ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on an emergency basis, the District of Columbia Public Emergency Act of 1980 to
extend the Mayors authority to declare a public emergency; to amend the Coronavirus
Support Temporary Amendment Act of 2021 to remove the public health emergency as
the trigger for provisions of the act, to provide for a moratorium on utility disconnections
for qualified customers, and to repeal provisions establishing accelerated review of grant
budget modifications by the Council, to require certain improvements to the Stronger
Together by Assisting You program; to amend Title 16 of the District of Columbia
Official Code to allow housing providers to file eviction cases in Superior Court when the
tenants continuing presence is a threat to health and safety or when the tenant has
willfully or wantonly caused significant damage to the property, to allow housing
providers to file eviction cases in Superior Court for non-payment of rent on October 12,
2021 if 60 days have elapsed since the initiation or submission of an emergency rental
assistance program application or the tenant is not is eligible, provided, that an
application is not pending or under appeal, to allow housing providers to file other
eviction cases in Superior Court beginning January 1, 2022, and to require a summons be
served 30 days in advance of an initial court hearing and a readable time stamp if the
summons was served by posting; to amend section 501 of the Rental Housing Act of
1985 to provide for specific notice requirements for eviction cases involving non-
payment of rent and for cases with evictions authorized prior to March 11, 2020; and to
repeal outdated provisions of other laws.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Public Emergency Extension and Eviction and Utility Moratorium
Phasing Emergency Amendment Act of 2021.
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Sec. 2. Section 7(c-1) of the District of Columbia Public Emergency Act of 1980,
effective March 5, 1981 (D.C. Law 3-149; D.C. Official Code 7-2306(c-1)), is amended to read
as follows:
(c-1) Notwithstanding subsections (b) and (c) of this section, the Council authorizes the
Mayor to extend the 15-day March 11, 2020, emergency executive order (Mayors Order 2020-
045) issued in response to the novel 2019 coronavirus (SARS CoV-2) until October 8, 2021.
After the extension authorized by this subsection, the Mayor may extend the emergency order for
additional 15-day periods pursuant to subsection (b) or (c) of this section..
Sec. 3. The Coronavirus Support Temporary Amendment Act of 2021, effective June 24,
2021 (D.C. Law 24-9; 68 DCR 4824), is amended as follows:
(a) Section 101 is amended as follows:
(1) Subsection (a) is amended by striking the phrase during a period of time for
which the Mayor has declared a public health emergency pursuant to section 5a of the District of
Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C.
Official Code 7-2304.01), an affected employee shall be eligible and inserting the phrase an
affected employee shall be eligible in its place.
(2) Subsection (g) is amended by striking the phrase during a period of time for
which the Mayor has declared a public health emergency pursuant to section 5a of the District of
Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C.
Official Code 7-2304.01), the requirements of and inserting the phrase the requirements of
in its place.
(b) Section 102 is amended as follows:
(1) Amendatory section 1(2)(A-i) of the District of Columbia Unemployment
Compensation Act, effective August 28, 1935 (49 Stat. 946; D.C. Official Code 51-101(2)(A-
i)), in subsection (a) is amended by striking the phrase During a period of time for which the
Mayor has declared a public health emergency pursuant to section 5a of the District of Columbia
Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official
Code 7-2304.01), and in conformity and inserting the phrase In conformity in its place.
(2) Amendatory section 8(b) of the District of Columbia Unemployment
Compensation Act, effective August 28, 1935 (49 Stat. 946; D.C. Official Code 51-108(b)), in
subsection (c) is amended by striking the phrase During a period of time for which the Mayor
has declared a public health emergency pursuant to section 5a of the District of Columbia Public
Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code 7-
2304.01), and subject to and inserting the phrase Subject to in its place.
(3) Amendatory section 9(b) of the District of Columbia Unemployment
Compensation Act, effective August 28, 1935 (49 Stat. 946; D.C. Official Code 51-109(b)), in
subsection (d) is amended by striking the phrase During a period of time for which the Mayor
has declared a public health emergency pursuant to section 5a of the District of Columbia Public
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Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code 7-
2304.01), the Director and inserting the phrase The Director in its place.
(c) Amendatory section 3a of the District of Columbia Family and Medical Leave Act of
1990, effective June 24, 2021 (D.C. Law 24-9; D.C. Official Code 32-502.01), in section
104(b) is amended as follows:
(1) Amendatory subsection (a) is amended by striking the phrase During the
COVID-19 public health emergency, and inserting the phrase From March 11, 2020, until
November 5, 2021, in its place.
(2) Amendatory subsection (b) is amended as follows:
(A) Amendatory paragraph (1) is amended by striking the phrase during
the COVID-19 public health emergency and inserting the phrase from March 11, 2020, until
November 5, 2021 in its place.
(B) Amendatory paragraph (2) is repealed.
(3) Amendatory subsection (i) is repealed.
(d) Amendatory section 3a(e)(2) of the Accrued Sick and Safe Leave Act of 2008,
effective June 24, 2021 (D.C. Law 24-9; D.C. Official Code 32-531.02a(e)(2)), in section
105(a)(2) is amended to read as follows:
(2) COVID-19 emergency means the period of time from March 11, 2020,
through November 5, 2021..
