Code of the District of Columbia

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.


(Dec. 7, 2004, D.C. Law 15-205, § 6012, 51 DCR 8441.)

Emergency Legislation

For temporary (90 day) addition, see § 6012 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 § 6012 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

Short Title

Short title of subtitle B of title VI of Law 15-205: Section 6011 of D.C. Law 15-205 provided that subtitle B of title VI of the act may be cited as the Lead Service Line Priority Replacement Assistance Act of 2004.


§ 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.


(Dec. 7, 2004, D.C. Law 15-205, § 6013, 51 DCR 8441.)

Emergency Legislation

For temporary (90 day) addition, see § 6013 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 § 6013 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).


§ 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

(C) A woman who is nursing;

(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

(C) A woman who is nursing; and

(3) To all other eligible households.

(c) Grants under this section shall be awarded as follows:

(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.


(Dec. 7, 2004, D.C. Law 15-205, § 6015, 51 DCR 8441.)

Emergency Legislation

For temporary (90 day) addition, see § 6015 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 § 6015 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).


§ 34–2155. Rules and procedures.

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


(Dec. 7, 2004, D.C. Law 15-205, § 6016, 51 DCR 8441.)

Emergency Legislation

For temporary (90 day) addition, see § 6016 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 § 6016 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).


§ 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.


(Dec. 7, 2004, D.C. Law 15-205, § 6017, 51 DCR 8441.)

Emergency Legislation

For temporary (90 day) addition, see § 6017 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 § 6017 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).


§ 34–2157. Applicability. [Repealed]

Repealed.


(Dec. 7, 2004, D.C. Law 15-205, § 6018, 51 DCR 8441; Aug. 16, 2008, D.C. Law 17-219, § 7058, 55 DCR 7598.)

Emergency Legislation

For temporary (90 day) addition, see § 6018 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 § 6018 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).


§ 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 lead 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, subject to the consent of the property owner.

(2) DC Water may replace the portion of a lead 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 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, but does not receive a response within 24 hours after DC Water makes the request; or

(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.

(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.


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

Applicability

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.


§ 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 portion of a lead water service line located on their private property if the portion of the water service line on public property is not a 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 80% or less of the area median income; and

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

(B) 80% of the first $2,000 of replacement costs, and 100% of any replacement costs beyond the first $2,000 of replacement costs for residential property owners with household incomes more than 80% but less than 100% of the area median income; and

(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) 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.

(f)(1) DC Water may publish on its website a list of approved contractors for residential property owners to use for the replacement of the portion of a lead water service line on private property.

(2) If DC Water publishes a list of approved contractors, as described in paragraph (1) of this subsection, a residential property owners shall use an approved contractor to replace the portion of the lead water service line on private property.

(g)(1) The property owner shall be responsible for securing and contracting with a contractor for the replacement of the portion of the lead water service line located on their private property. When the contractor completes the replacement of the portion of the lead water service line on the private property, a copy of the invoice for the replacement of the portion of the lead waster service line on the private property 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.


(Dec. 7, 2004, D.C. Law 15-205, § 6019b; as added Mar. 13, 2019, D.C. Law 22-241, § 2, 66 DCR 923.)

Applicability

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.


§ 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.


(Dec. 7, 2004, D.C. Law 15-205, § 6019c; as added Mar. 13, 2019, D.C. Law 22-241, § 2, 66 DCR 923.)

Applicability

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.