D.C. Act 25-689. Containing Litter and Ensuring Adequate Neighborhood (CLEAN) Collections Amendment Act of 2024.

AN ACT

To amend the Sustainable Solid Waste Management Amendment Act of 2014 to specify requirements for private collection properties including that they provide at least 32 gallons of solid waste container space per residential unit and collection services twice per week at minimum and to require the Department of Public Works to install public litter containers in residential areas and to require the Department of Public Works to undertake a commercial waste zones study; and to amend section 47-872 of the District of Columbia Official Code to require the Chief Financial Officer to undertake a study of the solid waste tax credit deduction issued to owners of condominium living units or homeowners who pay for commercial solid waste collection services.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Containing Litter and Ensuring Adequate Neighborhood (CLEAN) Collections Amendment Act of 2024".

Sec. 2. Title I of the Sustainable Solid Waste Management Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-154; D.C. Official Code § 8-1031.01 et seq.), is amended as follows:

(a) Section 104(a) (D.C. Official Code § 8-1031.04(a)) is amended as follows:

(1) Paragraph (1) is amended as follows:

(A) Subparagraph (A) is amended by striking the phrase "; and" and inserting the phrase, ", such that, taking into account frequency of service, the property owner is providing, at a minimum, capacity equivalent to 32 gallons of solid waste storage space per occupied residential unit on the property per week;" in its place.

(B) New subparagraphs (C) and (D) are added to read as follows:

"(C) Be of equal volume for source-separated trash and recyclable materials, such that residents are able to dispose of as much recyclable material as they are trash; and

"(D) Be dumpsters, rather than 32-gallon or 64-gallon waste containers, where feasible, and where dumpsters are infeasible, waste containers shall be secured in such a manner so as to protect against theft of the container when not set out for collection.".

(b) A new section 104b is added to read as follows:

"Sec. 104b. Collection services at private collection properties.

"Private collection properties shall enter into contracts with collectors of solid waste to receive services not less than twice per week at each property; provided that contracts may authorize less frequent collection during weeks where a District holiday or hazardous weather conditions prevent multiple collections.".

(c) A new section 106a is added to read as follows:

"Sec. 106a. Installation of public litter containers in residential areas.

"(a) DPW shall install public litter containers on blocks in a Residential Zone, as specified in the District of Columbia Zoning Regulations, in accordance with the process described in subsection (b) of this section.

"(b) Before installing a public litter container on a block in a Residential Zone, DPW must:

"(1) Receive a request for installation;

"(2) Confirm that the requested location is within one block of a non-Residential Zone, including Mix-Use and Neighborhood Mixed-Use Zones, that is already serviced by DPW for trash and recycling collection;

"(3) If the conditions in paragraphs (1) and (2) of this subsection are satisfied, issue a written notice of intent to install a public litter container to the Council and the affected Advisory Neighborhood Commissions ("ANC") and provide the Council and affected ANCs 30 days, excluding Saturdays, Sundays, and legal holidays, to respond; and

"(4) Give great weight to any comment from an affected ANC, pursuant to section 13(3)(A) of the Advisory Neighborhood Commissions Act of 1975 (D.C. Law 1-21; D.C. Official Code § 1-309.10(3)(A) ).".

(d) A new section 106b is added to read as follows:

"Sec. 106b. Commercial waste zones study.

"(a) No later than one year after the applicability date of this section, the DPW Director shall make publicly available a commercial waste zone study that includes:

"(1) An assessment of the current state of solid waste collection at private collection properties in the District;

"(2) Existing service patterns of solid waste collection at private collection properties and its contribution to vehicle traffic and efficiency of waste collection services to consumers;

"(3) A proposal to divide the District into commercial waste zones and the metrics informing potential zone boundaries;

"(4) Any alternative proposals to limit the number of collectors servicing similar areas of the District; and

"(5) One-year, 3-year, and 5-year plans for implementing any study recommendations, including necessary legislative changes.

"(b) The Director may retain a third-party organization to assist in the study; provided, that the organization has experience developing and administering municipal studies, analyzing large data sets, and conducting focus groups or other qualitative research.

"(c) The Director may exercise the authority granted to the Director pursuant to section 105 to obtain information related to the study from a collector.

"(d) For the purposes of this section, the term "commercial waste zone" means a defined geographic boundary, within which a limited number of collectors operate.".

Sec. 3. Section 47-872 of the District of Columbia Official Code is amended by adding a new subsection (f) to read as follows:

"(f) The Chief Financial Officer shall include in its periodic Tax Expenditure Review covering public works tax credits:

"(1) The estimated percentage of the cost of waste collection services covered by the condominium and cooperative trash collection real property tax credit; and

"(2) The median cost of commercial trash collection services reported to the Office of Tax and Revenue by apartment buildings filing mandatory income and expense reports.".

Sec. 4. 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.

(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. 5. 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. 6. Effective date.

This act shall take effect following 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)).