§ 34–2202.16b. Financial assistance programs.

(a)(1) The Mayor shall establish a financial assistance program to assist nonprofit organizations located in the District with a payment of their impervious area charges. To be eligible for the program, a nonprofit organization shall:

(A) Show significant hardship in paying its impervious area charge; and

(B) Allow the Department of Energy and Environment ("DOEE"), or a nonprofit organization approved by DOEE, to visit the site of the nonprofit organization and make recommendations for potential stormwater runoff mitigation projects on the site; and

(i) Install and maintain a stormwater runoff mitigation project on the site of the non-profit organization; or

(ii) If a stormwater mitigation project on the site of the nonprofit organization is infeasible, implement an alternative stormwater runoff mitigation measure or activity in the District.

(D) In the case where a nonprofit organization has already installed a stormwater runoff mitigation project on-site or implemented an alternative stormwater runoff mitigation measure or activity before the financial assistance program required by this paragraph is established, the nonprofit organization may submit, and receive DOEE's approval of, evidence of the stormwater runoff mitigation project or alternative stormwater runoff mitigation measure or activity in lieu of the written proposal required by subparagraph (C) of this paragraph.

(2) The Mayor shall establish criteria for what constitutes a significant hardship for purposes of paragraph (1)(A) of this subsection that consider, at a minimum, the nonprofit organization's revenue and the amount of the nonprofit organization's impervious area charge.

(3) The amount of financial assistance that a nonprofit organization receives through the financial assistance program required by paragraph (1) of this subsection shall not exceed the amount of the nonprofit organization's impervious area charge; and

(4)(A) Upon a finding that the nonprofit organization failed to make a reasonable and good faith effort to fulfill its proposal pursuant to subsection (a)(1)(C) of this section within one year after the proposal is approved, the Mayor may require reimbursement of any portion of funds, rate reduction, or payment reduction provided before the finding.

(B) A finding of non-performance by the Mayor under subparagraph (A) of this paragraph may be appealed by an applicant pursuant to rules issued by the Mayor.

(b)(1) The Mayor shall establish a financial assistance program to assist residential customers located in the District of Columbia with the payment of their impervious area charges.

(2)(A) Notwithstanding paragraph (1) of this subsection, the Authority may establish the financial assistance program required by paragraph (1) of this subsection; provided, that the Mayor and the Authority enter into an agreement that authorizes the Authority to establish the financial assistance program required by paragraph (1) of this subsection.

(B) If the Authority establishes the financial assistance program required by paragraph (1) of this subsection, pursuant to subparagraph (A) of this paragraph, the Authority may authorize another District agency to make the eligibility determinations described in paragraph (3) of this subsection.

(3) To be eligible for the program, a residential customer shall not have an annual household income exceeding 100% of the area median income.

(4) The Mayor, or the Authority if the Authority establishes the financial assistance program pursuant to paragraph (2) of this subsection, shall establish a sliding scale based on income level to determine the amount of financial assistance a residential customer may receive through the financial assistance program required by paragraph (1) of this subsection.

(5) The financial assistance program required by paragraph (1) of this subsection shall supplement the financial assistance programs required by § 34-2202.16(b-1).

(c) In Fiscal Year 2019, of the funds allocated to DOEE for impervious area charge relief, at least $4 million of the funds shall be spent for the impervious area charge relief program required by subsection (a) of this section. Any remaining funds in Fiscal Year 2019 dedicated to impervious area charge relief may be allocated to the program required by subsection (b) of this section.

(d)(1) The Mayor shall track the number of nonprofit organizations that apply for assistance and the number of nonprofit organizations and residential customers that receive financial assistance through the financial assistance programs required by subsections (a) and (b) of this section, including how much financial assistance each eligible nonprofit organization and residential customer receives.

(2) Within 60 days after the end of each fiscal year, the Authority shall transmit to the Mayor and the Council and publicly post on the Authority's website a report that includes the following information from the preceding fiscal year:

(A) The average impervious area charge for residential customers:

(i) District-wide; and

(ii) By ward; and

(B) Efforts made by the Authority to publicize the availability of financial assistance through the Clean Rivers Impervious Area Charge Assistance Fund, established by § 8-151.13a, including a description of the total amount of expenditures by the Authority on such efforts.

(e) At the request of the Mayor, the Authority shall provide financial assistance granted pursuant to this section directly on the bills of the non-profit organizations and residential customers through a rate reduction or a payment reduction line item. The Mayor shall transfer to the Authority funding to pay the Authority for the costs associated with the rate reduction or payment reduction.

(f) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section, including rules to establish such additional eligibility standards or requirements as the Mayor deems appropriate for implementation of the program.