B 26-0542

                                                                       ENROLLED ORIGINAL
                                             AN ACT
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                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To provide affordable housing developers seeking utility provider clearance in the building
       permitting process with expert consultation, administrative coordination, and inter-
       agency data transparency.
       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Powering Local Utility Guidance in Housing Act of 2026”.
       Sec. 2. Definitions.
       For the purposes of this act, the term:
                (1) “DHCD” means the Department of Housing and Community Development.
                (2) “DOB” means the Department of Buildings.
                (3) “OCTO” means the Office of the Chief Technology Officer.
                (4) “Qualifying affordable housing proposal” means an affordable housing
construction or rehabilitation project proposal for which the developer submits at least one of the
following to DHCD:
                       (A) Documentation demonstrating that the applicant has secured financing
or funds from the District or federal government that is conditioned on the applicant
providing income-restricted affordable housing units for a period of at least 15 years;
                       (B) A sworn certification that the applicant intends to apply for financing
or funds from the District or federal government that would be conditioned on the applicant
providing income-restricted affordable housing units for a period of at least 15 years; or
                       (C) A recorded property covenant that requires income-restricted
affordable housing units in amounts exceeding the requirements of the Inclusionary Zoning
Program, as that term is defined in section 101(4) of the Inclusionary Zoning Implementation
Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-275; D.C. Official Code § 6-
1041.01(4)); except, that the Mayor, pursuant to Title I of the District of Columbia
Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code §
2-501 et seq.), may issue rules specifying a deeper level of affordability that a project must meet
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to satisfy this subparagraph.
                 (5) “Utility provider” means a business or government instrumentality that
provides electric, water, sewer, or fuel line service to residential buildings in the District and
from which DOB requires authorization before issuing building certificates of occupancy.
         Sec. 3. Technical consulting for affordable housing utility permitting, administrative
assistance, and data transparency.
         (a)(1) DHCD shall offer the services of one or more utility design consultants, who shall
be experienced in designing projects in compliance with the residential design requirements of
the various utility providers, for qualifying affordable housing proposals,.
                 (2) DHCD shall clearly communicate to each applicant using the services of a
DHCD utility design consultant that such services are a courtesy, are used at the applicant’s sole
risk, and will not supersede the utility provider’s determination in the event of an error or
disagreement on the part of the utility design consultant. Failure to communicate the limitations
of the utility design consultant shall not constitute grounds for liability to any applicant on the
part of the District or any utility design consultant.
         (b) DHCD shall offer the services of one or more utility permitting liaisons, who shall
assist developers with the administrative requirements involved in obtaining utility provider
construction approval for qualifying affordable housing proposals, including by coordinating
pre-construction utility provider disconnections, coordinating utility provider inspections,
tracking corrective actions necessary for obtaining final utility provider approval, and
maintaining communication with key utility provider personnel, for qualifying affordable
housing proposals.
         (c) Within 60 days after the applicability date of this act, DHCD, DOB, and OCTO shall
execute a Memorandum of Understanding and data-sharing agreement (collectively
“agreements”) among themselves and with utility providers to implement subsections (a) and (b)
of this section. These agreements shall ensure that consultants have the access and prioritization
necessary to fulfill the provisions of this act and that residential developers can view timely
utility provider inspection and review updates through DOB’s system of record or another
centralized permitting database. DHCD shall consult annually with residential building industry
stakeholders to update these agreements as necessary.
        Sec. 4. 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
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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. 5. Fiscal impact statement.
       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. 2038; D.C. Official Code § 1-301.47a).
       Sec. 6. 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) and 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)).
               ___________________________________
               Chairman
               Council of the District of Columbia
_________________________________
Mayor
District of Columbia
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