District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill PR25-0986 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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8		-	A RESOLUTION
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10		-	25-670
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12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	October 1, 2024
15		-	To declare the existence of an emergency with respect to the need to amend the District of
16		-	Columbia Public Works Act of 1954 to clarify that an owner or occupant of property in
17		-	the District shall pay an impervious area charge that the District of Columbia Water and Sewer Authority d/b/a DC Water (“DC Water”) assesses; and to amend the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996 to clarify that DC Water may assess an impervious area charge on any property in the District.
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19		-	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
20		-	resolution may be cited as the “ CRIAC Clarification Emergency Declaration Resolution of
21		-	2024”.
22		-	Sec. 2. (a) In 2009, the Council passed the Water and Sewer Authority Equitable
23		-	Ratemaking Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17- 30; 56 DCR
24		-	1350), which authorized the District of Columbia Water and Sewer Authority (“DC Water”) to
25		-	use a billing methodology that takes into account the amount of impervious surface on a
26		-	property. Since then, DC Water has been assessing the Clean Rivers impervious area charge (“CRIAC”) against property owners in the District.
27		-	(b) The CRIAC funds upgrade the District’s combined sewer system, as mandated by a
28		-	consent order between the District and the federal government, to prevent overflows during heavy rains that impair the region’s water quality and health. This federally- mandated project is
29		-	known as the Clean Rivers Project.
30		-	(c) Two lawsuits before the D.C. Court of Appeals challenge DC Water’s authority to
31		-	levy the CRIAC against property owners who are not connected to the District’s sewer system. However, the Council did not intend to exempt property owners not connected to the sewer system from the CRIAC. Such property owners – like parking lot owners – still contribute
32		-	substantially to stormwater runoff and the overflow of the District’s combined sewer system. Charging such property owners the CR IAC for their contribution to stormwater runoff equitably
33		-	spreads the burden of upgrading and maintaining the District’s sewer systems. Briefing in one of these appeals is scheduled to close in early November. ENROLLED ORIGINAL
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	4	+	1
	5	+	________________________________ 2
	6	+	Councilmember Charles Allen 3
	7	+	4
	8	+	5
	9	+	6
	10	+	A PROPOSED RESOLUTION 7
	11	+	8
	12	+	_______ 9
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	14	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
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	16	+	________________ 13
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	19	+	To declare the existence of an emergency with respect to the need to amend the District of 16
	20	+	Columbia Public Works Act of 1954 to expressly provide that an owner or occupant of 17
	21	+	property in the District shall pay an impervious area charge that DC Water assesses; and to 18
	22	+	amend the Water and Sewer Authority Establishment and Department of Public Works 19
	23	+	Reorganization Act of 1996 to clarify that DC Water may assess an impervious area charge 20
	24	+	on any property in the District. 21
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	26	+	RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 23
	27	+	resolution may be cited as the “CRIAC Clarification Emergency Declaration Resolution of 2024”. 24
	28	+	Sec. 2. (a) In 2009, the Council passed the Water and Sewer Authority Equitable 25
	29	+	Ratemaking Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-30; 56 DCR 1350), 26
	30	+	which authorized the District of Columbia Water and Sewer Authority (DC Water) to use a billing 27
	31	+	methodology that takes into account the amount of impervious surface on a property. Since then, 28
	32	+	DC Water has been assessing the Clean Rivers impervious area charge (“CRIAC”) against 29
	33	+	property owners in the District. 30
	34	+	(b) The CRIAC funds upgrades the District’s combined sewer system, as mandated by a 31
	35	+	consent order between the District and the federal government, to prevent overflows during heavy 32
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40		-	(d) Emergency legislation is therefore necessary to clarify that DC Water has had the
41		-	authority since 2009 to assess the CRIAC against property owners who are not connected to the
42		-	District’s sewer system.
43		-
44		-	Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute
45		-	emergency circumstances making it necessary that the CRIAC Clarification Emergency
46		-	Amendment Act of 2024 be adopted after a single reading.
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48		-	Sec. 4. This resolution shall take effect immediately.
	38	+	rains that impair the region’s water quality and health. This federally-mandated project is known 33
	39	+	as the Clean Rivers Project. 34
	40	+	(b) Two lawsuits before the D.C. Court of Appeals challenge DC Water’s authority to levy 35
	41	+	the CRIAC against property owners who are not connected to the District’s sewer system. 36
	42	+	However, the Council did not intend to exempt property owners not connected to the sewer system 37
	43	+	from the CRIAC. Such property owners – like parking lot owners – still contribute substantially 38
	44	+	to stormwater runoff and the overflow of the District’s combined sewer system. Charging such 39
	45	+	property owners the CRIAC for their contribution to stormwater runoff equitably spreads the 40
	46	+	burden of upgrading and maintaining the District’s sewer systems. Briefing in one of these appeals 41
	47	+	is scheduled to close in early November. 42
	48	+	(c) Emergency legislation is therefore necessary to clarify the Council’s intent that DC 43
	49	+	Water has had the authority, since 2009, to assess the CRIAC against property owners who are not 44
	50	+	connected to the District’s sewer system. 45
	51	+	Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute 46
	52	+	emergency circumstances making it necessary that the CRIAC Clarification Emergency 47
	53	+	Amendment Act of 2024 be adopted after a single reading. 48
	54	+	Sec. 4. This resolution shall take effect immediately. 49