MURIELBOWSER
MaYoR
March22,2023
TheHonorablePhilMendelson,Chairman
CounciloftheDistrictofColumbia
1350PennsylvaniaAvenue,NW
Washington,DC20004
DearChairmanMendelson:
OnbehalfoftheresidentsofWashington,DC,IampleasedtosubmittotheCounciloftheDistrictof
ColumbiamyFiscalYear2024ProposedBudgetandFinancialPlan,AFairShot.!
TheFiscalYear2024Budgetisbeingdeliveredatacriticaljunctureforourcity.Asmostofoureconomy
recoversfromthepandemic,wearerealizing,withmoreclarityandcertainty,theongoingandlong-term
impactsofteleworkonourcommercialrealestatesectorandourdowntown—theeconomicengineofDC.
ThelatestforecastsfromourChiefFinancialOfficershowacontinueddeclineinthiscrucialarea,leading
toasignificantdropinrevenuesoverthenextfouryears.Atthesametime,thehistoricinfluxoffederal
stimulusfundingisendingandwill,inlargepart,notbeavailableafterFY2024.Thesearethesobering
financialfactsweareconfronting.Wecannotmaintainthelevelofgrowthinnewgovernmentspending
thatwasspurredbytemporaryfederalstimulusfunds.Wemustalsoactwithurgencytoaddressthelong-
termhealthofoureconomybybringingbackourdowntown.
Thisbudgetreflectsmanytoughchoicesanditwasformedwithaneyetowardshowwegetthebest
‘outcomesforourresidentsatthischallengingtime.OurFY2024investmentsarestrategic,prudent,and
focusedonensuringanequitablecomebackforWashington,DC.Wearefortunatethatevenintighttimes,
theDistrictremainswell-resourcedandabletocontinuedeliveringworld-classprogramsandservices.The
FY2024FairShotBudgetfocusesonmakinginvestmentsinthesekeyareas:
*DrivingDC’scomeback,downtownrecovery,andlong-termeconomicgrowthby
maximizinginvestmentstogrowourpopulation,ourjobs,andourtaxbase.
‘TheFY2024Budgetmaintainsourinvestmentsinbusinessretention,expansion,andattraction,as
wellasexpandsincentivestoconvertmoreofficebuildingsintoresidentialunitsdowntown,We
aremakingsignificantinvestmentstoexpanddevelopmentthroughFletcherJohnson($52million)
andPoplarPoint($11million),andthebudgetincludes$25millionininfrastructureimprovements
tobringafull-servicegrocerystoretoEastCapitolGateway.
*Investinginourresidents,families,andneighborhoodsthroughprogramsthathelp
residentsgrowtheirincomes.
‘TheFY2024Budgetincludesan$8millionincreasetosupporttheHomePurchaseAssistance
Program,a$13millionincreasetohelpmoreresidentsgrowtheirincomeandavoidbenefitcliffs
throughCareerMAP,$6milliontosupportourcommercialpropertyacquisitionfund,and$1
milliontoexpandStrongFamilies,StrongFuturesandprovidemoreresidentswithdirectcash
assistance.
‘*Buildingasafer,strongerDCbyreducingcrimeandincreasingopportunities.
TheFY2024Budgetincludes$3.4milliontohelptheMetropolitanPoliceDepartment(MPD)hire
civilianstotaketheburdenoffswornofficersaswellasexpanddiversityandwellbeingandsupport
organizationalchangeefforts.Italsocontinuesa$5.4millioninvestmenttoproviderecruitment
andretentionincentivestohiremoreMPDofficers,alongwith$1.2milliontostandupanew
paramedicschooltoincreasethepipelineofEMSfirstresponders.
‘*Addressingthespectrumofmentalandbehavioralhealthneedsinthecommunitythrougha
whole-of-governmentapproachtobuildingahealthierDC.
TheFY2024Budgetalsorecognizesthespectrumofmentalandbehavioralhealthneedsinour
communityandincludes$2.5milliontoestablishafundthatwillsupporttherecruitmentofhard-
to-fillDistrictgovernmentpositions,including911calltakersandsocialworkers.Thebudgetalso
includes$9.5milliontoopenasecondsoberingcenter,$24milliontoincreasetheMedicaid
reimbursementratesforbehavioralhealthservices,and$1.7milliontostandupanewunitofcase
workerswhowillsupportresidentslivinginscattered-sitebuildings.
‘*Creatingpathwaystosuccessforstudentsbyinvestinginchildcare,outofschooltime
programming,andinourextraordinaryteacherworkforce.
TheFY2024Budgetincludes$5milliontoexpandfreeafter-schoolopportunities,specificallyfor
studentswithdisabilities.Itcreatesnewpathwaystoteachingbyestablishinga$1.6millionteacher
apprenticeshipprogram.Italsoincreaseseligibilityforthechildcaresubsidyfrom250%ofthe
federalpovertylineto300%,whichwillallowmorefamiliestoreceivethiscriticalservice.
