1 | 1 | | _______________________________ _______________________________ 1 |
---|
2 | 2 | | Councilmember Brianne K. Nadeau Councilmember Brooke Pinto 2 |
---|
3 | 3 | | 3 |
---|
4 | 4 | | 4 |
---|
5 | 5 | | _______________________________ _______________________________ 5 |
---|
6 | 6 | | Councilmember Matthew Frumin Councilmember Robert White 6 |
---|
7 | 7 | | 7 |
---|
8 | 8 | | 8 |
---|
9 | 9 | | _______________________________ _______________________________ 9 |
---|
10 | 10 | | Councilmember Zachary Parker Councilmember Christina Henderson 10 |
---|
11 | 11 | | 11 |
---|
12 | 12 | | 12 |
---|
13 | 13 | | _______________________________ _______________________________ 13 |
---|
14 | 14 | | Councilmember Janeese Lewis George Councilmember Charles Allen 14 |
---|
15 | 15 | | 15 |
---|
16 | 16 | | 16 |
---|
17 | 17 | | 17 |
---|
18 | 18 | | 18 |
---|
19 | 19 | | 19 |
---|
20 | 20 | | A B I L L 20 |
---|
21 | 21 | | 21 |
---|
22 | 22 | | ______________________________ 22 |
---|
23 | 23 | | 23 |
---|
24 | 24 | | 24 |
---|
25 | 25 | | 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 |
---|
26 | 26 | | 26 |
---|
27 | 27 | | _______________________________ 27 |
---|
28 | 28 | | 28 |
---|
29 | 29 | | 29 |
---|
30 | 30 | | To require that all lead service lines in the District on both public and private property be 30 |
---|
31 | 31 | | replaced with non-lead lines by December 31, 2030, to prohibit the practice of partial 31 |
---|
32 | 32 | | lead service line replacements, to prohibit the installation of new lead, brass, or 32 |
---|
33 | 33 | | galvanized steel service lines, to require, by October 1, 2024, that owners of private 33 |
---|
34 | 34 | | property serviced by a lead service line enroll in the Lead Service Line Replacement 34 |
---|
35 | 35 | | Program or replace the lead service line themselves, to prescribe how owners of private 35 |
---|
36 | 36 | | property may provide proof to DC Water that their service line does not contain lead, to 36 |
---|
37 | 37 | | prescribe how DC Water is to treat properties with service lines of unknown composition, 37 |
---|
38 | 38 | | to prescribe acceptable methods of testing service lines for lead, to establish robust notice 38 |
---|
39 | 39 | | and public education requirements, to establish the Lead Service Line Replacement 39 |
---|
40 | 40 | | Program to provide lead service line replacements at District properties at no cost to the 40 |
---|
41 | 41 | | property owner, to establish a schedule by which DC Water is to prioritize properties for 41 |
---|
42 | 42 | | lead service line replacements, to establish a high-priority lead service line replacement 42 |
---|
43 | 43 | | program to prioritize replacement of lead service lines at child development facilities, 43 |
---|
44 | 44 | | multi-unit residential properties, properties that previously underwent a partial lead 44 |
---|
45 | 45 | | service line replacement, and homes with emergency service line repairs, to establish 45 |
---|
46 | 46 | | plumbing system flushing protocols following a lead service line replacement, to require 46 |
---|
47 | 47 | | DC Water to maintain a service line inventory and prescribe the contents of that 47 2 |
---|
48 | 48 | | |
---|
49 | 49 | | inventory, to mandate that DC Water provide water filtration devices and replacement 48 |
---|
50 | 50 | | cartridges to all properties serviced by a service line made of lead or of unknown 49 |
---|
51 | 51 | | composition until at least 6 months after the property’s lead service line is replaced, to 50 |
---|
52 | 52 | | require that, as a condition of a real property sale or transfer, a purchaser enroll in the 51 |
---|
53 | 53 | | Lead Service Line Replacement Program or replace the lead service line, to authorize 52 |
---|
54 | 54 | | occupants, including a tenant, to enroll in the Lead Service Line Replacement Program 53 |
---|
55 | 55 | | on behalf of a property owner, to prescribe certain rights and protections for occupants 54 |
---|
56 | 56 | | residing at a property serviced by a lead service line, to require that the Department of 55 |
---|
57 | 57 | | Energy and Environment engage community-based organizations (“CBO”) to review 56 |
---|
58 | 58 | | contractor lead service line replacements, to set deadlines for residents to comply with the 57 |
---|
59 | 59 | | requirements of this act, to prescribe notice and DC Water and CBO outreach 58 |
---|
60 | 60 | | requirements where a property owner has not complied with the requirements of this act 59 |
---|
61 | 61 | | by a date certain, to prescribe penalties, including fines and restrictions on access to 60 |
---|
62 | 62 | | District-issued permits and licenses where a property owner has not complied with the 61 |
---|
63 | 63 | | requirements of this act by a date certain, to prescribe the manner in which information 62 |
---|
64 | 64 | | about the Lead Service Line Replacement Program, lead exposure risks, and other 63 |
---|
65 | 65 | | information is to be shared with the public via a public education campaign, to set data 64 |
---|
66 | 66 | | reporting requirements on spending, program administration, and property owner 65 |
---|
67 | 67 | | compliance with this act, to clarify that District and federal funding for lead service line 66 |
---|
68 | 68 | | replacements shall not be used for water main replacements unless DC Water determines 67 |
---|
69 | 69 | | the lead service line replacement would cause the main to fail, and to require the Mayor 68 |
---|
70 | 70 | | to issue regulations to implement this act; and, to amend the Fiscal Year 2005 Budget 69 |
---|
71 | 71 | | Support Act of 2004 to remove language establishing the Lead Pipe Replacement 70 |
---|
72 | 72 | | Assistance Program and permitting, in certain instances, DC Water from completing 71 |
---|
73 | 73 | | partial lead service line replacements, and to amend permissible uses of the Lead Service 72 |
---|
74 | 74 | | Line Priority Replacement Assistance Fund. 73 |
---|
75 | 75 | | 74 |
---|
76 | 76 | | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 75 |
---|
77 | 77 | | act may be cited as the “Lead-Free DC Omnibus Amendment Act of 2025”. 76 |
---|
78 | 78 | | TITLE I. LEAD SERVICE LINE REPLACEMENTS. 77 |
---|
79 | 79 | | Sec. 101. Definitions. 78 |
---|
80 | 80 | | (a) “Adequate proof” means test-pitting or inspection of a service line: 79 |
---|
81 | 81 | | (1) At a minimum of one location on the service line on public property and one 80 |
---|
82 | 82 | | location on private property, each excavation covering at least two feet of the service line; and 81 |
---|
83 | 83 | | (2) Undertaken by a licensed and certified plumber. 82 |
---|
84 | 84 | | (b) “Child development facility” means a licensed community-based center, home, or 83 |
---|
85 | 85 | | other structure, regardless of its name, that provides care, supervision, guidance, and other 84 3 |
---|
86 | 86 | | |
---|
87 | 87 | | services for infants, toddlers, and preschoolers on a regular basis. The term “child development 85 |
---|
88 | 88 | | facility” does not include a child development center or program that is sponsored or run by a 86 |
---|
89 | 89 | | public or private school. 87 |
---|
90 | 90 | | (c) “Census block group” means geographic scale at which the Census Bureau reports 88 |
---|
91 | 91 | | data from the American Community Survey, consisting of 600 to 3,000 individuals on average. 89 |
---|
92 | 92 | | (d) “Community-based organization” means an organization operated by a nonprofit 90 |
---|
93 | 93 | | entity or faith-based organization that provides services to residents of the District. 91 |
---|
94 | 94 | | (e) “Historic brass service line” means those service lines that DC Water had identified as 92 |
---|
95 | 95 | | brass based on existing service line data, plumbers’ records, home build dates, information on 93 |
---|
96 | 96 | | known and likely locations of brass service lines, or combined with tap cards and other 94 |
---|
97 | 97 | | engineering project data but have not been field-verified; 95 |
---|
98 | 98 | | (f) “Historic copper service line” means those service lines that DC Water had identified 96 |
---|
99 | 99 | | as copper based on existing service line data, plumbers’ records, home build dates, information 97 |
---|
100 | 100 | | on known and likely locations of copper service lines, or combined with tap cards, and other 98 |
---|
101 | 101 | | engineering project data but have not been field-verified; 99 |
---|
102 | 102 | | (g) “Lead service line” means a water service line containing any lead, and shall include 100 |
---|
103 | 103 | | a: 101 |
---|
104 | 104 | | (1) Brass service line; or 102 |
---|
105 | 105 | | (2) Galvanized service line. 103 |
---|
106 | 106 | | (h) “Multi-unit residential property” means a residential building with 2 or more dwelling 104 |
---|
107 | 107 | | units. 105 |
---|
108 | 108 | | (i) “Public property” means all lands, properties, and holdings owned or leased by or 106 |
---|
109 | 109 | | under the control of the District, and shall include properties under the control of the District of 107 |
---|
