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Councilmember Brianne K. Nadeau Councilmember Brooke Pinto 2
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Councilmember Matthew Frumin Councilmember Robert White 6
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Councilmember Zachary Parker Councilmember Christina Henderson 10
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Councilmember Janeese Lewis George Councilmember Charles Allen 14
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A B I L L 20
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I N T H E C O U N C I L O F T H E D I S T R I C T O F C O L U M B I A 25
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To require that all lead service lines in the District on both public and private property be 30
replaced with non-lead lines by December 31, 2030, to prohibit the practice of partial 31
lead service line replacements, to prohibit the installation of new lead, brass, or 32
galvanized steel service lines, to require, by October 1, 2024, that owners of private 33
property serviced by a lead service line enroll in the Lead Service Line Replacement 34
Program or replace the lead service line themselves, to prescribe how owners of private 35
property may provide proof to DC Water that their service line does not contain lead, to 36
prescribe how DC Water is to treat properties with service lines of unknown composition, 37
to prescribe acceptable methods of testing service lines for lead, to establish robust notice 38
and public education requirements, to establish the Lead Service Line Replacement 39
Program to provide lead service line replacements at District properties at no cost to the 40
property owner, to establish a schedule by which DC Water is to prioritize properties for 41
lead service line replacements, to establish a high-priority lead service line replacement 42
program to prioritize replacement of lead service lines at child development facilities, 43
multi-unit residential properties, properties that previously underwent a partial lead 44
service line replacement, and homes with emergency service line repairs, to establish 45
plumbing system flushing protocols following a lead service line replacement, to require 46
DC Water to maintain a service line inventory and prescribe the contents of that 47 2
inventory, to mandate that DC Water provide water filtration devices and replacement 48
cartridges to all properties serviced by a service line made of lead or of unknown 49
composition until at least 6 months after the property’s lead service line is replaced, to 50
require that, as a condition of a real property sale or transfer, a purchaser enroll in the 51
Lead Service Line Replacement Program or replace the lead service line, to authorize 52
occupants, including a tenant, to enroll in the Lead Service Line Replacement Program 53
on behalf of a property owner, to prescribe certain rights and protections for occupants 54
residing at a property serviced by a lead service line, to require that the Department of 55
Energy and Environment engage community-based organizations (“CBO”) to review 56
contractor lead service line replacements, to set deadlines for residents to comply with the 57
requirements of this act, to prescribe notice and DC Water and CBO outreach 58
requirements where a property owner has not complied with the requirements of this act 59
by a date certain, to prescribe penalties, including fines and restrictions on access to 60
District-issued permits and licenses where a property owner has not complied with the 61
requirements of this act by a date certain, to prescribe the manner in which information 62
about the Lead Service Line Replacement Program, lead exposure risks, and other 63
information is to be shared with the public via a public education campaign, to set data 64
reporting requirements on spending, program administration, and property owner 65
compliance with this act, to clarify that District and federal funding for lead service line 66
replacements shall not be used for water main replacements unless DC Water determines 67
the lead service line replacement would cause the main to fail, and to require the Mayor 68
to issue regulations to implement this act; and, to amend the Fiscal Year 2005 Budget 69
Support Act of 2004 to remove language establishing the Lead Pipe Replacement 70
Assistance Program and permitting, in certain instances, DC Water from completing 71
partial lead service line replacements, and to amend permissible uses of the Lead Service 72
Line Priority Replacement Assistance Fund. 73
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 75
act may be cited as the “Lead-Free DC Omnibus Amendment Act of 2025”. 76
TITLE I. LEAD SERVICE LINE REPLACEMENTS. 77
Sec. 101. Definitions. 78
(a) “Adequate proof” means test-pitting or inspection of a service line: 79
(1) At a minimum of one location on the service line on public property and one 80
location on private property, each excavation covering at least two feet of the service line; and 81
(2) Undertaken by a licensed and certified plumber. 82
(b) “Child development facility” means a licensed community-based center, home, or 83
other structure, regardless of its name, that provides care, supervision, guidance, and other 84 3
services for infants, toddlers, and preschoolers on a regular basis. The term “child development 85
facility” does not include a child development center or program that is sponsored or run by a 86
public or private school. 87
(c) “Census block group” means geographic scale at which the Census Bureau reports 88
data from the American Community Survey, consisting of 600 to 3,000 individuals on average. 89
(d) “Community-based organization” means an organization operated by a nonprofit 90
entity or faith-based organization that provides services to residents of the District. 91
(e) “Historic brass service line” means those service lines that DC Water had identified as 92
brass based on existing service line data, plumbers’ records, home build dates, information on 93
known and likely locations of brass service lines, or combined with tap cards and other 94
engineering project data but have not been field-verified; 95
(f) “Historic copper service line” means those service lines that DC Water had identified 96
as copper based on existing service line data, plumbers’ records, home build dates, information 97
on known and likely locations of copper service lines, or combined with tap cards, and other 98
engineering project data but have not been field-verified; 99
(g) “Lead service line” means a water service line containing any lead, and shall include 100
a: 101
(1) Brass service line; or 102
(2) Galvanized service line. 103
(h) “Multi-unit residential property” means a residential building with 2 or more dwelling 104
units. 105
(i) “Public property” means all lands, properties, and holdings owned or leased by or 106
