (e) The District's membership in the NFIP provides benefits to the District that include
	111	+	41 guaranteed annual grants of $120,000 and more to support floodplain management, access to
	112	+	42 affordable flood insurance for District residents through the NFIP, and federal disaster relief
	113	+	43 should a flood occur in the District.
	114	+	44 (f) The Department
	115	+	of Energy and Environment has historically, pursuant to Mayor's
	116	+	45 Orders, exercised the authority of the Applications Insurance Act to implement regulations
	117	+	46 relating to flood hazards and safety in the District, and has been identified by the Mayor as the
	118	+	47 District coordination agency for the NFIP, as required by FEMA, by designating the Director
	119	+	of
	120	+	48 the Department of Energy and Environment as the Floodplain Administrator for the District,
	121	+	49 responsible for interacting with
	122	+	FEMA on the development of flood maps and implementation of
	123	+	50 FEMA guidelines related to flood hazards and safety.
	124	+	51 (g) Emergency legislation is necessary to repeal section 6B of the Applications Insurance
	125	+	52 Act (D.C. Official Code § 6-507), thereby clarifying that the Mayor may continue delegating the
	126	+	53 functions of the Applications Insurance Act to the Director of the Department of Energy and
	127	+	54 Environment. This will ensure that the District continues to maintain, and thus obtain the
	128	+	55 benefits of, its membership in the NFIP.
	129	+	2 56 Sec. 3. The Council of the District of Columbia determines that the circumstances
	130	+	57 enumerated in section 2 constitute emergency circumstances making it necessary that the
	131	+	58 Floodplain Review Authority Emergency Amendment Act of 2023 be adopted after a single
	132	+	59 reading.
	133	+	60 Sec. 4. This resolution shall take effect immediately.
	134	+	3 GOVERNMENT OF THE DISTRICT OF COLUMBIA
	135	+	OFFICE OF THE ATTORNEY GENERAL
	136	+	BRIAN L. SCHWALB
	137	+	ATTORNEY GENERAL
	138	+	LEGAL COUNSEL DIVISION
	139	+	MEMORANDUM
	140	+	TO: Dan Emerine
	141	+	Legislative Director
	142	+	***
	143	+	Department of Energy and Environment
	144	+	FROM: Megan D. Browder MD8
	145	+	Deputy Attorney General
	146	+	Legal Counsel Division
	147	+	DATE: June 27, 2023
	148	+	PRIVILEGED AND CONFIDENTIAL
	149	+	ATTORNEY-CLIENT COMMUNICATION
	150	+	SUBJECT: Legal Sufficiency Review -Draft "Floodplain Review Authority Emergency
	151	+	Amendment Act
	152	+	of 2023," "Floodplain Review Authority Temporary Amendment
	153	+	Act
	154	+	of 2023," "Floodplain Review Authority Emergency Declaration Resolution of
	155	+	2023," and "Floodplain Review Authority Amendment Act of 2023"
	156	+	(AE-23-423 B)
	157	+	This legislation would repeal a recent addition to the District of Columbia Applications Insurance
	158	+	Implementation Act ("Insurance Act").
	159	+	1
	160	+	That act requires the review of building permit applications,
	161	+	subdivision proposals, sewage systems, and more for potential flood hazards.
51	162		2
52		-	(f) The Department of Energy and Environment has historically, pursuant to Mayor’s
53		-	Orders, exercised the authority of the Applications Insurance Act to implement regulations
54		-	relating to flood hazards and safety in the District and has been identified by the Mayor as the
55		-	District coordination agency for the NFIP, as required by FEMA, through the designation of the
56		-	Director of the Department of Energy and Environment as the Floodplain Administrator for the
57		-	District responsible for interacting with FEMA on the development of flood maps and
58		-	implementation of FEMA guidelines related to flood hazards and safety.
59		-	(g) Emergency legislation is necessary to repeal section 6B of the Applications Insurance
60		-	Act (D.C. Official Code § 6-507), thereby clarifying that the Mayor may continue delegating the
61		-	functions of the Applications Insurance Act to the Director of the Department of Energy and
62		-	Environment. This will ensure that the District continues to maintain, and thus obtain the
63		-	benefits of, its membership in the NFIP.
64		-
65		-	Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
66		-	emergency circumstances making it necessary that the Floodplain Review Authority Emergency
67		-	Amendment Act of 2023 be adopted after a single reading.
68		-
69		-	Sec. 4. This resolution shall take effect immediately.
	163	+	The Mayor has delegated
	164	+	administration
	165	+	of the Insurance Act to your Department,
	166	+	3
	167	+	but the Council recently directed the Mayor to
	168	+	move that delegation to the new Department ofBuildings.
	169	+	4
	170	+	This legislation would repeal that direction. It
	171	+	is legally sufficient.
	172	+	5
	173	+	If you have any questions regarding this memorandum, please contact Joshua Turner, Assistant Attorney
	174	+	General, Legal Counsel Division, at (202) 442-9834, or me at (202) 724-5524.
	175	+	MDB/jat
	176	+	1
	177	+	Effective May 26, 1976 (D.C. Law 1-64; D.C. Official Code § 6-50 I et seq.).
	178	+	2
	179	+	See D.C. Official Code§§ 6-501-6-504.
	180	+	3
	181	+	See, e.g., Mayor's Order 2007-61, dated June 14, 2006.
	182	+	4
	183	+	Department of Buildings Establishment Act of 2020, § 50l(b), effective Apr. 5, 2021 (D .C. Law 23-269; 68 DCR 4174).
	184	+	5
	185	+	The repeal of this direction would also make it unnecessary for us to resolve whether that direction impermissibly abridged
	186	+	the Mayor's delegation authority under the Charter.
	187	+	See D.C. Official Code§ 1-204.22(6) (authori zing the Mayor to delegate
	188	+	her functions
	189	+	to "any director of an executive department").
	190	+	1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.
	191	+	C. 20004 Phone (202) 724-5524 Email: megan.browder@dc.gov GOVERNMENT OF THE DISTRICT OF COLUMBIA
	192	+	OFFICE OF THE ATTORNEY GENERAL
	193	+	BRIAN L. SCHWALB
	194	+	ATTORNEY GENERAL
	195	+	LEGAL COUNSEL DIVISION
	196	+	MEMORANDUM
	197	+	TO: Tommy Wells
	198	+	Director
	199	+	***
	200	+	Office of Policy and Legislative Affairs
	201	+	FROM: Megan D. Browder
	202	+	Deputy Attorney General
	203	+	Legal Counsel Division
	204	+	DATE: June 27, 2023
	205	+	PRIVILEGED AND CONFIDENTIAL
	206	+	ATTORNEY-CLIENT COMMUNICATION
	207	+	SUBJECT: Legal Sufficiency Review - Draft "Floodplain Review Authority Emergency
	208	+	Amendment Act of 2023," "Floodplain Review Authority Temporary Amendment
	209	+	Act of 2023," "Floodplain Review Authority Emergency Declaration Resolution of
	210	+	2023," and "Floodplain Review Authority Amendment Act of 2023"
	211	+	(AE-23-423 B)
	212	+	This is to Certify that this Office has reviewed the above-referenced draft
	213	+	legislation and found it to be legally sufficient. If you have any questions in this regard, please do
	214	+	not hesitate to call me at (202) 724-5524.
	215	+	Megan D. Browder
	216	+	2