In testimony to the D.C. Council Committee on Transportation and the Environment, DC Appleseed project director Brooke DeRenzis explains the importance of toxics clean-up to achieving the District’s goal of a swimmable, fishable Anacostia River.  Her testimony describes how toxic compounds from industrial activities, stormwater pollution, and sewers have accumulated in sediment at the bottom of the Anacostia River, making the river’s fish unsafe to eat, and she calls on the D.C. Council to continue to support the District Department of Environment’s toxics clean-up effort in the city’s budget.

At the release of DC Appleseed’s Seventh Report Card on HIV/AIDS in the Nation’s Capital, questions arose about reports that the possession of more than three condoms could be used as evidence of prostitution. Mayor Vincent Gray emphasized the importance of condom distribution and availability and promised to have his Administration clarify District law and the policy of the Metropolitan Police Department (MPD).

DC Appleseed followed up with the Mayor’s Office, convened a coalition of HIV/AIDS advocacy and service organizations, and coordinated a meeting with Deputy Mayor for Public Safety Paul Quander. Joining the Deputy Mayor at the meeting were MPD Chief Cathy Lanier and Assistant Chief Peter Newsham, and HIV/AIDS, Hepatitis, STD, and TB Administration (HAHSTA) Senior Deputy Director Greg Pappas. We discussed concerns, clarified policies, and developed a strategy to educate the community and expand access to condoms.

As first steps in this strategy, MPD issued a police “roll call” bulletin and began distributing the cards. The card explains that people have the right to carry as many condoms as they want in the District of Columbia. Further, it provides information on how to make complaints of police misconduct.

Over the past century, toxic compounds from industrial activities, stormwater pollution, and sewers have accumulated in sediment at the bottom of the river. These legacy toxins poison fish and pose a health threat to as many as 17,000 people who eat fish from the Anacostia River each year. 

Anderson reported that DDOE has started the process for cleaning up the Anacostia’s toxic sediment by launching a “remedial investigation and feasibility study.” This detailed study is required by federal law to evaluate the degree of contamination in the Anacostia’s sediment, and to identify options and costs for the clean-up. DC Appleseed recommended this approach as a way to accelerate the Anacostia River’s revitalization. 

DDOE is also implementing new rules to reduce stormwater pollution. These rules will require developments to use green infrastructure like green roofs, rain gardens, and cisterns to retain stormwater on-site—reducing the amount of polluted stormwater entering the Anacostia River.    

As we explained in our public comments on the draft rulemaking, the new rules will not only improve the Anacostia River’s health, but will also provide economic benefits to the District. Increased demand for green infrastructure will create new jobs and small business opportunities, and promote the District as a leader in sustainability. Anderson testified that rules will be finalized by July 2013, as required by a U.S. Environmental Protection Agency deadline.        

These two novel approaches to reducing pollution in the Anacostia River can serve as a national model for revitalizing urban rivers with similar problems. 

•        Saving the city money. The current process adds about three months to the local budget process, which causes cash shortages. As a result, the District must borrow additional money—and incur millions in additional interest charges.
•        Improving fiscal planning. The delay between when the Council passes the budget and when Congress enacts it undermines forecasts for revenues and expenditures. Budget autonomy would make these estimates more accurate.
•        Preventing a government shutdown. Whenever the federal government is in danger of a shut down, so is the District government. Budget autonomy would allow the local D.C. budget to go into effect even if Congress and the White House cannot agree on the federal budget.  

Why the Proposed Charter Amendment is the Right Approach

For many years, D.C. advocates have focused on gaining budget autonomy and other rights through Congress. However, these efforts have not yet produced the results that we have hoped for or that D.C. residents deserve. Despite bipartisan support for budget autonomy, Congress has been unable to pass a “clean” bill without riders that undermine the District’s Home Rule prerogatives.

We think efforts on Capitol Hill should continue, but we also think it’s important to explore all available strategies to advancing this important issue. That’s why DC Appleseed supports this new approach that looks at what the District can do now using the authority it already has under the Home Rule Act.

The benefit of the proposed Charter Amendment is that it gives D.C. residents a direct role in gaining greater democracy, and it works within the District’s authority under the Home Rule Act. Under the Home Rule Act, the Charter Amendment must be submitted to Congress after ratification. It will then automatically become law after 35 days—unless both Houses of Congress pass a disapproval resolution during that time that is subsequently signed by the President.

Some have raised concerns about the Proposed Charter Amendment. However, these should not discourage support for the referendum for several reasons:

•         No plan for greater D.C. democracy is easy. There were also doubts about the legal basis and
  political viability of the D.C. Voting Rights Act. However, that bill passed both Houses of Congress and was supported by the District because, like the referendum, it was the most viable option available at the time.
•        The referendum does not detract from congressional efforts. Former Rep. Tom Davis of Virginia testified to the Council that Congress would not overturn the proposed Charter Amendment. And Rep. Jose Serrano of New York—ranking member of the subcommittee on D.C. appropriations—lauded the measure as “democracy at its very core.”
•         The District has the authority to enact the proposed Charter Amendment. The measure has been carefully reviewed by some of the top law firms in the city and by the Council’s own general counsel. All agree that it is within the District’s authority.

Learn More

-          The Local Budget Autonomy Amendment Act

-          Ballot Language for Proposed Charter Amendment

-          DC Appleseed’s Testimony on the Local Budget Autonomy Act

-          Jon Bouker’s Testimony

-          Latham & Watkins LLP’s Testimony

-          Arent Fox LLP’s Memo on Whether the District of Columbia May Revise Its Local Budget Process Through a District Charter Referendum

-          D.C. Board of Elections Memorandum Opinion and Order: In Re: “Local Budget Autonomy Emergency Amendment Act of 2012”

-          Arent Fox LLP’s Memo on the D.C. Board of Elections Authority Regarding Placement of Proposed Charter Amendment on District Ballot

o   D.C. Board of Elections Memorandum Opinion and Order: In Re “The School Governance Charter Amendment Act of 2000”