Chapter 21A. Lead Service Line Replacement Assistance.

§ 34–2151. Lead Service Line Priority Replacement Assistance Fund.

(a) There is established within the General Fund of the District of Columbia a nonlapsing Lead Service Line Priority Replacement Assistance Fund (“Fund”) to be administered by the Mayor, in consultation with the District of Columbia Water and Sewer Authority (“WASA”).

(b) The purpose of the Fund shall be to provide grants to eligible District homeowners up to $2,500 to assist them in the replacement of the portion of their lead service line that is located on their private property.

(c) Payments to eligible homeowners are subject to appropriation and the availability of funds. This chapter does not establish a right to funds on the part of any person.

§ 34–2152. Funding.

(a) The Fund shall be comprised of:

(1) General revenue funds appropriated by a line item in the budget submitted pursuant to § 1-204.46 and authorized by Congress in an appropriations act for the purposes of the Fund;

(2) Grants from any source to the Fund or to the District of Columbia for the purposes of the Fund;

(3) Capital funds appropriated for the purposes of the Fund; and

(4) Interest earned from the deposit or investment of monies of the Fund.

(b) The monies shall be deposited into the Fund without regard to fiscal year limitation pursuant to an act of Congress, and shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the purpose of the Fund, subject to authorization by Congress.

(c) The Mayor shall include in the fiscal year 2006 budget estimates of the District an amount as may be necessary for capitalization of the Fund.

§ 34–2153. Eligibility criteria.

(a) To be eligible for an assistance grant from the Fund, a household must:

(1) Have an aggregate income of 60% or less than the area median income for a household of like size in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development; and

(2) Have a known lead service line.

(b) Grants shall be awarded, to the extent reasonably possible, according to the following priority:

(1) Households with a tap water test that shows a lead level at or above 15 parts per billion and that include:

(A) A child under the age of 6 years;

(B) A pregnant woman; or

(2) Households with a tap water test that shows a lead level below 15 parts per billion and which include:

(A) A child under the age of 6 years;

(B) A pregnant woman; or

(3) To all other eligible households.

(1) The District shall pay 100% of the replacement costs of lead service lines, up to $2,000, for eligible households with incomes of 20% or less of the area median income for a household of like size;

(2) The District shall pay 80% of the replacement costs of lead service lines, up to $2,000, for eligible households with incomes of 21% to 30% of the area median income for a household of like size;

(3) The District shall pay 60% of the replacement costs of lead service lines, up to $2,000, for eligible households with incomes of 31% to 40% of the area median income for a household of like size;

(4) The District shall pay 50% of the replacement costs of lead service lines, up to $2,000, for eligible households with incomes of 41% to 60% of the area median income for a household of like size.

(d) If funds are not sufficient to pay for the replacement costs of lead service lines for all eligible households under this section, priority shall be given to providing grants to the eligible households with the lowest total income in the priority established under subsection (b) of this section.

(Dec. 7, 2004, D.C. Law 15-205, § 6014, 51 DCR 8441; Mar. 2, 2007, D.C. Law 16-191, §§ 23, 57, 53 DCR 6794.)

Section References

This section is referenced in § 34-2154.

Effect of Amendments

D.C. Law 16-191, in subsec. (a)(2), validated a previously made technical correction.

Emergency Legislation

For temporary (90 day) addition, see § 6014 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) addition, see § 6014 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

§ 34–2154. Administering of grants.

WASA shall administer the grants under this chapter. A household requesting a grant for assistance in replacing a lead service line on private property shall apply to WASA for the grant, and WASA shall determine whether the household meets the eligibility criteria of § 34-2153(a). Upon determination by WASA that a household is eligible for a grant under this chapter, WASA or a subcontractor of WASA shall replace the service line on private property at cost and shall credit the household for the amount of the grant for which it is eligible against the costs of replacement.

§ 34–2155. Rules and procedures.

The Mayor, in consultation with WASA, is authorized to promulgate rules and to establish procedures to implement this chapter.

§ 34–2156. Non-liability of the District and the Water and Sewer Authority.