©Gettingbacktobasicsbyimprovingcoregovernmentservicesandthecustomerexperience.
TheFY2024Budgetincludes$3.4milliontoreplaceallsupercanandrecyclingcansoverthenext
eightyears,$4.5milliontomodernizedigitalservices(includingoverhaulingtheDC.govwebsite),
and$3.5millionforimprovingcustomer-facingITservicesattheDepartmentofBuildingsandthe
DepartmentofLicensingandConsumerProtection.
ingourinvestments
bilityandresiliencyinto.thebudgetbyright
andeliminatinglow-returnprograms.
TheFY2024Budgeteliminates750vacantgovernmentpositions,fundsmostprogramsattheir
pre-pandemiclevels,andstreamlinesprogramsthatarenotgettingasignificantretumon
investment.Thesechangesbuildsustainabilityintoourlonger-termbudgeting
AsIhavesaidbefore,whenweworktogether,thereisnothingthatwecannottakeon.TheFY2024Budget
makesthenecessaryinvestmentstopromoteandsustaintheDistrict'scomebackbyunlockingthefull
potentialofourresidents,ourneighborhoods,andourbusinesses.
"Includedinthissubmissionarethe“FiscalYear2024LocalBudgetActof2023,”the“FiscalYear2024Federal
PortionBudgetRequestActof2023,”andthe“FiscalYear2024BudgetSupportActof2023.”Inaddition,Iam
submittingthefollowingaccompanyingmeasures:the“FiscalYear2023RevisedLocalBudgetEmergencyActof
2023,”the“FiscalYear2023RevisedLocalBudgetTemporaryActof2023,”andthe“FiscalYear2023Revised
LocalBudgetEmergencyDeclarationResolutionof2023.”
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attherequestoftheMayor
ANACT
INTHECOUNCILOFTHEDISTRICTOFCOLUMBIA
ToenactandamendprovisionsoflawnecessarytosupporttheFiscalYear2024budget.
TABLEOFCONTENTS
TITLEI.GOVERNMENT DIRECTIONANDSUPPORT..
SUBTITLEA.TECHNOLOGY GRANTS,PROGRAMS, ANDSECURITY
SUBTITLEB.RETURN-TO-THE-OFFICEANDTELEWORKPOLICIES,
TITLEI.ECONOMICDEVELOPMENTANDREGULATION.
SUBTITLEA.LANDPURCHASES FORAFFORDABLE HOUSING...
SUBTITLEB.DISTRICTOFCOLUMBIA LOW-INCOME HOUSINGTAX
CREDIT...
SUBTITLEC.HOMEPURCHASEASSISTANCEPROGRAM AMENDMENT.
SUBTITLED.HOUSINGPRODUCTIONTRUSTFUND..
SUBTITLEE.TAXABATEMENTSFORAFFORDABLEHOUSINGINHIGH-
NEEDAREAS
SUBTITLEF,DIRECTCASHASSISTANCEPROGRAM
SUBTITLEG.DOWNTOWN HOUS!
SUBTITLEH.CREATIVEANDOPENSPACEMODERNIZATION
SUBTITLEI.OFFICEOFPUBLIC-PRIVATEPARTNERSHIPSFU
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BUDGET ................................................................................................................................ 21
32
SUBTITLE J. TOURISM RECOVERY TAX .................................................................. 21
33
SUBTITLE K. OFFICE OF CABL E TELEVISION, FILM, MUSIC, AND 34
ENTERTAINMENT ............................................................................................................. 24
35
TITLE III. PUBLIC SAFETY AND JUSTICE ....................................................................... 25
36
SUBTITLE A. CRIMINAL INVESTIGATION FUNCTIONS ....................................... 25
37
SUBTITLE B. TRANSFER OF SAFE PASSAGE PROGRAM ...................................... 26
38
SUBTITLE C. FORENSIC SCIENCE LABORATORY REPORTING STRUCTURE 29
39
SUBTITLE D. CRIMINAL CODE REFORM COMMISSION SUNSET ..................... 31
40
SUBTITLE E. SCHOOL RESOURCE OFFICERS ......................................................... 32
41
SUBTITLE F. CONCEALED PISTO L LICENSE APPEALS ........................................ 32
42
TITLE IV. PUBLIC EDUCATION SYSTEMS ...................................................................... 36
43
SUBTITLE A. UNIFORM PER STUDENT FUNDING FORMULA ............................. 36
44
SUBTITLE B. EDUCATION TO EMPLOYMENT DATA SYSTEM ........................... 43
45
SUBTITLE C. UNIVERSAL PAID LEAVE ADMINISTRATION FUND .................... 46
46
SUBTITLE D. CHILD CARE SUBSIDIES FOR CHILDREN WITH DISABILITIES 48
47
SUBTITLE E. STATE BOARD OF EDUCATION COMPENSATION ........................ 49
48
SUBTITLE F. LIBRARY COLLECTIONS ACCOUNT ................................................ 50
49
SUBTITLE G. PUBLIC CHARTER SCHOOL TEACHER COMPENSATION 50
GRANTS ................................................................................................................................ 50
51
SUBTITLE H. CHILDREN AND YOUTH MARIJUANA EDUCATION AND 52
PREVENTION GRANTS .................................................................................................... 51
53
TITLE V. HUMAN SUPPORT SERVICES ............................................................................ 52
54
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SUBTITLE A. PUBLIC HEALTH LABO RATORY ....................................................... 52
55
SUBTITLE B. MEDICAID HOSPITAL PROVIDER REIMBURSEMENT ................ 59
56
SUBTITLE C. CHILD WEALTH BUILDING ACT ....................................................... 61
57
TITLE VI. OPERATIONS AND INFRASTRUCTURE ....................................................... 61
58
SUBTITLE A. ALCOHOLIC BEVERAGE AND CANNABIS BOARD MEMBER 59
COMPENSATION ............................................................................................................... 61
60
SUBTITLE B. DC WATER FACILITY WORK FUND ................................................. 62
61
SUBTITLE C. CRIAC ASSISTANCE FUND .................................................................. 63
62
