[104th Congress Public Law 184]
[From the U.S. Government Printing Office]
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[DOCID: f:publ184.104]
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DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY ACT OF 1996
[[Page 110 STAT. 1696]]
Public Law 104-184
104th Congress
An Act
To amend the District of Columbia Self-Government and Governmental
Reorganization Act to permit the Council of the District of Columbia to
authorize the issuance of revenue bonds with respect to water and sewer
facilities, and for other purposes. <<NOTE: Aug. 6, 1996 - [H.R.
3663]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: District of
Columbia Water and Sewer Authority Act of 1996.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``District of Columbia Water and Sewer
Authority Act of 1996''.
SEC. 2. PERMITTING ISSUANCE OF REVENUE BONDS FOR WASTEWATER TREATMENT
ACTIVITIES.
(a) Authority to Issue Bonds.--
(1) In general.--The first sentence of section 490(a)(1) of
the District of Columbia Self-Government and Governmental
Reorganization Act (sec. 47-334(a)(1), D.C. Code) is amended--
(A) by striking ``and industrial'' and inserting
``industrial''; and
(B) by striking the period at the end and inserting
the following: ``, and water and sewer facilities (as
defined in paragraph (5)).''.
(2) Water and sewer facilities defined.--Section 490(a) of
such Act (sec. 47-334(a), D.C. Code) is amended by adding at the
end the following new paragraph:
``(5) In paragraph (1), the term `water and sewer facilities' means
facilities for the obtaining, treatment, storage, and distribution of
water, the collection, storage, treatment, and transportation of
wastewater, storm drainage, and the disposal of liquids and solids
resulting from treatment.''.
(b) Use of Revenues to Make Payments on Bonds.--The second sentence
of section 490(a)(3) of such Act (sec. 47-334(a)(3), D.C. Code) is
amended by inserting after ``property'' each place it appears in
subparagraphs (A) and (B) the following: ``(including water and sewer
enterprise fund revenues, assets, or other property in the case of
bonds, notes, or obligations issued with respect to water and sewer
facilities)''.
(c) Permitting Delegation of Authority To Issue Revenue Bonds to
Water and Sewer Authority.--
(1) In general.--Section 490 of such Act (sec. 47-334, D.C.
Code) is amended by adding at the end the following new
subsection:
``(h)(1) The Council may delegate to the District of Columbia Water
and Sewer Authority established pursuant to the Water
[[Page 110 STAT. 1697]]
and Sewer Authority Establishment and Department of Public Works
Reorganization Act of 1996 the authority of the Council under subsection
(a) to issue revenue bonds, notes, and other obligations to borrow money
to finance or assist in the financing or refinancing of undertakings in
the area of utilities facilities, pollution control facilities, and
water and sewer facilities (as defined in subsection (a)(5)). The
Authority may exercise authority delegated to it by the Council as
described in the first sentence of this paragraph (whether such
delegation is made before or after the date of the enactment of this
subsection) only in accordance with this subsection.
``(2) Revenue bonds, notes, and other obligations issued by the
District of Columbia Water and Sewer Authority under a delegation of
authority described in paragraph (1) shall be issued by resolution of
the Authority, and any such resolution shall not be considered to be an
act of the Council.
``(3) The fourth sentence of section 446 shall not apply to--
``(A) any amount (including the amount of any accrued
interest or premium) obligated or expended from the proceeds of
the sale of any revenue bond, note, or other obligation issued
pursuant to this subsection;
``(B) any amount obligated or expended for the payment of
the principal of, interest on, or any premium for any revenue
bond, note, or other obligation issued pursuant to this
subsection;
``(C) any amount obligated or expended to secure any revenue
bond, note, or other obligation issued pursuant to this
subsection; or
``(D) any amount obligated or expended for repair,
maintenance, and capital improvements to facilities financed
pursuant to this subsection.''.
(2) Conforming amendment.--The fourth sentence of section
446 of such Act (sec. 47-304, D.C. Code) is amended by striking
``(f) and (g)(3)'' and inserting ``(f), (g)(3), and (h)(3)''.
SEC. 3. TREATMENT OF REVENUES AND OBLIGATIONS.