The replacement of a lead service line that is located on private property and that is funded, in whole or in part, pursuant to this chapter shall not be the responsibility of the District or WASA. Neither the District nor WASA shall be liable for any negligent acts or acts of omission associated with the replacement of lead service lines, and the District shall incur no liability associated with the replacement of the lines.

§ 34–2157. Applicability. [Repealed]

Repealed.

§ 34–2158. Full lead water service line replacement.

(a)(1) Except as provided in paragraphs (2) and (4) of this subsection, the District of Columbia Water and Sewer Authority ("DC Water") shall not replace the portion of a water service line that is on public property unless it also replaces the portion of the lead water service line that is on private property, if any, subject to the consent of the property owner.

(2) DC Water may replace the portion of a water service line that is on public property without replacing the portion of the lead water service line that is on private property if:

(A) DC Water requests the consent of the private property owner in writing to replace the portion of the lead water service line on private property, and DC Water receives notice that the property owner does not consent to replacement of the portion of the lead water service line on private property;

(B) DC Water requests the consent of the private property owner in writing to replace the portion of the lead water service line on private property, including an initial request sent by mail, and a second request sent 60 days after the initial request by mail or hand delivery to the property, as well as electronically, if feasible, but does not receive a response from the property owner within 120 days after DC Water sends the initial request;

(C) The replacement is necessary to repair a damaged or leaking water service line and, prior to commencing work to replace any portion of the water service line, DC Water requests the consent of the private property owner, in writing via hand delivery to the property, to replace the portion of the lead water service line on private property, including documentation describing the health risks created to occupants by a partial lead water service line replacement.

(D) In the event of the exceedance of a lead action level:

(i) The replacement is required pursuant to 40 C.F.R. § 141.84 to address the lead exposure; and

(ii) DC Water requests the consent of the private property owner in writing to replace the portion of the lead water service line on private property, including an initial request sent by mail, and a second request sent 30 days after the initial request by mail or hand delivery to the property, as well as electronically, if feasible, but does not receive a response within 60 days after DC Water makes the initial request.

(2A) In cases where DC Water replaces the portion of the water service line on public property pursuant to subsection (a)(2)(C) of this section:

(A) If DC Water has not received a response from the private property owner to replace the portion of the lead water service line on private property as of 14 days after delivery of the request described in subsection (a)(2)(C) of this section, DC Water shall request the consent of the private property owner by telephone and e-mail, if DC Water possesses that contact information; and

(B) DC Water shall complete the lead water service line replacement on private property if the private property owner provides consent within 30 days after DC Water's request under subsection (a)(2)(C) of this section.

(3) The cost of replacing lead water service lines on private property pursuant to paragraph (1) of this subsection, including overhead expense, shall be paid by DC Water using funds appropriated for this purpose in the District's annual budget.

(4) If DC Water does not have sufficient funds from the District or the private property owner to replace a portion of a lead water service line on private property, DC Water shall not replace the portion of the lead water service line on public property unless:

(A) The replacement is necessary to repair a damaged or leaking lead water service line; or

(B) In the event of an exceedance of a lead action level, the replacement is required pursuant to 40 C.F.R. § 141.84 to address the lead exposure.".

(b) Notwithstanding subsection (a) of this section, if DC Water learns that an owner of private property wishes to pay to replace the portion of a lead water service lines on his or her private property, DC Water may replace the portion of the lead water service line on public property at the same time. The cost to replace the portion of the lead water service line located on public property shall be paid by DC Water.

(c) Nothing in this section shall be construed to affect DC Water's authority under § 8-205(b) to, where DC Water deems such action necessary, perform maintenance or repair work on private property, in which case, the cost, including overhead expense, shall be paid by the property owner.

(d) For the purposes of this chapter, the term "lead water service line" means a water service line containing any lead and shall include a:

(1) Brass water service line; or

(2) Galvanized water service line.

(Dec. 7, 2004, D.C. Law 15-205, § 6019a; as added Mar. 13, 2019, D.C. Law 22-241, § 2, 66 DCR 923; Mar. 16, 2021, D.C. Law 23-229, § 3(a), 68 DCR 001112.)

