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PR26-0335 • 2025

CRIAC Clarification Emergency Declaration Resolution of 2025

CRIAC Clarification Emergency Declaration Resolution of 2025

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Allen
Last action
2025-10-17
Official status
Approved
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on how the resolution funds upgrades or ensures charging of property owners. These claims were removed due to lack of supporting evidence in the provided text.

CRIAC Clarification Emergency Declaration Resolution

This resolution declares an emergency to clarify that property owners and occupants in the District of Columbia must pay an impervious area charge, regardless of their connection to the sewer system.

What This Bill Does

  • Declares an emergency situation regarding the need to amend laws about paying for stormwater runoff contributions.
  • Clarifies that DC Water can charge property owners and occupants for stormwater runoff, even if they are not connected to the sewer system.

Who It Names or Affects

  • Property owners and occupants in the District of Columbia.
  • DC Water, which assesses impervious area charges on properties.

Terms To Know

CRIAC
Clean Rivers Impervious Area Charge, a charge assessed by DC Water for stormwater runoff contributions.
Impervious area charge
A fee charged to property owners based on the amount of hard surface (like pavement) that prevents water from soaking into the ground.

Limits and Unknowns

  • The resolution only addresses clarifying existing laws and does not create new ones.
  • It is effective immediately upon passage but may have limitations due to its emergency nature.

Bill History

  1. 2025-10-17 Council of the District of Columbia LIMS

    Resolution R26-0213, Effective from Oct 07, 2025 Published in DC Register Vol 72 and Page 011424

  2. 2025-10-07 Council of the District of Columbia LIMS

    Retained by the Council

  3. 2025-10-07 Council of the District of Columbia LIMS

    Legislative Meeting

  4. 2025-10-07 Council of the District of Columbia LIMS

    Approved with Resolution Number R26-0213

  5. 2025-10-06 Council of the District of Columbia LIMS

    PR26-0335 Introduced by Councilmember Allen at Office of the Secretary

Official Summary Text

CRIAC Clarification Emergency Declaration Resolution of 2025

Current Bill Text

Read the full stored bill text 
ENROLLED ORIGINAL

1

A RESOLUTION

26-213

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

October 7, 2025

To declare the existence of an emergency with respect to the need to amend the District of
Columbia Public Works Act of 1954 to expressly provide that an owner or occupant of
property in the District shall pay an impervious area charge that the District of Columbia
Water and Sewer Authority assesses; and to amend the Water and Sewer Authority
Establishment and Department of Public Works Reorganization Act of 1996 to clarify
that the District of Columbia Water and Sewer Authority may assess an impervious area
charge on any property in the District.

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “CRIAC Clarification Emergency Declaration Resolution of
2025”.

Sec. 2. (a) In 2009, the Council passed the Water and Sewer Authority Equitable
Ratemaking Amendment Act of 2008, effective March 25, 2009 (D.C. Law 17-370; 56 DCR
1350), which authorized the District of Columbia Water and Sewer Authority (“DC Water”) to
use a billing methodology that takes into account the amount of impervious surface on a
property. Since then, DC Water has been assessing the Clean Rivers impervious area charge
(“CRIAC”) against property owners in the District.
(b) The CRIAC funds upgrades the District’s combined sewer system, as mandated by a
consent order between the District and the federal government, to prevent overflows during
heavy rains that impair the region’s water quality and health. This federally mandated project is
known as the Clean Rivers Project.
(c) Two lawsuits before the District of Columbia Court of Appeals challenged DC
Water’s authority to levy the CRIAC against property owners who are not connected to the
District’s sewer system. However, the Council did not intend to exempt property owners not
connected to the sewer system from the CRIAC. Such property owners – like parking lot owners
– still contribute substantially to stormwater runoff and the overflow of the District’s combined
sewer system. Charging such property owners the CRIAC for their contribution to stormwater
runoff equitably spreads the burden of upgrading and maintaining the District’s sewer systems.
Briefing in one of these appeals is scheduled to close in early November.
ENROLLED ORIGINAL

2

(d) To resolve any ambiguities regarding the Council’s intent, the Council passed the
CRIAC Clarification Emergency Amendment Act of 2024, effective October 25, 2024 (D.C. Act
25-602; 71 DCR 13489) (“emergency act”). The emergency act expired on January 23, 2025. On
October 15, 2024, the Council also passed the CRIAC Clarification Temporary Amendment Act
of 2024, effective March 7, 2025 (D.C. Law 25-285; 71 DCR 14108) (“temporary act”). The
temporary act is set to expire on October 18, 2025.
(e) Emergency legislation is therefore necessary to continue clarifying the Council’s
following the expiration of the temporary act.

Sec. 3. The Council of the District of Columbia determines that the circumstances
enumerated in section 2 constitute emergency circumstances making it necessary that the CRIAC
Clarification Emergency Amendment Act of 2025 be adopted after a single reading.

Sec. 4. This resolution shall take effect immediately.