under the control of the District, and shall include properties under the control of the District of 107
Columbia Housing Authority. 108 4
(j) “Public space” means all the publicly owned property between the property lines on a 109
street, as such property lines are shown in the records of the District, and includes any roadway, 110
tree space, sidewalk, or parking between such property lines. 111
(k) “Private property” means all lands, properties, and holdings owned by private entities 112
in the District, and shall include federal properties on District land. 113
(l) “Private space” means the bounds of all privately owned property as demarcated by 114
the property lines on a street, as such property lines are shown in the records of the District. 115
(m) “Property line” means the line of demarcation between privately owned property 116
fronting or abutting a street and the publicly owned property in the line of such street. 117
(n) “Replacement of a lead service line” means: 118
(1) Replacement of all portions of a service line with a non-lead material where 119
the service line is a lead service line; 120
(2) Replacement and leveling of dirt and soil displaced during excavation and 121
replacement landscaping as required under this act; 122
(3) Replacement or restoration of interior and exterior walls and floors damaged 123
or demolished during replacement of a lead service line to a safe and habitable condition; 124
(4) Flushing household plumbing according to AWWA C810-17, or any standard 125
that revises or replaces this standard deemed to be equally or more protective, prior to returning 126
property to water service after the lead service line replacement; and 127
(5) Provision of filters in accordance with section 108 of this act. 128
(o) “Service line” means all portions of a water service line in both public and private 129
space, including the discharge of the corporation fitting to customer site piping, to the building 130
plumbing at the first shut-off valve inside the building, or 18 inches inside the building, 131
whichever is shorter, and including goosenecks and pigtails. 132 5
(p) “Service line of unknown composition” means a service line that: 133
(1) Is made of an unknown material, unidentified material, or materials 134
categorized as historic brass or historic copper; 135
(1) Has not been replaced by an approved contractor; and 136
(2) Has not had the service line composition assessed using testing pitting. 137
(q) “Test pitting” means excavation to expose a section of water service to determine the 138
location, size, and material type of existing water services. 139
Sec. 102. Lead service line mandates. 140
(a) The District of Columbia Water and Sewer Authority shall, by December 31, 2030: 141
(1) Replace all lead service lines in public and private space servicing private 142
properties; 143
(2) Be in receipt of written declaration from a licensed and approved contractor 144
that the property is not serviced by a lead service line; or 145
(3) Have a verified inventory record, including photographic evidence, for every 146
service line in the district documenting that no portion of the service line contains lead, brass, or 147
galvanized steel piping components. 148
(b) The Mayor shall replace all lead services line in public and private space on public 149
property, including property under the control of the District of Columbia Housing Authority, by 150
December 31, 2030. 151
(c) As of the effective date of this act, no public or private entity or person in the District 152
shall: 153
(1) Replace the portion of a service line that is in the public space at a property 154
unless it also replaces the portion of the lead service line that is in private space; or 155 6
(1) Replace the portion of a service line that is in private space at a property 156
unless it also replaces the portion of the lead service line that is in the public space; or 157
(d) No service line shall be installed in the District that contains lead, brass, or galvanized 158
steel piping components. 159
Sec. 103. Lead service line replacements at private properties. 160
(a) On or before October 1, 202, the owner of private property in the District (“property 161
owner”) shall: 162
(1) If the private property is serviced by a lead service line or service line of 163
unknown composition: 164
(A) Enroll in the Lead Service Line Replacement Program pursuant to 165
Section 104 of this act; or 166
(B) Replace the service line themselves in accordance with subsection (b) 167
of this section; or 168
(2) If the private property is not serviced by a lead service line, comply with 169
subsection (c) of this section. 170
(b)(1) Where the property owner elects to replace the lead service line themselves, the 171
property owner shall: 172
(A) Complete the replacement using an approved contractor within 1 year 173
of receipt of notice from DC Water provided pursuant to subsection (d) of this section; 174
(B) Pay all costs for the lead service line replacement; and 175
(C) Provide DC Water with proof that the lead service line has been 176
replaced. 177
(2)(A) Proof provided to DC Water pursuant to paragraph (1)(C) of this 178
subsection shall include at a minimum, in original or copy: 179 7
(i) The permit issued to a contractor approved by DC Water to 180
complete lead service line replacement work; 181
(ii) An invoice from the contractor who completed the work; 182
(iii) The estimate along with any report of the work completed; and 183
(iv) An inspection report, including photos that can be uploaded 184
into DC Water’s inventory database, verifying the replacement and the composition of the new 185
service line. 186
(B) DC Water shall post on its website information on how residents may 187
comply with this paragraph, including posting examples of each of the documents required under 188
subparagraph (A) and a means for uploading documents directly to the agency’s Geographic 189
Information System database or other similar database. 190
(4)(A)(i) DC Water shall publish on its website a list of approved contractors for 191
property owners to use for the replacement of a lead service line. The list shall be updated at 192
least once per fiscal year. 193
(ii) If a property owner seeks to use a contractor not on the list 194
required by subparagraph (A)(i) of this paragraph, the property owner shall first receive written 195
approval from DC Water to use that contractor. 196
(B) At least biannually, DC Water shall make available free trainings to 197
employees of approved contractors on proper execution of lead service line replacements, test 198
pitting, flushing, the risks posed by lead service lines and exposure to lead in water, especially to 199
fetuses and young children, the requirements of this act, and the Lead Service Line Replacement 200
Program. 201
(C)(i) A contract for a lead service line replacement where a property 202
owner elects to pay for the lead service line replacement themselves shall specify that: 203 8
