Bill Summary – FastDemocracy

ENGROSSED ORIGINAL

                                                  A BILL

 2

                                                  25-750

 4

                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 6

                                  _________________________

 8

 9

 To require the Construction Codes Coordinating Board to issue final rules establishing sound

       level reduction design requirements for any new residential property construction within

       an activity area or an entertainment area by no later than 30, 2026; to require sound level

       disclosures to tenants or purchasers of a dwelling unit located in an activity or

       entertainment area starting January 1, 2026; to require the Mayor to establish a grant

       program for soundproofing upgrades of qualifying dwelling units, residential properties,

       and entertainment venues by no later than October 1, 2026; to amend the Office of Cable

       Television, Film, Music, and Entertainment Amendment Act of 2015 to require the

       Office of Cable Television, Film, Music and Entertainment (“Office”) to provide mobile

       or temporary acoustic shells at specific locations for certain permitted performances, to

       require the Office to install five digital decibel feedback signs in specific locations in

       coordination with the District Department of Transportation, and to require the Office to

       issue a report to the Council on the facilitation of outdoor performances in public space

       by no later than January 1, 2026; and to require the Mayor to allow persons to submit

       service requests for noise complaints via the 311 system.

25

        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the “Harmonious Living Amendment Act of 2024”.

        Sec. 2. Definitions.

        (a) For purposes of this act, the term:

                (1) “Activity area” includes any parcel or lot within, or with exterior boundaries

 abutting, the following zones as defined in Title 11 of the District of Columbia Municipal

 Regulations:

                                                        1

                                                                            ENGROSSED ORIGINAL

                        (A) ARTS-1 through ARTS-4;

                        (B) MU-4 through MU-29

                        (C) NC-6 through NC-16.

                        (D) D-1 through D-8.

                (2) “Construction codes” shall have the same meaning as provided in section 2(2)

 of the Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987

 (D.C. Law 6-216; D.C. Official Code § 6-1401(2)).

                (3) “Dwelling unit” means a room or group of rooms that form a single

 independent habitable unit for permanent occupation by one or more individuals, that has living

 facilities with permanent provisions for living, sleeping, eating, and sanitation. The term

 “dwelling unit” does not include a unit within a hotel, motel, or seasonal or transient facility,

 unless such unit is or will be occupied by a person at risk, as defined in § 8-231.01(31), for a

 period exceeding 30 days.

                (4) “Entertainment area” means any parcel or lot with all exterior boundaries

 within 300 feet of an entertainment venue.

                (5) “Entertainment venue” means:

                        (A) An establishment with an on-premises retailer’s license for a

 nightclub, club, or multipurpose facility as provided for in D.C. Official Code § 25-113;

                        (B) An establishment with a manufacturer’s license, class A, B, or C,

 holding an on-site sales and consumption permit or a retailer's license, class C/R, D/R, C/H, D/H,

                                                       2

                                                                            ENGROSSED ORIGINAL

 C/T, D/T, C/B, and D/B, with an entertainment endorsement as provided for in D.C. Official

 Code § 25-113.01; or

                          (C) Locations of cultural significance as entertainment venues, as declared

 by the Mayor.

                   (6) “Median family income” means he median family income for the Washington

 Metropolitan Statistical Area as set forth by the United States Department of Housing and Urban

 Development, adjusted for household size, without regard to any adjustments made by the

 United States Department of Housing and Urban Development for the purposes of the programs

 it administers.

                   (7) “Residential property” means improved real property used exclusively for

 non-transient residential dwelling purposes.

        Sec. 3. Construction Codes Coordinating Board sound level reduction design

 requirements rulemaking.

        No later than June 30, 2026, the Construction Codes Coordinating Board shall publish a

 notice of final rulemaking amending the Construction Codes to establish sound level reduction

 design requirements for any new residential property construction within an activity area or an

 entertainment area.

        Sec. 4. Sound level disclosure.

        (a) Beginning on January 1, 2026, the owner of a residential property or dwelling unit

 located in an entertainment area or activity area shall disclose to the purchaser or tenant of

 residential property or dwelling unit:

                                                       3

                                                                             ENGROSSED ORIGINAL

                (1) That the location of the residential property or dwelling unit is within an

 entertainment area or activity area;

                (2) That expected sound levels within an entertainment area or activity area may

 be higher than they are outside an entertainment or activity area;

                (3) A brief description of any soundproofing measures present in the residential

 property or dwelling unit; and

                (4) A list of entertainment venues within 300 feet of the residential property or

 dwelling unit with daily hours of operation for each venue.

        (b) The disclosures set forth in subsection (a) of this section shall be provided on a sound

 disclosure form provided by the Mayor.

        (c) The disclosures set forth in subsection (a) of this section shall be provided before the

 purchaser or tenant is obligated under any contract to purchase or lease the residential property

 or dwelling unit.

        (d) No later than October 1, 2025, the Mayor shall make publicly available the sound

 disclosure form required by subsection (b) of this section.

        Sec. 5. Grants for soundproofing upgrades.

        (a) No later than October 1, 2026, the Mayor shall establish a grant program to support

 the installation of measures mitigating sound transfer between an entertainment venue and

 abutting or nearby residential properties. Eligibility for grants shall be limited to:

                (1) Property owners whose dwelling unit or residential property are entirely

 located within an activity area or entertainment area; provided, that property owners must:

                                                        4

                                                                              ENGROSSED ORIGINAL

                         (A) Demonstrate that he or she is current on all mortgage payments for

 the last 12 months;

                         (B) Demonstrate that he or she is current on all District and federal taxes;

 and

                         (C) Demonstrate that the dwelling unit or residential property does not

 meet the proposed sound level reduction design requirements published by the Construction

 Codes Coordinating Board; or,

                 (2) Entertainment venues; provided, that the beneficial owner or owners of the

 entertainment venue must demonstrate that he, she, or they are current on all District and federal

 taxes.

