H. R. 3663

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

and Sewer Authority Act of 1996’’.

SEC. 2. PERMITTING ISSUANCE OF REVENUE BONDS FOR

WASTEWATER TREATMENT ACTIVITIES.

(a) AUTHORITY TO ISSUE BONDS.—

(1) IN GENERAL.—The first sentence of section 490(a)(1)

of the District of Columbia Self-Government and Governmental

Reorganization Act (sec. 47–334(a)(1), D.C. Code) is amended—

(A) by striking ‘‘and industrial’’ and inserting ‘‘industrial’’; and

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

the following: ‘‘, and water and sewer facilities (as defined

in paragraph (5)).’’.

(2) WATER AND SEWER FACILITIES DEFINED.—Section 490(a)

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

at the end the following new paragraph:

‘‘(5) In paragraph (1), the term ‘water and sewer facilities’

means facilities for the obtaining, treatment, storage, and distribution of water, the collection, storage, treatment, and transportation

of wastewater, storm drainage, and the disposal of liquids and

solids resulting from treatment.’’.

(b) USE OF REVENUES TO MAKE PAYMENTS ON BONDS.—The

second sentence of section 490(a)(3) of such Act (sec. 47–334(a)(3),

D.C. Code) is amended by inserting after ‘‘property’’ each place

it appears in subparagraphs (A) and (B) the following: ‘‘(including

water and sewer enterprise fund revenues, assets, or other property

in the case of bonds, notes, or obligations issued with respect

to water and sewer facilities)’’.

(c) PERMITTING DELEGATION OF AUTHORITY TO ISSUE REVENUE

BONDS TO WATER AND SEWER AUTHORITY.—

(1) IN GENERAL.—Section 490 of such Act (sec. 47–334,

D.C. Code) is amended by adding at the end the following

new subsection:

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

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

Works Reorganization Act of 1996 the authority of the Council

under subsection (a) to issue revenue bonds, notes, and other obligations to borrow money to finance or assist in the financing or

refinancing of undertakings in the area of utilities facilities, pollution control facilities, and water and sewer facilities (as defined

in subsection (a)(5)). The Authority may exercise authority delegated

to it by the Council as described in the first sentence of this

paragraph (whether such delegation is made before or after the

date of the enactment of this subsection) only in accordance with

this subsection.

‘‘(2) Revenue bonds, notes, and other obligations issued by

the District of Columbia Water and Sewer Authority under a delegation of authority described in paragraph (1) shall be issued by

resolution of the Authority, and any such resolution shall not be

considered to be an act of the Council.

‘‘(3) The fourth sentence of section 446 shall not apply to—

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

interest or premium) obligated or expended from the proceeds

of the sale of any revenue bond, note, or other obligation issued

pursuant to this subsection;

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

of the principal of, interest on, or any premium for any revenue

bond, note, or other obligation issued pursuant to this subsection;

‘‘(C) any amount obligated or expended to secure any revenue bond, note, or other obligation issued pursuant to this

subsection; or

‘‘(D) any amount obligated or expended for repair, maintenance, and capital improvements to facilities financed pursuant

to this subsection.’’.

(2) CONFORMING AMENDMENT.—The fourth sentence of section 446 of such Act (sec. 47–304, D.C. Code) is amended

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

SEC. 3. TREATMENT OF REVENUES AND OBLIGATIONS.

(a) EXCLUSION OF REVENUES FOR PURPOSES OF CAP ON AGGREGATE DISTRICT DEBT.—Paragraphs (1) and (3)(A) of section 603(b)

of the District of Columbia Self-Government and Governmental

Reorganization Act (sec. 47–313(b), D.C. Code) are each amended

by inserting after ‘‘revenue bonds,’’ the following: ‘‘any revenues,

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

facilities described in section 490(a) (including fees or revenues

directed to servicing or securing revenue bonds issued for such

purposes),’’.

(b) EXCLUSION OF OBLIGATIONS RELATING TO DEBT SERVICING

PAYMENTS ON CERTAIN GENERAL OBLIGATION BONDS.—

(1) IN GENERAL.—Section 603(b)(2) of such Act (sec. 47–

313(b)(2), D.C. Code) is amended—

(A) by striking ‘‘and obligations’’ and inserting ‘‘obligations’’; and

(B) by inserting after ‘‘establishment,’’ the following:

‘‘and obligations incurred pursuant to general obligation

bonds of the District of Columbia issued prior to October

1, 1996, for the financing of Department of Public Works,

Water and Sewer Utility Administration capital projects,’’.
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(2) CONFORMING AMENDMENT.—Section 603(b)(3)(B) of such

Act (sec. 47–313(b)(3)(B), D.C. Code) is amended by inserting

after ‘‘bonds’’ the following: ‘‘(less the allocable portion of principal and interest to be paid during the year on general obligation bonds of the District of Columbia issued prior to October

1, 1996, for the financing of Department of Public Works,

Water and Sewer Utility Administration capital projects)’’.

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

(a) PREPARATION OF INDEPENDENT BUDGET.—Subpart 1 of part

D of title IV of the District of Columbia Self-Government and

Governmental Reorganization Act is amended by inserting after

section 445 the following new section:

‘‘WATER AND SEWER AUTHORITY BUDGET

‘‘SEC. 445A. The District of Columbia Water and Sewer Authority established pursuant to the Water and Sewer Authority

Establishment and Department of Public Works Reorganization

Act of 1996 shall prepare and annually submit to the Mayor, for

inclusion in the annual budget, annual estimates of the expenditures and appropriations necessary for the operation of the Authority for the year. All such estimates shall be forwarded by the

Mayor to the Council for its action pursuant to sections 446 and

603(c), without revision but subject to his recommendations. Notwithstanding any other provision of this Act, the Council may

comment or make recommendations concerning such annual estimates, but shall have no authority under this Act to revise such

estimates.’’.

(b) EXEMPTION FROM REDUCTIONS OF BUDGETS OF INDEPENDENT

AGENCIES.—Section 453(c) of such Act (sec. 47–304.1(c), D.C. Code)

is amended—

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

‘‘courts, the Council,’’; and

(2) by striking the period at the end and inserting the

following: ‘‘, or the District of Columbia Water and Sewer

Authority established pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996.’’.

(c) CONFORMING AMENDMENT.—Section 442(b) of such Act (sec.

47–301(b), D.C. Code) is amended—

(1) by striking ‘‘and the Commission’’ and inserting ‘‘the

Commission’’; and

(2) by striking the period at the end and inserting the

following: ‘‘, and the District of Columbia Water and Sewer

Authority.’’.

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

1 of part D of title IV of the District of Columbia Self-Government

and Governmental Reorganization Act is amended by inserting

after the item relating to section 445 the following new item:

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

SEC. 5. CLARIFICATION OF COMPENSATION OF CURRENT EMPLOYEES

OF DEPARTMENT OF PUBLIC WORKS.

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

Authority Establishment and Department of Public Works Reorganization Act of 1996 (sec. 43–1675(b)(2), D.C. Code) is amended

by striking ‘‘duties)’’ and inserting ‘‘duties, and except as may
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otherwise be provided under the personnel system developed pursuant to subsection (a)(4) or a collective bargaining agreement entered

into after the date of the enactment of this Act)’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.