Union Calendar No. 318

104TH CONGRESS

2D SESSION H. R. 3663

[Report No. 104–635]

A BILL

To amend the District of Columbia Self-Governpurposes. spect to water and sewer facilities, and for other authorize the issuance of revenue bonds with re- permit the Council of the District of Columbia to ment and Governmental Reorganization Act to

JUNE 25, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 318

104TH CONGRESS

2D SESSION H. R. 3663

[Report No. 104–635]

To amend the District of Columbia Self-Government and Governmental Reorganization Act to permit the Council of the District of Columbia to

authorize the issuance of revenue bonds with respect to water and sewer

facilities, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 18, 1996

Mr. DAVIS (for himself, Ms. NORTON, Mr. MCHUGH, Mr. GUTKNECHT, Mr.

LATOURETTE, Mr. FLANAGAN, Mr. TOWNS, Miss COLLINS of Michigan,

Mr. HOYER, Mrs. MORELLA, Mr. MORAN, and Mr. WYNN) introduced the

following bill; which was referred to the Committee on Government Reform and Oversight

JUNE 25, 1996

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

To amend the District of Columbia Self-Government and

Governmental Reorganization Act to permit the Council

of the District of Columbia to authorize the issuance

of revenue bonds with respect to water and sewer facilities, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘District of Columbia

5 Water and Sewer Authority Act of 1996’’.

6 SEC. 2. PERMITTING ISSUANCE OF REVENUE BONDS FOR

7 WASTEWATER TREATMENT ACTIVITIES.

8 (a) AUTHORITY TO ISSUE BONDS.—

9 (1) IN GENERAL.—The first sentence of section

10 490(a)(1) of the District of Columbia Self-Govern11 ment and Governmental Reorganization Act (sec.

12 47–334(a)(1), D.C. Code) is amended—

13 (A) by striking ‘‘and industrial’’ and in14 serting ‘‘industrial’’; and

15 (B) by striking the period at the end and

16 inserting the following: ‘‘, and water and sewer

17 facilities (as defined in paragraph (5)).’’.

18 (2) WATER AND SEWER FACILITIES DE19 FINED.—Section 490(a) of such Act (sec. 47–

20 334(a), D.C. Code) is amended by adding at the end

21 the following new paragraph:

22 ‘‘(5) In paragraph (1), the term ‘water and sewer fa23 cilities’ means facilities for the obtaining, treatment, stor24 age, and distribution of water, the collection, storage,

25 treatment, and transportation of wastewater, storm drain-
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1 age, and the disposal of liquids and solids resulting from

2 treatment.’’.

3 (b) USE OF REVENUES TO MAKE PAYMENTS ON

4 BONDS.—The second sentence of section 490(a)(3) of

5 such Act (sec. 47–334(a)(3), D.C. Code) is amended by

6 inserting after ‘‘property’’ each place it appears in sub7 paragraphs (A) and (B) the following: ‘‘(including water

8 and sewer enterprise fund revenues, assets, or other prop9 erty in the case of bonds, notes, or obligations issued with

10 respect to water and sewer facilities)’’.

11 (c) PERMITTING DELEGATION OF AUTHORITY TO

12 ISSUE REVENUE BONDS TO WATER AND SEWER AU13 THORITY.—

14 (1) IN GENERAL.—Section 490 of such Act

15 (sec. 47–334, D.C. Code) is amended by adding at

16 the end the following new subsection:

17 ‘‘(h)(1) The Council may delegate to the District of

18 Columbia Water and Sewer Authority established pursu19 ant to the Water and Sewer Authority Establishment and

20 Department of Public Works Reorganization Act of 1996

21 the authority of the Council under subsection (a) to issue

22 revenue bonds, notes, and other obligations to borrow

23 money to finance or assist in the financing or refinancing

24 of undertakings in the area of utilities facilities, pollution

25 control facilities, and water and sewer facilities (as defined
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1 in subsection (a)(5)). The Authority may exercise author2 ity delegated to it by the Council as described in the first

3 sentence of this paragraph (whether such delegation is

4 made before or after the date of the enactment of this

5 subsection) only in accordance with this subsection.

6 ‘‘(2) Revenue bonds, notes, and other obligations is7 sued by the District of Columbia Water and Sewer Au8 thority under a delegation of authority described in para9 graph (1) shall be issued by resolution of the Authority,

10 and any such resolution shall not be considered to be an

11 act of the Council.

12 ‘‘(3) The provisions of subsections (a) through (e)

13 shall apply with respect to the District of Columbia Water

14 and Sewer Authority, the General Manager of the Author15 ity, and to revenue bonds, notes, and other obligations is16 sued by the Authority under a delegation of authority de17 scribed in paragraph (1) in the same manner as such pro18 visions apply with respect to the Council, to the Mayor,

19 and to revenue bonds, notes, and other obligations issued

20 by the Council under subsection (a)(1) (without regard to

21 whether or not the Council has authorized the application

22 of such provisions to the Authority or the General Man23 ager).

24 ‘‘(4) The fourth sentence of section 446 shall not

25 apply to—
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1 ‘‘(A) any amount (including the amount of any

2 accrued interest or premium) obligated or expended

3 from the proceeds of the sale of any revenue bond,

4 note, or other obligation issued pursuant to this sub5 section;

6 ‘‘(B) any amount obligated or expended for the

7 payment of the principal of, interest on, or any pre8 mium for any revenue bond, note, or other obligation

9 issued pursuant to this subsection;

10 ‘‘(C) any amount obligated or expended to se11 cure any revenue bond, note, or other obligation is12 sued pursuant to this subsection; or

13 ‘‘(D) any amount obligated or expended for re14 pair, maintenance, and capital improvements to fa15 cilities financed pursuant to this subsection.’’.

