Chapter 10B. Public Restroom Facilities Installation and Promotion.

§ 10–1051. Definitions.

For the purposes of this chapter, the term:

(1) "BID" shall have the same meaning as provided in § 2-1215.02(7).

(2) "Participant" means a place of public accommodation located within the BID selected by the Mayor under § 10-1053 that is participating in the Community Restroom Incentive Pilot Program.

(3) "Place of public accommodation" shall have the same meaning as provided in § 2-1401.02(24).

(4) "Public restroom facility" means a restroom maintained by the District or an agent of the District and accessible to the public free of charge.

§ 10–1052. Establishment of working group and public restroom facility pilot.

(a) Within 45 days after October 1, 2019, the Mayor shall solicit recommendations from BID corporations, as that term is defined in § 2-1215.02(4), Clean Team grantees, as that term is used in § 9-602.01, and Advisory Neighborhood Commissions (“ANCs”) on locations in the District that are in need of a public restroom facility.

(b) Within 180 days after October 1, 2019, the Mayor shall transmit to the Council, the District of Columbia Water and Sewer Authority ("DC Water"), the District Department of Transportation ("DDOT"), the Department of General Services ("DGS"), the Department of Human Services ("DHS"), the Office of the Deputy Mayor for Planning and Economic Development ("DMPED"), the Metropolitan Police Department ("MPD"), the Department of Public Works ("DPW"), the Department of Health ("DOH"), and the Department of Parks and Recreation ("DPR") a report that includes:

(1) A list of sites in the District where, during the preceding fiscal year, the Mayor received 10 or more reports of human urine or feces, resulting in the dispatch of staff to the area; and

(2) A summary of the recommendations provided under subsection (a) of this section.

(c)(1) Within 30 days after the transmittal of the report required by subsection (b) of this section, the Mayor shall establish a working group to assess the need for public restroom facilities.

(2) The working group shall be composed of the following individuals:

(A) The Director of each of the following District agencies, or the Director's designee:

(i) DC Water;

(ii) DDOT;

(iii) DGS;

(iv) DHS;

(v) DMPED;

(vi) DPR;

(vii) MPD;

(viii) DOH; and

(ix) DPW; and

(B) Five members, appointed by the Mayor, as follows:

(i) Two representatives from nonprofits incorporated in the District with a focus on issues affecting individuals experiencing homelessness;

(ii) One representative from a nonprofit incorporated in the District with a focus on issues affecting seniors;

(iii) One representative from a nonprofit incorporated in the District with a focus on public health; and

(iv) One individual with expertise in urban planning.

(3) Within 30 days after the establishment of the working group, the working group shall hold its first meeting. Thereafter, the working group shall meet monthly until the date that the working group transmits its recommendations to the Council and the Mayor under paragraph (4) of this subsection.

(4) Within 150 days after the working group's first meeting, the working group shall transmit recommendations to the Council and the Mayor, which shall include:

(A) The number and type of public restroom facilities that would best serve the District's needs; and

(B) Two sites in the District that the working group recommends as pilot locations for the installation of public restroom facilities.

(5) The working group shall consider the following criteria when recommending the 2 sites under paragraph (4)(B) of this subsection:

(A) Whether the site was identified in the report compiled pursuant to subsection (b) of this section;

(B) Pedestrian traffic in the site's surrounding area;

(D) The effect that the installation of a public restroom facility at the site would have on nearby residential and commercial spaces;

(E) Proximity of the site to services for the homeless;

(F) Increased availability of restrooms available to the public as a result of the Community Restroom Incentive Pilot Program established under § 10-1053;

(G) The availability of existing restrooms available to the public near the site;

(H) Input from ANCs, BIDs, or other similar community organizations;

(I) The ability of individuals experiencing homelessness to access the site;

(J) Proximity of the site to MPD facilities or personnel; and

(K) The potential use of the site for criminal or nuisance activities.

(6) Within 30 days after receipt of the working group's recommendations, the Mayor shall:

(A) Publish online the working group's recommendations and information on how members of the public may submit comments regarding the installation of a public restroom facility at the sites recommended by the working group;

(B) Transmit the working group's recommendations to the ANCs in which the sites recommended under subsection (c)(4)(B) of this section are located and solicit a resolution from those ANCs in favor of, or in opposition to, installing a public restroom facility at the sites; and

(C) Post conspicuous signs nearby the sites recommended for a public restroom facility under subsection (c)(4)(B) of this section, which shall include:

(i) Notice of the working group's recommendation to install a public restroom facility at the site;

(ii) Directions on how to access a digital copy of the working group's recommendations; and

(iii) Information on how members of the public may submit comments regarding the installation of a public restroom facility at the site.