110 | 110 | | Columbia Housing Authority. 108 4 |
---|
111 | 111 | | |
---|
112 | 112 | | (j) “Public space” means all the publicly owned property between the property lines on a 109 |
---|
113 | 113 | | street, as such property lines are shown in the records of the District, and includes any roadway, 110 |
---|
114 | 114 | | tree space, sidewalk, or parking between such property lines. 111 |
---|
115 | 115 | | (k) “Private property” means all lands, properties, and holdings owned by private entities 112 |
---|
116 | 116 | | in the District, and shall include federal properties on District land. 113 |
---|
117 | 117 | | (l) “Private space” means the bounds of all privately owned property as demarcated by 114 |
---|
118 | 118 | | the property lines on a street, as such property lines are shown in the records of the District. 115 |
---|
119 | 119 | | (m) “Property line” means the line of demarcation between privately owned property 116 |
---|
120 | 120 | | fronting or abutting a street and the publicly owned property in the line of such street. 117 |
---|
121 | 121 | | (n) “Replacement of a lead service line” means: 118 |
---|
122 | 122 | | (1) Replacement of all portions of a service line with a non-lead material where 119 |
---|
123 | 123 | | the service line is a lead service line; 120 |
---|
124 | 124 | | (2) Replacement and leveling of dirt and soil displaced during excavation and 121 |
---|
125 | 125 | | replacement landscaping as required under this act; 122 |
---|
126 | 126 | | (3) Replacement or restoration of interior and exterior walls and floors damaged 123 |
---|
127 | 127 | | or demolished during replacement of a lead service line to a safe and habitable condition; 124 |
---|
128 | 128 | | (4) Flushing household plumbing according to AWWA C810-17, or any standard 125 |
---|
129 | 129 | | that revises or replaces this standard deemed to be equally or more protective, prior to returning 126 |
---|
130 | 130 | | property to water service after the lead service line replacement; and 127 |
---|
131 | 131 | | (5) Provision of filters in accordance with section 108 of this act. 128 |
---|
132 | 132 | | (o) “Service line” means all portions of a water service line in both public and private 129 |
---|
133 | 133 | | space, including the discharge of the corporation fitting to customer site piping, to the building 130 |
---|
134 | 134 | | plumbing at the first shut-off valve inside the building, or 18 inches inside the building, 131 |
---|
135 | 135 | | whichever is shorter, and including goosenecks and pigtails. 132 5 |
---|
136 | 136 | | |
---|
137 | 137 | | (p) “Service line of unknown composition” means a service line that: 133 |
---|
138 | 138 | | (1) Is made of an unknown material, unidentified material, or materials 134 |
---|
139 | 139 | | categorized as historic brass or historic copper; 135 |
---|
140 | 140 | | (1) Has not been replaced by an approved contractor; and 136 |
---|
141 | 141 | | (2) Has not had the service line composition assessed using testing pitting. 137 |
---|
142 | 142 | | (q) “Test pitting” means excavation to expose a section of water service to determine the 138 |
---|
143 | 143 | | location, size, and material type of existing water services. 139 |
---|
144 | 144 | | Sec. 102. Lead service line mandates. 140 |
---|
145 | 145 | | (a) The District of Columbia Water and Sewer Authority shall, by December 31, 2030: 141 |
---|
146 | 146 | | (1) Replace all lead service lines in public and private space servicing private 142 |
---|
147 | 147 | | properties; 143 |
---|
148 | 148 | | (2) Be in receipt of written declaration from a licensed and approved contractor 144 |
---|
149 | 149 | | that the property is not serviced by a lead service line; or 145 |
---|
150 | 150 | | (3) Have a verified inventory record, including photographic evidence, for every 146 |
---|
151 | 151 | | service line in the district documenting that no portion of the service line contains lead, brass, or 147 |
---|
152 | 152 | | galvanized steel piping components. 148 |
---|
153 | 153 | | (b) The Mayor shall replace all lead services line in public and private space on public 149 |
---|
154 | 154 | | property, including property under the control of the District of Columbia Housing Authority, by 150 |
---|
155 | 155 | | December 31, 2030. 151 |
---|
156 | 156 | | (c) As of the effective date of this act, no public or private entity or person in the District 152 |
---|
157 | 157 | | shall: 153 |
---|
158 | 158 | | (1) Replace the portion of a service line that is in the public space at a property 154 |
---|
159 | 159 | | unless it also replaces the portion of the lead service line that is in private space; or 155 6 |
---|
160 | 160 | | |
---|
161 | 161 | | (1) Replace the portion of a service line that is in private space at a property 156 |
---|
162 | 162 | | unless it also replaces the portion of the lead service line that is in the public space; or 157 |
---|
163 | 163 | | (d) No service line shall be installed in the District that contains lead, brass, or galvanized 158 |
---|
164 | 164 | | steel piping components. 159 |
---|
165 | 165 | | Sec. 103. Lead service line replacements at private properties. 160 |
---|
166 | 166 | | (a) On or before October 1, 202, the owner of private property in the District (“property 161 |
---|
167 | 167 | | owner”) shall: 162 |
---|
168 | 168 | | (1) If the private property is serviced by a lead service line or service line of 163 |
---|
169 | 169 | | unknown composition: 164 |
---|
170 | 170 | | (A) Enroll in the Lead Service Line Replacement Program pursuant to 165 |
---|
171 | 171 | | Section 104 of this act; or 166 |
---|
172 | 172 | | (B) Replace the service line themselves in accordance with subsection (b) 167 |
---|
173 | 173 | | of this section; or 168 |
---|
174 | 174 | | (2) If the private property is not serviced by a lead service line, comply with 169 |
---|
175 | 175 | | subsection (c) of this section. 170 |
---|
176 | 176 | | (b)(1) Where the property owner elects to replace the lead service line themselves, the 171 |
---|
177 | 177 | | property owner shall: 172 |
---|
178 | 178 | | (A) Complete the replacement using an approved contractor within 1 year 173 |
---|
179 | 179 | | of receipt of notice from DC Water provided pursuant to subsection (d) of this section; 174 |
---|
180 | 180 | | (B) Pay all costs for the lead service line replacement; and 175 |
---|
181 | 181 | | (C) Provide DC Water with proof that the lead service line has been 176 |
---|
182 | 182 | | replaced. 177 |
---|
183 | 183 | | (2)(A) Proof provided to DC Water pursuant to paragraph (1)(C) of this 178 |
---|
184 | 184 | | subsection shall include at a minimum, in original or copy: 179 7 |
---|
185 | 185 | | |
---|
186 | 186 | | (i) The permit issued to a contractor approved by DC Water to 180 |
---|
187 | 187 | | complete lead service line replacement work; 181 |
---|
188 | 188 | | (ii) An invoice from the contractor who completed the work; 182 |
---|
189 | 189 | | (iii) The estimate along with any report of the work completed; and 183 |
---|
190 | 190 | | (iv) An inspection report, including photos that can be uploaded 184 |
---|
191 | 191 | | into DC Water’s inventory database, verifying the replacement and the composition of the new 185 |
---|
192 | 192 | | service line. 186 |
---|
193 | 193 | | (B) DC Water shall post on its website information on how residents may 187 |
---|
194 | 194 | | comply with this paragraph, including posting examples of each of the documents required under 188 |
---|
195 | 195 | | subparagraph (A) and a means for uploading documents directly to the agency’s Geographic 189 |
---|
196 | 196 | | Information System database or other similar database. 190 |
---|
197 | 197 | | (4)(A)(i) DC Water shall publish on its website a list of approved contractors for 191 |
---|
198 | 198 | | property owners to use for the replacement of a lead service line. The list shall be updated at 192 |
---|
199 | 199 | | least once per fiscal year. 193 |
---|
200 | 200 | | (ii) If a property owner seeks to use a contractor not on the list 194 |
---|
201 | 201 | | required by subparagraph (A)(i) of this paragraph, the property owner shall first receive written 195 |
---|
202 | 202 | | approval from DC Water to use that contractor. 196 |
---|
203 | 203 | | (B) At least biannually, DC Water shall make available free trainings to 197 |
---|
204 | 204 | | employees of approved contractors on proper execution of lead service line replacements, test 198 |
---|
205 | 205 | | pitting, flushing, the risks posed by lead service lines and exposure to lead in water, especially to 199 |
---|
206 | 206 | | fetuses and young children, the requirements of this act, and the Lead Service Line Replacement 200 |
---|
207 | 207 | | Program. 201 |
---|
208 | 208 | | (C)(i) A contract for a lead service line replacement where a property 202 |
---|
209 | 209 | | owner elects to pay for the lead service line replacement themselves shall specify that: 203 8 |
---|
210 | 210 | | |
---|
211 | 211 | | (I) The composition of the service line will be assessed 204 |
---|
