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Citizen Water Utility Board Amendment Act of 2004
Bill 15-753

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Councilmember Kathy Patterson
Councilmember Adrian Fenty
Councilmember Sharon Ambrose
Councilmember Jack Evans

A PROPOSED BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmembers Kathy Patterson and Adrian Fenty introduced the following bill, which was referred to the Committee on Public Works and the Environment.

To establish a 5-member Citizen Water Utility Board to oversee the quality of the District of Columbia's water supply and ensure that consumer concerns regarding it are addressed; and to amend the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996 to require the District of Columbia Water and Sewer Authority to provide certain data and reports to the Citizen Water Utility Board upon request.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Citizen Water Utility Board Amendment Act of 2004".

TITLE I.

Sec. 101. Definitions.

For the purposes of this title, the term:

(1) "Authority" means the District of Columbia Water and Sewer Authority established pursuant to section 202 of the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code §34-2202.02).

(2) "Board" means the Citizen Water Utility Board established pursuant to section 102 of this act.

Sec. 102. Citizen Water Utility Board.

(a) There is established a board to be known as the Citizen Water Utility Board ("Board").

(b) The Board shall be composed of 5 members, to be appointed by the Mayor, with the advice and consent of ht eCouncil, as follows:

(1) One member shall be an attorney who is admitted to practice law in the District of Columbia and qualified in environmental law;

(2) One member shall be a registered professional engineer who is experienced in sanitary engineering and qualified in the field of water quality;

(3) One member who is a public health care professional; and

(4) Two community members.

(c) Of the members initially appointed, one community member and the attorney member shall serve 2-year terms, and the other 3 members shall serve 3-year terms. All subsequent appointments shall serve 3-year terms.

(d) The Chairperson shall be appointed by the Board members.

(3) The members of the Board shall not receive compensation for their service.

(f) The Board is authorized to appoint 2 employees to the Excepted Service established by Title IX of the District of Columbia Personnel  Government Comprehensive Merit Personnel Act of 1978, effective march 3, 1979 (D.C. Law 2-139; D.C. Official Code §§1-609.01-1-609.09.

Sec. 103. Duties of the Board.

The Board shall:

(1) Periodically investigate and ascertain the quality of water supplied by the District of Columbia Water and Sewer Authority;

(2) Examine and investigate the methods employed by the Authority related to the operation of water distribution and sewage collection, treatment, and disposal systems under the control of the Authority;

(3) Obtain, inspect, and release to the public scientific data and protocols employed by the Authority; and

(4) Ensure that consumer concerns regarding the quality of the District of Columbia's water supply are addressed.

Sec. 104. Citizen Water Utility Board Fund.

There is established with the District of Columbia treasury a fiduciary fund to be known as the Citizen Water Utility Board Fund. the fund shall be accounted for under procedures established pursuant to subchapter V of Chapter 3 of Title 47, or any other applicable law. The Citizen Water Utility Board Fund shall be used exclusively by the Board for the payment of its expenses. Funding for the fund shall be provided by a special assessment to be paid by the Authority.

TITLE II.

Sec. 201. The Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code §34-2201.01 et seq.), is amended by adding a new section 221 to read as follows:

"Sec. 221. Cooperation with the Citizen Water Utility Board.

The Authority shall provide, upon request, the following information to the Citizen Water Utility Board, established by section 101 of the Citizen Water utility Board Amendment Act of 2004:

"(1) All data and reports that the Authority is required to submit to the United States Environmental Protection Agency; and

"(2) All documentation and information in the Authority's possession regarding its participation in the Washington Aqueduct Wholesale Customer Board.".

TITLE III.

Sec. 301. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) o fhte District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat 813; D.C. Official Code §1-206.02(c)(3)).

Sec. 302. 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 (*7 Stat. 813; D.C. Official Code §1-206.02(c)(1)), and publication in the District of Columbia Register.

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