4102.1 CUSTOMER ASSISTANCE PROGRAM (CAP)

(a) Participation in the Customer Assistance Program (CAP) shall be limited to a single-family or individually-metered Residential Customer that meets the following eligibility requirements:

(1) The applicant is responsible for paying for water and sewer services and/or the Clean Rivers Impervious Surface Area Charge (CRIAC); and

(2) The Department of Energy & Environment (DOEE) has determined that the CAP applicant's annual household income meets the household income-eligibility requirements for the District's Low Income Home Energy Assistance Program (LIHEAP), below sixty percent (60%) of the State Median Income (SMI) for the District of Columbia.

(b) An approved CAP customer shall receive the following benefits:

(1) Exemption from water service charges, sewer service charges, Payment-in-Lieu of Taxes (PILOT) fees and Right-of-Way (ROW) fees for the first Four Hundred Cubic Feet (4 Ccf) per month of water used. If the customer uses less than Four Hundred Cubic Feet (4 Ccf) of water in any month, the exemption will apply based on the amount of that month's billed water usage;

(2) Credit of one hundred percent (100%) off of the monthly billed Water System Replacement Fee; and

(3) Credit of fifty percent (50%) off of the monthly billed CRIAC.

(c) Upon DC Water's receipt of notice from DOEE that the CAP applicant meets the financial eligibility requirements, DC Water shall provide the CAP discounts to the CAP customer's account from the date that DOEE accepts a completed CAP application to the end of the fiscal year in which the application was submitted.

(d) To continue receiving CAP benefits without interruptions, the CAP customer must submit a renewal

CAP application to DOEE in accordance with the Utility Discount Program renewal deadline. A CAP customer that submits their renewal CAP application after this period, and is subsequently approved by DOEE, will receive CAP benefits as of the date of the application.

4102.2 CUSTOMER ASSISTANCE PROGRAM II (CAP2)

(a) Participation in the CAP2 Program shall be limited to a single-family or individually-metered Residential Customer that meets the following eligibility requirements:

(1) The applicant maintains an active DC Water account and is responsible for paying for water and sewer services and/or the CRIAC; and

(2) DOEE has determined that the CAP2 applicant's annual household income is equal to or above the household income-eligibility limits for the District's LIHEAP, sixty percent (60%) of the SMI for the District of Columbia and below eighty percent (80%) of the Area Median Income (AMI) for the District of Columbia, not capped by the United States median low-income limit.

(b) An approved CAP customer shall receive the following benefits:

(1) Exemption from water service charges, sewer service charges, Payment-in-Lieu of Taxes (PILOT) fees and Right-of-Way (ROW) fees for the first Four Hundred Cubic Feet (4 Ccf) per month of water used. If the customer uses less than Four Hundred Cubic Feet (4 Ccf) of water in any month, the exemption will apply based on the amount of that month's billed water usage;

(2) Credit of one hundred percent (100%) off of the monthly billed Water System Replacement Fee; and

(3) Credit of seventy-five percent (75%) off of the monthly billed CRIAC.

(c) Upon DC Water's receipt of notice from DOEE that the CAP2 customer meets the financial eligibility requirements, DC Water shall provide the CAP2 benefits for not more than the entire fiscal year, beginning October 1st and terminating on September 30th, subject to the availability of budgeted funds.

(1) Approved CAP2 customers that submitted a complete application to DOEE before November 1st, shall receive CAP2 benefits

retroactive to October 1st and terminating on September 30th of that fiscal year.

(2) Approved CAP2 customers that submitted a complete application on or after November 1st, shall receive CAP2 benefits as of the date of submittal and terminating on September 30th of that fiscal year.

(3) Customers shall reapply each year for CAP2 benefits to receive CAP2 benefits. For FY 2022, customers that DOEE determined were eligible for CAP2 benefits in FY 2021 are not required to reapply to receive CAP2 benefits in FY 2022 and shall be deemed categorically eligible for CAP2 benefits in FY 2022.

(d) If DC Water determines that the remaining budgeted funds are insufficient to provide CAP2 benefits, DC Water may:

(1) Suspend the process for accepting CAP2 applicants; or

(2) Suspend or adjust providing CAP2 benefits to CAP2 recipients.

4102.3 Eligibility for the CAP and CAP2 Programs shall be determined by DOEE based on the income eligibility criteria provided in § 4102.1(a)(2) and § 4102.2(a)(2).

