4483939 Amend Chapter 1 - ROW and PILOT Fees; Chapter 4 - Customer Classification for Initiating a Challenge; and Chapter 41 - Rates for Water and Sewer Service, and Customer Classification

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, §§ 203(3), (11) and 216; D.C. Official Code §§ 34-2202.03(3) and (11) (2010 Repl.) and D.C. Official Code §§ 34-2202.16 (2010 Repl.)); 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) (2011 Repl.)); and in accordance with Chapter 40, (Retail Ratemaking), of Title 21, (Water and Sanitation), of the District of Columbia Municipal Regulations (DCMR), hereby gives notice that at its regularly scheduled meeting on July 3, 2013, took final action through adoption of Board Resolution #13-79 to amend Section 112, (Fees), of Chapter 1, (Water Supply), Section 402, (Initiating a Challenge), of Chapter 4, (Contested Water and Sewer Bills), and Sections 4100, (Rates for Water Service), 4101, (Rates for Sewer Service), and 4104, (Customer Classification for Water and Sewer Rates) of Chapter 41, (Retail Water and Sewer Rates), of Title 21, (Water and Sanitation) of the DCMR.

 

Pursuant to Board Resolutions #13-12 and #13-30, DC Water’s proposed rulemakings were published in the D.C. Register on March 1, 2013 at 60 DCR 2413 and on March 15, 2013 at 60 DCR 3796, respectively.  Further, a notice of public hearing was published in the D.C. Register on March 22, 2013 at 60 DCR 4194, and a public hearing was held on May 8, 2013.  The record of the public hearing remained open until June 8, 2013, to receive written comments on the proposed rulemakings.  DC Water also conducted eight (8) town hall meetings and three (3) community meetings from March 1, 2013 through April 30, 2013 to receive comments on the proposed rulemakings.  On June 25, 2013, the Retail Water and Sewer Rates Committee met to consider the comments offered at the May 8, 2013 public hearing and during the public comment period.

 

On July 3, 2013, the Board, through Resolution #13-79, after consideration of all comments received and the report of the Retail Water and Sewer Rates Committee, voted to amend the DCMR to: increase the retail metered water service rates from $3.42 per One Hundred Cubic Feet of water used to $3.61 per One Hundred Cubic Feet of water used; increase the retail sewer service rates from $4.18 per One Hundred Cubic Feet of water used to $4.41; increase the annual Clean Rivers Impervious Surface Area Charge from $114.84 to $142.20 per Equivalent Residential Unit; increase the Right of Way Occupancy Fee Pass Through Charge from $0.16 to $0.17 per One Hundred Cubic Feet of water used; increase the PILOT Fee from $0.50 per One Hundred Cubic Feet of water used to $0.53 per One Hundred Cubic Feet of water used; and add a new “Multi-Family” customer classification.

 

No changes were made to the substance of the proposed regulations. 

 

This final rulemaking will become effective October 1, 2013.

 

Section 112, FEES, of Chapter 1, WATER SUPPLY, of Title 21, WATER AND SANITATION, of the DCMR is amended as follows:

 

Subsection 112.8 is amended to read as follows:

 

112.8               Effective October 1, 2013, the District of Columbia Right of Way Occupancy Fee Pass Through Charge and the Payment in Lieu of Taxes (PILOT) Fee, shall be increased from sixty-six cents ($0.66) for each one hundred cubic feet (1 Ccf) (or the equivalent of eighty-eight cents ($0.88) for each one thousand gallons (1,000 gals.) (one hundred cubic feet (1 Ccf) equals seven hundred forty-eight and five hundredths gallons (748.05 gals.)) to seventy cents ($0.70) for each one hundred cubic feet (1 Ccf) (or the equivalent of ninety-three cents ($0.93) for each one thousand gallons (1,000 gals.)) of water used, divided as follows:

 