SUBTITLE D. MOTOR VEHICLE REGISTRATION FEE .......................................... 63
63
SUBTITLE E. BUILDING ENERGY PERFORMANCE STANDARDS ..................... 64
64
SUBTITLE F. PARKING BENEFIT EQUIVALENT ..................................................... 65
65
TITLE VII. FINANCE AND REVENUE ................................................................................ 65
66
SUBTITLE A. POOLED AND MASTER CAPITAL PROJECT REALLOCATIONS67
................................................................................................................................................. 65
68
SUBTITLE B. BALLPARK FUND EXCESS REVENUE .............................................. 68
69
SUBTITLE C. DEDICATED REVENUE ADJUSTMENTS .......................................... 68
70
SUBTITLE D. FISCAL STABILIZATION RESERVE .................................................. 72
71
SUBTITLE E. DESIGNATED FUND TRANSFERS ...................................................... 72
72
SUBTITLE F. SUBJECT- TO-APPROPRIATION PROVISIONS ................................ 78
73
TITLE VIII. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE ........................ 78
74
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 75
act may be cited as the “Fiscal Year 2024 Budget Support Act of 2023”. 76
TITLE I. GOVERNMENT DIRECTION AND SUPPORT 77
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SUBTITLE A. TECHNOLOGY GRANTS , PROGRAMS , AND SECURITY 78
Sec. 1001. Short title. 79
This subtitle may be cited as the “Office of the Chief Technology Officer Amendment 80
Act of 2023”. 81
Sec. 1002. T he Office of the Chief Technology Officer Establishment Act of 1998, 82
effective March 26, 1999 (D.C. Law 12- 175; D.C. Official Code § 1- 1401 et seq.), is amended as 83
follows: 84
(a) Section 1814 (D.C. Official Code § 1- 1403) is amended as follows: 85
(1) Paragraph (1) is amended by striking the phrase “and management” and 86
inserting the phrase “management, and security” in its place. 87
(2) New paragraphs (7A), (7B), and (7C) are added to read as follows: 88
“(7A) Protect the confidentiality, integrity, and availability of the District 89
government’s information technology systems and assets; 90
“(7B) Protect the District government’s information technology systems and 91
assets, and the information on those systems and assets, from cyberattacks, breaches, theft, 92
damage, disruption, and misdirection; 93
“(7C) Detect, mitigate, defend, remediate, and respond to cybersecurity threats 94
and security vulnerabilities in the District government’s information technology systems and 95
assets;”. 96
(3) Paragraph (11) is amended by striking the phrase “services;” and inserting the 97
phrase “services, including by offering telecommunications services and infrastructure access, 98
for which the Office may charge a fee, to internet service providers and other entities;” in its 99
place. 100
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(4) The lead-in text of paragraph (12) is amended by striking the phrase 101
“paragraph (10)” and inserting the phrase “paragraph (11)” in its place. 102
(5) Paragraph (13) is amended by striking the phrase “of funding Congress 103
granted to the District under the American Rescue Plan Act of 2021, approved March 11, 2021 104
(Pub. L. No. 117- 2; 135 Stat. 4), and appropriated to the Office”. 105
(b) Section 1816 (D.C. Official Code § 1- 1405) is amended as follows: 106
(1) The lead-in language to subsection (a) is amended by striking the number “3” 107
and inserting the number “4” in its place. 108
(2) Paragraph (2) is amended by striking the phrase “; and” and inserting a 109
semicolon in its place. 110
(3) Paragraph (3) is amended by striking the period and inserting the phrase “; 111
and” in its place. 112
(4) A new paragraph (4) is added to read as follows: 113
“(4) Security Services, which shall be headed by a Chief Information Security 114
Officer, appointed by the Chief Technology Officer, and which shall be responsible for: 115
“(A) Leading the District government’s cybersecurity efforts, including 116
managing the risk of cyberattacks and breaches, and detecting, mitigating, defending, and 117
responding to cybersecurity threats and security vulnerabilities in the District government’s 118
network and systems; and 119
“(B) Establishing an information technology risk management and 120
compliance program throughout the District government that may include governance, 121
development, implementation, and management of a formal process for systems authorization 122
that includes a risk assessment, categorization of information and systems, selection and 123
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implementation of controls, assessment of controls, authorization to operate, and continuous 124
monitoring.”. 125
(c) Section 1816a (D.C. Official Code § 1- 1406) is amended to read as follows: 126
“Sec. 1816a. Jurisdiction. 127
“(a) Except as provided in subsection (b) of this section, the authority of the Office shall 128
apply to all District government agencies, including independent agencies. 129
“(b)(1) The authority of the Office under sections 1813 and 1814 shall not apply to the 130