4102.4 DOEE CUSTOMER ASSISTANCE PROGRAM III FOR SINGLE-FAMILY AND INDIVIDUALLY METERED HOUSEHOLDS

(a) DC Water shall apply DOEE Customer Assistance Program III (CAP3) benefits to an eligible single-family or individually-metered Residential Customer's account in accordance with the following:

(1) The applicant maintains an active DC Water account and is responsible for paying for water and sewer services and/or the CRIAC;

(2) DOEE has notified DC Water that the customer has met the requirements of applicable laws and regulations and is eligible to receive the CAP3 benefits;

(3) DOEE has notified DC Water of the amount of the CAP3 benefits to be applied to the CAP3 customer's account; and

(4) DOEE has transferred funds to DC Water for the benefits applied to

the customer's account.

(b) DC Water shall stop applying CAP3 benefits to a CAP3 customer's account upon receipt of notice from DOEE that the customer is no longer eligible for the CAP3 benefits, or receipt of notice from DOEE regarding the unavailability of funds.

(c) If DC Water determines that the remaining budgeted funds are insufficient to provide CAP3 benefits, DC Water may:

(1) Suspend the process for accepting CAP3 applicants; or

(2) Suspend providing CAP3 benefits to CAP3 recipients.

4102.5 DOEE CLEAN RIVERS IMPERVIOUS SURFACE AREA CHARGE RELIEF PROGRAM FOR NONPROFIT ORGANIZATIONS

(a) DC Water shall apply DOEE CRIAC Relief Program for Nonprofit Organizations (CRIAC Nonprofit Relief Program) benefits to an eligible nonprofit organization's account in accordance with the following:

(1) The applicant maintains an active DC Water account and is responsible for paying for the CRIAC charges;

(2) DOEE has notified DC Water that the customer has met the requirements of applicable laws and regulations and is eligible to receive CRIAC Nonprofit Relief Program benefits;

(3) DOEE has notified DC Water of the amount of the benefits to be applied to the nonprofit organization's account each billing period; and

(4) DOEE has transferred funds to DC Water for the CRIAC Nonprofit Relief Program benefits applied to the customer's account.

(b) DC Water shall stop applying CRIAC Nonprofit Relief Program benefits to a customer's account upon notice from DOEE that the customer is no longer eligible for the CRIAC Nonprofit Relief Program benefits.

(c) If DC Water determines that the remaining budgeted funds are insufficient to provide CRIAC Nonprofit Relief Program benefits, DC Water may:

(1) Suspend the process for accepting CRIAC Nonprofit Relief Program applicants; or

(2) Suspend or adjust providing CRIAC Nonprofit Relief Program benefits to CRIAC Nonprofit Relief Program recipients.

4102.6 Nothing in this section shall be interpreted to mean that the benefits provided through DC Water’s CAP or CAP2 Programs or DOEE’s CAP3 or CRIAC Nonprofit Relief Programs are an entitlement, continuing or otherwise.

4102.7 For the purposes of this section, the term “SMI” means the state median income as determined on an annual basis by the U.S. Department of Health and Human Services (HHS).

4102.8 For the purposes of this section, the term “AMI” means the Area Median Income (AMI), alternately referred to as the HUD Area Median Family Income (HAMFI), determined on an annual basis by the U.S. Department of Housing and Urban Development (HUD).

4102.9 DC Water Cares Emergency Relief Program for Low-Income Residential Customers

(a) Participation in the DC Water Cares Emergency Relief Program (DC Water Cares) shall be limited to a single-family or individually metered low-income Residential Customer that meets the following eligibility requirements:

(1) The applicant maintains an active DC Water account and is responsible for paying for water and sewer services; and

(2) DOEE has determined that the applicant’s annual household income is equal to or below eighty percent (80%) of the Area Median Income (AMI) for the District of Columbia, not capped by the United States median low-income limit.

(b) An approved customer shall receive the following benefits:

(1) Credit of one hundred percent (100%) off of the past due water and sewer bill balance; and

(2) The total amount of credits provides shall not exceed Two Thousand (2,000) dollars during Fiscal Year 2022.

(c) Upon DC Water’s receipt of notice from DOEE that the applicant meets the financial eligibility requirements, DC Water shall provide the credits to the customer’s account from the date that DOEE accepts a completed application and for future qualifying events that may lead to collection activities to the end of the fiscal year in which the application was

submitted.

(d) The DC Water Cares Emergency Relief Program shall terminate on September 30, 2022.

(e) Customer that received DC Water Cares benefits in FY 2021 must submit a renewal CAP or CAP2 application to DOEE to receive DC Water Cares benefits in Fiscal Year 2022.

(f) If DC Water determines that the remaining budgeted funds are insufficient to provide DC Water Cares benefits, DC Water may:

(1) Suspend the process for accepting DC Water Cares applicants; or

(2) Suspend or adjust providing DC Water Cares benefits to eligible recipients.

4102.10 DC Water Cares: Multifamily Assistance Program (MAP).

(a) The DC Water Cares: Multifamily Assistance Program (MAP) provides up to two thousand ($2,000) per eligible unit of emergency relief to an eligible Occupant residing in a participating Multi-Family Customer's premises.

