Subchapter V. Environment.

§ 38–825.01. Environmental programs office.

(a)(1) An environmental programs office is established in the Department of General Services and shall:

(A) Contract with vendors to recycle all materials required by District law at all public schools, including food services, by December 31, 2010, and provide technical assistance to public charter schools about recycling.

(B) Develop a master recycling plan for public schools on or before December 31, 2011 to reach a system-wide diversion rate of 45% by August 1, 2015;

(C) Analyze utility usage at each public school and develop a plan to reduce that amount by 20% on or before August 1, 2015;

(D) Establish an integrated pest management program;

(E) Repealed.

(F) Comply with the Environmental Protection Agency’s Lead; Renovation, Repair, and Painting Program, established by 40 C.F.R. Part 745;

(G) Post the results of its environmental testing online;

(H) Promote the Environmental Protection Agency’s Indoor Air Quality Tools for Schools Program to reduce exposure to environmental factors that impact asthma among children and adults in public schools;

(I) Develop an electronic recycling policy for public schools on or before December 31, 2011; and

(J) Establish a composting program in the District of Columbia Public Schools.

(2) The contracts under paragraph (1)(A) of this subsection shall be negotiated to provide a financial incentive to reduce the amount of waste created in public schools and, when possible, to increase diversion rates in public schools;

(b) The District of Columbia Public Schools shall:

(1) Use environmentally friendly cleaning supplies in public schools; provided, that the agency may exhaust its current supply of conventional cleaners; and

(2) Prepare and transmit to the Mayor, the Council, and the Healthy Youth and Schools Commission, on or before December 31, 2012, a plan to use sustainable products in serving meals to students.

(c) On or before December 31, 2012, the Mayor shall prepare and transmit to the Council a comprehensive report describing the implementation of recycling, composting, energy-reduction, pest management, air quality, and environmentally friendly cleaning supplies programs in public schools. The report shall include:

(1) A thorough, school-by-school breakdown of the waste stream in public schools, including tonnages, components, and diversion rates;

(2) Baseline energy usage, an analysis of usage patterns, and savings achieved;

(3) Recommendations and a timeline for further implementing these programs; and

(4) A proposal for recognizing and rewarding schools that significantly improve their environmental portfolio.

(July 27, 2010, D.C. Law 18-209, § 501, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(i), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(j), 59 DCR 8025; Sept. 23, 2017, D.C. Law 22-21, § 2(b), 64 DCR 7631; Mar. 13, 2019, D.C. Law 22-240, § 2(t), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)

Effect of Amendments

D.C. Law 19-37, in subsec. (a)(1), substituted “December 31, 2011” for “December 31, 2010” in subpar. (B), deleted “and” from the end of subpar. (G ), substituted “; and” for a period the end of subpar. (H), and added subpar. (I); and, in subsec. (c), substituted “December 31, 2011” for “December 31, 2010”.

The 2012 amendment by D.C. Law 19-168 substituted “Department of General Services” for “Office of Public Education Facilities Modernization” in the introductory language of (a)(1); added (a)(1)(J); substituted “December 31, 2012” for “December 31, 2010” in (b)(2); substituted “December 31, 2012” for “December 31, 2011” in the first sentence of the introductory language of (c); and made related changes.

Applicability

Section 7182 of D.C. Law 24-45 repealed section 11 of D.C. Law 22-21 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(b) of Law 22-21 has been implemented.

Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the amendment of this section by D.C. Law 22-240 has been implemented.

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(t) of D.C. Law 22-240 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.

Section 7019 of D.C. Law 22-168 amendeded section 11 of D.C. Law 22-21 removing the applicability restriction impacting this section. Therefore the amendments made to this section by D.C. Law 22-21 have been implemented.

Applicability of D.C. Law 22-21: § 11 of D.C. Law 22-21 provided that the change made to this section by § 2(b) of D.C. Law 22-21 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 22-240, see § 7160 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 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 day) amendment of section, see § 2(i) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).

For temporary (90 day) amendment of section, see § 4062(j) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4062(j) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.

§ 38–825.01a. Prevention of lead in drinking water in schools.

