Image of boats at the Wharf by Aimee Custis Photography licensed under Creative Commons.

The Committee on Housing and Executive Administration Chair Anita Bonds (At-Large) held a meeting last week to discuss Bill 24-0617, the District Waterways Management Authority Establishment Act of 2022, which would, as the name implies, create a District Waterways Management Authority as well as a District Waterways Management Commission. These entities would be housed within an Office of District Waterways under the Department of Energy and Environment.

Co-introduced by Councilmembers Allen (Ward 6), Cheh (Ward 3), Nadeau (Ward 1), T. White (Ward 8), Gray (Ward 7), Pinto (Ward 2), and McDuffie (Ward 5), the bill’s stated goals are to “comprehensively plan, manage, coordinate, promote, and advocate for the diverse uses” of the Washington Channel and the Potomac and Anacostia Rivers as well as adjacent property. The proposed Authority and Commission would be tasked with creating a District Waterways Management Action Plan, which would involve collaboration with regional and federal officials and agencies as well as community organizations and private stakeholders.

The Committee Report’s language cited the success of the District’s waterfront revitalization efforts and concern for the ongoing health of DC’s waterways. The District of Columbia has complete territorial control over the Potomac River through the District and even some of the land on the Western side. Still, it has no means of regulating the health of the water that enters DC from watersheds in Maryland, Virginia, West Virginia, and Pennsylvania.

The report called for better inter-agency and inter-regional collaboration to address the needs of water-adjacent and waterborne communities — the District recognizes several live-aboard boaters and the report specifically noted the Gangplank Slipholders Association, the Capital Yacht Club, and the Seafarers Yacht Club as clear stakeholders. It also cited public testimony suggesting the region’s waterways were both over and under-regulated.

“Witnesses explained that development projects and commercial enterprises must go through an unnecessarily burdensome and complicated process, in part because some agencies have overlapping or contradicting jurisdiction,” the report noted. “Stakeholders testified that certain maritime issues regarding development and use of waterways infrastructure is beyond the scope of any one regulatory agency, leaving key decisions in the hands of private developers.”

The bulk of the conversation during the meeting dealt with committee makeup. Council Chairman Phil Mendelson asked why the report called for a committee of 25-30 people.

“You know my view of that is it’s easier if [the eight council appointees are] appointed by the Chair of the Council,” Mendelson said in reference to his own role, “because otherwise you have to go through hearings and council votes.” As for the numerous non-voting agency representatives on the proposed board, Mendelson asked “Why not leave it to the mayor to just decide which agencies should be on there and let her do as many non-voting members as she wants?”

Bonds explained that non-voting members are “treated more as technical or expert participants” and “[do] not restrict the business of the body.” Bonds elaborated, saying “The testimony we received indicated that certainly, it would be useful to have the non-DC agencies’ or federal agencies’ participation because a lot of what is going to be of concern and has been of concern does require some input from them.”

Because of the bill’s nature, and that it would be housed under the Department of Energy and the Environment (DOEE), Mendelson expressed concern that Bonds had not yet forwarded it to the Committee on Transportation & the Environment.

“I’m more concerned that this gets reported out and then we discover that because it wasn’t referred to the Committee on Transportation & the Environment, that they have concerns and we’re suddenly knocked a little sideways on it,” Mendelson said.

Committee members Pinto, McDuffie, and Silverman (At-Large) were not present. Councilmember Robert White (At-Large) and Mendelson voted for Bonds to refer the print to the Committee of the Whole. Mendelson said earlier in the hearing that he had tentatively earmarked B24-0617 for a legislative read before the Committee of the Whole in early December.

On another level, the future of a unified agency regulating DC’s waterways remains murky. Chief Financial Officer Glen Lee concluded in a Financial Impact Statement that there are not sufficient funds in the budget — up to FY 2026 — to implement the bill. The statement noted the FY 2023 implementation cost would be $471,000 and $1.3 million over the bill’s four-year financial plan period.

This week on DC Council:

The Committee of the Whole convened at noon Tuesday to consider the WMATA Board of Directors Amendment Act of 2021 (B24-0124) in its first round of review. The bill would loosen the requirements to represent the District on the WMATA board. CHSAP — which as a resolution only requires a single round of voting — will be adopted by the end of the month unless a resolution of approval or disapproval emerges. B24-0124 will now go onto its second reading. All Councilmembers voted yes on both measures except for Councilmember Cheh who was absent.

In the legislative session that followed, the Council sent the Ignition Interlock Program Amendment Act of 2022 to Mayor Bowser’s office. The bill would affect DC license holders who have violated DUI laws on a military base or in a foreign country. For these drivers, the bill would require the use of an ignition interlock device, preventing the car from starting if the driver fails a breathalyzer test.

Council also approved resolution PR 24-1041 and its sister bill B24-1095, exempting the 11th Street Bridge project from DC Municipal Regulation 2605.7(a), obviating the search for “a practicable alternative.”

The Council’s next legislative meeting is scheduled for December 6 at noon.

Coming up on the docket:

The Committee on Transportation & the Environment will hold a meeting on Thursday, November 17 at 1 pm. No public agenda has been set.

The Committee of the Whole will vote Monday, November 21 at noon on resolution PR 24-1037 which would confirm Anita Cozart as the Director of the Office of Planning. Cozart has served as interim director since December 2021 when her predecessor, Andrew Trueblood, vacated the position. Immediately afterward, COW will vote on resolution PR 24-1038 which would reappoint architect Matthew Bell to the Historic Preservation Review Board, where he has served since 2020.

On Tuesday, November 22, the Housing and Executive Administration Committee will hold a public hearing at 11 am — rescheduled from November 17 — to discuss Bill 24-802, the Green New Deal for Housing Amendment Act of 2022.