212 | 212 | | using test pitting or inspection; 205 |
---|
213 | 213 | | (II) The timeline for the replacement; 206 |
---|
214 | 214 | | (III) Replacement of a lead service line means removal and 207 |
---|
215 | 215 | | replacement of all portions of a service line in both public and private space, including the 208 |
---|
216 | 216 | | discharge of the corporation fitting to customer site piping, to the building plumbing at the first 209 |
---|
217 | 217 | | shut-off valve inside the building, or 18 inches inside the building, whichever is shorter, and 210 |
---|
218 | 218 | | including goosenecks and pigtails; and 211 |
---|
219 | 219 | | (IV) The contract will flush the household plumbing according to 212 |
---|
220 | 220 | | AWWA C810-17, or any standard that revises or replaces this standard deemed to be 213 |
---|
221 | 221 | | equally or more protective, prior to returning property to water service after the lead 214 |
---|
222 | 222 | | service line replacement.(ii) DC Water shall post on the agency website a sample 215 |
---|
223 | 223 | | contract. 216 |
---|
224 | 224 | | (5) DC Water may grant an owner electing to replace the lead service line 217 |
---|
225 | 225 | | themselves with extension of up to two years to complete the replacement where the property 218 |
---|
226 | 226 | | owner demonstrates to DC Water that the property owner has made good faith effort to comply 219 |
---|
227 | 227 | | with the act, and the replacement has been scheduled within the extension period. 220 |
---|
228 | 228 | | (c)(1) Where a property is, according to DC Water’s database, not serviced by a lead 221 |
---|
229 | 229 | | service line and: 222 |
---|
230 | 230 | | (A) Where the lead service line was replaced pursuant to subsection (b) of 223 |
---|
231 | 231 | | this section, the property owner shall provide written proof to DC Water that all sections of the 224 |
---|
232 | 232 | | service line have been replaced by an approved contractor with materials not containing lead. 225 |
---|
233 | 233 | | Proof under this subparagraph may include: 226 9 |
---|
234 | 234 | | |
---|
235 | 235 | | (i) Documentation, including photos, from a licensed and certified 227 |
---|
236 | 236 | | plumber providing adequate proof that the property is not serviced by a lead service line; or 228 |
---|
237 | 237 | | (ii) Evidence that the lead service line was previously replaced by 229 |
---|
238 | 238 | | an approved contractor. 230 |
---|
239 | 239 | | (B)(i) Where DC Water has proof verifying that the property is not 231 |
---|
240 | 240 | | serviced by a lead service line, DC Water shall not require that the property owner provide 232 |
---|
241 | 241 | | documentation that their property is not serviced by a lead service line. 233 |
---|
242 | 242 | | (ii) For these properties, on or before October 1, 2023, DC Water 234 |
---|
243 | 243 | | shall provide written confirmation to the property owner of which parts of the service line, if any, 235 |
---|
244 | 244 | | the agency has determined are non-lead, and, where all portions of the service line are confirmed 236 |
---|
245 | 245 | | non-lead, that the property owner is not required to submit additional proof to DC Water to 237 |
---|
246 | 246 | | comply with this act. 238 |
---|
247 | 247 | | (C) Where DC Water does not have proof verifying that the property is not 239 |
---|
248 | 248 | | serviced by a lead service line, DC Water shall: 240 |
---|
249 | 249 | | (i) Treat the property as served by a service line of unknown 241 |
---|
250 | 250 | | composition until in receipt of proof; and 242 |
---|
251 | 251 | | (ii) Request proof of the property owner. 243 |
---|
252 | 252 | | (2) For the purposes of this subsection, “proof” means materials that provide 244 |
---|
253 | 253 | | physical verification that the property is not serviced by a lead service line, and shall include 245 |
---|
254 | 254 | | photos of the service line, contractor records and invoices, and as-built drawings, blueprints, or 246 |
---|
255 | 255 | | other similar records for the property; provided that, DC Water may limit use of certain records 247 |
---|
256 | 256 | | based on accuracy and reliability. 248 |
---|
257 | 257 | | (d)(1) Where a service line is tested and found to contain any amount of lead, the 249 |
---|
258 | 258 | | property shall be designated and treated by DC Water as a property serviced by a lead service 250 10 |
---|
259 | 259 | | |
---|
260 | 260 | | line, even where the property has previously undergone a lead service line replacement or other 251 |
---|
261 | 261 | | lead mitigation. Where DC Water determines that the status of a property’s service line is to 252 |
---|
262 | 262 | | change from non-lead to lead, DC Water shall provide written notice to the property within 10 253 |
---|
263 | 263 | | days of learning that the service line contains lead. 254 |
---|
264 | 264 | | (2)(A) DC Water shall accept the results of the following tests to determine 255 |
---|
265 | 265 | | whether a non-lead service line contains lead: test pitting, scratch testing, magnet testing, surface 256 |
---|
266 | 266 | | swabbing, tap sampling (flushed, sequential, or targeted), traditional or vacuum excavation, or 257 |
---|
267 | 267 | | other methods as approved by the Department of Energy and Environmental or DC Water. 258 |
---|
268 | 268 | | (e)(1) On or before October 1, 2023, DC Water shall provide notice to the property 259 |
---|
269 | 269 | | owners of all properties with known lead services lines and service lines of unknown 260 |
---|
270 | 270 | | composition of the requirement that the property owner enroll in the Lead Service Line 261 |
---|
271 | 271 | | Replacement Program or replace the service line pursuant to subsection (b) of this section. 262 |
---|
272 | 272 | | Notice to owners under this subsection shall include: 263 |
---|
273 | 273 | | (A) A statement that no level of lead exposure is safe, that all people 264 |
---|
274 | 274 | | exposed to lead are at risk, the specific health risks to children from lead exposure, and that 265 |
---|
275 | 275 | | replacement of lead service lines is the only way to fully prevent harm to persons from drinking 266 |
---|
276 | 276 | | water delivered through lead service lines; 267 |
---|
277 | 277 | | (B) A description of property owners’ options for complying with this 268 |
---|
278 | 278 | | Act; 269 |
---|
279 | 279 | | (C) A description of the lead service line replacement process and 270 |
---|
280 | 280 | | anticipated timeline per the prioritization model developed pursuant to Section 105 of this act; 271 |
---|
281 | 281 | | (D) Information on the importance of filtering drinking water provided to 272 |
---|
282 | 282 | | the property by a lead service line, how the property owner or occupants at the property may 273 11 |
---|
283 | 283 | | |
---|
284 | 284 | | access filtration devices, potential sources of lead in household plumbing other than a service 274 |
---|
285 | 285 | | line, and how the property owner or occupant at the property may safely use filtration devices; 275 |
---|
286 | 286 | | (E) For properties serviced by service lines of unknown composition or 276 |
---|
287 | 287 | | service lines without reliable documentation that they do not contain lead, information on how 277 |
---|
288 | 288 | | their service line will be assessed, the limitations of at home testing methods, and the importance 278 |
---|
289 | 289 | | of using filtration devices for at least six months after the service line is replaced to filter any 279 |
---|
290 | 290 | | drinking water delivered through service lines at the property; 280 |
---|
291 | 291 | | (F) Notice that a property owner may test their service line using the 281 |
---|
292 | 292 | | methods described at subsection (d) and submit that test result to DC Water to confirm their 282 |
---|
293 | 293 | | service line contains lead, and information on why such testing is insufficient to confirm that the 283 |
---|
294 | 294 | | service line does not contain lead; and 284 |
---|
295 | 295 | | (G) Website and contact information that property owners may use to 285 |
---|
296 | 296 | | learn more about lead service line replacement and express concerns or questions. 286 |
---|
297 | 297 | | (f)(1) DC Water shall determine that a lead service line is non-lead only using test pitting 287 |
---|
298 | 298 | | and where the agency is in receipt of adequate proof. The results of other testing methods shall 288 |
---|
299 | 299 | | not be dispositive on whether a property is serviced by a lead service line for the purposes of this 289 |
---|
300 | 300 | | act. 290 |
---|
301 | 301 | | (2) To assist private property owners who elect to replace a service line 291 |
---|
302 | 302 | | themselves pursuant to section 103(b) of this act, DC Water shall post on the agency website 292 |
---|
303 | 303 | | guidance for residents on what should be included in a contract for a lead service line 293 |
---|
304 | 304 | | replacement, including: 294 |
---|
305 | 305 | | (A)(i) A sample contract for a lead service line replacement; 295 |
---|