(I) The composition of the service line will be assessed 204
using test pitting or inspection; 205
(II) The timeline for the replacement; 206
(III) Replacement of a lead service line means removal and 207
replacement of all portions of a service line in both public and private space, including the 208
discharge of the corporation fitting to customer site piping, to the building plumbing at the first 209
shut-off valve inside the building, or 18 inches inside the building, whichever is shorter, and 210
including goosenecks and pigtails; and 211
(IV) The contract will flush the household plumbing according to 212
AWWA C810-17, or any standard that revises or replaces this standard deemed to be 213
equally or more protective, prior to returning property to water service after the lead 214
service line replacement.(ii) DC Water shall post on the agency website a sample 215
contract. 216
(5) DC Water may grant an owner electing to replace the lead service line 217
themselves with extension of up to two years to complete the replacement where the property 218
owner demonstrates to DC Water that the property owner has made good faith effort to comply 219
with the act, and the replacement has been scheduled within the extension period. 220
(c)(1) Where a property is, according to DC Water’s database, not serviced by a lead 221
service line and: 222
(A) Where the lead service line was replaced pursuant to subsection (b) of 223
this section, the property owner shall provide written proof to DC Water that all sections of the 224
service line have been replaced by an approved contractor with materials not containing lead. 225
Proof under this subparagraph may include: 226 9
(i) Documentation, including photos, from a licensed and certified 227
plumber providing adequate proof that the property is not serviced by a lead service line; or 228
(ii) Evidence that the lead service line was previously replaced by 229
an approved contractor. 230
(B)(i) Where DC Water has proof verifying that the property is not 231
serviced by a lead service line, DC Water shall not require that the property owner provide 232
documentation that their property is not serviced by a lead service line. 233
(ii) For these properties, on or before October 1, 2023, DC Water 234
shall provide written confirmation to the property owner of which parts of the service line, if any, 235
the agency has determined are non-lead, and, where all portions of the service line are confirmed 236
non-lead, that the property owner is not required to submit additional proof to DC Water to 237
comply with this act. 238
(C) Where DC Water does not have proof verifying that the property is not 239
serviced by a lead service line, DC Water shall: 240
(i) Treat the property as served by a service line of unknown 241
composition until in receipt of proof; and 242
(ii) Request proof of the property owner. 243
(2) For the purposes of this subsection, “proof” means materials that provide 244
physical verification that the property is not serviced by a lead service line, and shall include 245
photos of the service line, contractor records and invoices, and as-built drawings, blueprints, or 246
other similar records for the property; provided that, DC Water may limit use of certain records 247
based on accuracy and reliability. 248
(d)(1) Where a service line is tested and found to contain any amount of lead, the 249
property shall be designated and treated by DC Water as a property serviced by a lead service 250 10
line, even where the property has previously undergone a lead service line replacement or other 251
lead mitigation. Where DC Water determines that the status of a property’s service line is to 252
change from non-lead to lead, DC Water shall provide written notice to the property within 10 253
days of learning that the service line contains lead. 254
(2)(A) DC Water shall accept the results of the following tests to determine 255
whether a non-lead service line contains lead: test pitting, scratch testing, magnet testing, surface 256
swabbing, tap sampling (flushed, sequential, or targeted), traditional or vacuum excavation, or 257
other methods as approved by the Department of Energy and Environmental or DC Water. 258
(e)(1) On or before October 1, 2023, DC Water shall provide notice to the property 259
owners of all properties with known lead services lines and service lines of unknown 260
composition of the requirement that the property owner enroll in the Lead Service Line 261
Replacement Program or replace the service line pursuant to subsection (b) of this section. 262
Notice to owners under this subsection shall include: 263
(A) A statement that no level of lead exposure is safe, that all people 264
exposed to lead are at risk, the specific health risks to children from lead exposure, and that 265
replacement of lead service lines is the only way to fully prevent harm to persons from drinking 266
water delivered through lead service lines; 267
(B) A description of property owners’ options for complying with this 268
Act; 269
(C) A description of the lead service line replacement process and 270
anticipated timeline per the prioritization model developed pursuant to Section 105 of this act; 271
(D) Information on the importance of filtering drinking water provided to 272
the property by a lead service line, how the property owner or occupants at the property may 273 11
access filtration devices, potential sources of lead in household plumbing other than a service 274
line, and how the property owner or occupant at the property may safely use filtration devices; 275
(E) For properties serviced by service lines of unknown composition or 276
service lines without reliable documentation that they do not contain lead, information on how 277
their service line will be assessed, the limitations of at home testing methods, and the importance 278
of using filtration devices for at least six months after the service line is replaced to filter any 279
drinking water delivered through service lines at the property; 280
(F) Notice that a property owner may test their service line using the 281
methods described at subsection (d) and submit that test result to DC Water to confirm their 282
service line contains lead, and information on why such testing is insufficient to confirm that the 283
service line does not contain lead; and 284
(G) Website and contact information that property owners may use to 285
learn more about lead service line replacement and express concerns or questions. 286
(f)(1) DC Water shall determine that a lead service line is non-lead only using test pitting 287
and where the agency is in receipt of adequate proof. The results of other testing methods shall 288
not be dispositive on whether a property is serviced by a lead service line for the purposes of this 289
act. 290
(2) To assist private property owners who elect to replace a service line 291
themselves pursuant to section 103(b) of this act, DC Water shall post on the agency website 292