(d) Not Funded.

(e) Not Funded.

(f) Not Funded.

(g) Not Funded.

(Apr. 11, 2019, D.C. Law 22-280, § 3, 66 DCR 1595.)

Applicability

Section 6102(c) of D.C. Law 25-50 provided that subsections (d), (e) and (f) of this section are subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore the creation of those subsections have not been implemented.

Applicability of D.C. Law 22-280: § 7166 of D.C. Law 23-16 repealed § 5 of D.C. Law 22-280. Therefore the creation of this section by D.C. Law 22-280 has been implemented.

Applicability of D.C. Law 22-280: § 5 of D.C. Law 22-280 provided that the creation of this section by § 3 of D.C. Law 22-280 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) repeal of applicability provision of D.C. Law 22-280, see § 7166 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) repeal of applicability provision of D.C. Law 22-280, see § 7166 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

§ 10–1053. Community Restroom Incentive Pilot Program. [Not Fundeded]

Not Fundeded.

(Apr. 11, 2019, D.C. Law 22-280, § 4, 66 DCR 1595.)

Applicability

Section 6102(c) of D.C. Law 25-50 provided that this section is subject to the inclusion of its fiscal effect in an approved budget and financial plan. Therefore the creation of this subsection has not been implemented.

Section 7184 of D.C. Law 24-45 repealed section 5 of D.C. Law 22-280 removing the applicability provision impacting this section. Therefore the creation of this section by section 4 of Law 22-280 has been implemented.

Section 7069 of D.C. Law 23-149 amended [added] section 5 [5a] to D.C. Law 22-280 providing that the creation of this section by D.C. Law 22-280 is subject to the inclusion of the law' fiscal effect in an approved budget and financial plan. Therefore the creation of this section has not been implemented.

Section 7184 of D.C. Act 24-159 repealed section 5 of D.C. Law 22-280 removing the applicability provision impacting this section. Therefore the creation of this section by section 4 of Law 22-280 has been implemented.

Applicability of D.C. Law 22-280: § 7166 of D.C. Law 23-16 repealed § 5 of D.C. Law 22-280. Therefore the creation of this section by D.C. Law 22-280 has been implemented.

Applicability of D.C. Law 22-280: § 5 of D.C. Law 22-280 provided that the creation of this section by § 4 of D.C. Law 22-280 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) repeal of applicability provision of D.C. Law 22-280, see § 7166 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

§ 10–1053.01. Establishment of Third-Party Public Restroom Facility Pilot Program.

(a) The Department of Public Works ("DPW") shall establish a pilot program to provide public restroom facilities by contract with a company that provides those services.

(b) Within 30 days after October 1, 2023, the Mayor shall solicit bids from companies to provide public restroom facilities in the District.

(c) Pursuant to the solicitation provided for in subsection (b) of this section, DPW shall enter into a contract for 12 months with a company that is able to:

(1) Place at least 5 public restroom facilities in the District of Columbia that:

(A) Are compliant with the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq.);

(B) Have running water for flushing toilets and sinks, but do not require a municipal water connection;

(D) Have remote monitoring and the ability to program automated hours of operation;

(2) Provide 24 hour per day full maintenance and service for each public restroom facility; and

(3) Collect data and provide reports to DPW at least monthly on:

(A) Public restroom facility usage by date and time;

(B) Incidents of misuse or vandalism;

(D) Cleanliness; and

(E) User experience.

(d) The 5 public restroom facilities should initially be placed

(1) Within 500 feet of the following locations:

(A) Dupont Circle;

(B) Columbia Heights Civic Plaza; and

(2) Within the boundaries of:

(A) Oxon Run Park; and

(B) The Downtown DC Business Improvement District.

(e) The Director of DPW may change the location of a public restroom facility placed pursuant to subsection (d) of this section at his or her discretion.

(f) The Mayor, pursuant to Chapter 5 of Title II, may issue rules to implement the provisions of this section.

(g) Within 1 month after the completion of the pilot program, DPW shall provide information to the Council and the Mayor that includes:

(1) Total cost of the program, and a breakdown of those costs;

(2) Monthly facility usage rates for each facility;

(3) Data related to how customers accessed the facilities;

(4) Any incidents of misuse or vandalism; and

(5) Data related to user experience.

§ 10–1054. Applicability.

(a) Sections 10-1052(d), (e), (f), and (g) and 10-1053 shall apply upon the date of inclusion of their 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 chapter.