Council, the Office of the District of Columbia Auditor, or the Office of the Attorney General. 131
“(2) Notwithstanding paragraph (1) of this subsection, the Council, the Office of 132
the District of Columbia Auditor, and the Office of the Attorney General each may enter into 133
written agreements with the Office to manage, assist, or coordinate the operations of their 134
information and communications technologies and carry out any responsibility for the Council, 135
the Office of the District of Columbia Auditor, or the Office of the Attorney General that the 136
Office may carry out for other District government agencies.”. 137
SUBTITLE B . RETURN- TO-THE-OFFICE AND TELEWORK POLICIES 138
Sec. 1011. Short title. 139
This subtitle may be cited as the “Rollback of Pandemic-Related Situational Telework 140
Arrangements and Establishment of Standards for Post-Pandemic Telework Arrangements 141
Amendment Act of 2023”. 142
Sec. 1012. The District of Columbia Government Comprehensive Merit Personnel Act of 143
1978, effective March 3, 1979 (D.C. Law 2- 139; D.C. Official Code § 1- 601.01 et seq. ), is 144
amended by adding a new section 201a to read as follows: 145
“Sec. 201a. Telework. 146
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“(a) Each agency may implement a telework policy that allows routine and situational 147
telework for its employees; provided, that: 148
“(1) Such policy: 149
“(A) Shall not allow routine telework of more than 2 days per week for an 150
employee if the employee’s regular workweek comprises 5 or more workdays; 151
“(B) Shall not allow routine telework of more than 1 day per week for an 152
employee if the employee’s regular workweek comprises 4 workdays; 153
“(C) Shall not allow any routine telework for an employee if the 154
employee’s regular workweek comprises 3 or fewer workdays; and 155
“(D) Shall not allow routine telework at a location other than the 156
employee’s home address of record or, to the extent not inconsistent with a rule promulgated 157
pursuant to subsection (i) of this section, another location approved by the personnel authority or 158
agency; and 159
“(2) Routine or situational telework by an employee under such policy shall be: 160
“(A) Subject to a written agreement between the employee and the 161
personnel authority or the employee’s agency, which agreement shall be entered into before the 162
employee engages in such telework; 163
“(B) Approved by the agency head and the employee’s direct supervisor 164
before the employee engages in such telework; and 165
“(C) Subject to rescission by the personnel authority or agency head , in 166
their sole discretion, at any time.”. 167
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“(b) A telework policy authorized by subsection (a) of this section may include such 168
additional conditions, restrictions, and requirements as the relevant personnel authority or agency 169
may impose. 170
“(c) The restrictions set forth in subsection (a)(1) of this section shall not apply to an 171
employee if routine telework for a greater number of days per week than allowed under 172
subsection (a)(1) of this section is authorized as a reasonable accommodation for the employee 173
under the Americans with Disabilities Act. 174
“(d) The Mayor may authorize a personnel authority or agency to implement a telework 175
policy that allows an employee to telework for a greater number of days per week than allowed 176
under subsection (a)(1) of this section, or is otherwise inconsistent with this section, if: 177
“(1) The Mayor determines that unusual circumstances exist that warrant an 178
authorization and that such authorization is in the public interest; 179
“(2) The Mayor determines such authorization is necessary to attract or retain an 180
employee filling, or applying to fill, a hard- to-fill position; 181
“(3) The Mayor determines that such authorization is appropriate and in the public 182
interest due to the nature of the responsibilities of the position filled by the employee; 183
“(4) The personnel authority or agency proposes, and the Mayor approves, a pilot 184
telework policy that is inconsistent with subsection (a)(1) of this section but which the Mayor 185
determines is in the public interest to explore potential modifications to the District’s telework 186
standards. 187
“(e) By October 15 of each year, each personnel authority shall submit a report to the 188
Mayor and the Council that includes the following information: 189
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“(1) The name, grade, step, position title, and salary of each employee approved 190
to engage in routine telework; 191
“(2) The total number of days each such employee is authorized to engage in 192
routine telework per workweek; 193
“(3) The total number of employees working under an approved routine telework 194
agreement; and 195
“(4) The total number of employees of the agency. 196
“(f) The Mayor may conduct periodic audits of agency telework programs for the purpose 197
of ensuring compliance with this section . 198
“(g) The Department of General Services (“DGS”) may analyze the impact of the use of 199
telework by employees of any agency on the space needs of the agency. Based on the results of 200