guidance for residents on what should be included in a contract for a lead service line 293
replacement, including: 294
(A)(i) A sample contract for a lead service line replacement; 295
(ii) A blank template contract for a lead service line replacement; 296
and 297 12
(iii) Information on what must be included in the terms of the 298
contract, including the elements listed at subsection (b)(4)(C). 299
(B) Fact sheets and other documentation outlining the health consequences 300
of lead exposure for children and adults. 301
Sec. 104. Lead Service Line Replacement Program. 302
(a)(1) On or before October 1, 2024, the District of Columbia Water and Sewer Authority 303
(“DC Water”) shall establish a Lead Service Line Replacement Program (“Program”), which 304
shall provide for the replacement of all portions of a lead service line servicing eligible private 305
properties at no cost to the property owner 306
(2) DC Water shall schedule replacements according to the prioritization method 307
described in section 105 and as otherwise required by this act. 308
(b)(1) DC Water shall deem a property eligible for the Program where the property owner 309
completes and submits to DC Water a right to entry form (“form”) consenting to provide 310
approved contractors and community-based organizations engaged pursuant to section 111 of 311
this act access to the property to undertake a service line replacement and remedial work 312
necessary to return the property to its original state. 313
(c)(1) The form shall be developed by DC Water in consultation with the Department of 314
Buildings, and shall: 315
(A) Be written at no more than a 5th grade reading level and be translated 316
into any non-English language spoken by a limited or no-English proficient population that 317
constitutes 3% or 500 individuals, whichever is less, in the District of Columbia; and 318
(B) Be made available online on the DC Water and Department of 319
Buildings website, accessible by both mobile phone and computer, and hard-copy format at at 320
least all District public library facilities, recreation centers, and police precincts. 321 13
(2) Prior to its finalization, DC Water shall test the form with at least one focus 322
group made up of District residents reflecting the demographic and cultural diversity of the 323
District. 324
(d) DC Water shall provide copies of submitted forms to the Rental Accommodation 325
Division in the Department of Housing and Community Development. 326
(e)(1) DC Water shall provide notice to property owners and all occupants at the property 327
of the date of the planned lead service line replacement at least 1 year, 1 month, and 3 days 328
before the scheduled date of the replacement. 329
(2) Where a lead service line replacement at a private property is scheduled by 330
DC Water for a date less than 1 year after the effective date of this act, DC Water shall provide 331
notice to the property owner of the date of the planned lead service line replacement within 1 332
month after the effective date of the act. 333
(3)(A) Notice under this subsection shall include phone calls, text messages, 334
emails, and door hangers, where DC Water has the information necessary to contact the property 335
owner and occupant via those means. 336
(B) For the purposes of compliance with this subsection, DC Water shall 337
utilize existing customer account data, including customer addresses, phone numbers, and email 338
addresses provided to DC Water for billing purposes, and shall furnish this data to community-339
based organizations engaged under this Act to support outreach and engagement with residents. 340
(f) DC Water shall pay all costs to replace a lead service line, including all costs to 341
determine the composition of the service line, replace the lead service line, and any remedial 342
work necessary to return the property to its original condition or as close as possible to its 343
original condition. 344 14
(g)(1) DC Water shall contract with approved contractors to undertake lead service line 345
replacements under the Program. 346
(2)(A) DC Water shall submit to the Council a Standard Operating Procedure for 347
contracts for lead service line replacement services, which shall include clearly defined roles and 348
responsibilities for DC Water staff and contractors, and planned timelines and sequence of events 349
to implement all the provisions of this act, including public notice requirements, flushing 350
protocols, filter distribution, property and landscape restoration, and data collection and 351
reporting. 352
(B) The Standard Operating Procedure shall not be effective until 353
approved by the Council. 354
(3) DC Water shall include the following in any contract for lead service line 355
replacement services: 356
(A) Consent by the contractor to: 357
(i) Monthly coordination meetings with the DC Water program 358
manager or project staff and other contractors to identify opportunities and challenges for 359
improving the lead service line replacement process; 360
(ii) Real-time review by DC Water and a community-based 361
organization (“CBO”) pursuant to section 111 of this act of the contractor’s work under the 362
contract, 363
(iii) Payment of invoices only upon a finding by DC Water or the 364
CBO that all program elements are implemented as required under the Act and per contract 365
specifications; 366 15
(B) The approved Standard Operating Procedure developed pursuant to 367
paragraph (2), with language clearly denoting contractor responsibilities under the Standard 368
Operating Procedure, included as terms of the contract; 369
(C) Language clearly stating: 370
(I) That the composition of all service lines will be assessed 371
using test pitting and so as to establish adequate proof; 372
(II) The agency’s definition of lead service lines, which 373
shall conform with section 101(n) of this act; and 374
(III) A list of the work expected of the contractor to replace 375
the lead service line, which shall include and conform with all elements listed at section 101(o) 376
of this act; and 377
(D) A requirement that all service line data are properly entered in DC 378
Water’s database or otherwise submitted to DC Water per their explicit direction. 379
(E) Summaries of monthly coordination meetings with the DC Water 380
program manager or project staff and other contractors to identify opportunities and challenges 381
for improving the lead service line replacement process. 382
(4) DC Water shall revise all agency regulations, protocols, and policies to be 383
consistent with this act and the Standard Operating Procedure. 384
385
Sec. 105. Prioritization 386
(a)(1) On or before October 1, 2024, the District of Columbia Water and Sewer Authority 387
(“DC Water”) shall develop and publish on the agency website a priority schedule for lead 388
service line replacements at the census block group scale through the Lead Service Line 389