(b) For purposes of this subsection, Non-Residential Customers whose premises has four or more dwelling units, are deemed Multi-Family Customers, as defined in 21 DCMR 4104, and eligible to apply to participate in the MAP.

(c) For purposes of this subsection, the term "Occupant" includes a person that resides in a dwelling unit in an apartment, condominium, or cooperative housing association.

(d) Multi-Family Customers and their eligible Occupants may participate in the MAP by complying with the requirements in this subsection.

(e) To participate in the MAP, a Multi-Family Customer shall:

(1) Maintain an active DC Water account and be responsible for paying for water and sewer services at a Multi-Family Customer's property that is:

(A) Not owned or operated by the District of Columbia or

(B) Not owned or operated by the Federal Government.

(2) Have one or more eligible Occupant in an active lease or rental Water and Sanitation

agreement, condominium housing association deed or title, or cooperative housing association occupancy agreement or title to reside in their premises;

(3) Complete and submit a DC Water Cares: Multifamily Assistance Program Terms and Conditions Application and comply with DC Water requests for information and access to the premises as necessary to determine compliance with the MAP requirements;

(4) Upon approval to participate in the MAP, comply with all the MAP Terms and Conditions, post the MAP flier in a conspicuous location in the building or include the MAP flier in a notice or invoice to all unit Occupants to inform the Occupants about the MAP and encourage them to apply for assistance, if eligible;

(5) Upon receipt of MAP Credits, apply ninety percent (90%) of the MAP Credits to the DC Water approved eligible Occupant's account within thirty (30) days of receipt of the MAP Credit, and the remaining ten percent (10%) shall be maintain as a credit on the DC Water account;

(6) Notify the eligible Occupant in writing that the credits were applied to their account within thirty (30) days of the receipt of the MAP Credit;

(7) Enter a payment plan agreement with DC Water for any remaining arrears outstanding on the DC Water account within sixty (60) days of receipt of the first MAP Credits; and

(8) Notify DC Water within thirty (30) days of any change in ownership or the eligible Occupant's occupancy.

(f) To be eligible to participate in the MAP, an Occupant shall be (1) named on the occupancy agreement, including, but not limited to a lease or rental agreement, condominium deed or title, or cooperative housing association occupancy agreement or title, (2) reside in a Multi-Family Customer's property that is master metered and approved to participate in the MAP, and (3) meet one of the following requirements:

(1) Reside in an Affordable Housing Unit as defined in 21 DCMR § 199.1, provided the Occupant does not notify DC Water to be excluded from receiving MAP assistance within ten (10) days of receipt of notice of eligibility from DC Water; or

(2) Meet the annual household income limits equal to or below eighty percent (80%) of the Area Median Income (AMI) for the District of Columbia, not capped by the United States median low-income limit as follows:

(A) Occupant submits a Resident Application for DC Water Cares: Multifamily Assistance Program to the District of Columbia Department of Energy and Environment (DOEE) and DOEE determines that the applicant meets the annual household income requirements;

(B) Occupant that is eligible to receive Low-Income Energy Assistance Program (LIHEAP) or Utility Discount Program (UDP) assistance during Fiscal Year 2022 as determined by DOEE, shall be categorically eligible to participate in the MAP, provided they do not notify DC Water to be excluded from participating within ten (10) days of receipt of the notice of eligibility from DC Water; or

(C) Occupant that is eligible to receive assistance for public benefits programs during Fiscal Year 2022, including, but not limited to, the Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), or medical assistance programs, through Medicaid, Alliance and DC Healthy Families programs as determined by the District of Columbia Department of Human Services, shall be categorically eligible to participate in the MAP, provided they notify DC Water that they agree to participate in the MAP within ten (10) days of receipt of the notice of eligibility, but not later than September 21, 2022.

(3) Occupant is not eligible to receive MAP assistance if they:

(A) Reside in a dwelling unit that is 100% subsidized.

(g) DC Water shall notify the approved Multi-Family Customer and approved Occupant(s), setting forth the amount of the approved MAP Credits.

(h) DC Water shall apply up to two thousand dollars ($2,000) in MAP Credits per eligible unit during Fiscal Year 2022 on an approved Multi-Family Customer’s DC Water account that has one or more eligible Occupant as follows:

(1) The MAP Credits provided per eligible unit shall be calculated based on the greater of A. or B., which is then divided by the total number of dwelling units in the premises:

(A) The average of the Multi-Family Customer's DC Water charges billed from October 1, 2020 to September 30, 2021 subtracting any amount of water and sewer charges applicable to any retail/commercial units and that result is multiplied by three (3); or

(B) Total amount of the outstanding balance on the Multi-Family Customer's DC Water account as of September 30, 2021 subtracting any water and sewer charges applicable to any retail/commercial units.

