Bane ba. dbebaer “Councilmember Brianne K. Nadeau Couneil Into ita D. Bonds Councilmember Mary & ber Davi ‘Councilmember Robert C. White, Jr. ANH ouncilmember Brandon T. Todd meg ‘Councilmember Vincent C. Bray “Suncilmember Charles Allen ABILL. IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend the Lead Service Line Priority Replacement Assistance Act of 2004 to establish a voucher program for income eligible residents to assist in paying for the replacement of lead service line pipes located on private property; to amend the Multiple Dwelling Residence Water Lead Level Test Act of 2004 to require that owners disclose to rental tenants and owner-occupants if there are lead pipes used for water in the dwelling; and to require that homeowners disclose if there are lead pipes used for water to potential buyers prior to sale BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Lead Pipe Replacement and Disclosure Amendment Act of 2017”.4l 42 43 44 45 46 47 48 49 50 51 52 53 34 55 56 37 58 39 60 61 62 63 Sec. 2. The Lead Service Line Priority Replacement Assistance Act of 2004, effective December 7, 2004 (D.C. Law 15-205; D.C. Official Code §34-2151 ef seq.), is amended as. follows: (a) The existing language is designated as Part A. (b) A new Part B is added to read as follows: “Part B, Voucher Program. “Sec, 6019a. Lead Pipe Replacement Voucher Program. “(a) There is established a lead waterline pipe replacement voucher program, the Lead Pipe Replacement Voucher Program (“Voucher Program”), to be administered by WASA for the purpose of assisting eligible District residents who are homeowners to replace the lead service line located on private property connected to the public service line for their principal place of residence, “(b) Subject to the availability of funds, the District shall provide assistance through vouchers in paying for the replacement of a lead water pipe on the homeowner's property if the feeder pipe was previously replaced by WASA but the lead service line located on private property was not replaced. “Sec. 6019b. Eligibility requirements. “(a) To be eligible for Voucher Program, an applicant shall: “(1) Be a resident of the District of Columbia; “) Own and live in his or her home as the principal place of residence more than 50% of the calendar year; “(3) Be current on District taxes, or participating in a payment plan for delinquent District taxes; and64 65 67 68 69 70 1 nR B 14 15 16 1 8 19 80 81 82 83 84 85 86 (4) Meet household income limitations as prescribed in section 60194. “(b) A homeowner shall provide as evidence of eligibility: “(1) A current mortgage statement; ““@) Proof of household income; “@) Proof of payment of property taxes; “(4) Proof of payment of income taxes; “(5) Proof of homeowners’ insurance; and “(6) Any other comparable documentation proving household income and ownership as determined by WASA. “See. 6019e. Application process. “(@) The Mayor shall develop an application form specific to the Voucher Program, Which shall require only the information needed to determine eligibility for the Voucher Program. *(b)(1) WASA shall inform residents in writing of the Voucher Program when notifying residents of plans to replace the water main or water service line. Residents must be notified: ““@) At the time WASA informs residents of plans to replace the main or service line supplying water to the residence it shall notify the resident of: “(A) Median costs for replacing the lead service line located on private property in the surrounding area; “(B) A description of the Voucher Program and income eligibility requirements of section 60194; *(C) Documentation needed to prove income and proof of ownership of the residence, and87 88 89 90 91 92 93 94 95 96 97 98 99 100° 101 102 103 104 105 106 107 108 109 “(D) A timeline for the application process. “(©) WASA shall have a community liaison to inform residents of the following: “(1) The risks of lead in the water; (2) The risks of not replacing the lead service line located on private property, and “(3) The steps involved in the replacement and application process. “(@ Within 30 days after the receipt of a completed application, the Mayor shall provide «written notification to the applicant of approval or denial of the applicant's voucher application. “(e) If the application is denied, the notification shall include the reason for the denial and the process for reconsideration “Sec, 6019d. Income restrictions “The District shall provide financial assistance to a person who meets the eligibil requirements of Section 6019b with the following income restrictions per household: (1) The District shall pay 100% of the replacement costs for households with incomes less than 50% of 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; “(2) The District shall pay for 60% of the replacement costs for households with incomes between 50% to 80% of 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. “G) Vouchers made available through the Voucher Program shall be limited to costs up to $800 per qualifying residence.”,110 M1 112 113 M4 us 116 uN7 118 119 120 121 122 123 124 125 126 127 128 129 130 131 Sec. 3. The Multiple Dwelling Residence Water Lead Level Test Act of 2004, effective April 8, 2005 (D.C. Law 15-303; D.C. Official Code §42-3251 et seq.), is amended by adding a new section 3a to read as follows: “Sec. 3a, Lead pipe disclosure requirements, “(a)(1) The owner of a dwelling unit shall disclose to the rental tenant or owner-occupant of the dwelling unit information reasonably known to the owner about the presence of any of the following conditions in the unit: “(A) Lead-pipes; “(B) Private service lead water pipes; “(2) The disclosures shall be provided on the lead disclosure form provided by the Mayor. “(3) The disclosures shall be provided before the purchaser or tenant is obligated under any contract to purchase or lease the dwelling unit, “(b) The owner may provide a report a clearance report from a risk assessor or inspector certifying that the dwelling does not have lead pipes and is a lead-free dwelling; provided, that for the purposes of this subsection, the term “lead-free dwelling” shall mean the definition of lead-free dwelling in effect at the time of dwelling certification; “(c) The owner of a dwelling unit shall provide notice to its tenants of their rights under this subchapter on a form provided by the Mayor whenever the tenant executes or renews a lease for the unit and whenever the owner provides notice of a rent increase. “(@) If the owner of a dwelling unit leams of the presence of lead pipes in a dwelling unit, the owner shall:132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 “(1) Notify the tenant of the presence of lead pipes within 10 days after discovering its presence; and “(2) Provide the tenant with a Lead Pipe Warming Statement and a Lead Hazard Information Pamphlet as prescribed by the Mayor; provided, that the Lead Warning Statement and Lead Hazard Information Pamphlet need not be provided if they have been provided to the tenant within the prior 12 months. “(@) Twelve months after the effective date of rules implementing this section, the Mayor shall submit a report to the Couneil on the status of the implementation of this section. The report shall include: (1) A statement on the capacity, to date, of both the private and public sector to carry out the provisions of this section; and 2) An analysis of other factors which may impact expanding compliance to all dwelling units, such as existing federal requirements, cost, and liability, “(Q) Within 90 days after implementation, the Mayor shall provide the lead disclosure form to be used as the basis for the lead disclosure statement required by subsections (a) and (b) of this section.” Sec. 4. Homeowner lead pipe disclosure requirement. (@)(1) A homeowner shall disclose to a buyer of the dwelling unit information reasonably known to the homeowner about the presence of any of the following conditions in the dwelling, unit: (A) Lead-pipes; (B) Private service lead water pipes;154 155 156 187 158 159 160 161 162 163 164 165 166 167 168 169 170 im 172 173 174 175 (2) The disclosures shall be provided on the lead disclosure form provided by the Mayor. (3) The disclosures shall be provided before the buyer is obligated under any contract to purchase the dwelling unit. (b) Instead of providing the disclosure form and clearance report required by this section, an owner may provide a report from a risk assessor or inspector certifying that the dwelling does not have lead pipes and is a lead-free dwelling; provided, that for the purposes of this subsection, the term “lead-free dwelling” shall mean the definition of lead-free dwelling in effect at the time of dwelling certification; or (©) If the owner of a dwelling unit learns of the presence of lead pipes in a dwelling unit, the owner shall: (1) Notify the buyer of the presence of lead pipes immediately after discovering. its presence; and (2) Provide the buyer with a Lead Pipe Waring Statement and a Lead Hazard Information Pamphlet as prescribed by the Mayor. (a) Twelve months after the effective date of rules implementing this section the Mayor shall submit a report to the Council on the status of the implementation of this section. The report shall include: (1) A statement on the capacity, to date, of both the private and public sector to carry out the provisions of this section; and (2) An analysis of other factors which may impact expanding compliance to all dwelling units, such as existing federal requirements, cost, and liability.176 77 178 179 180 181 182 183 184 185 186 187 188 (e) Within 90 days after implementation, the Mayor shall provide the lead disclosure form to be used as the basis for the lead disclosure statement required by subsections (a) and (b) of this section, Sec. 5. 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. 6, Effective date. This act shall take effect after 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(¢)(1)), and publication in the District of Columbia Register.