Replacement Program (“priority schedule”) in accordance with this section. 390 16
(2) DC Water shall score blocks for replacement under the priority schedule as 391
follows: 392
Parameter Description Weight
Consequences of Lead US Census American Community Survey Data
on the percentage of Black or African
American Households in the Census Block
Group
1.5
US Census American Community Survey Data
on the average median income in the Census
Block Group
1.5
The number of children 5 years and under in
the Census Block Group
2
Service Line Material Probability of lead, brass, or galvanized
service line at each property, averaged across
the Census Block Group
5
(3) For purposes of scoring the probability of lead in a service line material in the 393
priority schedule, DC Water shall assess the following scores: 394
(A) For lead and galvanized service lines, 10; 395
(B) For service lines of unknown composition, 5; 396
(C) For historic brass service lines, 4.7; 397
(D) For historic copper service lines, 2; and 398
(E) For other or non-lead service lines; 0. 399
(4) DC Water shall update the priority schedule at least annually. 400
(b)(1) On or before October 1, 2024, DC Water shall establish a high-priority lead service 401
line replacement program (“high-priority program”). DC Water shall replace all lead service 402
lines servicing these properties by October 1, 2025. 403
(2) Properties in the high-priority program shall include: 404
(A) Child development facilities (“facilities”); 405
(B) Multi-unit residential properties; 406 17
(C) Properties that previously underwent a partial lead service line 407
replacement; and 408
(D) Homes with emergency service line repairs or other urgent unplanned 409
work requiring replacement of any portion of a lead service line. 410
(3)(A) For facilities that come online after October 1, 2024: 411
(i) The Office of the State Superintendent of Education shall 412
provide written notice to DC Water that the facility is opening; and 413
(ii) DC Water shall replace lead service lines if present at these 414
properties within 1 year after receipt of the notice provided under this subparagraph. 415
(B) Written notice under subparagraph (A)(i) may also be submitted to DC 416
Water by the facility or the parent or guardian of an enrollee, where the facility or parent or 417
guardian provides DC Water with evidence of the child development facilities’ opening date and 418
a point of contact, including a phone number or email address, for the child development facility. 419
Sec. 106. Post-replacement flushing protocol. 420
Upon receipt of confirmation from a contractor of the completion of a lead service line 421
replacement, DC Water shall: 422
(1) As soon as possible, and before restoring water service after a lead service line 423
replacement: 424
(A) Flush the plumbing system at the property or provide the property 425
owner and current occupants with instructions on how to flush the plumbing system; and 426
(B) Provide, install, and/or maintain filtration device, providing a 6 month 427
supply of filter cartridges and education on how and why it is important to maintain the filter for 428
6 months following lead service line replacement. 429 18
(2) Maintain and replace filter cartridges provided to occupants pursuant to 430
section 108 of this act for at least six months following the lead service line replacement. 431
Sec. 107. Service line inventory. 432
DC Water shall maintain an inventory that identifies the material of all service lines 433
serving District properties. The inventory shall be made available to the public on the DC Water 434
website, and include, where in DC Water’s possession: 435
(1) For each property with a service line: 436
(A) The current material composing all portions of the service line, broken 437
down by composition of the service line in public space and private space; 438
(B) The date the service line was replaced or verified, if any; and 439
(D) Photos or other copies of written documentation provided to the 440
property owner or occupants confirming the service line material, where available; and 441
(2) Information on service line replacement practices, including for each property 442
that has had a lead service line replaced: 443
(A) The composition of the service line material removed; 444
(B) Date of the removal, if known; 445
(C) Data on whether the replacement was of the entire service line or only 446
the portion of the line in the public space or private space; 447
(D) Photos of the verified pipe material prior to replacement, where made 448
available to DC water; 449
(E) Photos of the completed service line replacement, where made 450
available to DC Water; and 451 19
(G) Photos or scanned documents of contractors’ certifications, with the 452
contractor’s signature, that flushing was completed in accordance with AWWA C810-17 and 453
that the occupant was provided a filter before restoring water service. 454
Sec. 108. Water filters. 455
(a) Within 14 days after providing notice to an owner of a residential property pursuant to 456
Section 103(e) of this act, the District of Columbia Water and Sewer Authority (“DC Water”) 457
shall provide at no cost: 458
(1) Pitcher-style filters as follows: 459
(A) For single family properties, one pitcher and at least a 6 month supply 460
of filter cartridges; and 461
(B) For multi-unit residential properties, at least one filter unit per unit; or 462
(2) Point-of-use filters for all drinking water sources; and 463
(b)(1)(A) Filters provided pursuant to this section shall meet the current NSF/ANSI 42 464
standard for particulate Class I reduction and the NSF/ANSI 53 standard for lead reduction, or 465
any standard that revises or replaces this standard deemed to be equally or more effective at lead 466
reduction. 467
(B) The Department of Energy and Environment may issue regulations to 468
adopt different standards for filters from those established by this section, where the different 469
standard meets or exceeds the NSF/ANSI 42 standard for particulate Class I reduction and the 470
NSF/ANSI 53 standard for lead reduction. 471
(2) DC Water shall replace a broken filter, upon notice from the property owner 472
or occupant. DC Water may require a property owner to return the broken filter or provide other 473
evidence that the filter is broken to the agency. 474 20
(c)(1) DC Water shall provide a property owner or occupant eligible to receive filters 475
under subsection (a) of this section with filter cartridge replacements in a volume or frequency 476
such that the property owner or occupant can replace the filter cartridge in accordance with 477
manufacturer’s recommendations until the lead service line is replaced and for 6 months 478
afterwards; or 479
(2) DC Water shall prepare an automated customer alert system that reminds 480
residents about filter change schedules via their designated preferred communication method 481
with the agency. 482
