District of Columbia Council Period 23 Status: Died

B 23-0132 — Indoor Mold Remediation Enforcement Amendment Act of 2019 (now known as "Residential Housing Environmental Safety Amendment Act of 2020")

Last action — Final Reading, CC

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Council
  4. Died in session

This bill died with Council Period 23. It reached “Passed Council” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

142 added · 73 removed

142 line(s) added, 73 removed.

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2 Councilmember Anita Bonds 4 6 Councilmember David Grosso 8 C o u n c i l m e m b e r B r i a n n e N a d e a u Councilmember Charles Allen Councilmemyber Trtyon White, Sr.
ENROLLED ORIGINAL AN ACT ____________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ________________________ To amend the Air Quality Amendment Act of 2014 to provide for administrative enforcement of its indoor mold remediation standards;
0 A B I L L 2 3 4 5 I N T H E C O U N C I L O F T H E D I S T R I C T O F C O L U M B I A 6 7 8 9 To amend the Air Quality Amendment Act of 2013 to provide for administrative enforcement of 0 indoor mold remediation standards and procedures of the act;
to amend the Office of Administrative Hearing Establishment Act of 2001 to extend its application to an appeal of a determination not to extend the timeline for indoor mold remediation;
and to require Department of Consumer and Regulatory Affairs housing inspectors to be certified to conduct indoor 2 mold assessment and remediation.
and to amend the Lead-Hazard Prevention and Elimination Act of 2008 to modify acceptable levels of lead exposure.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 4 act may be cited as the "Indoor Mold Remediation Enforcement Amendment Act of 2019".
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Residential Housing Environmental Safety Amendment Act of 2020”.
5 Sec.
Sec.
The District of Columbia Air Quality Amendment Act of 2013, effective 6 September 9, 2014 (D.C.
The Air Quality Amendment Act of 2014, effective September 9, 2014 (D.C.
Official Code § 8-241.01 etseq.) is amended as 7 follows:
Official Code § 8-241.01 et seq.), is amended as follows:
8 (a) Section 306 (D.C.
(a) Section 303(b) (D.C.
Official Code § 8-241.05), is amended by adding a new subsection 9 (c) to read as follows:
Official Code § 8-241.02(b)) is amended by striking the word “may” and inserting the word “shall” in its place.
"(c)(1) The Department of Consumer and Regulatory Affairs or the Director shall issue a notice of violation requesting a residential property owner remediate indoor mold in accordance with section 305 if the Department of Consumer and Regulatory Affairs or Director determines that a property has ten or more square feet (10 ft.2) of indoor mold growth in an affected area.
(b) Section 304 (D.C.
"(2) The Department of Consumer and Regulatory Affairs or Director, depending upon who issued the notice of violation, shall impose a penalty on a residential property owner who fails to remediate indoor mold in accordance with section 305, which shall be a class 4 infraction under the schedule of fines in Chapter 32 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR Section 3200 et seq.) "(3) A residential property owner may submit a written request to extend the timeline for indoor mold remediation to the Department of Consumer and Regulatory Affairs or Director.
Official Code § 8-241.03) is amended by adding a new subsection (e) to read as follows:
The Department of Consumer and Regulatory Affairs or Director may extend the timeline for remediation when:
“(e)(1) Housing inspectors employed by the Department of Consumer and Regulatory Affairs (“DCRA”) as of October 1, 2021, shall obtain certification from the Department of the Energy and Environment to conduct indoor mold inspections by March 31, 2022.
"(A) The residential property owner has made good faith efforts to remediate the mold;
“(2) Housing inspectors hired by DCRA after October 1, 2021, shall obtain certification within 90 days after the housing inspector is hired.”.
and '(B) Remediation of the indoor mold requires more than 30 days to complete.
(c) Section 306 (D.C.
"(4) The Department of Consumer and Regulatory Affairs or Director shall notify the residential property owner and tenant of his or her decision in writing within 10 business days after a written request from the property ovraer has been received.
Official Code § 8-241.05) is amended by adding new subsections (c) and (d) to read as follows:
"(5) A residential property owner or tenant shall have 15 days from the receipt of the .Department of Consumer and Regulatory Affairs or Director's decision to file an appeal with the Office of Administrative Hearings." (b) Section 303(b) (D.C.
“(c) If the Director or the Department of Consumer and Regulatory Affairs (“DCRA”) determines that a property has significant indoor mold growth, the Director or DCRA shall direct the residential property owner to remediate the indoor mold in accordance with section 305(c) and issue a notice of infraction.
Official Code § 8-241.02(b)), is amended by striking the word "may" and inserting the word "shall" in its place.
The penalties for a notice of infraction issued pursuant to this subsection shall be as follows:
“(1) If the indoor mold growth is in an amount equal to or exceeding the standard established pursuant to section 303(a)(1), the violation shall be a class 3 infraction under 12 DCMR § 3201.1(c).
ENROLLED ORIGINAL “(2) If the indoor mold growth is in an amount below the standard established pursuant to section 303(a)(1), the violation shall be a class 4 infraction under 12 DCMR § 3201.1(d).