306 | 306 | | (ii) A blank template contract for a lead service line replacement; 296 |
---|
307 | 307 | | and 297 12 |
---|
308 | 308 | | |
---|
309 | 309 | | (iii) Information on what must be included in the terms of the 298 |
---|
310 | 310 | | contract, including the elements listed at subsection (b)(4)(C). 299 |
---|
311 | 311 | | (B) Fact sheets and other documentation outlining the health consequences 300 |
---|
312 | 312 | | of lead exposure for children and adults. 301 |
---|
313 | 313 | | Sec. 104. Lead Service Line Replacement Program. 302 |
---|
314 | 314 | | (a)(1) On or before October 1, 2024, the District of Columbia Water and Sewer Authority 303 |
---|
315 | 315 | | (“DC Water”) shall establish a Lead Service Line Replacement Program (“Program”), which 304 |
---|
316 | 316 | | shall provide for the replacement of all portions of a lead service line servicing eligible private 305 |
---|
317 | 317 | | properties at no cost to the property owner 306 |
---|
318 | 318 | | (2) DC Water shall schedule replacements according to the prioritization method 307 |
---|
319 | 319 | | described in section 105 and as otherwise required by this act. 308 |
---|
320 | 320 | | (b)(1) DC Water shall deem a property eligible for the Program where the property owner 309 |
---|
321 | 321 | | completes and submits to DC Water a right to entry form (“form”) consenting to provide 310 |
---|
322 | 322 | | approved contractors and community-based organizations engaged pursuant to section 111 of 311 |
---|
323 | 323 | | this act access to the property to undertake a service line replacement and remedial work 312 |
---|
324 | 324 | | necessary to return the property to its original state. 313 |
---|
325 | 325 | | (c)(1) The form shall be developed by DC Water in consultation with the Department of 314 |
---|
326 | 326 | | Buildings, and shall: 315 |
---|
327 | 327 | | (A) Be written at no more than a 5th grade reading level and be translated 316 |
---|
328 | 328 | | into any non-English language spoken by a limited or no-English proficient population that 317 |
---|
329 | 329 | | constitutes 3% or 500 individuals, whichever is less, in the District of Columbia; and 318 |
---|
330 | 330 | | (B) Be made available online on the DC Water and Department of 319 |
---|
331 | 331 | | Buildings website, accessible by both mobile phone and computer, and hard-copy format at at 320 |
---|
332 | 332 | | least all District public library facilities, recreation centers, and police precincts. 321 13 |
---|
333 | 333 | | |
---|
334 | 334 | | (2) Prior to its finalization, DC Water shall test the form with at least one focus 322 |
---|
335 | 335 | | group made up of District residents reflecting the demographic and cultural diversity of the 323 |
---|
336 | 336 | | District. 324 |
---|
337 | 337 | | (d) DC Water shall provide copies of submitted forms to the Rental Accommodation 325 |
---|
338 | 338 | | Division in the Department of Housing and Community Development. 326 |
---|
339 | 339 | | (e)(1) DC Water shall provide notice to property owners and all occupants at the property 327 |
---|
340 | 340 | | of the date of the planned lead service line replacement at least 1 year, 1 month, and 3 days 328 |
---|
341 | 341 | | before the scheduled date of the replacement. 329 |
---|
342 | 342 | | (2) Where a lead service line replacement at a private property is scheduled by 330 |
---|
343 | 343 | | DC Water for a date less than 1 year after the effective date of this act, DC Water shall provide 331 |
---|
344 | 344 | | notice to the property owner of the date of the planned lead service line replacement within 1 332 |
---|
345 | 345 | | month after the effective date of the act. 333 |
---|
346 | 346 | | (3)(A) Notice under this subsection shall include phone calls, text messages, 334 |
---|
347 | 347 | | emails, and door hangers, where DC Water has the information necessary to contact the property 335 |
---|
348 | 348 | | owner and occupant via those means. 336 |
---|
349 | 349 | | (B) For the purposes of compliance with this subsection, DC Water shall 337 |
---|
350 | 350 | | utilize existing customer account data, including customer addresses, phone numbers, and email 338 |
---|
351 | 351 | | addresses provided to DC Water for billing purposes, and shall furnish this data to community-339 |
---|
352 | 352 | | based organizations engaged under this Act to support outreach and engagement with residents. 340 |
---|
353 | 353 | | (f) DC Water shall pay all costs to replace a lead service line, including all costs to 341 |
---|
354 | 354 | | determine the composition of the service line, replace the lead service line, and any remedial 342 |
---|
355 | 355 | | work necessary to return the property to its original condition or as close as possible to its 343 |
---|
356 | 356 | | original condition. 344 14 |
---|
357 | 357 | | |
---|
358 | 358 | | (g)(1) DC Water shall contract with approved contractors to undertake lead service line 345 |
---|
359 | 359 | | replacements under the Program. 346 |
---|
360 | 360 | | (2)(A) DC Water shall submit to the Council a Standard Operating Procedure for 347 |
---|
361 | 361 | | contracts for lead service line replacement services, which shall include clearly defined roles and 348 |
---|
362 | 362 | | responsibilities for DC Water staff and contractors, and planned timelines and sequence of events 349 |
---|
363 | 363 | | to implement all the provisions of this act, including public notice requirements, flushing 350 |
---|
364 | 364 | | protocols, filter distribution, property and landscape restoration, and data collection and 351 |
---|
365 | 365 | | reporting. 352 |
---|
366 | 366 | | (B) The Standard Operating Procedure shall not be effective until 353 |
---|
367 | 367 | | approved by the Council. 354 |
---|
368 | 368 | | (3) DC Water shall include the following in any contract for lead service line 355 |
---|
369 | 369 | | replacement services: 356 |
---|
370 | 370 | | (A) Consent by the contractor to: 357 |
---|
371 | 371 | | (i) Monthly coordination meetings with the DC Water program 358 |
---|
372 | 372 | | manager or project staff and other contractors to identify opportunities and challenges for 359 |
---|
373 | 373 | | improving the lead service line replacement process; 360 |
---|
374 | 374 | | (ii) Real-time review by DC Water and a community-based 361 |
---|
375 | 375 | | organization (“CBO”) pursuant to section 111 of this act of the contractor’s work under the 362 |
---|
376 | 376 | | contract, 363 |
---|
377 | 377 | | (iii) Payment of invoices only upon a finding by DC Water or the 364 |
---|
378 | 378 | | CBO that all program elements are implemented as required under the Act and per contract 365 |
---|
379 | 379 | | specifications; 366 15 |
---|
380 | 380 | | |
---|
381 | 381 | | (B) The approved Standard Operating Procedure developed pursuant to 367 |
---|
382 | 382 | | paragraph (2), with language clearly denoting contractor responsibilities under the Standard 368 |
---|
383 | 383 | | Operating Procedure, included as terms of the contract; 369 |
---|
384 | 384 | | (C) Language clearly stating: 370 |
---|
385 | 385 | | (I) That the composition of all service lines will be assessed 371 |
---|
386 | 386 | | using test pitting and so as to establish adequate proof; 372 |
---|
387 | 387 | | (II) The agency’s definition of lead service lines, which 373 |
---|
388 | 388 | | shall conform with section 101(n) of this act; and 374 |
---|
389 | 389 | | (III) A list of the work expected of the contractor to replace 375 |
---|
390 | 390 | | the lead service line, which shall include and conform with all elements listed at section 101(o) 376 |
---|
391 | 391 | | of this act; and 377 |
---|
392 | 392 | | (D) A requirement that all service line data are properly entered in DC 378 |
---|
393 | 393 | | Water’s database or otherwise submitted to DC Water per their explicit direction. 379 |
---|
394 | 394 | | (E) Summaries of monthly coordination meetings with the DC Water 380 |
---|
395 | 395 | | program manager or project staff and other contractors to identify opportunities and challenges 381 |
---|
396 | 396 | | for improving the lead service line replacement process. 382 |
---|
397 | 397 | | (4) DC Water shall revise all agency regulations, protocols, and policies to be 383 |
---|
398 | 398 | | consistent with this act and the Standard Operating Procedure. 384 |
---|
399 | 399 | | 385 |
---|
400 | 400 | | Sec. 105. Prioritization 386 |
---|
401 | 401 | | (a)(1) On or before October 1, 2024, the District of Columbia Water and Sewer Authority 387 |
---|
402 | 402 | | (“DC Water”) shall develop and publish on the agency website a priority schedule for lead 388 |
---|
403 | 403 | | service line replacements at the census block group scale through the Lead Service Line 389 |
---|
404 | 404 | | Replacement Program (“priority schedule”) in accordance with this section. 390 16 |
---|
405 | 405 | | |
---|
406 | 406 | | (2) DC Water shall score blocks for replacement under the priority schedule as 391 |
---|
407 | 407 | | follows: 392 |
---|
408 | 408 | | Parameter Description Weight |
---|
