Code of the District of Columbia

§ 8–151.12. Achieving primacy; procedure.

(a) Prior to applying for primacy to the U.S. Environmental Protection Agency for any environmental law, the Mayor shall, in consultation with the Director of DOEE and the Chief Financial Officer of the District of Columbia, conduct a cost/benefit analysis, which shall include an economic impact analysis, performance analysis, and fiscal impact analysis, including the identification of a revenue stream to effectively assume primacy.

(b) The Mayor shall not recommend applying for primacy unless the conclusion of the cost/benefit analysis required by subsection (a) of this section is that the costs of achieving primacy would be commensurate with the benefits.

(c) If the Mayor recommends, in accordance with subsection (b) of this section, that the District apply for primacy, the Mayor shall transmit the cost/benefit analysis to the Council with a proposed resolution for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed resolution within this 45-day review period, the application for primacy shall be deemed disapproved.

(d) For the purpose of this section, “performance analysis” means the ability of the District to effectively enforce primacy, including in terms of the number of District employees needed and available, the level of specialized expertise needed and available, the number of additional employees or equipment, if any, that will be needed, and the impact of assigning existing employees or equipment to the enforcement or administration of the law for which primacy has been achieved.


(Feb. 15, 2006, D.C. Law 16-51, § 112, 52 DCR 10812; Oct. 8, 2016, D.C. Law 21-160, § 6045(b), 63 DCR 10775.)