“(d)(1) A residential property owner may submit a written request to the Director or DCRA, whichever issued the notice of infraction, to extend the timeline for indoor mold remediation.
The Director or DCRA may extend the timeline for remediation when:
“(A) The residential property owner has made good faith efforts to remediate the mold;
and “(B) Remediation of the indoor mold requires more than 30 days to complete.
“(2) The Director or DCRA shall notify the residential property owner and tenant of its decision in writing within 10 business days after receipt of a request pursuant to paragraph (1) of this subsection.
“(3) A residential property owner or tenant shall have 15 days from the receipt of DCRA or the Director’s decision to file an appeal with the Office of Administrative Hearings.
“(4) DCRA and the Director shall each maintain the following information by fiscal and calendar year:
“(A) The number of notices of violation issued by the Director or DCRA pursuant to paragraph (1) of this subsection;
“(B) The number of residential property owners for whom the Director or DCRA imposed a penalty pursuant to paragraph (2) of this subsection, and the average penalty imposed;
“(C) The number of residential property owners for whom the Director or DCRA agreed to extend the timeline for remediation, pursuant to paragraph (3) of this subsection;
and “(D) The number of residential property owners who, having received an extension, did not remediate the cause of the notice of violation by the end of the extension period.”.
(d) Section 310 (D.C.
Official Code § 8-241.09) is amended by striking the period and inserting the phrase “pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C.
Law 6-42;
D.C.
Official Code § 2- 1801.01 et seq.).” in its place.
Certification of Department of Consumer and Regulatory Affairs housing inspectors.
Section 6 of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C.
Each housing inspector under the authority of the Department of Consumer and RegulatoryAffairs shall obtain certification from the Department of the Energy and Environment to conduct indoor mold assessment and remediation within 180 days after the effective date of this act.
Law 14-76;
Sec.
D.C.
Official Code § 2-1831.03), is amended by adding a new subsection (b-26) to read as follows:
“(b-26) This act shall apply to all appeals made pursuant to section 306(d)(3) of the Air Quality Amendment Act of 2014, effective September 9, 2014 (D.C.
Show all 84 changed rows (44 more)
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Law 20-135;
D.C.
Official Code § 8-241.05(d)(3)).”.
ENROLLED ORIGINAL Sec.
Section 2 of the Lead-Hazard Prevention and Elimination Act of 2008, effective March 31, 2009 (D.C.
Law 17-381;
D.C.
Official Code § 8-231.01), is amended as follows:
(a) Paragraph (13) is amended by striking the phrase “10 micrograms” and inserting the phrase “5 micrograms” in its place.
(b) Paragraph (20) is amended by striking the phrase “one milligram per square centimeter (1.0mg/cm )” and inserting the phrase “0.7 milligrams per square centimeter (0.7mg/cm )” in its place.
(c) Paragraph (24) is amended as follows:
(1) Subparagraph (A) is amended as follows:
(A) Sub-subparagraph (i) is amended by striking the phrase “40 micrograms” and inserting the phrase “10 micrograms” in its place.
(B) Sub-subpa2agraph (ii) is amended by striking the phrase “250 µg/ft ” and inserting the phrase “100 µg/ft ” in its place.
(2) Subparagraph (B) is amended as follows:
(A) Sub-subparagraph (i) is amended as follows:
(i) Strike the phrase “400 µg/ft2” and inserting the phrase “100 µg/ft ” in its place.
(ii) Strike the phrase “;
or” and insert a semicolon in its place.
(B) A new sub-subparagraph (iii) is added to read as follows:
”(iii) 40 µg/ft on porch floors;
or”.
(d) Paragraph (27) is amended by striking the phrase “lead-based paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/cm 2)” and inserting the phrase “lead-contaminated dust or lead-based paint” in its place.
(e) Paragraph (28) is amended by striking the phrase “lead-based paint or other surface coatings that contain lead equal to or in excess of one milligram per square centimeter (1.0 mg/cm )” and inserting the phrase “lead-contaminated dust or lead-based paint” in its place.
(f) Paragraph (33) is amended as follows:
(1) Subparagraph (C) is amended by striking the phrase “;
and” and inserting a semicolon in its place.
(2) Subparagraph (D) is amended by striking the period and inserting a semicolon in its place.
(3) New subparagraphs (E) and (F) are added to read as follows:
“(E) Per diem food expenses when the replacement housing does not include a kitchen;
and “(F) For the length of time that a tenant resides in temporary replacement housing, and calculated on a monthly basis, excess costs incurred by the tenant to travel to and from work, which shall be calculated by subtracting the amount the tenant paid to travel to and from their place of work during a given month from the amount the tenant paid to travel to and ENROLLED ORIGINAL from work for the month immediately preceding the tenant moving into the temporary replacement housing.”.
Sec.
5.
Applicability (a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of this act.
Sec.
6.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16,2006 (12 Stat.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat.
5.
7.
This act shall take effect following approval of 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 RuleAct, approved December 24,1973 (87 Stat.
This act shall take effect following approval of 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 ENROLLED ORIGINAL 24, 1973 (87 Stat.
Official Code § l-206.02(c)(l)), and publication in the District of Columbia Register.
Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 5
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Action History