(a)(1) The Department of General Services ("DGS") shall:

(A) Locate all drinking water sources at each public school and install a barcode on each of the drinking water sources;

(B) Install a filter that reduces lead in drinking water on each drinking water source in each public school and maintain the filters, at a minimum, in a manner consistent with the manufacturer's recommendations. Filters or all of the filter's component parts shall be certified for lead reduction to the National Sanitation Foundation ("NSF")/American National Standards Institute ("ANSI") Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;

(C) Post a conspicuous sign near each water source at public schools that is not a drinking water source, which includes an image that clearly communicates that water from the water source should not be used for cooking, where applicable, or consumed;

(D) Provide an annual schedule for testing drinking water sources at each public school to the Chief Operating Officer of the District of Columbia Public Schools ("COO") for distribution to parents or guardians of children at each public school at the start of each school year;

(E) Test all drinking water sources at each public school for lead annually;

(F) If a test conducted pursuant to subparagraph (E) of this paragraph shows a lead concentration over 5 parts per billion:

(i) Shut off the drinking water source as soon as possible but no later than 24 hours after receiving the test result and keep the drinking water source shut off until a subsequent test shows that the lead concentration level is not over 5 parts per billion;

(ii) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;

(iii) Send the test result and remediation steps to the COO within 5 business days of receiving the test result;

(iv) Update the list described in subparagraph (G) of this paragraph within 5 business days of receiving the test result to reflect the test result and remediation steps; and

(v) Notify the COO and update the list described in subparagraph(G) of this paragraph within 5 business days of completion of the remediation steps required by sub-subparagraph (ii) of this subparagraph; and

(G) Publish on the DGS website a list of drinking water sources in each public school that describes, for each drinking water source:

(i) The date and results of the most recent lead test performed;

(ii) The date the current filter was installed;

(iii) The date when the filter will next be replaced;

(iv) The barcode identification number; and

(v) Any remediation steps that will be or have been taken.

(2) When the COO receives a test result, pursuant to paragraph (1)(e)(iii) of this subsection, or a notice of completion of remediation steps, pursuant to paragraph (1)(e)(v) of this subsection, the COO shall, within 2 business days of receiving such information, publish the information on the District of Columbia Public Schools website and send the information to parents or guardians of children attending the public school through email or other written communication.

(b)(1) Within 120 days of September 23, 2017, DGS shall provide a list of approved contractors, which may include employees or departments within DGS, to the Public Charter School Board ("PCSB"), from which public charter schools shall select a contractor to assist in meeting the requirements of paragraph (2) of this subsection.

(2) Each public charter school shall:

(A) Locate all drinking water sources at the public charter school and install a barcode on each of the drinking water sources;

(B) Install a filter that reduces lead in drinking water on each drinking water source in the public charter school and maintain the filters, at a minimum, in a manner consistent with the manufacturer's recommendations. Filters or all of the filter's component parts shall be certified for lead reduction to the NSF/ANSI Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;

(C) Post a conspicuous sign near each water source at the public charter school that is not a drinking water source, which includes an image that clearly communicates that water from the water source should not be used for cooking, where applicable, or consumed;

(D) Test all drinking water sources at the public charter school for lead annually;

(E) If a test conducted pursuant to subparagraph (D) of this paragraph shows a lead concentration over 5 parts per billion:

(ii) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;

(iii) Send the test result and remediation steps to parents or guardians of children attending the public charter school through email or written communication within 5 business days of receiving the test result;

(iv) Update the list described in subparagraph (F) of this paragraph within 5 business days of receiving the test result to reflect the test result and remediation steps; and

(v) Notify parents or guardians of children attending the public charter school and update the list described in subparagraph (F) of this paragraph within 5 business days of completion of the remediation steps required by sub-subparagraph (ii) of this subparagraph; and

(F) Publish on the public charter school's website, or on the website of the public charter school's local education agency, a list of drinking water sources in the public charter school that describes, for each drinking water source:

(i) The date and results of the most recent lead test performed;

(ii) The date the current filter was installed;

(iii) The date when the filter will next be replaced;

(iv) The barcode identification number; and

(v) Any remediation steps that will be or have been taken.

(3)(A) Any contractor selected pursuant to paragraph (1) of this subsection shall, at times and in a manner to be determined by the PCSB, provide the public charter school that selected the contractor with written proof that the contractor's services complied with the requirements of this subsection.

(B) A public charter school shall provide proof of compliance with paragraph (2) of this subsection to the PCSB.

(4) After a public charter school provides proof of compliance to the PCSB, pursuant to paragraph (3)(B) of this subsection, the PCSB shall provide proof of compliance to DGS, in a manner to be prescribed by DGS.

(5)(A) If a contractor provides false or misleading proof of compliance under paragraph (3)(A) of this subsection, the Mayor shall, for a 5–year period:

(i) Remove the contractor from all DGS-approved contractor lists;

(ii) Prohibit the contractor from participating in the activities described in this subsection; and

(iii) Prohibit the contractor from conducting business with the District government.

(B) The penalty provided in this paragraph shall be in addition to any other penalty provided by law.