the analysis, DGS may reduce the amount of space allocated to the agency under a lease or other 201
arrangement and may reallocate to another agency the space made available by the reduction. 202
“(h) No personnel authority or agency head may enter into a collective bargaining 203
agreement that includes or requires a telework policy that is inconsistent with this section. 204
“(i) For the purposes of this section, the term: 205
“(1) “Agency” shall have the meaning set forth in section 301(1) and shall include 206
agencies not otherwise subject to this act, except for the Council and agencies of the legislative 207
branch of the District government. 208
“(2) “Routine telework” means a telework arrangement in which an employee is 209
authorized to telework on an ongoing basis . 210
“(3) “Situational telework” means a temporary telework arrangement in which the 211
employee is authorized to telework due to specific, temporary personal circumstances which 212
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prevent the employee from working from a District government office or worksite or for another 213
specific, temporary circumstance approved by the personnel authority. 214
“(4) “Telework” means an arrangement in which an employee performs 215
employment duties at their home or other location that is not a District government office or 216
worksite during hours that constitute their official tour of duty. 217
“(i) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 218
Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq. ), may issue 219
rules to implement the provisions of this section.”. 220
TITLE II. ECONOMIC DEVELOPMENT AND REGULATION 221
SUBTITLE A. LAND PURCHASES FOR AFFORDABLE HOUSING 222
Sec. 2001. Short title. 223
This subtitle may be cited as the “Land Purchase Partnership Program Act of 2023”. 224
Sec. 2002. Land Purchase Partnership Program. 225
(a) There is hereby authorized the Land Purchase Partnership Program (“Program”). 226
(b) Under the Program, the Mayor may acquire land on which privately-owned rental or 227
homeownership housing is located, or on which privately-owned rental or homeownership 228
housing is to be constructed, and the Mayor may thereafter enter into a ground lease of the land 229
to the owner or developer of the rental or homeownership housing, subject to subsection (c) of 230
this section. 231
(c) As a condition of any ground lease of land entered into under subsection (b) of this 232
section, the Mayor shall require that the owner of the land file a covenant in the land records of 233
the District requiring that during the term of the ground lease at least 50% of the housing units on 234
the land shall be affordable to households earning 80% of the median family income or less. 235
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(d) A lease entered into under this section shall not be subject to An Act Authorizing the 236
sale of certain real estate in the District of Columbia no longer required for public purposes, 237
approved August 5, 1939 (53 Stat. 1211; D.C. Official Code § 10- 801 et seq.). 238
(e) The Mayor may impose fees related to the administration of the Program, including 239
fees for application to, and participation in, the Program. 240
(f) For the purposes of this section, the term “median family income” means the median 241
family income for a household in the Washington Metropolitan Statistical Area as set forth in the 242
periodic calculation provided by the U.S. Department of Housing and Urban Development 243
(“HUD”), adjusted for family size, without regard to any adjustments made by HUD for the 244
purposes of the programs it administers. 245
(g) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 246
Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501 et seq.), may issue 247
rules to implement the provisions of this subtitle. 248
SUBTITLE B. DISTRICT OF COLUMBIA LOW -INCOME HOUSING TAX 249
CREDIT 250
Sec. 2011. Short title. 251
This subtitle may be cited as the “District of Columbia Low-Income Housing Tax Credit 252
Amendment Act of 2023 ”. 253
Section 2012. Chapter 48 of Title 47 of the District of Columbia Official Code is 254
amended as follows: 255
(a) Section 47-4801 is amended as follows: 256
(1) A new paragraph (5A) is added to read as follows: 257
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“(5A) “Eligible project” means a rental housing development in the District that 258
includes: 259
“(A) More than 5 housing units; and 260
“(B) Units that will be affordable to tenants at an income level no greater 261
than 80% of MFI.”. 262
(2) A new paragraph (6A) is added to read as follows: 263
“(6A) “MFI” means the median family income for a household in the Washington 264
Metropolitan Statistical Area as set forth in the periodic calculation provided by the U.S. 265
Department of Housing and Urban Development (“HUD”), adjusted for family size, without 266
regard to any adjustments made by HUD for the purposes of the programs it administers.”.267
(2) Paragraph (8) is repealed. 268
(b) Section 47- 4802 is amended as follows: 269
(1) Subsection (d) is amended to read as follows: 270