(a) Exclusion of Revenues for Purposes of Cap on Aggregate District
Debt.--Paragraphs (1) and (3)(A) of section 603(b) of the District of
Columbia Self-Government and Governmental Reorganization Act (sec. 47-
313(b), D.C. Code) are each amended by inserting after ``revenue
bonds,'' the following: ``any revenues, charges, or fees dedicated for
the purposes of water and sewer facilities described in section 490(a)
(including fees or revenues directed to servicing or securing revenue
bonds issued for such purposes),''.
(b) Exclusion of Obligations Relating to Debt Servicing Payments on
Certain General Obligation Bonds.--
(1) In general.--Section 603(b)(2) of such Act (sec. 47-
313(b)(2), D.C. Code) is amended--
(A) by striking ``and obligations'' and inserting
``obligations''; and
(B) by inserting after ``establishment,'' the
following: ``and obligations incurred pursuant to
general obligation bonds of the District of Columbia
issued prior to October 1, 1996, for the financing of
Department of Public Works, Water and Sewer Utility
Administration capital projects,''.
[[Page 110 STAT. 1698]]
(2) Conforming amendment.--Section 603(b)(3)(B) of such Act
(sec. 47-313(b)(3)(B), D.C. Code) is amended by inserting after
``bonds'' the following: ``(less the allocable portion of
principal and interest to be paid during the year on general
obligation bonds of the District of Columbia issued prior to
October 1, 1996, for the financing of Department of Public
Works, Water and Sewer Utility Administration capital
projects)''.
SEC. 4. TREATMENT OF BUDGET OF WATER AND SEWER AUTHORITY.
(a) Preparation of Independent Budget.--Subpart 1 of part D of title
IV of the District of Columbia Self-Government and Governmental
Reorganization Act is amended by inserting after section 445 the
following new section:
``water and sewer authority budget
``Sec. 445A. The District of Columbia Water and Sewer Authority
established pursuant to the Water and Sewer Authority Establishment and
Department of Public Works Reorganization Act of 1996 shall prepare and
annually submit to the Mayor, for inclusion in the annual budget, annual
estimates of the expenditures and appropriations necessary for the
operation of the Authority for the year. All such estimates shall be
forwarded by the Mayor to the Council for its action pursuant to
sections 446 and 603(c), without revision but subject to his
recommendations. Notwithstanding any other provision of this Act, the
Council may comment or make recommendations concerning such annual
estimates, but shall have no authority under this Act to revise such
estimates.''.
(b) Exemption From Reductions of Budgets of Independent Agencies.--
Section 453(c) of such Act (sec. 47-304.1(c), D.C. Code) is amended--
(1) by striking ``courts or the Council, or to'' and
inserting ``courts, the Council,''; and
(2) by striking the period at the end and inserting the
following: ``, or the District of Columbia Water and Sewer
Authority established pursuant to the Water and Sewer Authority
Establishment and Department of Public Works Reorganization Act
of 1996.''.
(c) Conforming Amendment.--Section 442(b) of such Act (sec. 47-
301(b), D.C. Code) is amended--
(1) by striking ``and the Commission'' and inserting ``the
Commission''; and
(2) by striking the period at the end and inserting the
following: ``, and the District of Columbia Water and Sewer
Authority.''.
(d) Clerical Amendment.--The table of contents of subpart 1 of part
D of title IV of the District of Columbia Self-Government and
Governmental Reorganization Act is amended by inserting after the item
relating to section 445 the following new item:
``Sec. 445A. Water and Sewer Authority budget.''.
SEC. 5. CLARIFICATION OF COMPENSATION OF CURRENT EMPLOYEES OF DEPARTMENT
OF PUBLIC WORKS.
The first sentence of section 205(b)(2) of the Water and Sewer
Authority Establishment and Department of Public Works Reorganization
Act of 1996 (sec. 43-1675(b)(2), D.C. Code) is amended by striking
``duties)'' and inserting ``duties, and except as may
[[Page 110 STAT. 1699]]
otherwise be provided under the personnel system developed pursuant to
subsection (a)(4) or a collective bargaining agreement entered into
after the date of the enactment of this Act)''.
Approved August 6, 1996.
LEGISLATIVE HISTORY--H.R. 3663:
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HOUSE REPORTS: No. 104-635 (Comm. on Government Reform and Oversight).
CONGRESSIONAL RECORD, Vol. 142 (1996):
June 27, considered and passed House.
July 30, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Aug. 6, Presidential statement.
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