(e) Amendatory section 2316(a)(1) of the Small and Certified Business Enterprise
Development and Assistance Act of 2005, effective June 24, 2021 (D.C. Law 24-9; D.C. Official
Code 2-218.16(a)(1)), in section 201(b) is amended by striking the phrase Upon the Mayors
declaration of a public health emergency pursuant to section 5a of the District of Columbia
Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official
Code 7-2304.01), the Mayor may and inserting the phrase Through November 5, 2021, the
Mayor may in its place.
(f) Amendatory section 2349(a-1) of the Small and Certified Business Enterprise
Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C.
Official Code 2-218.49(a-1)), in section 202 is amended by striking the phrase During a
period of time for which the Mayor has declared a public health emergency (PHE) pursuant to
section 5a of the District of Columbia Public Emergency Act of 1980, effective October 17, 2002
(D.C. Law 14-194; D.C. Official Code 7-2304.01) and inserting the phrase Through
November 5, 2021 in its place.
(g) Section 203(a) is amended by striking the phrase of the COVID-19 emergency and
inserting the phrase from March 11, 2020, until November 5, 2021 in its place.
(h) Section 205 is amended as follows:
(1) Subsection (a) is amended by striking the phrase a period of time for which
the Mayor has declared a public health emergency pursuant to section 5a of the District of
Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C. Law 14-194; D.C.
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Official Code 7-2304.01) (public health emergency) and inserting the phrase the period of
time from March 11, 2020, until November 5, 2021 in its place.
(2) The lead-in language of subsection (b) is amended by striking the phrase
during a public health emergency, it shall be and inserting the phrase it shall be in its place.
(i) Amendatory section 4a of the District of Columbia Funeral Services Regulatory Act of
1984, effective June 24, 2021 (D.C. Law 24-9; D.C. Official Code 3-403.01), in section 302(a)
is amended by striking the phrase a period of time for which the Mayor has declared a public
health emergency pursuant to section 5a of the District of Columbia Public Emergency Act of
1980, effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code 7-2304.01) and
inserting the phrase the period of time from March 11, 2020 until November 5, 2021 in its
place.
(j) Section 303 is repealed.
(k) Section 307 is amended by adding new subsections (h) through (p) to read as follows:
(h) Subsections (c), (d), and (e) of this section shall expire on October 12, 2021.
(i) Subsections (b) and (f) of this section shall expire the later of October 12, 2021, or 60
days after the Mayor begins allowing home internet assistance through STAY DC or a similar
District-funded program.
(j)(1) After October 12, 2021, and except as otherwise prohibited by subsections (b) and
(f) of this section, a company shall not disconnect, suspend, or degrade service, for non-payment
of a bill, any fees for service or equipment, or any other charges, if:
(A) The company has failed to engage the customer as required under
subsection (k) of this section;
(B) The customer owes less than $600;
(C) The customer has entered into a payment plan with the company and
either is meeting the terms of the payment plan or is less than 2 months behind the terms of the
payment plan;
(D) Prior to October 12, 2021, the customer has requested to enter into a
payment plan with the company and fewer than 45 days have elapsed following the customers
initial request; or
(E) The Mayor has certified or the customer has provided documentary
evidence that the customer qualifies for utility disconnection relief and not more than 90 days
have elapsed since October 12, 2021.
(2) For purposes of paragraph (1)(E) of this subsection, the Mayor shall certify
that an individual is qualified for utility disconnection relief if the individual:
(A) Has an application pending approval or under appeal, for any form of
financial assistance from the Stronger Together by Assisting You (STAY DC) Program or
other utility-assistance program;
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(B) Within the prior 6 months, received or was approved for a benefit
under the Low-Income Home Energy Assistance Program (LIHEAP), Utility Discount
Program (UDP), DC Water Emergency Relief Program (CAP), or STAY DC Program;
(C) Is receiving a benefit under the Supplemental Nutrition Assistance
Program (SNAP) or Temporary Assistance for Needy Families (TANF) program; or
(D) Is 21 years of age or older and receiving a benefit under Medicaid or
the DC Healthcare Alliance.
(3)(A) By September 13, 2021, the Mayor shall provide notice to each individual
certified as qualified for utility disconnection relief pursuant to paragraph (2) of this subsection.
(B) By September 27, 2021, and every 4 weeks thereafter until January 1,
2022, the Mayor shall provide companies and the Office of the Peoples Counsel (OPC) with a
list of each individual certified as qualified for utility disconnection relief, including the
individuals home address. Such list shall be property of the District and shall only be used to
determine that an individual on the list is qualified for relief from utility disconnection and to
communicate that to affected households and companies as needed.
(4) By August 9, 2021, the Mayor shall, pursuant to Title I of the District of
Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C.
Official Code 2-501 et seq.), promulgate emergency rules to implement this subsection,
including guidance on the Districts and the companies responsibilities under this subsection.
