For the purposes of this chapter, the term:

(1) “Action” means any project or activity proposed by a public utility that, if implemented, would be likely to have a significant effect on the quality of the environment. The term “action” shall include a new and continuing project or activity that is directly undertaken by a public utility or its agent or subsidiary, that would require the issuance of a lease, permit, license, certificate, or other entitlement for use or permission to act by the Commission. The term “action” shall not include:

(A) A project or activity of an administrative nature that does not involve an exercise of discretion;

(B) An enforcement proceeding;

(C) An emergency action that responds to an immediate threat to public health or safety;

(D) Maintenance or repair that does not involve a substantial change in an existing structure or facility;

(E) A normal extension of electric company service;

(F) The extension or replacement of a gas distribution facility;

(G) The extension or replacement of a telephone line as defined in § 34-221; and

(H) The installation, repair, or replacement of equipment or a device identified in § 34-206, with the exception of an electric generating facility or overhead transmission line of 69,000 volts and over.

(2) “Environment” means the physical conditions that will be affected by a proposed action, including the land, air, water, minerals, flora, fauna, objects of historic, health, or aesthetic significance, existing patterns of population concentration, distribution, or growth, and existing community or neighborhood characteristics, including traffic patterns and noise levels.

(Oct. 19, 1989, D.C. Law 8-45, § 3, 36 DCR 5779; May 21, 1994, D.C. Law 10-121, § 2, 41 DCR 1653; May 9, 2000, D.C. Law 13-107, § 206, 47 DCR 1091.)

1981 Ed., § 43-1902.

D.C. Law 13-107 substituted in par. (1)(E) the word “company” for “utility”

For temporary (225 day) amendment of section, see § of Public Utility Environmental Impact Statement Electrical Temporary Amendment Act of 1993 (D.C. Law 10-23, September 30, 1993, law notification 42 DCR 7216).