(a)        District of Columbia Right of Way Fee, assessed to recover the cost of fees charged by the District of Columbia to D.C. Water and Sewer Authority for use of District of Columbia public space and rights of way: An increase from sixteen cents ($0.16) per Ccf or (or the equivalent of twenty-one cents ($0.21) per one thousand gallons (1,000 gals.)) of water used to:

 

(1)        Residential Customers: seventeen cents ($0.17) per Ccf (or the equivalent of twenty-two cents ($0.22) per one thousand gallons (1,000 gals.)) of water used;

 

(2)        Multi-Family Customers: seventeen cents ($0.17) per Ccf (or the equivalent of twenty-two cents ($0.22) per one thousand gallons (1,000 gals.)) of water used; and

 

(3)        Non-Residential Customers: seventeen cents ($0.17) per Ccf (or the equivalent of twenty-two cents ($0.22) per one thousand gallons (1,000 gals.)) of water used; and

 

(b)        Payment in Lieu of Taxes to the Office of the Chief Financial Officer (OCFO) of the District of Columbia, assessed to cover the amount which D.C. Water and Sewer Authority pays each fiscal year to the District of Columbia, consistent with D.C. Water and Sewer Authority's enabling statute for public goods and services received from the District of Columbia: An increase from fifty cents ($0.50) per Ccf (or the equivalent of sixty-seven cents ($0.67) per one thousand gallons (1,000 gals.)) of water used to:

 

(1)        Residential Customers: fifty-three cents ($0.53) per Ccf (or the equivalent of seventy-one cents ($0.71) per one thousand gallons (1,000 gals.)) of water used;

 

(2)        Multi-Family Customers: fifty-three cents ($0.53) per Ccf (or the equivalent of seventy-one cents ($0.71) per one thousand gallons (1,000 gals.)) of water used; and

 

(3)        Non-Residential Customers: fifty-three cents ($0.53) per Ccf (or the equivalent of seventy-one cents ($0.71) per one thousand gallons (1,000 gals.)) of water used.

 

Section 402, INITIATING A CHALLENGE, of Chapter 4, CONTESTED WATER AND SEWER BILLS, of Title 21, WATER AND SANITATION, of the DCMR is amended as follows:

 

Subsections 402.7 and 402.8 are amended to read as follows:

           

402.7               Non-residential and multi-family owners or their agents may seek an impervious surface area charge adjustment if the owner or agent can establish that the property has been assigned to the wrong rate class, the impervious service area used in the computation of the charge is incorrect or if the ownership information is incorrect.

 

402.8               Non-residential and multi-family owners or their agents shall submit a site survey, prepared by a registered professional land surveyor, showing impervious surfaces on the site and other information that may be requested by WASA.

 

Section 4100, RATES FOR SEWER SERVICE, of Chapter 41, RETAIL WATER AND SEWER RATES, of Title 21, WATER AND SANITATION, of the DCMR is amended as follows:

 

Subsection 4100.3 is amended to read as follows:

 

4100                RATES FOR WATER SERVICE

 

4100.3             Effective October 1, 2013, the rate for retail metered water service shall be increased from three dollars and forty-two cents ($3.42) for each one hundred cubic feet (1 Ccf) (or the equivalent of four dollars and fifty-seven cents ($4.57) for each one thousand gallons (1,000 gals.) (one hundred cubic feet (1 Ccf) equals seven hundred forty-eight and five hundredths gallons (748.05 gals.)) of water used to:

 

(a)        Residential Customers: three dollars and sixty-one cents ($3.61) per Ccf (or the equivalent of four dollars and eighty-three cents ($4.83) for each one thousand gallons (1,000 gals.)) of water used;

 

(b)        Multi-Family Customers: three dollars and sixty-one cents ($3.61) per Ccf (or the equivalent of four dollars and eighty-three cents ($4.83) for each one thousand gallons (1,000 gals.)) of water used; and

 

(c)        Non-Residential Customers: three dollars and sixty-one cents ($3.61) per Ccf (or the equivalent of four dollars and eighty-three cents ($4.83) for each one thousand gallons (1,000 gals.)) of water used.

