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_____________________________ Councilmember Vincent B. Orange, Sr.

____________________________ Councilmember Kenyan McDuffie

____________________________ Councilmember Jim Graham

_____________________________ Councilmember Michael A. Brown

A BILL ____________

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA _______________________

Councilmember McDuffie introduced the following bill, which was referred to the Committee on _____. To amend the District Department of the Environment Establishment Act of 2005 to require the Director of the District Department of the Environment to establish and administer a fund to assist District residents with the costs associated with overland flooding and sewer line backup flood damage to homes and personal property; to amend the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996 to create a Flood Assistance Fund collected by DC Water and remitted to the District Department of the Environment.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the District of Columbia Flood Assistance Fund Amendment Act of 2012". Sec. 2. The District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.), is amended by adding a new Title I-C to read as follows: I-C. ESTABLISHMENT OF FLOOD ASSISTANCE FUND. Sec. 182. Flood Assistance Fund.
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(a) The Director shall establish a fund (Flood Assistance Fund) to pay individual claims resulting from overland flooding and sewer-line backup damage to homes and personal property therein. (b) Within 90 days of the effective date of this act, the Director shall establish by rule a program to administer claims from the Flood Assistance Fund, which shall include the following requirements: (1) Flood Assistance Fund proceeds shall be made available only when a Presidential disaster declaration is not covering the District of Columbia. (2) To be eligible for assistance under this title, a claimant must have suffered a loss caused by overland flooding or a sewer line backup resulting from a storm event after July 1, 2012, which is not otherwise covered by an insurance policy covering the affected property. (3) The Director shall establish additional eligibility requirements as needed. (c) The Director shall make an eligibility determination within 30 days of submission of a claim and shall remit payment within 14 days of the determination. (d) Claimants awarded compensation under the Flood Assistance Fund may not submit an additional claim for assistance unless the claimant meets financial need-based criteria to be established by the Director. (e) After July 1, 2013, a claimant may not submit a claim for payment under the Flood Assistance Fund unless the claimant submits documentation that backflow preventers have been properly installed on the property that is the subject of the claim. (1) The Director shall determine the documentation necessary to satisfy this subsection. (2) The Director shall coordinate with the General Manager of the District of

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Columbia Water and Sewer Authority to extend the rebate program to defray the costs of backflow preventers for residents who meet certain need-based criteria developed by the Director. (i) The Director shall coordinate with the Department of Insurance, Securities and Banking to ensure claimants receive information on the availability of flood and sewer-line backup insurance. (j) The Director shall submit an annual report to the Council and the Mayor, which, at a minimum, shall contain the following information: (1) Number of claims submitted; (2) Geographic distribution of claims submitted and claims paid; (3) Type of damage compensated by claims paid; (4) Processing time for claims and disbursements; (5) Total dollar amount of claims paid; (6) Flood Assistance Fund balance; (7) Administrative costs . Sec. 3. 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 34-2201.01 et seq.), is amended by adding a new Title I-D to read as follows: TITLE. I-D. CONFORMING AMENDMENT. (d-8)(1) The Authority shall collect a flood assistance fee established by the Director, which charge the Director of the District Department of the Environment shall establish by rule and may from time to time amend. (2) The proceeds of the flood assistance fee shall be deposited in a fund (Flood

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Assistance Fund) which shall pay individual claims resulting from sewer-line backup damage to homes and personal property therein. Sec. 4. Fiscal impact statement. The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code 1-206.02(c)(3)). Sec. 5. Effective date. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the District of Columbia Register.