(6)(A) The Mayor, at a reasonable time, with reasonable notice, and upon presentation of appropriate credentials to, and with the consent of, the owner, operator, or person in charge, or the PCSB, pursuant to § 38-1802.11, may enter a public charter school to determine the public charter school's compliance with this subsection and inspect and copy any record, report, or other document or information related to compliance with this subsection.

(B) If a public charter school fails to consent under subparagraph (A) of this paragraph:

(i) The Mayor shall require the repayment of funds that were paid to the public charter school to cover the cost of complying with paragraph (2) of this subsection; and

(ii) The PCSB may revoke the public charter school's charter pursuant to § 38-1802.13(a)(1).

(7) A person aggrieved by an action of the Mayor taken pursuant to paragraph (5) or paragraph (6)(B)(i) of this subsection may appeal the action of the Mayor to the Office of Administrative Hearings pursuant to § 2-1831.03(b-14).

(8) The Mayor may impose civil infraction penalties, fines, and fees as sanctions for any violation of this subsection, pursuant to Chapter 18 of Title 2 ("Civil Infractions Act"). Enforcement and adjudication of an infraction shall be pursuant to the Civil Infractions Act.

(c) Nothing in this section is intended to, or does, create a private right of action against any person or entity based upon compliance or noncompliance with its provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this section in any civil, criminal, or administrative action against the District of Columbia.

(d) Within 120 days of the September 23, 2017, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.

(July 27, 2010, D.C. Law 18-209, § 501a; as added Sept. 23, 2017, D.C. Law 22-21, § 2(c), 64 DCR 7631; Nov. 13, 2021, D.C. Law 24-45, § 4242(b), 68 DCR 010163.)

Applicability

Section 7182 of D.C. Law 24-45 repealed section 11 of D.C. Law 22-21 removing the applicability provision impacting this section. Therefore the creation of this section by section 2(c) of Law 22-21 has been implemented.

Applicability of D.C. Law 22-21: § 11 of D.C. Law 22-21 provided that the addition of this section by § 2(c) of D.C. Law 22-21 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 § 4242(b) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

Editor's Notes

Section 9 of D.C. Law 22-21 provided that within one year after September 23, 2017, the Mayor shall host 4 community meetings open to the public on the implementation of D.C. Law 22-21 and notify the public about each meeting on the Department of General Services website at least one month before the meeting is held.

§ 38–825.02. Environmental Literacy Program.

(a) An Environmental Literacy Program is established within the Office of the State Superintendent of Education. The Environmental Literacy Program shall:

(1) Coordinate the efforts of the District Department of the Environment, the District of Columbia Public Schools, the Public Charter School Board, the Office of the State Superintendent of Education, the State Board of Education, the University of the District of Columbia, the Department of Parks and Recreation, the Department of General Services, and the Department of Employment Services to triennially develop an environmental literacy plan for public schools, public charter schools, and participating private schools;

(2) Establish and convene an Environmental Literacy Advisory Committee, composed of community organizations, District government agencies, and other interested persons;

(3) Collect data on the location and types of environmental education programs in public schools, public charter schools, and participating private schools;

(4) Provide environmental education guidance and technical assistance to public schools, public charter schools, and participating private schools;

(5) Provide training, support, and assistance for environmental literacy programs in public schools, public charter schools, and participating private schools; and

(6) Assist public schools and public charter schools in receiving certification as U.S. Department of Education Green Ribbon Schools.

(b) The environmental literacy plan shall, at minimum, include the following:

(1) Relevant teaching and learning standards adopted by the State Board of Education;

(2) Professional development opportunities for teachers;

(3) Suitable metrics to measure environmental literacy;

(4) Suitable methods to increase environmental literacy;

(5) Governmental and nongovernmental entities that can assist schools in the achievement of those goals; and

(6) A proposed implementation method for the plan.

(c) Beginning in 2020, and triennially thereafter, the Environmental Literacy Program shall include in the comprehensive report required by § 38-823.03, an update about the state of environmental education in the District, plans for expansion, and recommendations for improving the program.

(d)(1) The Office of the State Superintendent of Education ("OSSE") shall establish an Environmental Literacy Leadership Cadre ("Cadre"), which shall be comprised of teachers, selected by OSSE, at public schools and public charter schools. Each teacher in the Cadre shall:

(A) Create, if applicable, and help maintain a garden at the teacher's school;

(B) Implement composting and recycling programs at the teacher's school;

(C) Implement the June 2012 environmental literacy plan, or a subsequent environmental literacy plan developed pursuant to this section, and other OSSE-approved guidance, at the teacher's school; and

(D) Assist other teachers at the teacher's school with incorporating science standards.

(2) OSSE shall provide each teacher selected to participate in the Cadre with an appropriate and fair stipend, in addition to the teacher's salary.