Applicability

Section 7204 of D.C. Law 24-45 repealed the applicability provision of section 5 of D.C. Law 23-229 that impacted this section. Therefore the amendment of this section by §3(a)(2) of Law 23-229 has been implemented.

Section 7204 of D.C. Act 24-159 repealed the applicability provision of section 5 of D.C. Law 23-229 that impacted this section. Therefore the amendment of this section by §3(a)(2) of Law 23-229 has been implemented.

Applicability of D.C. Law 23-229: § 5 of D.C. Law 23-229 provided that the creation of subsection (d)(1) of this section by § 3(a) of D.C. Law 23-229 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.

Applicability of D.C. Law 22-241: § 7161 of D.C. Law 23-16 repealed § 5 of D.C. Law 22-241. Therefore the creation of this section by D.C. Law 22-241 has been implemented.

Applicability of D.C. Law 22-241: § 5 of D.C. Law 22-241 provided that the creation of this section by § 2 of D.C. Law 22-241 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 22-241, see § 7161 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 22-241, see § 7161 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

§ 34–2159. Lead water service line replacement payment assistance program.

(a) There is established a lead water service line replacement payment assistance program ("Program"), to be administered by the Department of Energy and Environment ("DOEE") and the District of Columbia Water and Sewer Authority ("DC Water"), to provide financial assistance to certain District residential property owners who elect to replace the eligible portion of the lead water service line.

(b)(1) Under the Program, the District shall pay:

(A) 100% of the replacement costs for residential property owners:

(i) With household incomes of 100% or less of the area median income; or

(ii) Whose tenants participate in District or federal housing programs; and

(B) Repealed.

(C) 50% of the replacement costs for residential property owners with household incomes 100% or more of the area median income; provided, the District shall not provide more than $2,500 to a property owner under this subparagraph.

(2) The discounts described in paragraph (1) of this subsection shall be applied to the actual replacement costs incurred by the property owner; provided, that DOEE may establish a reasonable cap for replacements costs based on the cost of similar replacements completed by DC Water.

(3) The discounts provided in this subsection shall be subject to the availability of funds.

(4) For the purposes of this subsection, the term "area median income" means the area median income for a household of like size in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development.

(c) DOEE shall develop and make available on its website an application form specific to the Program that requires only the information needed to determine eligibility for the Program.

(d)(1) Within 30 days after the receipt of a completed application, DOEE shall provide written notification to the applicant of approval or denial of the applicant's payment assistance application.

(2) If an application is approved, DOEE shall include in the written notification the amount of the discount for which the applicant has been approved, as determined under subsection (b) of this section, and a description of the steps the applicant must take to receive the financial assistance.

(3) If an application is approved, but funds are insufficient to assist the applicant during the current fiscal year, DOEE shall place the applicant on a waiting list for the following fiscal year and notify the applicant of their number on the waiting list.

(4) If an application is denied, DOEE shall include in the written notification the reason for the denial and the process by which the applicant can request reconsideration.

(e)(1) DOEE shall transfer funding for the discounts to DC Water at the beginning of each fiscal year pursuant to a memorandum of understanding regarding implementation of the Program.

(2) DC Water may use funding provided pursuant to this section to pay for administrative costs incurred in administering the Program.

(f)(1) DC Water shall publish on its website a list of approved contractors for residential property owners to use for the replacement of the eligible portion of a lead water service line. The list shall be updated at least once per fiscal year.

(2) If a residential property owner seeks to use a contractor not on the list required by paragraph (1) of this subsection, the residential property owner shall first receive written approval from DC Water to use that contractor. If a residential property owner does not receive written approval from DC Water to use a contractor and the contractor is not on the list required by paragraph (1) of this subsection, any replacement costs incurred by the residential property owner for work completed by the contractor shall not be eligible for financial assistance under the Program.

