§ 8–102.05. Establishment of the Anacostia River Clean Up and Protection Fund.

(a) There is established as a nonlapsing fund the Anacostia River Clean Up and Protection Fund. The fees established by § 8-102.03 for disposable carryout bags and transmitted to the Office of Tax and Revenue, the net proceeds from the issuance of Anacostia River Commemorative License Plates, all fees collected pursuant to § 50-1501.02l(b)(1), and the net proceeds from the voluntary tax check-off provided in § 47-1812.111c [§ 47-1812.11d] shall be deposited in the Fund. The Fund shall be used solely for the purposes set forth in subsection (b) of this section and shall be administered by the Office of the Director of the Department of Energy and Environment ("DOEE").

(b) The Fund shall be used solely for the purposes of cleaning and protecting the Anacostia River and other impaired waterways. Funds shall be used for the following projects:

(1) A public education campaign to educate residents, businesses, and tourists about the impact of trash on the District’s environmental health;

(1A) The pilot program described in § 8-102.06a, and, at the discretion of the DOEE, the pilot program’s full implementation;

(2) Providing reusable carryout bags to District residents, with priority distribution to seniors and low-income residents;

(3) Purchasing and installing equipment, such as storm drain screens and trash traps, designed to minimize trash pollution that enters waterways through storm drains, with priority given to storm drains surrounding the significantly impaired tributaries identified by the DOEE;

(4) Creating youth-oriented water resource and water pollution educational campaigns for students at the District public and charter schools;

(5) Monitoring and recording pollution indices;

(6) Preserving or enhancing water quality and fishery or wildlife habitat;

(7) Promoting conservation programs, including programs for wildlife and endangered species;

(7A) Awarding an annual grant, on a competitive basis, in an amount not to exceed $200,000, to provide wildlife rehabilitation services;

(7B) In Fiscal Year 2022, at least $50,000 to produce a report, which, upon its completion, shall be published on DOEE's website, analyzing the projected effects of banning the sale of beverages packaged in single-use plastic containers in the District, including effects on waterways, equity, and the local economy;

(8) Purchasing and installing signs and equipment designed to minimize trash pollution, including anti-littering signs to be installed in areas where littering would impact the Anacostia River, recycling containers, and covered trash receptacles;

(9) Restoring and enhancing wetlands and green infrastructure to protect the health of the watershed and restore the aquatic and land resources of its watershed;

(10) Funding community cleanup events and other activities that reduce trash, such as increased litter collection;

(11) Funding a circuit rider program with neighboring jurisdictions to focus river and tributary clean-up efforts upstream;

(12) Supporting vocational and job training experiences in environmental and sustainable professions that enhance the health of the watershed;

(13) Maintaining a public website that educates District residents on the progress of clean-up efforts; and

(14) Paying for the administration of this program.

(c)(1) The Fund shall not be used to supplant funds appropriated as part of an approved annual budget for Anacostia River cleaning activities.

(2) The Fund shall not be used to fund street sweeping activities.

(d) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of the fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization from Congress.

(Sept. 23, 2009, D.C. Law 18-55, § 6, 56 DCR 5703; Sept. 24, 2010, D.C. Law 18-223, § 1132, 57 DCR 6242; Oct. 23, 2012, D.C. Law 19-188, § 2(b), 59 DCR 10151; Oct. 22, 2015, D.C. Law 21-36, § 6052, 62 DCR 10905; Nov. 13, 2021, D.C. Law 24-45, § 6153, 68 DCR 010163.)

Section References

This section is referenced in § 2-1226.36, § 8-102.01, § 8-102.03, § 8-102.07, § 47-1812.11d, and § 50-1501.03.

Effect of Amendments

D.C. Law 18-223, in subsec. (c), designated the existing text as par. (1) and added par. (2).

The 2012 amendment by D.C. Law 19-188 added (b)(1A); and in (b)(8), inserted “signs and” and “anti-littering signs to be installed in areas where littering would impact the Anacostia River.”

The 2015 amendment by D.C. Law 21-36 deleted “in the following order of priority” following “Funds shall be used for the following projects” in (b).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6153 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 day) amendment of section, see § 802 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).

For temporary (90 day) amendment of section, see § 802 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).

For temporary (90 day) amendment of section, see § 1132 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 days) amendment of this section, see § 6052 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

Section 802 of D.C. Law 18-222 rewrote subsec. (c) to read as follows:

“(c)(1) The Fund shall not be used to supplant funds appropriated as part of an approved annual budget for Anacostia River cleaning activities.

“(2) The Fund shall not be used to fund street sweeping activities.”.

Section 2002(b) of D.C. Law 18-222 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 1131 of D.C. Law 18-223 provided that subtitle N of title I of the act may be cited as the “Anacostia River Clean Up and Protection Clarification Amendment Act of 2010”.