“(d) The Department may award District of Columbia low-income housing tax credits to 271
eligible projects in accordance with § 47- 4803.”. 272
(2) A new subsection (e) is added to read as follows: 273
“(e) The total credits available for the Department to award are as follows: 274
“(1) In fiscal year 2024, $7,800,000; 275
“(2) In fiscal year 2025, $8,400,000; 276
“(3) In fiscal year 2026, $8,820,000; 277
“(4) In fiscal year 2027, $9,261,000; and 278
“(5) In each subsequent fiscal year, 105% of the total credits available for award 279
in the prior fiscal year.”. 280
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(c) Section 47-4803 is amended as follows: 281
(1) Subsection (a) is amended to read as follows: 282
“(a)(1) An owner of an eligible project may be awarded a District of Columbia low-283
income housing tax credit with respect to that eligible project. The amount of the credit shall not 284
exceed 9% of the project’s qualified basis, as determined in accordance with paragraph (3) of 285
this subsection. 286
“(2) Each District of Columbia low-income housing tax credit shall be awarded 287
on a competitive basis. 288
“(3) The qualified basis of a project shall be determined pursuant to the standards 289
set forth in section 42(c) of the Internal Revenue Code of 1986, approved October 22, 1986 (100 290
Stat. 2189; 26 U.S.C. § 42(c)).”. 291
(2) Subsection (b)(1) is amended to read as follows: 292
“(1) If an owner of a project that was awarded or otherwise granted a District of 293
Columbia low-income housing tax credit transfers, sells, or assigns the credit to another 294
taxpayer, pursuant to § 47- 4806, the District of Columbia low-income housing tax credit shall 295
not be taken, pursuant to subsection (c) of this section, against taxes imposed under this 296
title unless the owner has filed with the Department, in a form determined by the Department, an 297
affidavit certifying that t he value received by the owner of the eligible project was used to ensure 298
financial feasibility of the eligible project.”. 299
(3) Subsection (d)(2) is amended by: 300
(A) Striking the phrase “An owner of a qualified project” and inserting the 301
phrase “An owner” in its place; and 302
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(B) Striking the phrase “The owner of a qualified project” and inserting 303
the phrase “The owner” in its place. 304
(4) Subsection (f)(1) is amended by: 305
(A) Striking the phrase “qualified project” and inserting the phrase 306
“eligible project” in its place; and 307
(B) Striking the phrase “qualified District of Columbia project” and 308
inserting the phrase “eligible project” in its place. 309
(d) Section 47- 4804 is amended as follows: 310
(1) Subsection (a) is amended by: 311
(A) Striking the phrase “The owner of a qualified project eligible for the” 312
and inserting the phrase “An owner of a project that claims a” in its place; 313
(B) Striking the phrase “eligibility statement” and inserting the word 314
“statement” in its place; 315
(C) Striking the phrase “with respect to the qualified project” and inserting 316
the phrase “with respect to the project” in its place; and 317
(D) Striking the phrase “with respect to such qualified project” and 318
inserting the phrase “with respect to the project” in its place. 319
(2) Subsection (b) is amended as follows: 320
(A) The existing text is designated as paragraph (1). 321
(B) A new paragraph (2) is added to read as follows: 322
“(2) This subsection shall apply to District of Columbia low-income housing tax 323
credits awarded before October 1, 2024.”. 324
(3) A new subsection (c) is added to read as follows: 325
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“(c)(1) If a project that claims a District of Columbia low-income tax credit, or the owner 326
of such a project, is found to be non- compliant pursuant to § 47- 4807, the Department may 327
recapture credits held by the project or owner or impose a fine on the owner. 328
“(2) This subsection shall apply to District of Columbia low-income housing tax 329
credits awarded on or after October 1, 2024.”. 330
(e) Section 47-4806 is amended by striking the phrase “qualified project” wherever it 331
appears and inserting the word “project” in its place. 332
(f) Section 47-4808 is amended by striking the phrase “a qualified District of Columbia 333
project” and inserting the phrase “a project” in its place. 334
(g) Section 47- 4810 is amended by striking the phrase “qualified project” and inserting 335
the word “project” in its place. 336
SUBTITLE C . HOME PURCHASE ASSISTANCE PROGRAM AMENDMENT 337
Sec. 2021. Short title. 338
This subtitle may be cited as the “Home Purchase Assistance Program Amendment Act 339
of 2023”. 340
Sec. 2022. Section 3a of the Home Purchase Assistance Fund Act of 1978, effective July 341
1, 2016 (D.C. Law 2 1-139; D.C. Official Code § 42- 2602.01) , is amended as follows: 342
(a) Subsection (a)(2) is amended by striking the phrase “no qualifying applicant shall 343
receive less than $70,000” and inserting the phrase “no qualifying applicant shall be approved to 344
receive less than $70,000” in its place. 345
(b) Subsection (e)(1)(B) is repealed . 346
SUBTITLE D . HOUSING PRODUCTION TRUST FUND 347
