§ 10–712. Assessments of public buildings for environmental risks.

(a) DGS shall assess each public building every 10 years, at a minimum, for the following to identify environmental risks:

(1) Indoor air quality;

(2) Outdoor air quality;

(3) Ventilation and temperature control;

(4) Mold or mildew;

(5) Pests;

(6) The use of any pesticides that are not minimum risk pesticides or organic pesticides;

(7) Toxic chemicals and hazardous waste;

(8) Asbestos;

(9) Lead-based paint;

(10) Lead in drinking water;

(11) Radon;

(12) Carbon monoxide;

(13) Groundwater quality;

(14) Dust;

(15) Gas and diesel emissions;

(16) Polychlorinated biphenyls; and

(17) Volatile organic compounds.

(b) For each assessment listed in subsection (a) of this section, DGS shall establish protocols, in coordination with the Department of Energy and Environment and the Department of Health, by which DGS shall conduct the assessments required by subsection (a) of this section. The protocols shall describe, at a minimum:

(1) The frequency and methods of assessment;

(2) The threshold levels at which remediation measures shall be taken; and

(3) The remediation and public disclosure measures that shall be taken when an assessment reveals levels that exceed a threshold level established pursuant to paragraph (2) of this subsection.

(b-1) If DGS determines that any of the environmental risks listed in subsection (a) of this section are potential hazards at a publicly owned site that is undergoing or will undergo demolition, construction, or excavation:

(1) DGS shall promptly take any steps necessary to safeguard the public from those potential hazards and as soon as practicable conduct appropriate assessments to determine whether each environmental risk exceeds the threshold level established under subsection (b)(2) of this section and publish the complete results of that testing on the DGS website within 10 business days of receiving the test results; and

(2) If test results are found to be in excess of a threshold level established under subsection (b)(2) of this section, DGS shall:

(A) Effectively isolate the area where the environmental risk is located to safeguard the public until effective remediation occurs;

(B) Within 10 business days of receiving the test results, provide any impacted Advisory Neighborhood Commission with and publish on the DGS website a notice of potential environmental risks that includes:

(i) The potential environmental risks found;

(ii) The full testing results for each of those environmental risks;

(iii) The threshold levels at which remediation measures for that risk will be taken; and

(iv) The planned timeline for remediation.

(C) Coordinate with other relevant agencies to conduct a public meeting to share the assessment results with the affected community within 20 business days; and

(D) Repeat the appropriate testing after remediation measures have been taken until the environmental conditions identified do not exceed established threshold levels.

(c) Protocols already in existence for an assessment described in subsection (a) of this section may serve as the protocol for the relevant assessment under subsection (b) of this section if the protocol meets the requirements of subsection (b) of this section.

(d) DGS shall make available online:

(1) The protocols established pursuant to subsection (b) of this section, including any updates to the protocols;

(2) By September 30, 2017, user-friendly information about the assessments described in subsection (a) of this section for each public building, including:

(A) If an assessment found an exceedance of a threshold established under subsection (b) of this section, a brief explanation of plans for remediation;

(B) Whether DGS is complying with the protocols for each assessment; and

(C) If DGS is not complying with a protocol for an assessment, a brief explanation of its plans to come into compliance with the protocols.

(d-1) DGS shall publish online and submit to the Council an annual report by July 1st of each year that describes, for each publicly owned site that has underwent or is undergoing demolition, excavation, or construction during the reporting period, at a minimum:

(1) Any potential hazards identified at each site;

(2) The testing methods employed to assess whether the conditions pose an environmental hazard;

(3) The test results for each potential hazard identified;

(4) The threshold levels at which remediation measures will be taken;

(5) Any remediation measures taken; and

(6) How testing results and remediation strategies have been communicated to the public.

(e)(1) By September 30, 2017, DGS shall submit a report to the Council describing its compliance with this subchapter.

(2) By September 30, 2018, DGS shall submit another report to the Council describing its compliance with this subchapter.

(Apr. 1, 2017, D.C. Law 21-237, § 3, 64 DCR 1585; Mar. 16, 2021, D.C. Law 23-233, § 2(b), 68 DCR 001128; Sept. 21, 2022, D.C. Law 24-167, § 1032(b), 69 DCR 009223.)

Applicability

Section 7136 of D.C. Law 24-167 amended section 4 of D.C. Law 23-233 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(b) of Law 23-233 adding subsection (b-1) has been implemented.

Applicability of D.C. Law 23-233: § 4 of D.C. Law 23-233 provided that the change made to this section by § 2(b) of D.C. Law 23-233 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1032(b) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).