D.C. Law 22-146. Home Composting Incentives Amendment Act of 2018.

D.C. Law 22-146. Home Composting Incentives Amendment Act of 2018.

AN ACT

To amend the Sustainable Solid Waste Management Amendment Act of 2014 to establish a Home Composting Incentive Program to provide vouchers and rebates for the purchase of home composting systems for residential property owners and lessees in the District, to authorize owners of residential property in the District to engage in composting, and to authorize the Mayor to issue rules relating to the Home Composting Incentive Program; and to amend section 47-1803.02 of the District of Columbia Official Code to provide that the amount received by a taxpayer from the Home Composting Incentive Program shall be excluded in the computation of District gross income.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Home Composting Incentives Amendment Act of 2018".

Sec. 2. The Sustainable Solid Waste Management Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-154; D.C. Official Code § 8-1031.01 et seq.), is amended as follows:

Note § 8-1031.01

(a) Section 101 (D.C. Official Code § 8-1031.01) is amended as follows:

Amend § 8-1031.01

(1) A new paragraph (8A) is added to read as follows:

"(8A) "Home composting system" means containers, bins, tumblers, and other equipment, approved by the Department of Public Works, used to facilitate composting or vermicomposting on residential property in the District.".

Amend § 8-1031.01

(2) A new paragraph (20A) is added to read as follows:

"(20A) "Vermicomposting" means the process of using earthworms and microorganisms to convert organic materials into vermicompost.".

(b) New sections 112a and 112b are added to read as follows:

New § 8-1031.12a

Note § 8-1031.12a

"Sec. 112a. Home Composting Incentive Program.

"(a) There is established a Home Composting Incentive Program ("Program"), to be administered by the Mayor, to provide rebates and vouchers to encourage residential property owners and lessees to purchase and use a home composting system.

"(b) To be eligible for the rebate provided for in this section, a residential property owner or lessee shall:

"(1) After the effective date of the Home Composting Incentives Amendment Act of 2018, passed on 2nd reading on May 1, 2018 (Enrolled version of Bill 22-501), purchase a home composting system;

"(2) Complete the training described in subsection (f) of this section; and

"(3) Submit a rebate claim to the Mayor in a manner to be determined by the Mayor.

"(c)(1) Upon approval of a rebate claim submitted pursuant to subsection (b) of this section, the Program shall provide a rebate up to $75 per residential address; provided, that the amount of the rebate shall not exceed the purchase price of the home composting system.

"(2) Rebates shall be sent to the residential property owner or lessee within 30 days after the rebate claim is approved.

"(3) Rebates shall be contingent upon the availability of funds.

"(d) To be eligible for the voucher provided for in this section, a residential property owner or lessee shall:

"(1) Complete the training described in subsection (f) of this section; and

"(2) Submit a voucher application to the Mayor in a manner to be determined by the Mayor.

"(e)(1) Upon approval of a voucher application submitted pursuant to subsection (d) of this section, the Program shall provide a voucher up to $75 per residential address.

"(2) Vouchers shall be sent to the residential property owner or lessee within one week after the voucher application is approved.

"(3) Vouchers shall be contingent upon the availability of funds.

"(f)(1) The Mayor, or a contractor selected by the Mayor, shall provide in-person training for District residents on proper handling and processing of organic materials that will be turned into compost, including training for residents interested in both outdoor composting and vermicomposting.

"(2) The Mayor shall create educational materials for District residents regarding how to use home composting systems in a manner that avoids creating public nuisances.

New § 8-1031.12b

Note § 8-1031.12b

"Sec. 112b. Residential composting.

"An owner of residential property in the District may engage in composting on his or her residential property; provided, that that the composting shall be conducted in a manner that does not:

"(1) Promote the development, attraction, or harborage of vectors; or

"(2) Create a public nuisance.".

Note § 8-1031.14

(c) Section 114 (D.C. Official Code § 8-1031.14) is amended by adding a new subsection (a-1) to read as follows:

Amend § 8-1031.14

"(a-1) 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 to implement sections 112a and sections 112b.".

Amend § 47-1803.02

Sec. 3. Section 47-1803.02(a)(2) of the District of Columbia Official Code is amended by adding a new subparagraph (DD) to read as follows:

"(DD) The amount received by a taxpayer from the Home Composting Incentive Program pursuant to section 112a of the Sustainable Solid Waste Management Amendment Act of 2014, passed on 2nd reading on May 1, 2018 (Enrolled version of Bill 22-501).".

Sec. 4. Applicability.

(a) Section 2 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 section 2.

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), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.