I

104TH CONGRESS

2D SESSION H. R. 3663

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

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.

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’’.
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1 SEC. 2. PERMITTING ISSUANCE OF REVENUE BONDS FOR

2 WASTEWATER TREATMENT ACTIVITIES.

3 (a) AUTHORITY TO ISSUE BONDS.—

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

5 490(a)(1) of the District of Columbia Self-Govern6 ment and Governmental Reorganization Act (sec.

7 47–334(a)(1), D.C. Code) is amended—

8 (A) by striking ‘‘and industrial’’ and in9 serting ‘‘industrial’’; and

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

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

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

13 (2) WATER AND SEWER FACILITIES DE14 FINED.—Section 490(a) of such Act (sec. 47–

15 334(a), D.C. Code) is amended by adding at the end

16 the following new paragraph:

17 ‘‘(5) In paragraph (1), the term ‘water and sewer fa18 cilities’ means facilities for the obtaining, treatment, stor19 age, and distribution of water, the collection, storage,

20 treatment, and transportation of wastewater, storm drain21 age, and the disposal of liquids and solids resulting from

22 treatment.’’.

23 (b) USE OF REVENUES TO MAKE PAYMENTS ON

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

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

26 inserting after ‘‘property’’ each place it appears in sub-
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1 paragraphs (A) and (B) the following: ‘‘(including water

2 and sewer enterprise fund revenues, assets, or other prop3 erty in the case of bonds, notes, or obligations issued with

4 respect to water and sewer facilities)’’.

5 (c) PERMITTING DELEGATION OF AUTHORITY TO

6 ISSUE REVENUE BONDS TO WATER AND SEWER AU7 THORITY.—

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

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

10 the end the following new subsection:

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

12 Columbia Water and Sewer Authority established pursu13 ant to the Water and Sewer Authority Establishment and

14 Department of Public Works Reorganization Act of 1996

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

16 revenue bonds, notes, and other obligations to borrow

17 money to finance or assist in the financing or refinancing

18 of undertakings in the area of utilities facilities, pollution

19 control facilities, and water and sewer facilities (as defined

20 in subsection (a)(5)). The Authority may exercise author21 ity delegated to it by the Council as described in the first

22 sentence of this paragraph (whether such delegation is

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

24 subsection) only in accordance with this subsection.
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1 ‘‘(2) Revenue bonds, notes, and other obligations is2 sued by the District of Columbia Water and Sewer Au3 thority under a delegation of authority described in para4 graph (1) shall be issued by resolution of the Authority,

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

6 act of the Council.

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

8 shall apply with respect to the District of Columbia Water

9 and Sewer Authority, the General Manager of the Author10 ity, and to revenue bonds, notes, and other obligations is11 sued by the Authority under a delegation of authority de12 scribed in paragraph (1) in the same manner as such pro13 visions apply with respect to the Council, to the Mayor,

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

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

16 whether or not the Council has authorized the application

17 of such provisions to the Authority or the General Man18 ager).

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

20 apply to—

21 ‘‘(A) any amount (including the amount of any

22 accrued interest or premium) obligated or expended

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

24 note, or other obligation issued pursuant to this sub25 section;
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1 ‘‘(B) any amount obligated or expended for the

2 payment of the principal of, interest on, or any pre3 mium for any revenue bond, note, or other obligation

4 issued pursuant to this subsection;

5 ‘‘(C) any amount obligated or expended to se6 cure any revenue bond, note, or other obligation is7 sued pursuant to this subsection; or

8 ‘‘(D) any amount obligated or expended for re9 pair, maintenance, and capital improvements to fa10 cilities financed pursuant to this subsection.’’.

11 (2) CONFORMING AMENDMENT.—The fourth

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

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

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

15 SEC. 3. TREATMENT OF REVENUES AND OBLIGATIONS.

16 (a) EXCLUSION OF REVENUES FOR PURPOSES OF

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

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

19 Self-Government and Governmental Reorganization Act

20 (sec. 47–313(b), D.C. Code) are each amended by insert21 ing after ‘‘revenue bonds,’’ the following: ‘‘any revenues,

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

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

24 or revenues directed to servicing or securing revenue

25 bonds issued for such purposes),’’.
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1 (b) EXCLUSION OF OBLIGATIONS RELATING TO

2 DEBT SERVICING PAYMENTS ON CERTAIN GENERAL OB3 LIGATION BONDS.—

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

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

6 (A) by striking ‘‘and obligations’’ and in7 serting ‘‘obligations’’; and

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

9 following: ‘‘, and obligations incurred pursuant

10 to general obligation bonds of the District of

11 Columbia issued prior to October 1, 1996, for

12 the financing of Department of Public Works,

13 Water and Sewer Utility Administration capital

14 projects,’’.

15 (2) CONFORMING AMENDMENT.—Section

16 603(b)(3)(B) of such Act (sec. 47–313(b)(3)(B),

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

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

19 and interest to be paid during the year on general

20 obligation bonds of the District of Columbia issued

21 prior to October 1, 1996, for the financing of De22 partment of Public Works, Water and Sewer Utility

23 Administration capital projects)’’.
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1 SEC. 4. TREATMENT OF BUDGET OF WATER AND SEWER

2 AUTHORITY.

3 (a) PREPARATION OF INDEPENDENT BUDGET.—

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

5 Self-Government and Governmental Reorganization Act is

6 amended by inserting after section 445 the following new

7 section:

8 ‘‘WATER AND SEWER AUTHORITY BUDGET

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

10 Sewer Authority established pursuant to the Water and

11 Sewer Authority Establishment and Department of Public

12 Works Reorganization Act of 1996 shall prepare and an13 nually submit to the Mayor, for inclusion in the annual

14 budget, annual estimates of the expenditures and appro15 priations necessary for the operation of the Authority for

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

17 Mayor to the Council for its action pursuant to sections

18 446 and 603(c), without revision but subject to his rec19 ommendations. Notwithstanding any other provision of

20 this Act, the Council may comment or make recommenda21 tions concerning such annual estimates, but shall have no

22 authority under this Act to revise such estimates.’’.

23 (b) EXEMPTION FROM REDUCTIONS OF BUDGETS OF

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

25 (sec. 47–304.1(c), D.C. Code) is amended—
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1 (1) by striking ‘‘courts or the Council, or to’’

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

3 (2) by striking the period at the end and insert4 ing the following: ‘‘, or the District of Columbia

5 Water and Sewer Authority established pursuant to

6 the Water and Sewer Authority Establishment and

7 Department of Public Works Reorganization Act of

8 1996.’’.

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

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

11 (1) by striking ‘‘and the Commission’’ and in12 serting ‘‘the Commission’’; and

13 (2) by striking the period at the end and insert14 ing the following: ‘‘, and the District of Columbia

15 Water and Sewer Authority.’’.

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

17 of subpart 1 of part D of title IV of the District of Colum18 bia Self-Government and Governmental Reorganization

19 Act is amended by inserting after the item relating to sec20 tion 445 the following new item:

‘‘Sec. 445A. Water and Sewer Authority budget.’’.

21 SEC. 5. CLARIFICATION OF COMPENSATION OF CURRENT

22 EMPLOYEES OF DEPARTMENT OF PUBLIC

23 WORKS.

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

25 (sec. 43–1675(b)(2), D.C. Code) is amended by striking
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1 ‘‘duties)’’ and inserting ‘‘duties, and except as may other2 wise be provided under the personnel system developed

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

4 agreement entered into after the date of the enactment

5 of this Act)’’.

Æ