(d) The Mayor shall make pitcher-style filters and filter cartridges available to all 483
enrollees in the Special Supplementation Nutrition Program for Women, Infants, and Children 484
and the Supplemental Nutrition Assistance Program, regardless of whether the enrollee’s 485
residence is served by a lead service line. 486
Sec. 109. Real property sales and transfers. 487
(a) As a condition of sale or transfer of any real property in the District of Columbia 488
serviced by a lead service line or, the buyer shall, prior to closing: 489
(1)(A)(i) Enroll in the Lead Service Line Replacement Program; and 490
(ii) Complete and submit to DC Water a right to entry form 491
agreeing to allow authorized contractors access to the property to undertake the replacement and 492
any necessary remedial work; or 493
(B) Comply with section 103(b) and (c) of this act; and 494
(2) Request from DC Water and include with closing documents documentation 495
of the property being serviced by a non-lead service line or of DC Water’s schedule for lead 496
service line replacement at property. 497 21
(b) DC Water shall provide the documentation listed at subsection (a)(2) within 7 days of 498
receiving the request. 499
Sec. 110. Rental properties. 500
(a)(1)(A) A current occupant, including a tenant, may submit the right to entry form 501
(“form”) described at section 104(b) of this act on the property owner’s behalf; provided, that the 502
current occupant shall provide DC Water with proof that the individual currently resides at the 503
property. 504
(B) Where DC Water receives a form from an occupant, but DC Water has 505
knowledge that the property owner has complied with section 103 of this act, DC Water shall not 506
enroll the property in the Lead Service Line Replacement Program and shall provide notice to 507
the occupant that submitted the form of the property owner’s compliance with section 4(b) of 508
this act. 509
(2)(A) Where, pursuant to section 104 of this act, a property owner fails to submit 510
the right to entry form (“form”) to DC Water by January 1, 2025, or comply with section 103(b) 511
this act, DC Water shall attempt to contact current occupants at the property, including a tenant, 512
to request that an occupant submit the form by June 1, 2025. 513
(B) If, by June 1, 2025, DC Water has not received the form from the 514
property owner or occupant, nor has other knowledge of the property’s owner’s compliance with 515
section 103(b) of this act, DC Water shall engage a community-based organization to perform 516
outreach to the owner and occupant to address their concerns about replacement. 517
(3) Where the form is provided to DC Water by a current occupant, no liability 518
shall incur to the occupant, DC Water, DC Water’s contractors, or the District for the 519
replacement of the lead service line, where the replacement is completed by an approved 520
contractor. 521 22
(b) A landlord shall reimburse tenants for relocation expenses where a lead service line 522
replacement requires the tenant to leave the property overnight or for a longer period. 523
Reimbursement may be provided by the landlord by direct payment to the tenant or as a 524
reduction in the amount of the tenant’s rent owed. 525
(c) A landlord may not use costs associated with a lead service line replacement or the 526
benefits of having a non-lead service line as a basis for increasing rent for current tenants. 527
(d)(1) Where, on October 1, 2026, the owner of a multi-unit residential property has 528
failed to comply with Section 103(a) or (b) of this act, a tenant residing at that property or a 529
tenants’ rights organization may bring an action in the Superior Court to recover or obtain the 530
following: 531
(A) Equitable relief, including requiring the landlord to complete the lead 532
service line replacement by a date certain; 533
(B) Incidental and compensatory damages; and 534
(C) Reasonable attorney’s fees and costs. 535
(e) For the purposes of this subsection: 536
(1) “Landlord” shall include the District of Columbia Housing Authority 537
(“DCHA”); 538
(2) “Relocation expenses” shall have the same meaning as at D.C. Official Code § 539
8-231.01(33); and 540
(3) “Tenant” shall include residents at a facility owned or under the control of 541
DCHA. 542
Sec. 114. Contractor work verifications. 543
(a) The District Department of Energy and Environment (“DOEE”) shall engage at least 544
one community-based organization (“CBO”) to review lead service line verifications and 545 23
replacements undertaken pursuant to this act for compliance with the act, the project contractor’s 546
contract with the District, DC Water, or property owner, and Districts laws and regulations. 547
(b) The CBO engaged by DOEE under subsection (a) of this section shall review at 548
random at least 5% of each approved contractor’s lead service line replacements in a given 549
month. The CBO shall directly observe the contractor’s work to verify service line material and, 550
where appropriate, replace the service line at these properties. 551
(c)(1) The CBO shall report results of its reviews to DOEE, DC Water, and the Council 552
monthly, and those reports shall include recommendations for additional contractor training, 553
where deemed necessary. 554
(2) Where the CBO provides 3 reports in a calendar year pursuant to paragraph 555
(1) that include findings of material errors in a particular contractor’s work, DC Water shall 556
terminate any contracts with that contractor and remove them from the approved contractor list. 557
Sec 112. Compliance. 558
(a)(1) The Mayor shall contract with community-based organizations (“CBO)”) to 559
provide public education on the risks posed by lead service lines and exposure to lead in water, 560
especially to fetuses and young children, the requirements of this act, the Lead Service Line 561
Replacement Program (“Program”), and access to and proper usage of lead filters. 562
(2) Where, as of April 1, 2024, a property owner has failed to comply with section 563
103(a) of this act: 564
(A) DC Water shall contact the property owner via email and telephone 565
about the Program, including the requirements under this act, the Program, including how to 566
enroll, access to and proper usage of lead filters, and the risks posed by lead service lines and 567
exposure to lead in water; and 568 24
(B)(i) DC Water shall provide the name and contact information of the 569
property owner to CBOs with a contract for public education pursuant to this subsection; and 570
(ii) CBOs shall directly engage those property owners about the 571
requirements on the Act, the Program, including how to enroll, access to and proper usage of 572
lead filters, and the risks posed by lead service lines and exposure to lead in water. 573
(b)(1) Where, as of October 1, 2025, a property owner has failed to comply with section 574
103(a) or (b) of this act, the Mayor shall fine the property owner at least $250 per month until the 575