409 | 409 | | Consequences of Lead US Census American Community Survey Data |
---|
410 | 410 | | on the percentage of Black or African |
---|
411 | 411 | | American Households in the Census Block |
---|
412 | 412 | | Group |
---|
413 | 413 | | 1.5 |
---|
414 | 414 | | US Census American Community Survey Data |
---|
415 | 415 | | on the average median income in the Census |
---|
416 | 416 | | Block Group |
---|
417 | 417 | | 1.5 |
---|
418 | 418 | | The number of children 5 years and under in |
---|
419 | 419 | | the Census Block Group |
---|
420 | 420 | | 2 |
---|
421 | 421 | | Service Line Material Probability of lead, brass, or galvanized |
---|
422 | 422 | | service line at each property, averaged across |
---|
423 | 423 | | the Census Block Group |
---|
424 | 424 | | 5 |
---|
425 | 425 | | (3) For purposes of scoring the probability of lead in a service line material in the 393 |
---|
426 | 426 | | priority schedule, DC Water shall assess the following scores: 394 |
---|
427 | 427 | | (A) For lead and galvanized service lines, 10; 395 |
---|
428 | 428 | | (B) For service lines of unknown composition, 5; 396 |
---|
429 | 429 | | (C) For historic brass service lines, 4.7; 397 |
---|
430 | 430 | | (D) For historic copper service lines, 2; and 398 |
---|
431 | 431 | | (E) For other or non-lead service lines; 0. 399 |
---|
432 | 432 | | (4) DC Water shall update the priority schedule at least annually. 400 |
---|
433 | 433 | | (b)(1) On or before October 1, 2024, DC Water shall establish a high-priority lead service 401 |
---|
434 | 434 | | line replacement program (“high-priority program”). DC Water shall replace all lead service 402 |
---|
435 | 435 | | lines servicing these properties by October 1, 2025. 403 |
---|
436 | 436 | | (2) Properties in the high-priority program shall include: 404 |
---|
437 | 437 | | (A) Child development facilities (“facilities”); 405 |
---|
438 | 438 | | (B) Multi-unit residential properties; 406 17 |
---|
439 | 439 | | |
---|
440 | 440 | | (C) Properties that previously underwent a partial lead service line 407 |
---|
441 | 441 | | replacement; and 408 |
---|
442 | 442 | | (D) Homes with emergency service line repairs or other urgent unplanned 409 |
---|
443 | 443 | | work requiring replacement of any portion of a lead service line. 410 |
---|
444 | 444 | | (3)(A) For facilities that come online after October 1, 2024: 411 |
---|
445 | 445 | | (i) The Office of the State Superintendent of Education shall 412 |
---|
446 | 446 | | provide written notice to DC Water that the facility is opening; and 413 |
---|
447 | 447 | | (ii) DC Water shall replace lead service lines if present at these 414 |
---|
448 | 448 | | properties within 1 year after receipt of the notice provided under this subparagraph. 415 |
---|
449 | 449 | | (B) Written notice under subparagraph (A)(i) may also be submitted to DC 416 |
---|
450 | 450 | | Water by the facility or the parent or guardian of an enrollee, where the facility or parent or 417 |
---|
451 | 451 | | guardian provides DC Water with evidence of the child development facilities’ opening date and 418 |
---|
452 | 452 | | a point of contact, including a phone number or email address, for the child development facility. 419 |
---|
453 | 453 | | Sec. 106. Post-replacement flushing protocol. 420 |
---|
454 | 454 | | Upon receipt of confirmation from a contractor of the completion of a lead service line 421 |
---|
455 | 455 | | replacement, DC Water shall: 422 |
---|
456 | 456 | | (1) As soon as possible, and before restoring water service after a lead service line 423 |
---|
457 | 457 | | replacement: 424 |
---|
458 | 458 | | (A) Flush the plumbing system at the property or provide the property 425 |
---|
459 | 459 | | owner and current occupants with instructions on how to flush the plumbing system; and 426 |
---|
460 | 460 | | (B) Provide, install, and/or maintain filtration device, providing a 6 month 427 |
---|
461 | 461 | | supply of filter cartridges and education on how and why it is important to maintain the filter for 428 |
---|
462 | 462 | | 6 months following lead service line replacement. 429 18 |
---|
463 | 463 | | |
---|
464 | 464 | | (2) Maintain and replace filter cartridges provided to occupants pursuant to 430 |
---|
465 | 465 | | section 108 of this act for at least six months following the lead service line replacement. 431 |
---|
466 | 466 | | Sec. 107. Service line inventory. 432 |
---|
467 | 467 | | DC Water shall maintain an inventory that identifies the material of all service lines 433 |
---|
468 | 468 | | serving District properties. The inventory shall be made available to the public on the DC Water 434 |
---|
469 | 469 | | website, and include, where in DC Water’s possession: 435 |
---|
470 | 470 | | (1) For each property with a service line: 436 |
---|
471 | 471 | | (A) The current material composing all portions of the service line, broken 437 |
---|
472 | 472 | | down by composition of the service line in public space and private space; 438 |
---|
473 | 473 | | (B) The date the service line was replaced or verified, if any; and 439 |
---|
474 | 474 | | (D) Photos or other copies of written documentation provided to the 440 |
---|
475 | 475 | | property owner or occupants confirming the service line material, where available; and 441 |
---|
476 | 476 | | (2) Information on service line replacement practices, including for each property 442 |
---|
477 | 477 | | that has had a lead service line replaced: 443 |
---|
478 | 478 | | (A) The composition of the service line material removed; 444 |
---|
479 | 479 | | (B) Date of the removal, if known; 445 |
---|
480 | 480 | | (C) Data on whether the replacement was of the entire service line or only 446 |
---|
481 | 481 | | the portion of the line in the public space or private space; 447 |
---|
482 | 482 | | (D) Photos of the verified pipe material prior to replacement, where made 448 |
---|
483 | 483 | | available to DC water; 449 |
---|
484 | 484 | | (E) Photos of the completed service line replacement, where made 450 |
---|
485 | 485 | | available to DC Water; and 451 19 |
---|
486 | 486 | | |
---|
487 | 487 | | (G) Photos or scanned documents of contractors’ certifications, with the 452 |
---|
488 | 488 | | contractor’s signature, that flushing was completed in accordance with AWWA C810-17 and 453 |
---|
489 | 489 | | that the occupant was provided a filter before restoring water service. 454 |
---|
490 | 490 | | Sec. 108. Water filters. 455 |
---|
491 | 491 | | (a) Within 14 days after providing notice to an owner of a residential property pursuant to 456 |
---|
492 | 492 | | Section 103(e) of this act, the District of Columbia Water and Sewer Authority (“DC Water”) 457 |
---|
493 | 493 | | shall provide at no cost: 458 |
---|
494 | 494 | | (1) Pitcher-style filters as follows: 459 |
---|
495 | 495 | | (A) For single family properties, one pitcher and at least a 6 month supply 460 |
---|
496 | 496 | | of filter cartridges; and 461 |
---|
497 | 497 | | (B) For multi-unit residential properties, at least one filter unit per unit; or 462 |
---|
498 | 498 | | (2) Point-of-use filters for all drinking water sources; and 463 |
---|
499 | 499 | | (b)(1)(A) Filters provided pursuant to this section shall meet the current NSF/ANSI 42 464 |
---|
500 | 500 | | standard for particulate Class I reduction and the NSF/ANSI 53 standard for lead reduction, or 465 |
---|
501 | 501 | | any standard that revises or replaces this standard deemed to be equally or more effective at lead 466 |
---|
502 | 502 | | reduction. 467 |
---|
503 | 503 | | (B) The Department of Energy and Environment may issue regulations to 468 |
---|
504 | 504 | | adopt different standards for filters from those established by this section, where the different 469 |
---|
505 | 505 | | standard meets or exceeds the NSF/ANSI 42 standard for particulate Class I reduction and the 470 |
---|
506 | 506 | | NSF/ANSI 53 standard for lead reduction. 471 |
---|
507 | 507 | | (2) DC Water shall replace a broken filter, upon notice from the property owner 472 |
---|
508 | 508 | | or occupant. DC Water may require a property owner to return the broken filter or provide other 473 |
---|
509 | 509 | | evidence that the filter is broken to the agency. 474 20 |
---|
510 | 510 | | |
---|
511 | 511 | | (c)(1) DC Water shall provide a property owner or occupant eligible to receive filters 475 |
---|
512 | 512 | | under subsection (a) of this section with filter cartridge replacements in a volume or frequency 476 |
---|
513 | 513 | | such that the property owner or occupant can replace the filter cartridge in accordance with 477 |
---|
514 | 514 | | manufacturer’s recommendations until the lead service line is replaced and for 6 months 478 |
---|
515 | 515 | | afterwards; or 479 |
---|
516 | 516 | | (2) DC Water shall prepare an automated customer alert system that reminds 480 |
---|
517 | 517 | | residents about filter change schedules via their designated preferred communication method 481 |
---|
518 | 518 | | with the agency. 482 |
---|
519 | 519 | | (d) The Mayor shall make pitcher-style filters and filter cartridges available to all 483 |
