Councilmember Mary M. Cheh
: PA\
Councilmember David Grosso
1

ouncilmember Brianne K, Nadeau Councilmember Brandon T. Todd
f Charles Allen
Councilmember Anita Bonds
ABILL
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA.
To amend the Water and Sewer Authority Establishment and Department of Public Works
Reorganization Act of 1996 to require that DC Water provide a period for public
comment after notice of the proposed establishment or adjustment of retail water and
sewer rates, to require DC Water to post public comments received by the agency within
5 days after the closeof the public comment period, to require DC Water to transmit to
the Mayor and Council and post to the DC Water website a copy of a Cost of Service
study, to require DC Water to treat disputes to residential customers bills made in
writing and within 30 days as timely, to require DC Water to provide notice to residential
customers ofthe requirement to dispute a contested bill in writing and within 30 days
when contacted by aresidential customer regardinga bill dispute in any manner other
than in writing, to require DC Water to list contact information for the DC Water
complaint line and the Office of the Peoples Counsel on water bills, and to prescribe
annual reporting requirements regarding the Clean Rivers Impervious Area Charge Relief
Assistance Fund; and to amend the Lead Service Line Priority Replacement Assistance
Act of 2004 to prescribe annual reporting requirements regarding the lead water service
line replacement assistance program.
46 BEIT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
47 act may be cited as the District of Columbia Water and Sewer Authority Transparency
48 Amendment Act of 2020.
49 Sec. 2. The Water and Sewer Authority Establishment and Department of Public Works
50 Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code
sl 34-2201.01 ef seq.), is amended as follows:
52 (a) Section 216 (D.C. Official Code 34-2202.16) is amended as follows:
3 (1) Subsection (b) is amended as follows:
54 (A) Paragraph (1) is amended by striking the phrase notice and public
55 hearing and inserting the phrase notice, public comment period, and public hearing in its
56 place.
37 (B) A new paragraph (2A) is added to read as follows:
58 (2A)(A) The Authority shall accept public comments on any establishment or
39 adjustment of retail water and sewer rates beginning on the date of publication of the notice of
60 the public hearing held pursuant to paragraph (1) of this subsection to the date that is 30 days
61 after the public hearing held pursuant to paragraph (1)ofthis subsection.
62 (B) Public comments submitted pursuant to this paragraph shall be
63 considered by the Authority in acting upon any establishment or adjustment of retail water and
sewer rates. The Authority shall not act on any establishment or adjustmentofretail water and
65 sewer rates until 30 days have passed since the end of the public comment period described in
subparagraph (A) of this paragraph.
67 (C) Within 5 days after the endofthe public comment period described
68 in subparagraph (A)ofthis paragraph, the Authority shall post all public comments received
69 during the public comment period on the Authority's website..
70 (2) A new subsection (b-2) is added to read as follows:
1 a Cost of Service study, the Authority shall
(b-2) Within 7 days after the completion of
T2 transmit a copyofthe study to the Mayor and the Council and post the study to the Authoritys
BB website..
74 (3) New subsection (f) and (g) are added to read as follows:
75 (f)(1) The Authority shall treat as timely challenges to a residential customers bill made
76 in writing and received by the Authority within 30 business days after the residential customers
77 receiptof the bill.
B (2) Ifa residential customer's challenge toa bill is timely, the Authority shall
719 suspend the residential customers obligation to pay the disputed bill until the customer has
80 received the result of the investigation in writing.
81 (3) Wherearesidential customer contacts the Authority regarding billing in any
82. manner other than in writing, the Authority shall inform the customerof the requirement that a
83 challenge to a residential customers bill must be made in writing and received within 30
business days after receipt of the bill to be considered timely.
85 (g) The Authority shall include on residential customers bills and the Authoritys
86 website the following:
87 (1) Information on atoll-free or local customer assistance and complaint
88 telephone number and e-mail address for the Authority, with the hours of operation noted; and
89 (2) The address, e-mail address, and customer assistance telephone numbers for
90 the Office of the Peoples Counsel, with the available hours noted..
91 (b) Section 216b(d) (D.C. Official Code 34-2202.16b(d)) is amended as follows:
(1) The existing text is designated as paragraph (1).
