2023 District of Columbia Code › Title 34 - Public Utilities › Chapter 22 - Water and Sewer Authority › Subchapter II - General Provisions › § 34–2202.03. General powers of Authority

§ 34–2202.03. General powers of Authority.
In addition to the delegation of powers contained in § 34-2202.08, the Authority shall possess the following powers:
(1) To sue and be sued;
(2) To have a seal and alter the seal at its pleasure;
(3) To make, adopt, and alter by-laws, rules, and regulations for the administration and regulation of its business and affairs;
(4) To elect, appoint, or hire officers, employees, or other agents of the Authority, except Board members, including experts and fiscal agents, define their duties, and fix their compensation;
(5) To acquire, by purchase, gift, lease, or otherwise, and to own, hold, improve, use, sell, convey, exchange, transfer, lease, sublease, and dispose of real and personal property of every kind and character, or any interest therein, for its corporate purposes;
(6) To issue regulations and establish policies for contracting and procurement which are consistent with principles of competitive procurement;
(7) To accept loans, gifts, or grants of money, materials, or property of any kind from the United States, or any agency or instrumentality thereof, or the District, upon terms and conditions as may be imposed upon the Authority to the extent that the terms and conditions are not inconsistent with the limitations and laws of the District and are otherwise within the powers of the Authority;
(8) To borrow money for any of its corporate purposes and to provide for the payment of the same, as may be permitted under the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 777; § 1-201.01 et seq.), and the laws of the District;
(9) To issue revenue bonds pursuant to § 34-2202.09;
(10) To enter into contracts with the District, the United States, Maryland, or Virginia, or their political subdivisions, other public entities, or private entities for goods and services as needed to achieve its purposes; provided, that prior to the Authority contracting out to a private entity, a service or activity performed by employees of the Authority, through established standards developed by rules and regulations, the Authority shall establish that the contracting out will achieve increased efficiencies and cost savings to the Authority; provided further, that any contractor who is awarded a contract that displaces any District government employee of the Authority shall offer to any displaced employee a right-of-first-refusal to employment by the contractor, in a comparable available position for which the employee is qualified, for at least a 6-month period during which time the employee shall not be discharged without cause. If the employee’s performance during the 6-month transition employment period is satisfactory, the new contractor shall offer the employee continued employment under the terms and conditions established by the new contractor. Any District government employee of the Authority who is displaced as a result of a contract and is hired by the contractor who was awarded the contract which displaced the employee shall be entitled to the benefits provided by the Service Contract Act of 1965, 41 U.S.C. § 351 et seq., notwithstanding any exclusion of applicability of the Service Contract Act of 1965 to the employee;
(11) To establish, adjust, levy, collect, and abate charges for services, facilities, or commodities furnished or supplied by it;
(12) To refund overcharges for services, facilities, or commodities furnished or supplied by it;
(13) To undertake any public project, acquisition, construction, or any other act necessary to carry out its purposes;
(14) To maintain, repair, operate, extend, enlarge, investigate, design, construct, and improve the water distribution and sewage collection, treatment, and disposal systems;
(15) To engage in activities, programs, and projects on its own behalf or, with the concurrence of the Mayor, jointly with other public bodies or political divisions or subdivisions of the District of Columbia;
(16) To provide for the cost of activities, programs, and projects from grants, loans, the proceeds of bonds, or from other revenues available to the Authority for such purposes;
(17) To exercise any power usually possessed by public enterprises or private corporations performing similar functions that is not in conflict with the District of Columbia Home Rule Act [§ 1-201.01 et seq.], or the laws of the District;
(18) To implement all rules, regulations, and laws relating to the distribution of water and sewage collection, treatment, and disposal, other than those laws that impose a penalty of imprisonment;
(19) To shut off water and sewer service, after notice, for good and sufficient cause;
(20) To purchase and distribute potable water to the inhabitants of the District;
(21) To purchase and distribute potable water to other jurisdictions as provided by law;
(22) To develop policies related to the proper use and distribution of water to households and public and private institutions during times of normal consumption and during emergency situations;
(23) To construct water mains and sewers in any street, avenue, road, or alley in the District under conditions as the Mayor may prescribe;
(24) To petition the Mayor to acquire property through eminent domain;
(25) To enter into contracts, including leases and lease-purchase agreements involving real property and personal property;
(26) To indicate in its records the existence and location of sewers and service sewers within its jurisdiction;
(27) To determine whether potable water should be used for mechanical and manufacturing purposes, private fountains, and street and pavement washers;
(28) To privatize the day-to-day operations of the Blue Plains Wastewater Treatment Plant; provided, that the Board of Directors of the Authority submit its recommendation on the feasibility of privatization pursuant to § 34-2202.05(g)(1) and submits the privatization contract pursuant to § 34-2202.05(g)(2);
(29) To enter into a financing lease, a service agreement or other arrangement for contracted services; obligations with respect to credit facilities; and interest rate swaps, interest rate caps, interest rate floors and any other interest rate-related hedge agreements entered into by the Authority for the purpose of interest rate risk and asset management that may be, but need not be, entered into in conjunction with the issuance of bonds or notes by the Authority;
(30) To do all things necessary or convenient to carry out the powers expressly provided by this chapter;
(31) To determine whether churches, charitable organizations, or institutions that receive annual appropriations from Congress should be furnished with water or sewer service without charge;
(32) To collect and receive its revenues and disburse its necessary and reasonable expenses; and
(33) In collaboration with the Fire and Emergency Medical Services Department, to inspect, repair, and maintain all public fire hydrants, and to ensure that each hydrant will provide adequate flow levels to all locations in the District of Columbia.
(Apr. 18, 1996, D.C. Law 11-111, § 203, 43 DCR 548; Apr. 9, 1997, D.C. Law 11-184, § 202(c), 43 DCR 4265; Apr. 9, 1997, D.C. Law 11-255, § 45, 44 DCR 1271; May 13, 2008, D.C. Law 17-158, § 2, 55 DCR 3709; Sept. 26, 2012, D.C. Law 19-171, § 90(a), 59 DCR 6190.)
Prior Codifications
1981 Ed., § 43-1673.
Section References
This section is referenced in § 34-2202.07.
Effect of Amendments
D.C. Law 17-158 added par. (33).
The 2012 amendment by D.C. Law 19-171 validated previously made technical corrections.
Emergency Legislation
For temporary amendment of section, see § 2(c) of the District of Columbia Water and Sewer Authority Emergency Amendment Act of 1996 (D.C. Act 11-293, July 9, 1996, 43 DCR 4160).
For temporary amendment of section, see § 2(c) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-397, October 9, 1996, 43 DCR 5686), § 2(c) of the Water and Sewer Authority Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-466, December 30, 1996, 44 DCR 165), and § 2(c) of the Water and Sewer Authority Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-48, March 31, 1997, 44 DCR 2105).
For temporary approval of a multiyear contract with the United States of America for potable water, see §§ 2 and 3 of the Multiyear Water Purchase Agreement Emergency Amendment Act of 1997 (D.C. Act 12-116, July 28, 1997, 44 DCR 4504).
For temporary (90 day) amendment of section, see § 2(a) of Fire Hydrant Inspection, Repair, Maintenance, and Fire Preparedness Emergency Amendment Act of 2007 (D.C. Act 17-175, November 2, 2007, 54 DCR 11219).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(a) of the Fire Hydrant Inspection, Repair, Maintenance, and Fire Preparedness Temporary Amendment Act of 2007 (D.C. Law 17-77, January 23, 2008, law notification 55 DCR 1457).