Sec. 2031. Short title. 348
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This subtitle may be cited as the “Housing Production Trust Fund Amendment Act of 349
2023”. 350
Sec. 2032. The Housing Production Trust Fund Act of 1989, effective March 16, 1989 351
(D.C. Law 7-202; D.C. Official Code § 42- 2801 et seq.), is amended as follows: 352
(a) Section 2 (D.C. Official Code § 42- 2801) is amended as follows: 353
(1) Paragraphs (1), (1A), and (1B) are redesignated as paragraphs (1A), (1B), and 354
(1C) respectively. 355
(2) A new paragraph (1) is added to read as follows: 356
“(1) “Affordable dwelling unit” means a dwelling that is offered for rent or for 357
sale for residential occupancy and is made available to, and affordable to, a household whose 358
income is equal to, or less than, 120% of area median income, as a result of a federal or District 359
requirement.”. 360
(3) Paragraph (5A) is redesignated as paragraph (5B). 361
(4) A new paragraph (5A) is added to read as follows: 362
“(5A) “Inclusionary unit” shall have the meaning set forth in section 101(3) of the 363
Inclusionary Zoning Implementation Amendment Act of 2006, effective March 14, 2007 (D.C. 364
Law 16-275; D.C. Official Code § 6-1041.01(3)).”. 365
(a) Section 3(b) (D.C. Official Code § 42- 2802(b)) is amended by adding a new 366
paragraph (6A) to read as follows: 367
“(6A) Funds for the purchase by the Mayor of inclusionary unit s and affordable 368
dwelling units for the purpose of reselling such units to eligible households;”. 369
(2) Subsection (c) is amended as follows: 370
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(A) Paragraph (17) is amended by striking the phrase “; and” and inserting 371
a semicolon in its place. 372
(B) Paragraph (18) is amended by striking the period at the end and 373
inserting the phrase “; and” in its place. 374
(C) A new paragraph (19) is added to read as follows: 375
“(19) Revenue received by the District from the resale by the District of 376
inclusionary units and affordable dwelling units previously purchased by the District with money 377
from the Fund.”. 378
SUBTITLE E . TAX ABATEMENTS FOR AFFORDABLE HOUSING IN HIGH -379
NEED AREAS 380
Sec. 2041. Short title. 381
This subtitle may be cited as the “Tax Abatements for Affordable Housing in High- Need 382
Areas Amendment Act of 2023”. 383
Sec. 2042. Section 47- 860 of the District of Columbia Official Code is amended as 384
follows: 385
(a) Subsection (a) is amended as follows: 386
(1) The lead-in language is amended by striking the phrase “abated for the period” 387
and inserting the phrase “abated each year by the amount certified by the Mayor for that year 388
during the period” in its place. 389
(2) Paragraph (1) is amended by striking the phrase “housing area;” and inserting 390
the phrase “housing area or, for competitive processes initiated by the Mayor pursuant to section 391
(b) of this section before January 1, 2023, is located in the Upper Northeast or Rock Creek East 392
planning areas identified in the District’s Housing Equity Report published in October 2019 or 393
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within 1,000 feet in any direction beyond the Upper Northeast or Rock Creek East planning area 394
boundaries;” in its place. 395
(b) Subsection (b) is amended as follows: 396
(1) Paragraph (2) is amended by striking the phrase “$4 million” and inserting the 397
phrase “$6 million ” in its place. 398
(2) Paragraph (3) is amended by striking the phrase “$4 million” and inserting the 399
phrase “$6 million ” in its place. 400
(c) Subsection (g)(6) is amended to read as follows: 401
“(6) “High-need affordable housing area” means the Near Northwest, Rock Creek 402
West, and Capitol Hill planning areas identified in the District's Housing Equity Report, 403
published in October 2019, plus 1,000 feet in any direction beyond any of those 3 planning area 404
boundaries.”. 405
SUBTITLE F . DIRECT CASH ASSISTANCE PROGRAM 406
Sec. 2051. Short title. 407
This subtitle may be cited as the “Direct Cash Assistance Program Amendment Act of 408
2023”. 409
Sec. 2052. Section 2032(p) of the Deputy Mayor for Planning and Economic 410
Development Limited Grant- Making Authority Act of 2012, effective September 20, 2012 (D.C. 411
Law 19-168; D.C. Official Code § 1- 328.04(p)), is amended as follows: 412
(a) Paragraph (1) is amended to read as follows: 413
“(1) Notwithstanding section 1094 of the Grant Administration Act of 2013, 414
effective December 24, 2013 (D.C. Law 20- 61; D.C. Official Code § 1-328.13) , the Deputy 415
Mayor shall have grant-making authority for the purpose of providing funds to support District-416
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based direct cash assistance programs or pilot programs that provide unrestricted cash assistance 417
directly to individuals or households and that are administered by a nonprofit organization or 418
organizations.”. 419
(b) Paragraph (2) is amended by striking the phrase “By September 30, 2022,” and 420
inserting the phrase “By September 30 of each year in which a grant is awarded pursuant to 421
paragraph (1) of this subsection,” in its place. 422
