Text: H.R.3663 — 104th Congress (1995-1996)All Bill Information (Except Text)

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Public Law No: 104-184 (08/06/1996)

 
[104th Congress Public Law 184]
[From the U.S. Government Printing Office]


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[DOCID: f:publ184.104]


[[Page 1695]]

       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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