(g)(1) The property owner shall be responsible for securing and contracting with a contractor for the replacement of the eligible portion of a lead water service line. When the contractor completes the replacement of the eligible portion of the lead water service line, a copy of the invoice for the replacement of the eligible portion of the lead water service line shall be provided to DC Water.

(2) Subject to certification of the work by DC Water, DC Water shall pay the contractor the amount of the discount for which the residential property owner was approved and notify the property owner of the payment within 30 days after receiving an invoice under paragraph (1) of this subsection.

(3) Any replacement costs incurred by the residential property owner beyond the amount of the discount for which the residential property owner was approved shall be the responsibility of the residential property owner.

(h)(1) Except as provided in paragraph (2) of this subsection, DC Water, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.

(2) The Department of Energy and Environment, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of subsections (b), (c), and (d) of this section.

(i)(1) There is established as a special fund the Lead Service Line Replacement Fund ("Fund"), which shall be administered by the Mayor in accordance with paragraph (3) of this subsection.

(2) Revenue from the following sources shall be deposited in the Fund:

(A) Such amounts as may be appropriated to the Fund; and

(B) Any amounts appropriated in Fiscal Year 2020 for the implementation of the Program that remain unspent at the end of Fiscal Year 2020.

(3) Money in the Fund shall be used to pay the costs of implementing the Program.

(4)(A) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(B) Subject to authorization in an approved in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(j) Within 60 days after the end of each fiscal year, DOEE shall transmit to the Mayor and the Council and publicly post on the DOEE website a report that includes the following information for the lead water service line replacement payment assistance program ("Program") established pursuant to this section, for the preceding fiscal year:

(1) The number of property owners that submitted an application for financial assistance, broken down by:

(A) The categories described under subsection (b)(1) of this section; and

(B) The Ward and Advisory Neighborhood Commission in which the property is located;

(2) The number of property owners approved by DOEE for financial assistance, broken down by:

(A) The categories described under subsection (b)(1) of this section; and

(B) The Ward and Advisory Neighborhood Commission in which the property is located;

(3) The most common reasons for denial of an application for payment assistance under the Program; and

(4) Efforts made by DOEE to publicize the availability of payment assistance through the Program, including a description of the total amount of expenditures by DOEE on such efforts.

(k) For the purposes of this section, the term "eligible portion of the lead water service line" shall mean the portion of the lead water service line located on private property, or any portion of the lead water service line remaining on public property from prior work to remove a lead water service line.

§ 34–2160. Community education.

DC Water shall provide:

(1) Public education about the risks of lead water service lines, including for residents who are non-English speakers or have a low level of literacy; and

(2) Upon request, annual free lead test kits to property owners and lessees of commercial and residential buildings.

§ 34–2161. Reporting.

Within 60 days after the end of each fiscal year, the District of Columbia Water and Sewer Authority ("DC Water") shall transmit to the Mayor and the Council and publicly post on the DC Water website a report that includes the following information for the preceding fiscal year:

(1) For the lead water service line replacements under § 34-2158(a)(2):

(A) The number of times that DC Water replaced a damaged or leaking water service line on public property and requested the consent of the private property owner to replace the portion of the lead water service line on private property;

(B) The number of private property owners that provided consent, did not provide consent, or did not respond to DC Water's request for consent within 30 days after delivery of the request described in § 34-2158(a)(2)(C); and

(C) The number of locations, broken down by Ward and Advisory Neighborhood Commission, where DC Water replaced the portion of the lead water service line on public property but did not replace the portion of the lead water service line on private property; and

(2) For the lead water service line replacement payment assistance program ("Program") established by § 34-2159:

(A) The number of contractors who submitted an invoice to DC Water under § 34-2159(g)(1), broken down by:

(i) Whether or not DC Water paid the contractor the amount of the discount; and

(ii) The Ward and Advisory Neighborhood Commission in which the property is located;

(B) The most common reasons that DC Water declined to pay a contractor the amount of the discount submitted under § 34-2159(g)(1);

(C) As of September 30 of the preceding fiscal year, the number of residential property owners with lead water service lines located on their private property where the portion of the water service line on public property is not a lead water service line;

(D) The average number of days DC Water took to provide financial assistance to a contractor under the Program, from the date the contractor provided DC Water with an invoice to the date that DC Water paid the contractor the amount of the discount for which the residential property owner was approved; and

(E) A description of efforts made by DC Water to publicize the availability of financial assistance through the Program, including a description of the total amount of expenditures by DC Water on such efforts.

