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A BILL 1
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26-542 3
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6
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To provide affordable housing developers seeking utility provider clearance in the building 11
permitting process with expert consultation, administrative coordination, and inter-12
agency data transparency. 13
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 15
act may be cited as the “Powering Local Utility Guidance in Housing Act of 2026”. 16
Sec. 2. Definitions. 17
For the purposes of this act, the term: 18
(1) “DHCD” means the Department of Housing and Community Development. 19
(2) “DOB” means the Department of Buildings. 20
(3) “OCTO” means the Office of the Chief Technology Officer. 21
(4) “Qualifying affordable housing proposal” means an affordable housing 22
construction or rehabilitation project proposal for which the developer submits at least one of the 23
following to DHCD: 24
(A) Documentation demonstrating that the applicant has secured financing 25
or funds from the District or federal government that is conditioned on the applicant 26
providing income-restricted affordable housing units for a period of at least 15 years; 27
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(B) A sworn certification that the applicant intends to apply for financing 28
or funds from the District or federal government that would be conditioned on the applicant 29
providing income-restricted affordable housing units for a period of at least 15 years; or 30
(C) A recorded property covenant that requires income-restricted 31
affordable housing units in amounts exceeding the requirements of the Inclusionary Zoning 32
Program as that term is defined in section 101(4) of the Inclusionary Zoning Implementation 33
Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-275; D.C. Official Code § 6-34
1041.01(4)) ; provided, that the Mayor, pursuant to Title I of the District of Columbia 35
Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 36
2-501 et seq.), may issue rules specifying a deeper level of affordability that a project must meet 37
to satisfy this subparagraph. 38
(5) “Utility provider” means a business or government instrumentality that provides 39
electric, water, sewer, or fuel line service to residential buildings in the District and from which 40
DOB requires authorization before issuing building certificates of occupancy. 41
Sec. 3. Technical consulting for affordable housing utility permitting, administrative 42
assistance, and data transparency. 43
(a)(1) DHCD shall offer qualifying affordable housing proposals the services of one or 44
more utility design consultants, who shall be experienced in designing projects in compliance 45
with the residential design requirements of the various utility providers. 46
(2) DHCD shall clearly communicate to each applicant using the services of a 47
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DHCD utility design consultant that such services are a courtesy, are used at the applicant’s sole 48
risk, and will not supersede the utility provider’s determination in the event of an error or 49
disagreement on the part of the utility design consultant. Failure to communicate the limitations 50
of the utility design consultant shall not constitute grounds for liability to any applicant on the 51
part of the District or any utility design consultant. 52
(b) DHCD shall offer qualifying affordable housing proposals the services of one or more 53
utility permitting liaisons, who shall assist developers with the administrative requirements 54
involved in obtaining utility provider construction approval for qualifying affordable housing 55
proposals, including by coordinating pre-construction utility provider disconnections, 56
coordinating utility provider inspections, tracking corrective actions necessary for obtaining final 57
utility provider approval, and maintaining communication with key utility provider personnel. 58
(c) Within 60 days after the applicability date of this act DHCD, DOB, and OCTO shall 59
execute a Memorandum of Understanding and data-sharing agreement among themselves and 60
with utility providers to implement subsections (a) and (b) of this section. These agreements 61
shall ensure that consultants have the access and prioritization necessary to fulfill their statutory 62
mandate and that residential developers can view timely utility provider inspection and review 63
updates through DOB’s system of record or another centralized permitting database. DHCD shall 64
consult annually with residential building industry stakeholders to update these agreements as 65
necessary. 66
Sec. 4. Applicability. 67
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(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved 68
budget and financial plan. 69
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 70
an approved budget and financial plan, and provide notice to the Budget Director of the Council 71
of the certification. 72
(c)(1) The Budget Director shall cause the notice of the certification to be published in 73
the District of Columbia Register. 74
(2) The date of publication of the notice of the certification shall not affect the 75
applicability of this act. 76
Sec. 5. Fiscal impact statement. 77
The Council adopts the fiscal impact statement in the committee report as the fiscal 78
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 79
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 80
Sec. 6. Effective date. 81
This act shall take effect following approval by the Mayor (or in the event of veto by the 82
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 83
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 84
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 85
Columbia Register. 86