16 (2) CONFORMING AMENDMENT.—The fourth

17 sentence of section 446 of such Act (sec. 47–304,

18 D.C. Code) is amended by striking ‘‘(f) and (g)(3)’’

19 and inserting ‘‘(f), (g)(3), and (h)(4)’’.

20 SEC. 3. TREATMENT OF REVENUES AND OBLIGATIONS.

21 (a) EXCLUSION OF REVENUES FOR PURPOSES OF

22 CAP ON AGGREGATE DISTRICT DEBT.—Paragraphs (1)

23 and (3)(A) of section 603(b) of the District of Columbia

24 Self-Government and Governmental Reorganization Act

25 (sec. 47–313(b), D.C. Code) are each amended by insert-
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1 ing after ‘‘revenue bonds,’’ the following: ‘‘any revenues,

2 charges, or fees dedicated for the purposes of water and

3 sewer facilities described in section 490(a) (including fees

4 or revenues directed to servicing or securing revenue

5 bonds issued for such purposes),’’.

6 (b) EXCLUSION OF OBLIGATIONS RELATING TO

7 DEBT SERVICING PAYMENTS ON CERTAIN GENERAL OB8 LIGATION BONDS.—

9 (1) IN GENERAL.—Section 603(b)(2) of such

10 Act (sec. 47–313(b)(2), D.C. Code) is amended—

11 (A) by striking ‘‘and obligations’’ and in12 serting ‘‘obligations’’; and

13 (B) by inserting after ‘‘establishment,’’ the

14 following: ‘‘, and obligations incurred pursuant

15 to general obligation bonds of the District of

16 Columbia issued prior to October 1, 1996, for

17 the financing of Department of Public Works,

18 Water and Sewer Utility Administration capital

19 projects,’’.

20 (2) CONFORMING AMENDMENT.—Section

21 603(b)(3)(B) of such Act (sec. 47–313(b)(3)(B),

22 D.C. Code) is amended by inserting after ‘‘bonds’’

23 the following: ‘‘(less the allocable portion of principal

24 and interest to be paid during the year on general

25 obligation bonds of the District of Columbia issued
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1 prior to October 1, 1996, for the financing of De2 partment of Public Works, Water and Sewer Utility

3 Administration capital projects)’’.

4 SEC. 4. TREATMENT OF BUDGET OF WATER AND SEWER

5 AUTHORITY.

6 (a) PREPARATION OF INDEPENDENT BUDGET.—

7 Subpart 1 of part D of title IV of the District of Columbia

8 Self-Government and Governmental Reorganization Act is

9 amended by inserting after section 445 the following new

10 section:

11 ‘‘WATER AND SEWER AUTHORITY BUDGET

12 ‘‘SEC. 445A. The District of Columbia Water and

13 Sewer Authority established pursuant to the Water and

14 Sewer Authority Establishment and Department of Public

15 Works Reorganization Act of 1996 shall prepare and an16 nually submit to the Mayor, for inclusion in the annual

17 budget, annual estimates of the expenditures and appro18 priations necessary for the operation of the Authority for

19 the year. All such estimates shall be forwarded by the

20 Mayor to the Council for its action pursuant to sections

21 446 and 603(c), without revision but subject to his rec22 ommendations. Notwithstanding any other provision of

23 this Act, the Council may comment or make recommenda24 tions concerning such annual estimates, but shall have no

25 authority under this Act to revise such estimates.’’.
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1 (b) EXEMPTION FROM REDUCTIONS OF BUDGETS OF

2 INDEPENDENT AGENCIES.—Section 453(c) of such Act

3 (sec. 47–304.1(c), D.C. Code) is amended—

4 (1) by striking ‘‘courts or the Council, or to’’

5 and inserting ‘‘courts, the Council,’’; and

6 (2) by striking the period at the end and insert7 ing the following: ‘‘, or the District of Columbia

8 Water and Sewer Authority established pursuant to

9 the Water and Sewer Authority Establishment and

10 Department of Public Works Reorganization Act of

11 1996.’’.

12 (c) CONFORMING AMENDMENT.—Section 442(b) of

13 such Act (sec. 47–301(b), D.C. Code) is amended—

14 (1) by striking ‘‘and the Commission’’ and in15 serting ‘‘the Commission’’; and

16 (2) by striking the period at the end and insert17 ing the following: ‘‘, and the District of Columbia

18 Water and Sewer Authority.’’.

19 (d) CLERICAL AMENDMENT.—The table of contents

20 of subpart 1 of part D of title IV of the District of Colum21 bia Self-Government and Governmental Reorganization

22 Act is amended by inserting after the item relating to sec23 tion 445 the following new item:

‘‘Sec. 445A. Water and Sewer Authority budget.’’.
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1 SEC. 5. CLARIFICATION OF COMPENSATION OF CURRENT

2 EMPLOYEES OF DEPARTMENT OF PUBLIC

3 WORKS.

4 The first sentence of section 205(b)(2) of such Act

5 (sec. 43–1675(b)(2), D.C. Code) is amended by striking

6 ‘‘duties)’’ and inserting ‘‘duties, and except as may other7 wise be provided under the personnel system developed

8 pursuant to subsection (a)(4) or a collective bargaining

9 agreement entered into after the date of the enactment

10 of this Act)’’.