§ 8–151.03. Department of Energy and Environment; establishment; transfers.

(a) Pursuant to § 1-204.04(b), the Council establishes the Department of Energy and Environment as an agency within the executive branch of the District of Columbia government to consolidate the administration and oversight of environmental laws, regulations, and programs into a single agency.

(b)(1) Within 180 days of February 15, 2006, the Mayor shall:

(A) Submit to the Council a proposed organizational plan, including an organizational chart, of the DOEE;

(B) Transfer to DOEE, as feasible:

(i) Existing staff and funding, including any available grant funds and other necessary unexpended funds, from other agencies currently performing duties related to the environment;

(ii) Existing agencies, programs, departments, administrations, boards, or commissions implementing, administering, or enforcing federal or District laws relating to the environment, whether involving public or private property, including:

(I) All of the policy functions of the Tree Management Administration within the District Department of Transportation;

(II) Management of Underground Storage Tank, Toxic Substance, U.S. Environmental Protection Agency funded lead-based paint abatement and control activities lead poison prevention program [sic], Hazardous Waste of Materials [sic], and Toxic Substances divisions within the Department of Health;

(III) Management of the Air Quality, Fisheries and Wildlife, Watershed Protection, and Water Quality divisions of Environmental Quality within the Department of Health;

(IV) Policy authority for Vector Control within the Department of Health; and

(V) Those policy setting duties and functions of the Director of the Department of Public Works related to recycling policy, including:

(aa) Researching the technology available for solid waste utilization;

(bb) Identifying potential markets for recyclable materials and obtaining statements of interest for recovered materials;

(cc) Identifying the amount and characteristics of the solid waste stream in the District;

(dd) Providing an assessment of the potential impact of alternative methods of solid waste management, including the public health, physical, social, economic, fiscal, environmental, and aesthetic implications;

(ee) Conducting and evaluating the results of public forums or surveys of local citizen opinion on solid waste management practices; and

(ff) Coordinating efforts to stimulate markets for recycled materials, including District government purchasing policies; and

(iii) Interpretative authority of all District laws, rules, regulations, and standards relating to the environment;

(C) Designate DOEE the lead agency, as that term is defined in § 8-109.02 and give DOEE primary responsibility for preparing any Environmental Impact Statement required by subchapter V of Chapter 1 of this title;

(D) If the Mayor determines primacy may be of benefit to the District, have conducted an analysis of the feasibility of assuming primacy, in accordance with subpart B [of] 40 C.F.R. 142 for SDWA; and

(E) Have conducted an analysis of the feasibility and benefit of restructuring the Storm Water Management Administration, including recommendations on how a restructured Storm Water Management will employ progressive and innovative initiatives, including those not yet recognized by the U.S. Environmental Protection Agency, to meet the environmental problems and challenges in the District.

(2) Within one year of February 15, 2006, the Mayor shall transfer those duties and functions of the General Manager of the Water and Sewer Authority related to stormwater administration, including the monitoring and coordinating the activities of all District agencies that are required to maintain compliance with the storm water permit, receiving and expending funds from the Storm Water Permit Compliance Enterprise Fund, and establishing a Storm Water Advisory Panel.

(3) Pending the transfer of functions and duties of an affected agency to DOEE, nothing in this chapter shall be construed to impair the performance by that agency of its functions and duties.

(Feb. 15, 2006, D.C. Law 16-51, § 103, 52 DCR 10812; Aug. 16, 2008, D.C. Law 17-219, § 6002, 55 DCR 7598; May 2, 2015, D.C. Law 20-271, § 312, 62 DCR 1884; Oct. 8, 2016, D.C. Law 21-160, § 6045, 63 DCR 10775.)

Section References

This section is referenced in § 8-152.01, § 8-152.02, and § 8-152.05.

Effect of Amendments

D.C. Law 17-219, in subsec. (b)(1)(B)(ii)(II), substituted “and control activities lead poison prevention program” for “and control activities”.

The 2015 amendment by D.C. Law 20-271 deleted “in conjunction with the Environmental Planning Commission” following “solid waste management practices” in (b)(ii)(V)(ee).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 312 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, November 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 312 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

Short Title

Short title: Section 6001 of D.C. Law 17-219 provided that subtitle A of title VI of the act may be cited as the “Transfer of the Lead Poison Prevention Program to the District Department of the Environment Amendment Act of 2008”.

Editor's Notes

For a requirment that the Department of Energy and Environment award an annual grant, on a competitive basis, in an amount not to exceed $200,000, to provide wildlife rehabilitation services, see section 6092 of D.C. Law 22-168.

Mayor's Orders

Designation of Director of the District Department of the Environment as Natural Resources Trustee, see Mayor’s Order 2011-96, May 10, 2011 ( 58 DCR 4474).