---|
520 | 520 | | enrollees in the Special Supplementation Nutrition Program for Women, Infants, and Children 484 |
---|
521 | 521 | | and the Supplemental Nutrition Assistance Program, regardless of whether the enrollee’s 485 |
---|
522 | 522 | | residence is served by a lead service line. 486 |
---|
523 | 523 | | Sec. 109. Real property sales and transfers. 487 |
---|
524 | 524 | | (a) As a condition of sale or transfer of any real property in the District of Columbia 488 |
---|
525 | 525 | | serviced by a lead service line or, the buyer shall, prior to closing: 489 |
---|
526 | 526 | | (1)(A)(i) Enroll in the Lead Service Line Replacement Program; and 490 |
---|
527 | 527 | | (ii) Complete and submit to DC Water a right to entry form 491 |
---|
528 | 528 | | agreeing to allow authorized contractors access to the property to undertake the replacement and 492 |
---|
529 | 529 | | any necessary remedial work; or 493 |
---|
530 | 530 | | (B) Comply with section 103(b) and (c) of this act; and 494 |
---|
531 | 531 | | (2) Request from DC Water and include with closing documents documentation 495 |
---|
532 | 532 | | of the property being serviced by a non-lead service line or of DC Water’s schedule for lead 496 |
---|
533 | 533 | | service line replacement at property. 497 21 |
---|
534 | 534 | | |
---|
535 | 535 | | (b) DC Water shall provide the documentation listed at subsection (a)(2) within 7 days of 498 |
---|
536 | 536 | | receiving the request. 499 |
---|
537 | 537 | | Sec. 110. Rental properties. 500 |
---|
538 | 538 | | (a)(1)(A) A current occupant, including a tenant, may submit the right to entry form 501 |
---|
539 | 539 | | (“form”) described at section 104(b) of this act on the property owner’s behalf; provided, that the 502 |
---|
540 | 540 | | current occupant shall provide DC Water with proof that the individual currently resides at the 503 |
---|
541 | 541 | | property. 504 |
---|
542 | 542 | | (B) Where DC Water receives a form from an occupant, but DC Water has 505 |
---|
543 | 543 | | knowledge that the property owner has complied with section 103 of this act, DC Water shall not 506 |
---|
544 | 544 | | enroll the property in the Lead Service Line Replacement Program and shall provide notice to 507 |
---|
545 | 545 | | the occupant that submitted the form of the property owner’s compliance with section 4(b) of 508 |
---|
546 | 546 | | this act. 509 |
---|
547 | 547 | | (2)(A) Where, pursuant to section 104 of this act, a property owner fails to submit 510 |
---|
548 | 548 | | the right to entry form (“form”) to DC Water by January 1, 2025, or comply with section 103(b) 511 |
---|
549 | 549 | | this act, DC Water shall attempt to contact current occupants at the property, including a tenant, 512 |
---|
550 | 550 | | to request that an occupant submit the form by June 1, 2025. 513 |
---|
551 | 551 | | (B) If, by June 1, 2025, DC Water has not received the form from the 514 |
---|
552 | 552 | | property owner or occupant, nor has other knowledge of the property’s owner’s compliance with 515 |
---|
553 | 553 | | section 103(b) of this act, DC Water shall engage a community-based organization to perform 516 |
---|
554 | 554 | | outreach to the owner and occupant to address their concerns about replacement. 517 |
---|
555 | 555 | | (3) Where the form is provided to DC Water by a current occupant, no liability 518 |
---|
556 | 556 | | shall incur to the occupant, DC Water, DC Water’s contractors, or the District for the 519 |
---|
557 | 557 | | replacement of the lead service line, where the replacement is completed by an approved 520 |
---|
558 | 558 | | contractor. 521 22 |
---|
559 | 559 | | |
---|
560 | 560 | | (b) A landlord shall reimburse tenants for relocation expenses where a lead service line 522 |
---|
561 | 561 | | replacement requires the tenant to leave the property overnight or for a longer period. 523 |
---|
562 | 562 | | Reimbursement may be provided by the landlord by direct payment to the tenant or as a 524 |
---|
563 | 563 | | reduction in the amount of the tenant’s rent owed. 525 |
---|
564 | 564 | | (c) A landlord may not use costs associated with a lead service line replacement or the 526 |
---|
565 | 565 | | benefits of having a non-lead service line as a basis for increasing rent for current tenants. 527 |
---|
566 | 566 | | (d)(1) Where, on October 1, 2026, the owner of a multi-unit residential property has 528 |
---|
567 | 567 | | failed to comply with Section 103(a) or (b) of this act, a tenant residing at that property or a 529 |
---|
568 | 568 | | tenants’ rights organization may bring an action in the Superior Court to recover or obtain the 530 |
---|
569 | 569 | | following: 531 |
---|
570 | 570 | | (A) Equitable relief, including requiring the landlord to complete the lead 532 |
---|
571 | 571 | | service line replacement by a date certain; 533 |
---|
572 | 572 | | (B) Incidental and compensatory damages; and 534 |
---|
573 | 573 | | (C) Reasonable attorney’s fees and costs. 535 |
---|
574 | 574 | | (e) For the purposes of this subsection: 536 |
---|
575 | 575 | | (1) “Landlord” shall include the District of Columbia Housing Authority 537 |
---|
576 | 576 | | (“DCHA”); 538 |
---|
577 | 577 | | (2) “Relocation expenses” shall have the same meaning as at D.C. Official Code § 539 |
---|
578 | 578 | | 8-231.01(33); and 540 |
---|
579 | 579 | | (3) “Tenant” shall include residents at a facility owned or under the control of 541 |
---|
580 | 580 | | DCHA. 542 |
---|
581 | 581 | | Sec. 114. Contractor work verifications. 543 |
---|
582 | 582 | | (a) The District Department of Energy and Environment (“DOEE”) shall engage at least 544 |
---|
583 | 583 | | one community-based organization (“CBO”) to review lead service line verifications and 545 23 |
---|
584 | 584 | | |
---|
585 | 585 | | replacements undertaken pursuant to this act for compliance with the act, the project contractor’s 546 |
---|
586 | 586 | | contract with the District, DC Water, or property owner, and Districts laws and regulations. 547 |
---|
587 | 587 | | (b) The CBO engaged by DOEE under subsection (a) of this section shall review at 548 |
---|
588 | 588 | | random at least 5% of each approved contractor’s lead service line replacements in a given 549 |
---|
589 | 589 | | month. The CBO shall directly observe the contractor’s work to verify service line material and, 550 |
---|
590 | 590 | | where appropriate, replace the service line at these properties. 551 |
---|
591 | 591 | | (c)(1) The CBO shall report results of its reviews to DOEE, DC Water, and the Council 552 |
---|
592 | 592 | | monthly, and those reports shall include recommendations for additional contractor training, 553 |
---|
593 | 593 | | where deemed necessary. 554 |
---|
594 | 594 | | (2) Where the CBO provides 3 reports in a calendar year pursuant to paragraph 555 |
---|
595 | 595 | | (1) that include findings of material errors in a particular contractor’s work, DC Water shall 556 |
---|
596 | 596 | | terminate any contracts with that contractor and remove them from the approved contractor list. 557 |
---|
597 | 597 | | Sec 112. Compliance. 558 |
---|
598 | 598 | | (a)(1) The Mayor shall contract with community-based organizations (“CBO)”) to 559 |
---|
599 | 599 | | provide public education on the risks posed by lead service lines and exposure to lead in water, 560 |
---|
600 | 600 | | especially to fetuses and young children, the requirements of this act, the Lead Service Line 561 |
---|
601 | 601 | | Replacement Program (“Program”), and access to and proper usage of lead filters. 562 |
---|
602 | 602 | | (2) Where, as of April 1, 2024, a property owner has failed to comply with section 563 |
---|
603 | 603 | | 103(a) of this act: 564 |
---|
604 | 604 | | (A) DC Water shall contact the property owner via email and telephone 565 |
---|
605 | 605 | | about the Program, including the requirements under this act, the Program, including how to 566 |
---|
606 | 606 | | enroll, access to and proper usage of lead filters, and the risks posed by lead service lines and 567 |
---|
607 | 607 | | exposure to lead in water; and 568 24 |
---|
608 | 608 | | |
---|
609 | 609 | | (B)(i) DC Water shall provide the name and contact information of the 569 |
---|
610 | 610 | | property owner to CBOs with a contract for public education pursuant to this subsection; and 570 |
---|
611 | 611 | | (ii) CBOs shall directly engage those property owners about the 571 |
---|
612 | 612 | | requirements on the Act, the Program, including how to enroll, access to and proper usage of 572 |
---|
613 | 613 | | lead filters, and the risks posed by lead service lines and exposure to lead in water. 573 |
---|
614 | 614 | | (b)(1) Where, as of October 1, 2025, a property owner has failed to comply with section 574 |
---|
615 | 615 | | 103(a) or (b) of this act, the Mayor shall fine the property owner at least $250 per month until the 575 |
---|
616 | 616 | | property owner is in compliance. 576 |
---|
617 | 617 | | (A) Where the property is a residential property with multiple units, this 577 |
---|