(k)(1) A company shall provide notice, as described in paragraph (4) of this subsection,
to a customer regarding the customers account at least 60 days in advance of disconnecting,
suspending, or degrading service, inclusive of disconnection procedures in section 311 of Title
15 of the District of Columbia Municipal Regulations (15 DCMR 311).
(2)(A) On or before October 12, 2021, a company shall provide notice as
described in paragraph (4) of this subsection to customers with a bill past due. Notice under this
subparagraph shall be mailed to the customer in hard copy and the phrase PAST DUE shall be
clearly printed on the bill or envelope.
(B) Notice under this paragraph shall take the form of a flyer included in
monthly customer bills or prominent language on the bill and be included in both hard-copy and
electronic-form bills.
(3) A past due or disconnection notice sent to a customer by a company shall
include notice as described in paragraph (4) of this subsection.
(4) Notice under this paragraph shall be issued in at least English and Spanish.
The notice shall include information on:
(A) The availability of payment assistance programs;
(B) Information on eligibility for payment assistance programs and the
process to apply to each payment assistance program;
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(C) The right of customers to remain eligible for relief from
disconnection, suspension, or degradation of service; provided, that they are eligible for relief
under subsection (j)(1)(E) of this section; and
(D) A customers right to contact OPC for assistance with negotiating a
payment plan on the customers behalf.
(5) The Public Service Commission and Board of Directors of the District of
Columbia Water and Sewer Authority (DC Water Board of Directors) may issue regulations
regarding customer engagement criteria and customer notice requirements consistent with this
subsection.
(l)(1) For a period of 90 days beginning on October 12, 2021, a company shall restore
service to a customer when the customer makes a payment to the company of at least $10;
provided, that the customer enters into a payment plan pursuant to section 308 of the
Coronavirus Support Emergency Amendment Act of 2021, effective March 17, 2021 (D.C. Act
24-30; 68 DCR 3101), section 308 of the Coronavirus Support Congressional Review
Emergency Amendment Act of 2021, effective June 7, 2021 (D.C. Act 24-96; 68 DCR 6025), or
section 308 of the Coronavirus Support Temporary Amendment Act of 2021, effective June 24,
2021 (D.C. Law 24-9; 68 DCR 4824), or makes a showing that the utility was disconnected
improperly pursuant to this act. Amounts paid by a customer pursuant to this paragraph shall be
applied in full to reduce the amounts owed by the customer to the company.
(2)(A) When a customer whose service has been disconnected, suspended, or
degraded for nonpayment is certified by the Mayor or documented by the customer to be eligible
for utility disconnection relief under subsection (j)(1)(E) of this section, a company shall
reconnect the customer without charge.
(B) A company shall reconnect a customer under subparagraph (A) of
this paragraph within 24 hours of receiving notice that the customer is qualified for utility
disconnection relief under subsection (j)(1)(E) of this section.
(m)(1) Beginning on November 1, 2021, and ending on February 1, 2022, each utility
company that is regulated by the Public Service Commission of the District of Columbia shall
report monthly to the Public Service Commission of the District of Columbia and to OPC the
number of customers, by zip code, that have entered into payment plans, that have had service
suspended or disconnected for non-payment, or that are in arrears.
(2) Beginning on November 1, 2021, and ending on February 1, 2022, the
District of Columbia Water and Sewer Authority (DC Water) shall report monthly to the DC
Water Board of Directors and to OPC the number of customers, by zip code and customer class,
that have entered payment plans, that have had service suspended or disconnected for non-
payment, or that are in arrears.
(n) A telecommunications service provider, as that term is defined by the
Telecommunications Competition Act of 1996, effective September 9, 1996 (D.C. Law 11-154;
D.C. Official Code 34-2002.01 et. seq.), shall not disconnect, suspend, or degrade basic
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telecommunications service to a customer that is participating in the federal Lifeline program for
non-payment of a bill, any fees for service or equipment, or other charges, or for noncompliance
with a deferred payment agreement.
(o) Nothing in this act shall be read to supersede the existing moratorium on
disconnections under section 106a of the Retail Electric Competition and Consumer Protection
Act of 1999, effective March 9, 2016 (D.C. Law 21-82; D.C. Official Code 34-1506.01).
(p) For the purposes of this section, the term:
(1) Payment assistance programs shall mean LIHEAP, UDP, CAP, or STAY
DC.
(2) Company or companies shall mean an electric company, gas company,
DC Water, or incumbent local exchange carrier..
(l) Section 308 is amended as follows:
(1) Subsection (c) is amended as follows:
(A) The existing text is redesignated as paragraph (1).
(B) A new paragraph (2) is added to read as follows:
(2)(A)(i) Upon request by a customer of an electric company, gas company,
incumbent local exchange carrier, or DC Water to the Office of the Peoples Counsel (OPC),
OPC shall be authorized to negotiate a payment plan on behalf of a customer.
(ii) Within 48 hours of receiving a request under this
subparagraph, OPC shall provide notice to the utility provider of the customers request.
(B) A disconnection notice sent to a customer shall include notice of the
right of a customer to request that OPC negotiate a paymen