§ 34–2162. Lead Service Line Planning Task Force establishment.

(a) There is established a Lead Service Line Planning Task Force ("Task Force"), to be administered by the Department of Energy and Environment ("DOEE"), to develop an interagency plan for the removal and replacement of all lead water service lines by 2030 ("Plan").

(b) The Task Force shall consist of 6 members as follows:

(1) The Director of DOEE, or the Director's designee;

(2) The General Manager of the District of Columbia Water and Sewer Authority ("DC Water"); or the General manager's designee;

(3) The Director of the District Department of Transportation, or the Director's designee;

(4) The Director of the Department of Consumer and Regulatory Affairs, or the Director's designee;

(5) One representative appointed by the Chairperson of the Council committee with oversight of DC Water; and

(6) One representative appointed by the Chairperson of the Council committee with oversight of DOEE.

(c)(1) Within 2 months after August 23, 2021, the Task Force shall hold its first meeting. The Task Force shall meet at least monthly.

(2) The Task Force shall dissolve after submitting the report required by subsection (d) of this section.

(d)(1) Within 10 months after August 23, 2021, the Task Force shall transmit the Plan to the Mayor, Council, and Chairperson of the DC Water Board of Directors.

(2) The Plan shall include:

(A) An account of the role of each District agency, including agencies not part of the Task Force, in the removal and replacement of all lead water service lines by 2030;

(B) An account of identified barriers to the District removing and replacing all lead water services lines by 2030, and proposed solutions to reduce or eliminate those barriers;

(C) An account of opportunities for interagency coordination or cooperation to accelerate or improve the efficiency and cost-effectiveness of lead water service line replacements;

(D) An interagency spending proposal;

(E) Recommended changes or clarifications to DC Water's Lead Service Line Replacement Plan, released on June 14, 2021;

(F) A list of potential funding sources to support lead water service line replacements; and

(G) A list of legislative, regulatory, and policy changes to complete and fund lead line replacement work by 2030 effectively and efficiently, including draft language, when appropriate.

(3)(A) The interagency spending proposal required by paragraph (2)(D) of this subsection shall include an account of estimated spending, broken down by:

(i) Fiscal year;

(ii) Spending agency;

(iii) How the funds are intended to be used; and

(iv) Whether a funding source has been identified for the expenditure.

(B) The spending proposal required by paragraph (2)(D) of this subsection also shall include:

(i) Costs for recommendations identified pursuant to paragraph (2)(B) and (C) of this subsection; and

(ii) A separate list of unfunded agency costs identified in the spending proposal, including the number of unfunded FTEs, by agency and the FTEs' anticipated responsibilities.

(4) At least 2 months before transmitting the Plan to the Council, the Task Force shall make a draft version of the Plan available to the Mayor, the Council, and the public. The Task Force shall accept public comments on the report for at least 4 weeks following the Plan being made public.

(e) Nothing in this section shall be construed to limit the authority of DC Water or DOEE to undertake lead water service line removal or replacements before the submission of the Plan.

§ 34–2163. Reporting on lead water service line replacement spending.

(a) The District of Columbia Water and Sewer Authority ("DC Water") and the Department of Energy and Environment ("DOEE") shall separately provide the Council with a report on agency spending of federal and local funds on lead water service line replacements, broken down by spending of federal and local funds and by program. DC Water's report shall also include a breakdown of spending on lead line replacements, program management costs, street restoration, water main replacements, and other costs.

(b) DC Water and DOEE shall transmit the reports required by subsection (a) of this section twice a year, on:

(1) February 1 for the period beginning July 1 and ending December 31 of the immediately preceding year; and

(2) August 1 for the period beginning January 1 and ending June 30 of the same year.