618 | 618 | | fine shall be assessed against the property owner per unit. 578 |
---|
619 | 619 | | (B) The Mayor may forgive fines under this paragraph where the property 579 |
---|
620 | 620 | | owner provides evidence to the Mayor that the lead service line replacement at the property has 580 |
---|
621 | 621 | | been scheduled. 581 |
---|
622 | 622 | | (2) If, by October 1, 2026, a property owner assessed fines pursuant to this 582 |
---|
623 | 623 | | subsection submits proof to the District of Columbia Water and Sewer Authority of the 583 |
---|
624 | 624 | | replacement of the lead service line in accordance with section 103(c) of this act, the Mayor may 584 |
---|
625 | 625 | | reduce or forgive the amount of fines assessed to that property owner. 585 |
---|
626 | 626 | | (c) Where, as of October 1, 2026, a property owner has failed to comply with section 586 |
---|
627 | 627 | | 103(a) or 4(b) of this act, the Mayor shall deem the property owner ineligible to: 587 |
---|
628 | 628 | | (1) For commercial properties, receive or renew a business license to operate a 588 |
---|
629 | 629 | | business on the property; 589 |
---|
630 | 630 | | (2) For residential properties, receive or renew a certificate of occupancy for any 590 |
---|
631 | 631 | | structure on the property; and 591 25 |
---|
632 | 632 | | |
---|
633 | 633 | | (3) For all property types, obtain a permit to perform construction or 592 |
---|
634 | 634 | | improvements on the property unless the permit is for replacement of the lead service line. 593 |
---|
635 | 635 | | (d)(1) Where, as of October 1, 2027, a property owner has failed to comply with section 594 |
---|
636 | 636 | | 103(a) and (b) of this act, the Attorney General of the District of Columbia may initiate a civil 595 |
---|
637 | 637 | | action against the property owner to compel the property’s owner’s compliance with the act. 596 |
---|
638 | 638 | | (2) In a civil action initiated by the Attorney General for violations of this section, 597 |
---|
639 | 639 | | the Attorney General may obtain equitable relief, civil penalties up to $5,000 per residential unit 598 |
---|
640 | 640 | | at the property, and reasonable fees and costs. 599 |
---|
641 | 641 | | Section 113. Public education. 600 |
---|
642 | 642 | | (a)(1) By October 1, 2024, the District of Columbia Water and Sewer Authority (“DC 601 |
---|
643 | 643 | | Water”) and the Department of Energy and Environment (“DOEE”) shall, in consultation with 602 |
---|
644 | 644 | | District community-based-organizations (“CBO”) that have a focus on mitigating lead in water, 603 |
---|
645 | 645 | | environmental health, and child welfare, launch a public education and outreach campaign on the 604 |
---|
646 | 646 | | risks posed by lead service lines and exposure to lead in drinking water, especially to fetuses and 605 |
---|
647 | 647 | | young children, the requirements of this act, the Lead Service Line Replacement Program 606 |
---|
648 | 648 | | (“Program”), access to and proper usage of lead filters, and the District’s lead registry. 607 |
---|
649 | 649 | | (2) DC Water or DOEE shall present at at least one meeting of each Advisory 608 |
---|
650 | 650 | | Neighborhood Commission as part of this public outreach campaign. 609 |
---|
651 | 651 | | (3) In developing the public outreach campaign, DC Water and DOEE shall 610 |
---|
652 | 652 | | prioritize outreach to the following: 611 |
---|
653 | 653 | | (A) Pregnant women and women of child-bearing age; 612 |
---|
654 | 654 | | (B) Seniors and senior centers; and 613 |
---|
655 | 655 | | (C) Residential properties that have undergone a partial lead service line 614 |
---|
656 | 656 | | replacement and are still served by a lead service line. 615 26 |
---|
657 | 657 | | |
---|
658 | 658 | | (b) The Mayor shall post in a conspicuous location at all District of Columbia Public 616 |
---|
659 | 659 | | Library libraries, Department of Parks and Recreation recreational facilities, District of 617 |
---|
660 | 660 | | Columbia Schools public schools, Metropolitan Police Department precincts, and Washington 618 |
---|
661 | 661 | | Metropolitan Area Transit Authority stations signage on the requirements of this act and the 619 |
---|
662 | 662 | | Program, including a method for residents to access the Program website and a telephone 620 |
---|
663 | 663 | | number through which residents may learn about the Program. 621 |
---|
664 | 664 | | (c) All communications to property owners and occupants under this act shall be 622 |
---|
665 | 665 | | available in print format and web format accessible by both mobile phone and computer, and 623 |
---|
666 | 666 | | written at no more than a 5th grade reading level and be translated into any non-English language 624 |
---|
667 | 667 | | spoken by a limited or no-English proficient population that constitutes 3% or 500 individuals, 625 |
---|
668 | 668 | | whichever is less, in the District of Columbia. 626 |
---|
669 | 669 | | Sec. 114. Reporting. 627 |
---|
670 | 670 | | (a) By October 1, 2024, DC Water and Mayor shall submit to the Council a report with 628 |
---|
671 | 671 | | the following information: 629 |
---|
672 | 672 | | (1) An updated budget and schedule through fiscal year 2030 for the replacement 630 |
---|
673 | 673 | | of all lead service lines in the District, including estimated program costs for all District 631 |
---|
674 | 674 | | agencies; 632 |
---|
675 | 675 | | (2) A schedule and map or maps showing, in sequence, planned lead service line 633 |
---|
676 | 676 | | replacements under the Lead Service Line Replacement Program established under section104, 634 |
---|
677 | 677 | | by census block group, and under the high-priority program established at section 105(b) of this 635 |
---|
678 | 678 | | act. 636 |
---|
679 | 679 | | (3) The number of lead service lines remaining in the District and the total 637 |
---|
680 | 680 | | number of private property owners who have received notices of unknown or lead service lines 638 |
---|
681 | 681 | | on their property pursuant to this act, broken down by: 639 27 |
---|
682 | 682 | | |
---|
683 | 683 | | (A) Ward; 640 |
---|
684 | 684 | | (B) Census tract; 641 |
---|
685 | 685 | | (C) Advisory Neighborhood Commission; 642 |
---|
686 | 686 | | (D) Commercial versus residential property; and 643 |
---|
687 | 687 | | (E) For residential properties, whether the property is single occupancy or 644 |
---|
688 | 688 | | multi-unit; 645 |
---|
689 | 689 | | (4) The number of properties with a partial lead service line replacement, broken 646 |
---|
690 | 690 | | down by: 647 |
---|
691 | 691 | | (A) Ward; 648 |
---|
692 | 692 | | (B) Census tract; 649 |
---|
693 | 693 | | (C) Advisory Neighborhood Commission; 650 |
---|
694 | 694 | | (D) Commercial versus residential property; and 651 |
---|
695 | 695 | | (E) For residential properties, whether the property is single occupancy or 652 |
---|
696 | 696 | | multi-unit; 653 |
---|
697 | 697 | | (5) A list of contractors approved by DC Water to complete lead service line 654 |
---|
698 | 698 | | replacements, and an estimate of the number of contractors needed to replace all lead service 655 |
---|
699 | 699 | | lines by 2030. 656 |
---|
700 | 700 | | (b) Beginning April 1, 2024, DC Water shall submit quarterly reports to District of 657 |
---|
701 | 701 | | Columbia Auditor and Council Committee with jurisdiction over DC Water providing, for the 658 |
---|
702 | 702 | | three-month period immediately preceding one month before the report’s due date, the 659 |
---|
703 | 703 | | following: 660 |
---|
704 | 704 | | (1) An account of DC Water expenses incurred during that period to implement 661 |
---|
705 | 705 | | the Program and replace lead service lines, broken down by element in the budget submitted 662 |
---|
706 | 706 | | pursuant to subsection (a)(1) of this section, including the program support budget; 663 28 |
---|
707 | 707 | | |
---|
708 | 708 | | (2) The monthly average cost per lead service line replacement; and 664 |
---|
709 | 709 | | (3) The number of lead service lines replaced. 665 |
---|
710 | 710 | | (c)(1) On December 1, 2024, and at least each year thereafter: 666 |
---|
711 | 711 | | (A) The District of Columbia Water and Sewer Authority (“DC Water”) 667 |
---|
712 | 712 | | shall post on the agency website and submit to the Council the following data for the preceding 668 |
---|
713 | 713 | | fiscal year: 669 |
---|
714 | 714 | | (i) The number of lead service lines replaced to date, those in 670 |
---|
715 | 715 | | progress, and the number still to be replaced, including break downs of: 671 |
---|
716 | 716 | | (I) The number of child development facilities that have 672 |
---|
717 | 717 | | had lead service lines replaced to date, confirmed to be non-lead, those in progress, and the 673 |
---|
718 | 718 | | number still to be replaced; and 674 |
---|
719 | 719 | | (II) The number of multi-unit residential properties that 675 |
---|
720 | 720 | | have had lead service lines replaced to date, confirmed to be non-lead, those in progress, and the 676 |
---|
721 | 721 | | number still to be replaced; 677 |
