II

104TH CONGRESS

2D SESSION H. R. 3663

IN THE SENATE OF THE UNITED STATES

JUNE 28, 1996

Received

AN ACT

1 To amend the District of Columbia Self-Government and

2 Govermental Reorganization Act to permit the Council of

3 the District of Columbia to authorize the issuance of reve4 nue bonds with respect to water and sewer facilities, and

5 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 fourth sentence of section 446 shall not

13 apply to—

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

15 accrued interest or premium) obligated or expended

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

17 note, or other obligation issued pursuant to this sub18 section;

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

20 payment of the principal of, interest on, or any pre21 mium for any revenue bond, note, or other obligation

22 issued pursuant to this subsection;

23 ‘‘(C) any amount obligated or expended to se24 cure any revenue bond, note, or other obligation is25 sued pursuant to this subsection; or
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1 ‘‘(D) any amount obligated or expended for re2 pair, maintenance, and capital improvements to fa3 cilities financed pursuant to this subsection.’’.

4 (2) CONFORMING AMENDMENT.—The fourth

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

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

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

8 SEC. 3. TREATMENT OF REVENUES AND OBLIGATIONS.

9 (a) EXCLUSION OF REVENUES FOR PURPOSES OF

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

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

12 Self-Government and Governmental Reorganization Act

13 (sec. 47–313(b), D.C. Code) are each amended by insert14 ing after ‘‘revenue bonds,’’ the following: ‘‘any revenues,

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

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

17 or revenues directed to servicing or securing revenue

18 bonds issued for such purposes),’’.

19 (b) EXCLUSION OF OBLIGATIONS RELATING TO

20 DEBT SERVICING PAYMENTS ON CERTAIN GENERAL OB21 LIGATION BONDS.—

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

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

24 (A) by striking ‘‘and obligations’’ and in25 serting ‘‘obligations’’; and
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1 (B) by inserting after ‘‘establishment,’’ the

2 following: ‘‘and obligations incurred pursuant to

3 general obligation bonds of the District of Co4 lumbia issued prior to October 1, 1996, for the

5 financing of Department of Public Works,

6 Water and Sewer Utility Administration capital

7 projects,’’.

8 (2) CONFORMING AMENDMENT.—Section

9 603(b)(3)(B) of such Act (sec. 47–313(b)(3)(B),

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

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

12 and interest to be paid during the year on general

13 obligation bonds of the District of Columbia issued

14 prior to October 1, 1996, for the financing of De15 partment of Public Works, Water and Sewer Utility

16 Administration capital projects)’’.

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

18 AUTHORITY.

19 (a) PREPARATION OF INDEPENDENT BUDGET.—

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

21 Self-Government and Governmental Reorganization Act is

22 amended by inserting after section 445 the following new

23 section:

24 ‘‘WATER AND SEWER AUTHORITY BUDGET

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

26 Sewer Authority established pursuant to the Water and
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1 Sewer Authority Establishment and Department of Public

2 Works Reorganization Act of 1996 shall prepare and an3 nually submit to the Mayor, for inclusion in the annual

4 budget, annual estimates of the expenditures and appro5 priations necessary for the operation of the Authority for

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

7 Mayor to the Council for its action pursuant to sections

8 446 and 603(c), without revision but subject to his rec9 ommendations. Notwithstanding any other provision of

10 this Act, the Council may comment or make recommenda11 tions concerning such annual estimates, but shall have no

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

13 (b) EXEMPTION FROM REDUCTIONS OF BUDGETS OF

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

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

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

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

18 (2) by striking the period at the end and insert19 ing the following: ‘‘, or the District of Columbia

20 Water and Sewer Authority established pursuant to

21 the Water and Sewer Authority Establishment and

22 Department of Public Works Reorganization Act of

23 1996.’’.

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

25 such Act (sec. 47–301(b), D.C. Code) is amended—
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1 (1) by striking ‘‘and the Commission’’ and in2 serting ‘‘the Commission’’; and

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

5 Water and Sewer Authority.’’.

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

7 of subpart 1 of part D of title IV of the District of Colum8 bia Self-Government and Governmental Reorganization

9 Act is amended by inserting after the item relating to sec10 tion 445 the following new item:

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

11 SEC. 5. CLARIFICATION OF COMPENSATION OF CURRENT

12 EMPLOYEES OF DEPARTMENT OF PUBLIC

13 WORKS.

14 The first sentence of section 205(b)(2) of the Water

15 and Sewer Authority Establishment and Department of

16 Public Works Reorganization Act of 1996 (sec. 43–

17 1675(b)(2), D.C. Code) is amended by striking ‘‘duties)’’

18 and inserting ‘‘duties, and except as may otherwise be pro19 vided under the personnel system developed pursuant to
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1 subsection (a)(4) or a collective bargaining agreement en2 tered into after the date of the enactment of this Act)’’.

Passed the House of Representatives June 27, 1996.

Attest: ROBIN H. CARLE,

Clerk.

By LINDA NAVE,

Deputy Clerk.