D.C. Law 21-222. Green Yards Recognition Act of 2016.

AN ACT

To establish a Green Yards Recognition Program to encourage District property owners or lessees to maintain their grounds using only safe and sustainable practices, to require the Department of Energy and Environment to establish a guide for safe and sustainable grounds maintenance practices, including a list of minimum practices, to establish a voluntary certification program for District property owners and lessees to certify that they are in compliance with the list of minimum practices for safe and sustainable grounds maintenance, and to require the Department of Energy and Environment to design a program yard sign that affirms a District property owner or lessee's compliance with the list of minimum practices for safe and sustainable grounds maintenance.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That thisact may be cited as the "Green Yards Recognition Act of 2016".

Sec. 2. Definitions.

For the purposes of this act, the term:

(1) "Department" means the Department of Energy and Environment.

(2) "Integrated pest management" shall have the same meaning as provided in section 2(8) of the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-191; D.C. Official Code § 8-431(8)).

(3) "Lawn care equipment" means leaf blowers, lawn mowers, weed eaters, snow blowers, and other equipment intended for the maintenance or care of outdoor property that requires a power supply other than human strength.

(4) "Minimum risk pesticides" means pesticide products listed in 40 C.F.R. § 152.25(f).

(5) "Organic pesticides" means pesticides including no active ingredients other than those published in the National List at 7 C.F.R. §§ 205.601 and 205.606.

(6) "Program" means the Green Yards Recognition Program established by section 3.

Sec. 3. Green Yards Recognition Program.

(a) There is established a Green Yards Recognition Program, which shall be administered by the Department of Energy and Environment, to encourage District property owners and lessees to maintain their grounds using only safe and sustainable practices.

(b) Within 120 days of the effective date of this act, the Program shall establish and publish online a guide to safe and sustainable grounds maintenance, including recommendations for best practices and a list of minimum practices. At a minimum, the list of minimum practices shall include:

(1) Participation in at least one of the Department's Riversmart programs;

(2) Use of integrated pest management for pest control;

(3) Use of only organic pesticides or minimum risk pesticides; and

(4) Use of only electric- or battery-powered lawn care equipment, to the extent that such equipment is reasonably available to consumers.

(c) No later than 30 days after the publication of the guide required by subsection (b) of this section, the Department shall make available online a form allowing a District property owner or lessee to voluntarily certify to the Department that the District property owner or lessee is in compliance with the list of minimum practices published pursuant to subsection (b) of this section. The form shall include an option allowing the District property owner or lessee to order a Program yard sign pursuant to subsection (d) of this section at the time the owner or lessee submits the voluntary certification.

(d) The Department shall design a Program yard sign that affirms a District property owner or lessee's compliance with the list of minimum practices published pursuant to subsection (b) of this section. The Department may charge a fee to the District property owner or lessee to cover the cost of production of the Program yard signs.

(e) The Department may cancel the voluntary certification of a District property owner or lessee upon learning that the District property owner or lessee is not in compliance with the list of minimum practices published pursuant to subsection (b) of this section. A District property owner or lessee whose certification has been canceled may not submit another voluntary certification of compliance for one year following the cancellation.

(f) The Department may expand the Program to:

(1) Recognize varying types or levels of voluntary compliance with the recommendations in the guide to safe and sustainable grounds maintenance published pursuant to subsection (b) of this section; and

(2) Incorporate awards, or other methods of recognition, and incentives for participants in the Program.

Sec. 4. Rules.

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 the provisions 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), 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)), and publication in the District of Columbia Register.