property owner is in compliance. 576
(A) Where the property is a residential property with multiple units, this 577
fine shall be assessed against the property owner per unit. 578
(B) The Mayor may forgive fines under this paragraph where the property 579
owner provides evidence to the Mayor that the lead service line replacement at the property has 580
been scheduled. 581
(2) If, by October 1, 2026, a property owner assessed fines pursuant to this 582
subsection submits proof to the District of Columbia Water and Sewer Authority of the 583
replacement of the lead service line in accordance with section 103(c) of this act, the Mayor may 584
reduce or forgive the amount of fines assessed to that property owner. 585
(c) Where, as of October 1, 2026, a property owner has failed to comply with section 586
103(a) or 4(b) of this act, the Mayor shall deem the property owner ineligible to: 587
(1) For commercial properties, receive or renew a business license to operate a 588
business on the property; 589
(2) For residential properties, receive or renew a certificate of occupancy for any 590
structure on the property; and 591 25
(3) For all property types, obtain a permit to perform construction or 592
improvements on the property unless the permit is for replacement of the lead service line. 593
(d)(1) Where, as of October 1, 2027, a property owner has failed to comply with section 594
103(a) and (b) of this act, the Attorney General of the District of Columbia may initiate a civil 595
action against the property owner to compel the property’s owner’s compliance with the act. 596
(2) In a civil action initiated by the Attorney General for violations of this section, 597
the Attorney General may obtain equitable relief, civil penalties up to $5,000 per residential unit 598
at the property, and reasonable fees and costs. 599
Section 113. Public education. 600
(a)(1) By October 1, 2024, the District of Columbia Water and Sewer Authority (“DC 601
Water”) and the Department of Energy and Environment (“DOEE”) shall, in consultation with 602
District community-based-organizations (“CBO”) that have a focus on mitigating lead in water, 603
environmental health, and child welfare, launch a public education and outreach campaign on the 604
risks posed by lead service lines and exposure to lead in drinking water, especially to fetuses and 605
young children, the requirements of this act, the Lead Service Line Replacement Program 606
(“Program”), access to and proper usage of lead filters, and the District’s lead registry. 607
(2) DC Water or DOEE shall present at at least one meeting of each Advisory 608
Neighborhood Commission as part of this public outreach campaign. 609
(3) In developing the public outreach campaign, DC Water and DOEE shall 610
prioritize outreach to the following: 611
(A) Pregnant women and women of child-bearing age; 612
(B) Seniors and senior centers; and 613
(C) Residential properties that have undergone a partial lead service line 614
replacement and are still served by a lead service line. 615 26
(b) The Mayor shall post in a conspicuous location at all District of Columbia Public 616
Library libraries, Department of Parks and Recreation recreational facilities, District of 617
Columbia Schools public schools, Metropolitan Police Department precincts, and Washington 618
Metropolitan Area Transit Authority stations signage on the requirements of this act and the 619
Program, including a method for residents to access the Program website and a telephone 620
number through which residents may learn about the Program. 621
(c) All communications to property owners and occupants under this act shall be 622
available in print format and web format accessible by both mobile phone and computer, and 623
written at no more than a 5th grade reading level and be translated into any non-English language 624
spoken by a limited or no-English proficient population that constitutes 3% or 500 individuals, 625
whichever is less, in the District of Columbia. 626
Sec. 114. Reporting. 627
(a) By October 1, 2024, DC Water and Mayor shall submit to the Council a report with 628
the following information: 629
(1) An updated budget and schedule through fiscal year 2030 for the replacement 630
of all lead service lines in the District, including estimated program costs for all District 631
agencies; 632
(2) A schedule and map or maps showing, in sequence, planned lead service line 633
replacements under the Lead Service Line Replacement Program established under section104, 634
by census block group, and under the high-priority program established at section 105(b) of this 635
act. 636
(3) The number of lead service lines remaining in the District and the total 637
number of private property owners who have received notices of unknown or lead service lines 638
on their property pursuant to this act, broken down by: 639 27
(A) Ward; 640
(B) Census tract; 641
(C) Advisory Neighborhood Commission; 642
(D) Commercial versus residential property; and 643
(E) For residential properties, whether the property is single occupancy or 644
multi-unit; 645
(4) The number of properties with a partial lead service line replacement, broken 646
down by: 647
(A) Ward; 648
(B) Census tract; 649
(C) Advisory Neighborhood Commission; 650
(D) Commercial versus residential property; and 651
(E) For residential properties, whether the property is single occupancy or 652
multi-unit; 653
(5) A list of contractors approved by DC Water to complete lead service line 654
replacements, and an estimate of the number of contractors needed to replace all lead service 655
lines by 2030. 656
(b) Beginning April 1, 2024, DC Water shall submit quarterly reports to District of 657
Columbia Auditor and Council Committee with jurisdiction over DC Water providing, for the 658
three-month period immediately preceding one month before the report’s due date, the 659
following: 660
(1) An account of DC Water expenses incurred during that period to implement 661
the Program and replace lead service lines, broken down by element in the budget submitted 662
pursuant to subsection (a)(1) of this section, including the program support budget; 663 28
(2) The monthly average cost per lead service line replacement; and 664
(3) The number of lead service lines replaced. 665
(c)(1) On December 1, 2024, and at least each year thereafter: 666
(A) The District of Columbia Water and Sewer Authority (“DC Water”) 667
shall post on the agency website and submit to the Council the following data for the preceding 668
fiscal year: 669
(i) The number of lead service lines replaced to date, those in 670
progress, and the number still to be replaced, including break downs of: 671
(I) The number of child development facilities that have 672
had lead service lines replaced to date, confirmed to be non-lead, those in progress, and the 673
number still to be replaced; and 674
(II) The number of multi-unit residential properties that 675
