5555304 District of Columbia Water and Sewer Authority - Notice of Final Rulemaking - Amend Fire Protection Service Fee

DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY

 

NOTICE OF FINAL RULEMAKING

 

The Board of Directors (Board) of the District of Columbia Water and Sewer Authority (DC Water), pursuant to the authority set forth in Sections 203(3) and (11) and 216 of the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code §§ 203(3), (11) and 216; D.C. Official Code §§ 34-2202.03(3) and (11) (2012 Repl.) and D.C. Official Code § 34-2202.16 (2012 Repl.)); and Section 6(a) of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1206; D.C. Official Code § 2-505(a) (2012 Repl.)), hereby gives notice that, at its regularly scheduled meeting on July 2, 2015, the Board took final action through adoption of Board Resolution #15-69 to amend Section 4103 (Fire Protection Service Fee) of Chapter 41 (Retail Water and Sewer Rates) of Title 21 (Water and Sanitation) of the District of Columbia Municipal Regulations (DCMR).

 

Pursuant to Board Resolution #15-31, dated March 19, 2015, DC Water’s proposed rulemaking was published in the D.C. Register on April 3, 2015 at 62 DCR 3973.  Further, a notice of public hearing was published in the D.C. Register on April 3, 2015 at 62 DCR 3934, and a public hearing was held on May 13, 2015.  The record of the public hearing remained open until June 15, 2015 to receive written comments on the proposed rulemaking.  DC Water also conducted eight (8) town hall meetings from April 1, 2015 through April 30, 2015 to receive comments on the proposed rulemaking.  On June 23, 2015, the Retail Water and Sewer Rates Committee met to consider the comments offered at the May 13, 2015 public hearing and during the public comment period and recommendations from the DC Water General Manager.

 

On July 2, 2015, the Board, through Resolution #15-69, after consideration of all comments received and the report of the Retail Water and Sewer Rates Committee, voted to amend the DCMR to: implement an increase in the DC Fire Protection Service Fee from $6,885,340 per fiscal year to $10,796,000 per fiscal year for FY 2015, FY 2016, and FY 2017.

 

No changes were made to the substance of the proposed regulations.  The parenthetical phrase “plus the cost of fire hydrant inspections performed by the D.C. Fire and Emergency Medical Service” was deleted, since D.C. FEMS does not charge the District for their voluntary hydrant inspections.

 

This final rulemaking will become effective upon publication in the D.C. Register.

 

Chapter 41, RETAIL WATER AND SEWER RATES, of Title 21 DCMR, WATER AND SANITATION, is amended as follows:

 

Section 4103, FIRE PROTECTION SERVICE FEE, is amended as follows:

 

4103                FIRE PROTECTION SERVICE FEE

 

4103.1             The charge to the District of Columbia for fire protection service, including, but not limited to the delivery of water flows for firefighting, as well as maintaining and upgrading public fire hydrants in the District of Columbia, shall be Ten Million Seven Hundred Ninety-Six Thousand Dollars ($10,796,000) per fiscal year (FY) for FY 2015, FY 2016, and FY 2017. 

 

4103.2             The fee may be examined every three years to determine if the fee is sufficient to recoup the actual costs for providing this service. 

 

4103.3             In the event the actual costs are not being recouped, the District shall pay the difference and the fee will be appropriately adjusted pursuant to the rulemaking process.

 

4103.4             In the event the costs paid by the District of Columbia exceed the actual costs, the fee shall be adjusted pursuant to the rulemaking process.