(3) OSSE shall provide grants to nonprofit and community-based organizations to support the schools represented in the Cadre by providing or coordinating programs and activities related to school-based environmental literacy programs.

(4) OSSE may create or implement other initiatives or projects that support the Cadre.

(July 27, 2010, D.C. Law 18-209, § 502, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(j), 58 DCR 6841; Dec. 17, 2014, D.C. Law 20-142, § 311(b), 61 DCR 8045; Oct. 22, 2015, D.C. Law 21-36, § 4102, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 6112, 63 DCR 10775; Mar. 13, 2019, D.C. Law 22-240, § 2(u), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)

Effect of Amendments

D.C. Law 19-37 designated the existing text as subsec. (a); and added subsecs. (b) and (c).

The 2014 amendment by D.C. Law 20-142 rewrote this section.

The 2015 amendment by D.C. Law 21-36 added (d).

Applicability

Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the amendment of this section by D.C. Law 22-240 has been implemented.

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(u) of D.C. Law 22-240 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 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 day) amendment of section, see § 2(j) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).

For temporary (90 days) amendment of this section, see § 4102 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-142: Section 502(e) of D.C. Law 20-142 provided that § 311 of the act shall apply as of December 17, 2014.

§ 38–825.03. School Gardens Program.

(a) A School Gardens Program is established within the Office of the State Superintendent of Education. The School Gardens Program shall:

(1) Coordinate the efforts of community organizations, the Department of Parks and Recreation, the District Department of the Environment, the District of Columbia Public Schools, the Department of General Services, the Public Charter School Board, and the University System of the District of Columbia to establish gardens as integral components of public schools and public charter schools;

(2) Complement the Food Production and Urban Gardens Program, established by § 48-402;

(3) Establish and convene a Garden Advisory Committee, composed of community organizations, District government agencies, and other interested persons;

(4) Collect data on the location and types of gardens in public schools and public charter schools;

(5) Provide technical assistance to public schools and public charter schools;

(6) Coordinate curricula for school gardens and related projects;

(7) Provide training, support, and assistance to gardens in public schools and public charter schools; and

(8) Assist public schools and public charter schools in receiving certification as U.S. Department of Education Green Ribbon Schools.

(b) On or before September 30, 2020, and biennially thereafter, the School Gardens Program shall issue a report to the Mayor, the Council, and the Healthy Youth and Schools Commission about the state of school gardens in the District of Columbia, plans for expanding them, and recommendations for improving the program.

(c) The University of the District of Columbia shall assist the School Gardens Program by providing technical expertise, curricula, and soil testing for school gardens.

(d) As permitted by federal law, when tests show that the soil is safe and when produce is handled safely, produce grown in school gardens may be identified and served to students at the school, including in the cafeteria. Produce grown in school gardens may be sold and the proceeds from such sales shall be expended for the benefit of the school garden program at the school where the produce is grown.

(e) School gardens shall include a demonstration compost pile when feasible.

(July 27, 2010, D.C. Law 18-209, § 503, 57 DCR 4779; Oct. 20, 2011, D.C. Law 19-37, § 2(k), 58 DCR 6841; Sept. 20, 2012, D.C. Law 19-168, § 4062(k), 59 DCR 8025; Mar. 13, 2019, D.C. Law 22-240, § 2(v), 66 DCR 912; Sept. 11, 2019, D.C. Law 23-16, § 7160, 66 DCR 8621.)

Section References

This section is referenced in § 38-826.02.

Effect of Amendments

D.C. Law 19-37, in subsec. (a), deleted “and” from the end of par. (6), substituted “; and” for a period the end of par. (7), and added par. (8); and, in subsec. (b), substituted “June 30, 2012” for “June 30, 2011”.

The 2012 amendment by D.C. Law 19-168 substituted “Department of General Services” for “Office of Public Education Facilities Modernization” in (a)(1).

Applicability

Applicability of D.C. Law 22-240: § 7160 of D.C. Law 23-16 repealed § 3 of D.C. Law 22-240. Therefore the amendment of this section by D.C. Law 22-240 has been implemented.

Applicability of D.C. Law 22-240: § 3 of D.C. Law 22-240 provided that the change made to this section by § 2(v) of D.C. Law 22-240 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 22-240, see § 7160 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 day) amendment of section, see § 2(k) of Healthy Schools Emergency Amendment Act of 2011 (D.C. Act 19-143, August 9, 2011, 58 DCR 6814).

For temporary (90 day) amendment of section, see § 4062(k) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 4062(k) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 4063 of D.C. Law 19-168 provided that § 4062 of the act shall apply as of June 20, 2012.