 

Section 4101, RATES FOR SEWER SERVICE, of Chapter 41, RETAIL WATER AND SEWER RATES, of Title 21, WATER AND SANITATION, of the DCMR is amended as follows:

 

Subsection 4101.1 is amended to read as follows:

 

4101                RATES FOR SEWER SERVICE

 

4101.1             Effective October 1, 2013, the rates for sanitary sewer service shall be:

 

(a)        The retail sanitary sewer service rate shall be increased from four dollars and eighteen cents ($4.18) for each one hundred cubic feet (1 Ccf) (or five dollars and fifty-nine cents ($5.59) for each one thousand gallons (1,000 gals.) (one hundred cubic feet (1 Ccf) equals seven hundred forty-eight and five hundredths gallons (748.05 gals.)) of water used to:

 

(1)        Residential Customers: four dollars and forty-one cents ($4.41) per Ccf (or the equivalent of five dollars and eighty-nine cents ($5.89) for each one thousand gallons (1,000 gals.)) of water used;

 

(2)        Multi-Family Customers: four dollars and forty-one cents ($4.41) per Ccf (or the equivalent of five dollars and eighty-nine cents ($5.89) for each one thousand gallons (1,000 gals.)) of water used; and

 

(3)        Non-Residential Customers: four dollars and forty-one cents ($4.41) per Ccf (or the equivalent of five dollars and eighty-nine cents ($5.89)) for each one thousand gallons (1,000 gals.)) of water used; and

 

(b)        The annual Clean Rivers Impervious Surface Area Charge (IAC) shall be increased from one hundred fourteen dollars and eighty-four cents ($114.84), billed monthly at nine dollars and fifty-seven cents ($9.57), per Equivalent Residential Unit (ERU), to one hundred forty-two dollars and twenty cents ($142.20) per ERU, billed monthly as follows:

 

(1)        Residential Customers: eleven dollars and eighty-five cents ($11.85) per month for each ERU;

 

(2)        Multi-Family Customers: eleven dollars and eighty-five cents ($11.85) per month for each ERU; and

 

(3)        Non-Residential Customers: eleven dollars and eighty-five cents ($11.85) per month for each ERU.

 

Paragraphs 4101.1(d) and (e) are amended to read as follows:

 

(d)             The retail cooling water sewer charge shall be the retail sanitary sewer service rate set forth in Section 4101.1(a) for cooling water discharged into the District's wastewater sewer system; and

 

(e)              The retail non-potable water source sewer charge shall be the retail sanitary sewer service rate set forth in Section 4101.1(a) for non-potable water discharged into the District's wastewater sewer system.

 

Subsection 4101.4 is amended to read as follows:

 

4101.4             All non-residential and multi-family customers shall be assessed ERU(s) based upon the total amount of impervious surface area on each lot. This total amount of impervious surface shall be converted into ERU(s), truncated to the nearest one-hundred (100) square feet.

 

Section 4104, CUSTOMER CLASSIFICATION FOR WATER AND SEWER RATES, of Chapter 41, RETAIL WATER AND SEWER RATES, of Title 21, WATER AND SANITATION, of the DCMR is amended as follows:

 

Subsection 4104.1 is amended to read as follows:

 

4104.1             The customer classifications for water and sewer rates shall consist of a residential class, multi-family, and a non-residential class:

 

(a)        Residential – a single-family dwelling used for domestic purposes; a condominium or apartment unit where each unit is served by a separate service line and is individually metered and the unit is used for domestic purposes; or a multifamily structure of less than four apartment units where all the units are served by a single service line that is master metered.

 

(b)        Multi-Family – a multifamily structure (such as a condominium or apartment dwelling) used for domestic purposes, with four or more units.

 

(c)        Non-residential – all customers not within either the residential or multi-family class.