          (b) The Mayor shall, pursuant to Title I of the District of Columbia Administrative

 Procedures Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.),

 issue rules to implement the provisions of this section. The rules shall, at a minimum, include the

 following:

                 (1) The maximum grant award amount for eligible property owners and

 entertainment venues;

                 (2) A list of expenses that may be covered by the grant; and

                 (3) A process or criteria that will prioritize grant funding for eligible property

 owners who are low-income or live in older properties. For purposes of this subparagraph, the

 term “low-income” means the property owner has a household income that is 60% or less of the

 median family income.

                                                         5

                                                                            ENGROSSED ORIGINAL

        Sec. 6. The Office of Cable Television, Film, Music, and Entertainment Amendment Act

 of 2015, effective October 9, 2002 (D.C. Law 14-193; D.C. Official Code § 34-1252.01 et seq.),

 is amended by adding a new section 204 to read as follows:

        “Sec. 204. Outdoor performances.

        “(a) No later than January 1, 2026, the Office shall provide temporary or mobile

 acoustical shells or other structures meant to mitigate transmission of sound to nearby buildings

 for permitted events involving the use of musical instruments or amplified sound in the following

 locations:

                “(1) Columbia Heights Civic Plaza in Lot 834 of Square 2843; and,

                “(2) The northwest corner of 14th Street, NW, and U Street, NW, located on Lot

 844 in Square 204.

                “(3) Other locations as determined by the Office.

        “(b)(1) No later than January 1, 2026, the Office shall, in coordination with the District

 Department of Transportation, install within the public right-of-way no fewer than 5 digital

 decibel feedback signs displaying the current dBA level of the surrounding area. Digital decibel

 feedback signs shall be accompanied by a summary of relevant regulations on dBA limits.

                “(2) Locations selected for installation of digital decibel feedback signs within the

 public right-of-way shall include, at minimum:

                       “(A) Those specified in subsection (a) of this section, as well as locations

 of frequent violations of maximum noise levels as prescribed in Chapters 27 and 28 of Title 20

 of the District of Columbia Municipal Regulations (20 DCMR §§ 2700 et seq. and 2800 et seq.).

                                                       6

                                                                            ENGROSSED ORIGINAL

                        “(B) The vicinity of the 600 block of 6th Street, NW.

                “(3) The digital decibel feedback signs installed pursuant to paragraph (1) of this

 subsection shall not be considered measurement equipment for the purposes of enforcing noise

 control regulations as outlined in Chapter 29 of Title 20 of the District of Columbia Municipal

 Regulations (20 DCMR § 2900 et seq.).

        “(c) The Office shall have authority to establish and administer a program to provide

 grants to performers, businesses, or organizations engaged in the management of public and

 commercial outdoor spaces, for the purposes of supporting outdoor performances in suitable

 public spaces as determined by the Office pursuant to this section.

        “(d)(1) No later than January 1, 2026, the Office shall publish a report on outdoor

 performances in the District and strategies for accommodating performances on public space that

 are in the vicinity of residential or mixed-use areas.

                “(2) The report shall include:

                        “(A) An inventory of public spaces where outdoor performance frequently

 occurs and locations where it may be encouraged;

                        “(B) Design guidelines and an action plan for accommodating outdoor

 performances that mitigates excessive sound attributable to the performances, with a focus on

 physical improvements like streetscape design, building code revisions, band shells, or other

 design standards to contain sound;

                                                        7

                                                                              ENGROSSED ORIGINAL

                         “(C) A list of buildings proximate to common or prospective outdoor

 performance locations that may be insufficiently soundproofed and recommendations for

 remedy; and

                         “(D) A review of regulations governing outdoor performance and

 recommendations for reform.”.

         Sec. 7. 311 noise complaints and reporting.

         (a) Beginning January 1, 2026, the Mayor shall permit persons to submit requests via the

 District’s 311 system regarding noise complaints. The 311 system shall provide categories for

 noise complaints, such as trash truck noise or violations of § 25-725 and route the complaint to

 the appropriate enforcement agency.

         (b) Beginning January 1, 2027, and each year thereafter, the Mayor shall submit to

 Council a report of the number of requests for service received pursuant to subsection (a) of this

 section and the number of warnings and citations issued for violations of the District’s noise

 control laws and regulations.

         Sec. 8. Applicability.

         (a) This act shall apply upon the date of inclusion of its fiscal effect in an approved

 budget and financial plan.

         (b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in

 an approved budget and financial plan and provide notice to the Budget Director of the Council

 of the certification.

                                                        8

                                                                              ENGROSSED ORIGINAL

         (c)(1) The Budget Director shall cause the notice of the certification to be published in

 the District of Columbia Register.

                 (2) The date of publication of the notice of the certification shall not affect the

 applicability of this act.

         Sec. 9. Fiscal impact statement.

         The Council adopts the fiscal impact statement in the committee report as the fiscal

 impact statement required by section 4a of the General Legislative Procedures Act of 1975,

 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

         Sec. 10. Effective date.

         This act shall take effect after approval by the Mayor (or in the event of veto by the

 Mayor, action by the Council to override the veto), and a 30-day period of congressional review

 as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December

 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).

                                                         9