D.C. Law 24-336. Office of District Waterways Management Establishment Act of 2022.
AN ACT
To establish the Office of District Waterways Management and the District Waterways Advisory Commission to comprehensively plan, promote, advocate for, and facilitate stakeholder cooperation for the diverse uses of and access to the District's waterways and adjacent property, and to require the development of a District Waterways Advisory Plan.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Office of District Waterways Management Establishment Act of 2022".
Sec. 2. Establishment; purpose and duties.
(a) There is established, within the Department of Energy and the Environment an Office of District Waterways Management ("Office"). The purpose of the Office is to plan, promote and facilitate stakeholder cooperation for the diverse uses of and access to the Anacostia and Potomac Rivers, the Washington Channel, and adjacent property.
(b) The Office shall:
(1) Publish the Waterways Advisory Plan adopted pursuant to
(2) Facilitate communication between the District, Maryland, Virginia, the federal government, businesses, community organizations, and the public on issues relevant to the Anacostia and Potomac Rivers and the Washington Channel, including economic activity, public safety and security, environment, recreation, and transportation; and
(3) Advise the Mayor and the Council on issues related to the Anacostia and Potomac Rivers, the Washington Channel, and adjacent property, including public improvements, maintenance, operations, programming, budgeting, resiliency, planning, and public safety and security.
Sec. 3. Establishment of the District Waterways Advisory Commission; composition; duties.
(a) There is established a District Waterways Advisory Commission ("Commission") to advise the Office of District Waterways and to adopt a Waterways Advisory Plan pursuant to
(b)(1) The Commission shall be comprised of 14 voting members appointed as follows:
(A) Seven members appointed by the Mayor, with the advice and consent of the Council, pursuant to
(i) Public safety;
(ii) Environmental stewardship;
(iii) Economic development or tourism;
(iv) Maritime management or policy;
(v) Athletics and recreation; and
(vi) Maritime transportation.
(B) Seven members appointed by the Chairman of the Council as follows:
(i) Two Advisory Neighborhood Commissioners, each of whose single-member districts borders a waterway, one from east of the Anacostia River and one from west of the Anacostia River;
(ii) Two individuals, each representing a Business Improvement District that borders a waterway, one from east of the Anacostia River and one from west of the Anacostia River; and
(iii) Two individuals, each representing a marina or yacht club located in the District; provided, that the individuals do not represent the same marina or yacht club; and
(iv) An individual with expertise or interest in waterway management.
(2) Members appointed pursuant to this subsection shall serve for 4-year staggered terms; provided, that of the members initially appointed under this subsection, 4 of the members appointed by the Mayor shall be appointed for a term of 4 years and 3 for a term of one year, and of the members initially appointed by the Chairman of the Council, 4 shall serve for a term of 3 years and 3 shall serve for a term of 2 years.
(c) The government officials who head the following entities, or their designees, shall serve as ex officio non-voting members of the Commission:
(1) The Office of the Deputy Mayor for Planning and Economic Development;
(2) The Office of the Deputy Mayor for Public Safety and Justice;
(3) The Metropolitan Police Department;
(4) The Fire and Emergency Medical Services Department;
(5) The District Department of Transportation;
(6) The Department of Energy and Environment;
(7) The District of Columbia Water and Sewer Authority;
(8) The Washington Convention and Sports Authority;
(9) The Public Service Commission; and
(10) The Department of Housing and Community Development.
(d) The Mayor shall request that each of the following federal agencies appoint a representative as an ex officio non-voting member of the Commission:
(1) The National Park Service;
(2) The United States Coast Guard;
(3) The Department of Defense;
(4) The Metropolitan Washington Airports Authority; and
(5) The National Capital Planning Commission.
(e) The Office of Waterways Management shall provide administrative support to the Commission.
(f) The Commission shall meet at least once every month until the first Advisory Plan developed pursuant to
(g) Proceedings of the Commission are subject to
(h) A majority of the members appointed pursuant to subsection (b) of this section shall constitute a quorum.
Sec. 4. District Waterways Advisory Plan.
(a) Within one year of the initial appointment of District Waterways Advisory Commission voting members, the Commission shall develop and adopt a District Waterways Advisory Plan ("Advisory Plan") to create a strategic vision for the Anacostia and Potomac Rivers, the Washington Channel, and adjacent property. The Advisory Plan shall include recommendations for:
(1) The orderly, safe, and efficient use of the Anacostia and Potomac Rivers and the Washington Channel for boating and recreation;
(2) Public and private uses of property and infrastructure adjacent to the Anacostia and Potomac Rivers and the Washington Channel;
(3) Interagency and regional coordination on issues relevant to the Anacostia and Potomac Rivers, the Washington Channel, and adjacent property;
(4) Environmental conservation and management of the Anacostia and Potomac Rivers, the Washington Channel, and adjacent property;
(5) Strategies for coordinated economic growth on and adjacent to the Anacostia and Potomac Rivers and the Washington Channel;
(6) Assessments of safety and security risks and needs on and adjacent to the Anacostia and Potomac Rivers and the Washington Channel;
(7) Identification of transportation gaps on and adjacent to the Anacostia and Potomac Rivers and the Washington Channel; and
(8) Opportunities to increase local control of the Anacostia and Potomac Rivers, the Washington Channel, and adjacent property.
(b)(1) The Advisory Plan shall be developed with public input and input from ex officio members of the Commission.
(2) At least 60 days prior to adoption of an Advisory Plan, the Commission shall publish a draft of the Advisory Plan for a specified public comment period that shall be not fewer than 30 days.
(3) The Commission shall hold at least 2 public meetings, one for residents east of the Anacostia River and one for residents west of the Anacostia River, to solicit public testimony and written comments on the draft Advisory Plan.
(c) After conclusion of the public comment period, the voting members of the Commission shall adopt the Advisory Plan after revisions, if any. Thereupon, the Advisory Plan shall be submitted to the Office of Waterways Management for publication.
(d) The Advisory Plan shall be updated at least once every 2 years, following the same process required for the initial Advisory Plan pursuant to subsection (b) of this section.
Sec. 5. Section 2(a) of the Advisory Neighborhood Commission Boundaries Act of 2022, effective August 10, 2022 (D.C. Law 24-148; D.C. Official Code § 1-207.38, note), is amended as follows:
(a) The boundaries of SMD 6D01 are amended by striking the phrase "then due west along a line extending from said intersection to the center line of the Washington Channel" and inserting the phrase "then southeast along the shoreline of the Washington Channel to its intersection with the southern boundary of Southwest Waterfront Park; then due west along a line extending from such intersection to the center line of the Washington Channel" in its place.
(b) The boundaries of SMD 6D07 are amended by striking the phrase "a line extending due west from a line following the eastern boundary of the drive lanes of the street identified as Marina Way in Zoning Commission Order No. 11-03J(2), dated December 7, 2018, and extending such eastern boundary to its intersection with the shoreline of the Washington Channel; then due east along such line to the shoreline of the Washington Channel; then southeast along the shoreline of the Washington Channel to the southern boundary of Southwest Waterfront Park" and inserting the phrase "a line extending due west from the southern boundary of Southwest Waterfront Park at its intersection with the shoreline of the Washington Channel; then east along such line to the southern boundary of Southwest Waterfront Park" in its place.
Sec. 6. Applicability.
(a) Sections 2, 3, and 4 of this act 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 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 act.
Sec. 7. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 8. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