  1. Final Reading, CC

  2. Committee Report Filed

  3. First Reading, CC

  4. Committee Mark-up of B23-0132

  5. Committee Report Filed

  6. Committee Mark-up of B23-0132

  7. Public Hearing on B23-0132 View Public Hearing Record

  8. Notice of Public Hearing Published in the District of Columbia Register

  9. Notice of Intent to Act on B23-0132 Published in the District of Columbia Register

  10. Referred to Committee on Transportation and the Environment, and Committee of the Whole

  11. B23-0132 Introduced by Chairman Mendelson, Councilmembers R. White, Evans, McDuffie, T. White, Bonds, Nadeau, Todd, Allen, and Grosso at Committee of the Whole

Sponsors

Sponsorship breakdown

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12 sponsors · 0 co-sponsors · 9 not signed on

Sponsors (12)

Co-sponsors (0)

None.

Not signed on (9)

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

housing environment
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Frequently asked questions

Who sponsors B 23-0132?
B 23-0132 is sponsored by White, Robert C., David Grosso, Charles Allen, Brandon Todd, Brianne K. Nadeau, Anita Bonds, Trayon White, Sr., Kenyan R. McDuffie, Jack Evans, and Phil Mendelson.
What is the current status of B 23-0132?
This bill died with Council Period 23. It reached “Passed Council” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track B 23-0132?
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