93 (2) A new paragraph (2) is added to read as follows:
94 (2) Within 60 days after the end of each fiscal year, the Authority shall transmit
95 to the Mayor and the Council and publicly post on the Authoritys website a report that includes
96 the following information from the preceding fiscal year:
97 (A) The total amount of funding remaining in the Clean Rivers
98 Impervious Area Charge Assistance Fund (Fund);
(B) The number of nonprofit organizations that applied for financial
100 assistance, the number of nonprofit organizations that received financial assistance, and the total
101 amount of funding provided to nonprofits through the financial assistance program required by
102 subsection (a)ofthis section;
103 (C) The numberofresidential customers that applied for financial
104 assistance, the number of residential customers that received financial assistance, and the total
105 amountoffunding provided to residential customers through the financial assistance program
106 required by subsection (b) of this section, broken down by the Customer Assistance Program
107 income limits set by the Authority;
108 (D) The average impervious area charge for residential customers:
109 (i) District-wide;
110 (ii) By ward;and
i (iii) By income level, broken down by 0-50% Average Median
112 Income (AMI), 50%-60% AMI, 60%-80% AMI, 80-100% AMI, and 100% AMI or greater;
113 (E) The average numberofdays the Authority took to process a
114 residential customers application for financial assistance, from the date the Authority received
1S an application for financial assistance from a residential customer to the date that the Authority
116 provided the residential customer with either financial assistance or notice that they did not
117 qualify for financial assistance; and
118 (F) Efforts made by the Authority to publicize the availability of financial
119 assistance through the Fund, includinga description of the total amountofexpenditures by the
120 Authority on such efforts..
121 Sec. 3. The Lead Service Line Priority Replacement Assistance Act of 2004, effective
122 December 7, 2004 (D.C. Law 15-205; D.C. Official Code 34-2151 ef. seq), is amended as
123 follows:
124 (a) Section 6019b(f) (D.C. Official Code 34-2158(f)) is amended to read as follows:
125 (f(1) DC Water shall publish on its website a list of approved contractors for residential
126 property owners to use for the replacementofthe portionof a lead water service line on private
127 property. The list shall be updated at least once per fiscal year.
128 (2) Ifa residential property owner seeks to use a contractor not on the list
129 required by paragraph (1) of this subsection, the residential property owner shall first receive
130 written approval from DC Water to use that contractor. If a residential property owner does not
131 receive written approval from DC Water to use a contractor and the contractor is not on the list
132 required by paragraph (1) of this subsection, any replacement costs incurred by the residential
133 property owner for work completed by the contractor shall not be eligible for financial assistance
134 under the Program..
135 (b) A new section 6109d is added to read as follows:
136 Sec. 6019d. Reporting.
137 Within 60 days after the end of each fiscal year, DC Water shall transmit to the Mayor
138 and the Council and publicly post on the DC Water website a report that includes the following
139 information from the preceding fiscal year:
140 (1) The number of property owners seeking financial assistance under the
141 Program, broken down by their eligibility under section 6019b(b)(1);
142 (2) The number of property owners receiving financial assistance under the
143 Program, broken down by their eligibility under section 6019b(b)(1);
144 (3) As of September 30ofthe preceding fiscal year, the number of residential
145 property owners with lead water service lines located on their private property where the portion
146 of the water service line on public property is not a lead water service line;
147 (4) The average number of days DC Water took to provide financial assistance to
148 a residential property owner under the Program, from the date of the residential property owner
149 notifying DC Water of the replacements costs to the date that DC Water provided financial
150 assistance to the property owner; and
151 (5) Efforts made by DC Water to publicize the availability of financial assistance
152 through the Program, including a description of the total amountofexpenditures by DC Water
153 on such efforts..
154 Sec. 4, Fiscal impact statement.
155 The Council adopts the fiscal impact statement in the committee report as the fiscal
156 impact statement required by section 4aofthe General Legislative Procedures Act of 1975,
157 approved October 16, 2006 (12 Stat. 2038; D.C. Official Code 1-301.47a).
158 Sec. 5. Effective date.
159 This act shall take effect following approval by the Mayor (or in the event of veto by the
160 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
161 provided in section 602(c)(1)ofthe District of Columbia Home Rule Act, approved December
162 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the District of
163 Columbia Register.