---|
722 | 722 | | (ii) The number of service lines of unknown composition that have 678 |
---|
723 | 723 | | been assessed since the effective date of this act, the number determined to be lead, confirmed 679 |
---|
724 | 724 | | non-lead, and the number yet to be assessed; 680 |
---|
725 | 725 | | (iii) The total number of property owners that provided proof of 681 |
---|
726 | 726 | | lead remediation compliance under section 103(c) of this act or registered for the Program in 682 |
---|
727 | 727 | | accordance with Section 103(a), broken down by: 683 |
---|
728 | 728 | | (iv) The number of properties to which DC Water has provided 684 |
---|
729 | 729 | | with lead filters and the number eligible for filters but not received them from DC Water; 685 |
---|
730 | 730 | | (v) An updated budget, current identified funding levels, and 686 |
---|
731 | 731 | | unmet funding needs; and 687 29 |
---|
732 | 732 | | |
---|
733 | 733 | | (vi) A summary of barriers to implementation of the Program and 688 |
---|
734 | 734 | | recommendations for solving or removing these barriers; 689 |
---|
735 | 735 | | (B) DC Health shall post on the agency website and submit to the Council 690 |
---|
736 | 736 | | data on the number of lead filters that the agency has provided to residents pursuant to this act; 691 |
---|
737 | 737 | | and 692 |
---|
738 | 738 | | (C) CBOs engaged pursuant to this act may submit to the Council a 693 |
---|
739 | 739 | | summary of barriers to implementation of the Program and recommendations for solving or 694 |
---|
740 | 740 | | removing these barriers. 695 |
---|
741 | 741 | | (2) For the data elements provided under paragraph (1)(A)(i), (ii), (iii), (iv), and 696 |
---|
742 | 742 | | (vi), DC Water shall provide the data broken down by: 697 |
---|
743 | 743 | | (A) Ward; 698 |
---|
744 | 744 | | (B) Census tract; 699 |
---|
745 | 745 | | (C) Advisory Neighborhood Commission; 700 |
---|
746 | 746 | | (D) Commercial versus residential property; and 701 |
---|
747 | 747 | | (E) For residential properties, whether the property is single occupancy or 702 |
---|
748 | 748 | | multi-unit. 703 |
---|
749 | 749 | | (b) On January 1, 2029, the Attorney General shall post on the agency website and 704 |
---|
750 | 750 | | submit to the Council data on the number of property owners against which the Attorney General 705 |
---|
751 | 751 | | has brought a claim pursuant to Section 112(d) of this act, and the number of properties and 706 |
---|
752 | 752 | | residential units implicated in those claims. 707 |
---|
753 | 753 | | (c) By October 1, 2026, the District of Columbia Auditor shall transmit a report to the 708 |
---|
754 | 754 | | Council on compliance with this act and the District’s efforts to replace lead service lines by 709 |
---|
755 | 755 | | 2030. To support this report, DC Water shall provide the Auditor with necessary data, including 710 |
---|
756 | 756 | | the data informing the reports submitted to the Council pursuant to subsection (a) of this section. 711 30 |
---|
757 | 757 | | |
---|
758 | 758 | | (d) DC Water shall retain historical data on the composition of service lines serving 712 |
---|
759 | 759 | | private and public properties, in public and private space, and make that data available to the 713 |
---|
760 | 760 | | public via the agency website. 714 |
---|
761 | 761 | | Sec. 115. Funding. 715 |
---|
762 | 762 | | Funds made available from the following sources shall not be used by the District of 716 |
---|
763 | 763 | | Columbia Water and Sewer Authority (“DC Water”) to fund water main replacements unless DC 717 |
---|
764 | 764 | | Water concludes that a lead service line replacement would cause the failure of the water main: 718 |
---|
765 | 765 | | (1) Amounts deposited in the Lead Service Line Replacement Fund; 719 |
---|
766 | 766 | | (2) Funds provided to DC Water by the District of Columbia to implement this 720 |
---|
767 | 767 | | Act; or 721 |
---|
768 | 768 | | (2) Federal funding awarded to DC Water to support lead service line 722 |
---|
769 | 769 | | replacements. 723 |
---|
770 | 770 | | Sec. 116. Regulations. 724 |
---|
771 | 771 | | (e) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 725 |
---|
772 | 772 | | Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue 726 |
---|
773 | 773 | | rules to implement the provisions of this act. 727 |
---|
774 | 774 | | TITLE II. LEAD SERVICE LINE PROGRAM AMENDMENTS 728 |
---|
775 | 775 | | Sec. 201. The Fiscal Year 2005 Budget Support Act of 2004, effective December 7, 2004 729 |
---|
776 | 776 | | (D.C. Law 15-2005; D.C. Official Code § 34-2151, et seq.), is amended as follows: 730 |
---|
777 | 777 | | (1) Section 6012 (D.C. Official Code § 34-2151) to read as follows: 731 |
---|
778 | 778 | | “(a) There is established within the General Fund of the District of Columbia a 732 |
---|
779 | 779 | | nonlapsing Lead Service Line Priority Replacement Assistance Fund (“Fund”) to be 733 |
---|
780 | 780 | | administered by the Mayor, in consultation with the District of Columbia Water and Sewer 734 |
---|
781 | 781 | | Authority (“WASA”). 735 31 |
---|
782 | 782 | | |
---|
783 | 783 | | “(2) There shall be deposited in the Fund the following amounts: 736 |
---|
784 | 784 | | “(A) General revenue funds appropriated by a line item in the budget 737 |
---|
785 | 785 | | submitted pursuant to § 1-204.46 and authorized by Congress in an appropriations act for the 738 |
---|
786 | 786 | | purposes of the Fund; 739 |
---|
787 | 787 | | “(B) Grants from any source to the Fund or to the District of Columbia for 740 |
---|
788 | 788 | | the purposes of the Fund; 741 |
---|
789 | 789 | | “(C) Money allocated to or deposited in the fund by the Mayor, or funds 742 |
---|
790 | 790 | | appropriated for the Fund, including capital funds; 743 |
---|
791 | 791 | | “(D) Amounts collected as fines and penalties under the Lead Service Line 744 |
---|
792 | 792 | | Replacement Omnibus Amendment Act of 2022 (“Act’); and 745 |
---|
793 | 793 | | “(E) Interest earned from the deposit or investment of monies of the Fund. 746 |
---|
794 | 794 | | “(3) The Fund shall be used to: 747 |
---|
795 | 795 | | (A) Until October 1, 2024, to provide grants to eligible District 748 |
---|
796 | 796 | | homeowners up to $2,500 to assist them in the replacement of the portion of their lead service 749 |
---|
797 | 797 | | line that is located on their private property. 750 |
---|
798 | 798 | | “(B) Implement the provisions of the act; and 751 |
---|
799 | 799 | | “(C) To support lead service line replacements, including public 752 |
---|
800 | 800 | | education, filters, and community engagement. 753 |
---|
801 | 801 | | “(4) The Director is authorized to enter into intra-District transfers from the Fund 754 |
---|
802 | 802 | | and other agreements with DC Water, District Department of Transportation, Department of 755 |
---|
803 | 803 | | Buildings, and Department of Health, as necessary to implement provisions of the act. 756 |
---|
804 | 804 | | “(5) Payments to eligible homeowners under paragraph (3)(A) are subject to 757 |
---|
805 | 805 | | appropriation and the availability of funds. This section does not establish a right to funds on the 758 |
---|
806 | 806 | | part of any person. 759 32 |
---|
807 | 807 | | |
---|
808 | 808 | | “(6)(A) The money deposited into the Fund shall not revert to the unassigned fund 760 |
---|
809 | 809 | | balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any 761 |
---|
810 | 810 | | other time, but shall be continually available for the purpose of the Fund, subject to authorization 762 |
---|
811 | 811 | | by Congress. 763 |
---|
812 | 812 | | “(B) Subject to authorization in an approved budget and financial plan, 764 |
---|
813 | 813 | | any funds appropriated in the Fund shall be continually available without regard to fiscal year 765 |
---|
814 | 814 | | limitation.”. 766 |
---|
815 | 815 | | (2) Effective October 1, 2024, sections 6013, 6014, 6015, 6016, 6017, 6019a, 767 |
---|
816 | 816 | | 6019b, 6019c, 6019d, and 6019f (D.C. Official Code § 35-1215 through § 35-2156, § 35-2158 768 |
---|
817 | 817 | | through § 35-2161, and § 35-2163) are repealed. 769 |
---|
818 | 818 | | TITLE III. FISCAL IMPACT AND EFFECTIVE DATE 770 |
---|
819 | 819 | | Sec. 301. Fiscal impact statement. 771 |
---|
820 | 820 | | The Council adopts the fiscal impact statement in the committee report as the fiscal 772 |
---|
821 | 821 | | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 773 |
---|
822 | 822 | | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 774 |
---|
823 | 823 | | Sec. 302. Effective date. 775 |
---|
824 | 824 | | This act shall take effect following approval by the Mayor (or in the event of veto by the 776 |
---|
825 | 825 | | Mayor, action by Council to override the veto), a 30-day period of congressional review as 777 |
---|
826 | 826 | | provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 778 |
---|
827 | 827 | | 24, 1973 (87 Sat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 779 |
---|
828 | 828 | | Columbia Register. 780 |
---|