have had lead service lines replaced to date, confirmed to be non-lead, those in progress, and the 676
number still to be replaced; 677
(ii) The number of service lines of unknown composition that have 678
been assessed since the effective date of this act, the number determined to be lead, confirmed 679
non-lead, and the number yet to be assessed; 680
(iii) The total number of property owners that provided proof of 681
lead remediation compliance under section 103(c) of this act or registered for the Program in 682
accordance with Section 103(a), broken down by: 683
(iv) The number of properties to which DC Water has provided 684
with lead filters and the number eligible for filters but not received them from DC Water; 685
(v) An updated budget, current identified funding levels, and 686
unmet funding needs; and 687 29
(vi) A summary of barriers to implementation of the Program and 688
recommendations for solving or removing these barriers; 689
(B) DC Health shall post on the agency website and submit to the Council 690
data on the number of lead filters that the agency has provided to residents pursuant to this act; 691
and 692
(C) CBOs engaged pursuant to this act may submit to the Council a 693
summary of barriers to implementation of the Program and recommendations for solving or 694
removing these barriers. 695
(2) For the data elements provided under paragraph (1)(A)(i), (ii), (iii), (iv), and 696
(vi), DC Water shall provide the data broken down by: 697
(A) Ward; 698
(B) Census tract; 699
(C) Advisory Neighborhood Commission; 700
(D) Commercial versus residential property; and 701
(E) For residential properties, whether the property is single occupancy or 702
multi-unit. 703
(b) On January 1, 2029, the Attorney General shall post on the agency website and 704
submit to the Council data on the number of property owners against which the Attorney General 705
has brought a claim pursuant to Section 112(d) of this act, and the number of properties and 706
residential units implicated in those claims. 707
(c) By October 1, 2026, the District of Columbia Auditor shall transmit a report to the 708
Council on compliance with this act and the District’s efforts to replace lead service lines by 709
2030. To support this report, DC Water shall provide the Auditor with necessary data, including 710
the data informing the reports submitted to the Council pursuant to subsection (a) of this section. 711 30
(d) DC Water shall retain historical data on the composition of service lines serving 712
private and public properties, in public and private space, and make that data available to the 713
public via the agency website. 714
Sec. 115. Funding. 715
Funds made available from the following sources shall not be used by the District of 716
Columbia Water and Sewer Authority (“DC Water”) to fund water main replacements unless DC 717
Water concludes that a lead service line replacement would cause the failure of the water main: 718
(1) Amounts deposited in the Lead Service Line Replacement Fund; 719
(2) Funds provided to DC Water by the District of Columbia to implement this 720
Act; or 721
(2) Federal funding awarded to DC Water to support lead service line 722
replacements. 723
Sec. 116. Regulations. 724
(e) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 725
Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue 726
rules to implement the provisions of this act. 727
TITLE II. LEAD SERVICE LINE PROGRAM AMENDMENTS 728
Sec. 201. The Fiscal Year 2005 Budget Support Act of 2004, effective December 7, 2004 729
(D.C. Law 15-2005; D.C. Official Code § 34-2151, et seq.), is amended as follows: 730
(1) Section 6012 (D.C. Official Code § 34-2151) to read as follows: 731
“(a) There is established within the General Fund of the District of Columbia a 732
nonlapsing Lead Service Line Priority Replacement Assistance Fund (“Fund”) to be 733
administered by the Mayor, in consultation with the District of Columbia Water and Sewer 734
Authority (“WASA”). 735 31
“(2) There shall be deposited in the Fund the following amounts: 736
“(A) General revenue funds appropriated by a line item in the budget 737
submitted pursuant to § 1-204.46 and authorized by Congress in an appropriations act for the 738
purposes of the Fund; 739
“(B) Grants from any source to the Fund or to the District of Columbia for 740
the purposes of the Fund; 741
“(C) Money allocated to or deposited in the fund by the Mayor, or funds 742
appropriated for the Fund, including capital funds; 743
“(D) Amounts collected as fines and penalties under the Lead Service Line 744
Replacement Omnibus Amendment Act of 2022 (“Act’); and 745
“(E) Interest earned from the deposit or investment of monies of the Fund. 746
“(3) The Fund shall be used to: 747
(A) Until October 1, 2024, to provide grants to eligible District 748
homeowners up to $2,500 to assist them in the replacement of the portion of their lead service 749
line that is located on their private property. 750
“(B) Implement the provisions of the act; and 751
“(C) To support lead service line replacements, including public 752
education, filters, and community engagement. 753
“(4) The Director is authorized to enter into intra-District transfers from the Fund 754
and other agreements with DC Water, District Department of Transportation, Department of 755
Buildings, and Department of Health, as necessary to implement provisions of the act. 756
“(5) Payments to eligible homeowners under paragraph (3)(A) are subject to 757
appropriation and the availability of funds. This section does not establish a right to funds on the 758
part of any person. 759 32
“(6)(A) The money deposited into the Fund shall not revert to the unassigned fund 760
balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any 761
other time, but shall be continually available for the purpose of the Fund, subject to authorization 762
by Congress. 763
“(B) Subject to authorization in an approved budget and financial plan, 764
any funds appropriated in the Fund shall be continually available without regard to fiscal year 765
limitation.”. 766
(2) Effective October 1, 2024, sections 6013, 6014, 6015, 6016, 6017, 6019a, 767
6019b, 6019c, 6019d, and 6019f (D.C. Official Code § 35-1215 through § 35-2156, § 35-2158 768
through § 35-2161, and § 35-2163) are repealed. 769
TITLE III. FISCAL IMPACT AND EFFECTIVE DATE 770
Sec. 301. Fiscal impact statement. 771
The Council adopts the fiscal impact statement in the committee report as the fiscal 772
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 773
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 774
Sec. 302. Effective date. 775
This act shall take effect following approval by the Mayor (or in the event of veto by the 776
Mayor, action by Council to override the veto), a 30-day period of congressional review as 777
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 778
24, 1973 (87 Sat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 779
Columbia Register. 780