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District Of Columbia Council Bill PR25-0332

District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0332 Compare Versions

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1- ENROLLED ORIGINAL
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41
52 1
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7-A RESOLUTION
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9-25-230
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11-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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13-July 11, 2023
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16-To declare the existence of an emergency with respect to the need to amend the Freedom of
17-Information Act of 1976 to exempt from disclosure critical infrastructure information or
18-plans that contain critical infrastructure information for the critical infrastructures of the
19-District of Columbia Water and Sewer Authority.
20-
21- RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22-resolution may be cited as the “DC Water Critical Infrastructure Freedom of Information
23-Clarification Emergency Declaration Resolution of 2023”.
24-
25- Sec. 2. (a) Section 204(a)(15) of the Freedom of Information Act of 1976, effective
26-March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 2-534(a)(15)) (“Act”), exempts from
27-disclosure critical infrastructure information or plans that contain critical infrastructure
28-information of companies that are regulated by the Public Service Commission of the District of
29-Columbia (“PSC”).
30- (b) The District of Columbia Water and Sewer Authority (“DC Water”) is not regulated
31-by the PSC and therefore is not covered by the exemption in the Act or any similar exemption.
32-As a result, under current law, DC Water could be required to disclose information that could
33-jeopardize the security of the District’s critical water and sewer infrastructure.
34- (c) The emergency legislation clarifies that the critical infrastructure exemption applies to
35-DC Water, as well as entities regulated by the PSC. Like other utilities, DC Water is party to
36-information related to critical infrastructure that should not be widely available to the public
37-upon a Freedom of Information Act request. The emergency legislation is necessary to limit
38-access to that information and protect the security of the District’s water and sewer
39-infrastructure.
40-
41- Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
42-emergency circumstances making it necessary that the DC Water Critical Infrastructure Freedom
43-of Information Clarification Emergency Amendment Act of 2023 be adopted after a single
44-reading.
45-
46- Sec. 4. This resolution shall take effect immediately.
3+ 1
4+ ______________________________ 2
5+ Councilmember Charles Allen 3
6+ 4
7+ 5
8+ 6
9+A PROPOSED RESOLUTION 7
10+ 8
11+_______ 9
12+ 10
13+ 11
14+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 12
15+ 13
16+______________ 14
17+ 15
18+ 16
19+To declare the existence of an emergency with respect to the need to amend the Freedom of 17
20+Information Act of 1976 to exempt from disclosure critical infrastructure information or 18
21+plans that contain critical infrastructure information for the critical infrastructures of the 19
22+District of Columbia Water and Sewer Authority. 20
23+ RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21
24+resolution may be cited as the “DC Water Critical Infrastructure Freedom of Information 22
25+Clarification Emergency Declaration Resolution of 2023”. 23
26+ Sec. 2. (a) Section 204(a)(15) of the Freedom of Information Act of 1976, effective 24
27+March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 2-534(a)(15)) (“Act”), exempts from 25
28+disclosure under the Act critical infrastructure information or plans that contain critical 26
29+infrastructure information of companies that are regulated by the Public Service Commission of 27
30+the District of Columbia (“PSC”). 28
31+ (b) The District of Columbia Water and Sewer Authority (“DC Water”) is not regulated 29
32+by the PSC, and therefore is not covered by this exemption or any similar exemption. As a result, 30
33+under current law, DC Water could be required to disclose information that could jeopardize the 31
34+security of the District’s critical water and sewer infrastructure. 32
35+2
36+ (c) This emergency legislation clarifies that the critical infrastructure exemption applies 33
37+to DC Water, as well as entities regulated by the PSC. Like other utilities, DC Water is party to 34
38+information related to critical infrastructure that should not be widely available to the public 35
39+upon a Freedom of Information Act request. This emergency legislation is necessary to limit 36
40+access to that information and protect the security of the District’s water and sewer 37
41+infrastructure. 38
42+ Sec. 3. The Council of the District of Columbia determines that the circumstances 39
43+enumerated in section 2 constitute emergency circumstances making it necessary that the DC 40
44+Water Critical Infrastructure Freedom of Information Clarification Emergency Amendment Act 41
45+of 2023 be adopted after a single reading. 42
46+ Sec. 4. This resolution shall take effect immediately. 43