(2) DC Water shall revoke the amount of the MAP Credits applied to a Multi-Family Customer's DC Water account and charge the customer's account the full amount of the MAP Credits, if one or more of the following violations is not corrected within ten (10) days of the date of the notice of violation from DC Water:

(A) Failure to comply with the MAP Terms and Conditions;

(B) Failure to enter into a payment plan agreement within sixty (60) days of the receipt of the first MAP Credits to establish a payment schedule for any remaining outstanding charges;

(C) Failure to apply the MAP Credits to the Occupant's account within thirty (30) days of receipt of the MAP Credits; or

(D) Multi-Family Customer or Occupant commits fraud or makes false statements in connection with the MAP.

(i) Multi-Family Customer that receives MAP Credits on their DC Water account shall:

(1) Apply ninety percent (90%) of the total MAP Credits for the approved Occupant on their account within thirty (30) days of the date of the notice of the amount of the Credits from DC Water, and the remaining ten percent (10%) shall be maintain as a credit on the DC Water account;

(2) Notify the approved Occupant, in a statement or separate writing, that the credit has been applied to their account within thirty (30)

days of receipt of the MAP Credits from DC Water;

(3) Notify DC Water within thirty (30) days of any change in ownership if DC Water has not applied the MAP Credits to the Multi-Family Customer's DC Water account;

(4) Notify DC Water within thirty (30) days of any change in the Occupant's occupancy if the MAP Credits have not been applied to the Occupant's account;

(5) Provide the Occupant any MAP Credits remaining in their account if the Occupant terminates their occupancy;

(6) Provide, upon DC Water's request, documentation confirming that the MAP Credits have been applied to the Occupant's account;

(7) Provide DC Water access to the premises and records to conduct an audit to determine compliance with these regulations and the MAP Terms and Conditions; and

(8) Maintain all documents related to the MAP Terms and Conditions Application, receipt and handling of MAP Credits, and notices to approved Occupant(s).

(j) The DC Water Cares MAP shall terminate September 30, 2021.

(k) Multi-Family Customer that received MAP Credits in FY 2021 must submit a renewal DC Water Cares: Multifamily Assistance Program Terms and Conditions Application to DC Water to receive MAP Credits in Fiscal Year 2022.

(l) Occupant residing in multifamily properties that received MAP Credits on their account in FY 2021 must submit a renewal Resident Application for DC Water Cares: Multifamily Assistance Program to DOEE to receiving MAP Credits in Fiscal Year 2022.

(m) If DC Water determines that budgeted funds are insufficient to provide DC Water Cares MAP Credits, DC Water may:

(1) Suspend the process for accepting DC Water Cares MAP applications; or

(2) Suspend or adjust providing DC Water Cares MAP Credits to eligible Multi-Family Customer's DC Water account.

(n) DC Water shall notify a Multi-Family Customer or Occupant if they are denied eligibility for the MAP by issuing a Notice of Denial, which shall contain a written statement of the basis for the denial and advising the Multi-Family Customer or Occupant of the following:

(1) Multi-Family Customer or Occupant may challenge the denial of eligibility to participate in the MAP by:

(A) Submitting a written Request for Reconsideration within fifteen (15) days of the date of the Notice of Denial; and

(B) Providing a statement of the basis why they should be eligible and supporting documentation.

(2) The General Manager shall review the Request for Reconsideration and make a final determination of eligibility.

(3) The Multi-Family Customer or Occupant may request an Administrative hearing in writing, within fifteen (15) days of the date of the General Manager’s written final determination, if he or she is not satisfied with the General Manager’s determination; and

(4) The Customer shall be notified in writing of the date and time of the Administrative Hearing, if requested.

SOURCE: Final Rulemaking published at 46 DCR 5945 (July 16, 1999); as amended by Final Rulemaking published at 47 DCR 320 (January 21, 2000); as amended by Final Rulemaking published at 51 DCR 5033 (May 14, 2004); as amended by Final Rulemaking published at 56 DCR 1060 (January 30, 2009); as amended by Final Rulemaking published at 57 DCR 8419, 8420 (September 17, 2010); as amended by Final Rulemaking published at 62 DCR 9798 (July 17, 2015); as amended by Final Rulemaking published at 64 DCR 2983 (March 24, 2017); as amended by Final Rulemaking published at 65 DCR 13956 (December 28, 2018); as amended by Final Rulemaking published at 66 DCR 12434 (September 20, 2019); as amended by Final Rulemaking published at 67 DCR 11100 (September 18, 2020); as amended by Final Rulemaking published at 68 DCR 5438 (May 21, 2021); as amended by Final Rulemaking published at 68 DCR 013641 (December 17, 2021).