(c) Paragraph (3) is amended by striking the phrase “By December 1, 2022,” and 423
inserting the phrase “By December 1 of each year in which a grant is awarded pursuant to 424
paragraph (1) of this subsection,” in its place. 425
SUBTITLE G . DOWNTOWN HOUSING 426
Sec. 2061. Short title. 427
This subtitle may be cited as the “Housing in Downtown Abatement Amendment Act of 428
2023”. 429
Sec. 2062. Chapter 8 of Title 47 of the District of Columbia Official Code is amended as 430
follows: 431
(a) The table of contents is amended by adding a new section designation to read as 432
follows: 433
“47-860.02a. Tax abatements for housing in downtown – Exemptions.”. 434
(b) Section 47- 860.02(a) is amended as follows: 435
(1) Paragraph (2) is amended to read as follows: 436
“(2)(i) At least 8% of the housing units (“affordable housing units”) developed or 437
redeveloped on the real property are affordable to households earning 60% or less of the median 438
family income for a period of at least 20 years; or 439
20
“(ii) At least 15% of the affordable housing units developed or 440
redeveloped on the real property are affordable to households earning 80% or less of the median 441
family income for a period of at least 20 years. 442
(2) Paragraph (6) is repealed. 443
(c) A new section 47- 860.02a is added to read as follows: 444
“47-860.02a. Tax abatements for housing in downtown – Exemptions. 445
“(a) Each property for which the Mayor has approved a tax abatement under § 47-446
860.02(a)(8) shall be: 447
“(1) Exempt from the requirement to enter into a First Source Agreement; and 448
“(2) For the first 15 years after a certificate of occupancy has been issued for the 449
property, exempt from the requirements of the Tenant Opportunity to Purchase Act of 1980, 450
effective September 10, 1980 (D.C. Law 3- 86; D.C. Official Code § 42- 3404.01 et seq. ) 451
(“TOPA”). 452
“(b) Before an individual enters into a lease for a housing unit located on a property tha t 453
is exempt from TOPA under subsection (a)(2) of this section, the owner of the property shall 454
provide written notice to the individual of the property’s exemption from TOPA.”. 455
(d) Section 47- 860.03(b) is amended as follows: 456
(1) Paragraph (2) is amended by striking the phase “; and” and inserting a 457
semicolon in its place. 458
(2) Paragraph (3) is repealed. 459
(3) New paragraphs (4) and (5) are added to read as follows: 460
“(4) For Fiscal Year 2028, up to $41 million; and 461
“(5) For each succeeding fiscal year after Fiscal Year 2028, up to an amount equal 462
21
to 104% of the prior year’s cap.”. 463
SUBTITLE H . CREATIVE AND OPEN SPACE MODERNIZATION 464
Sec. 2071. Short title. 465
This subtitle may be cited as the “Creative and Open Space Modernization Amendment 466
Act of 2023”. 467
Sec. 2072. Section 47- 4665(a)(7)(A)(iii) of the District of Columbia Official Code is 468
amended to read as follows: 469
“(iii) Deriving at least 51% of its gross revenues earned in the 470
District from business operations in a sector identified as a priority industr y in the District’s 471
Economic Development Strategy, as such strategy may be updated from time to time.”. 472
SUBTITLE I . OFFICE OF PUBLIC -PRIVATE PARTNERSHIPS FUND AND 473
BUDGET 474
Sec. 2081. Short title. 475
This subtitle may be cited as the “Office of Public-Private Partnerships Fund and Budget 476
Amendment Act of 2023 ”. 477
Sec. 2082. Sections 105 and 106 of the Public -Private Partnership Act of 2014, effective 478
March 11, 2015 (D.C. Law 20- 228; D.C. Official Code §§ 2- 272.03 and 2- 272.04), are repealed. 479
SUBTITLE J. TOURISM RECOVERY TAX 480
Sec. 2091. Short title. 481
This subtitle may be cited as the “Tourism Recovery Tax Amendment Act of 2023”. 482
Sec. 2092. Title 47 of the District of Columbia Official Code is amended as follows: 483
(a) Section 47- 2002.03a is amended as follows: 484
(1) Subsection (a) is amended as follows: 485
22
(A) The existing text is designated as paragraph (1). 486
(B) The newly designated paragraph (1) is amended by striking the phrase 487
“A tax,” and inserting the phrase “Except as provided in paragraph (2) of this subsection, a tax,” 488
in its place. 489
(C) A new paragraph (2) is added to read as follows: 490
“(2) For the period of time beginning on April 1, 2023, through March 31, 2027, 491
the tax imposed by paragraph (1) of this subsection shall be at the rate of 1.3%.”. 492
(2) A new subsection (d) is added to read as follows: 493
“(d) With respect to the expenditure of any tax revenue received pursuant to subsection 494
(a)(2) of this section, Destination DC shall: 495
“(1) Comply with the requirements of section 2346 of the Small, Local, and 496
Disadvantaged Business Enterprise Development and Assistance Act of 2005, effective October 497
20, 2005 (D.C. Law 16- 33; D.C. Official Code § 2-218.46); 498
“(2) Consult with the Deputy Mayor for Planning and Economic Development, 499
the Washington Convention and Sports Authority, the Restaurant Association Metropolitan 500
Washington, and the Hotel Association of Washington, DC with respect to the intended use s of 501
any such tax revenue received; and 502
“(3) Enter into a memorandum of understanding with the Mayor regarding the use 503
of any tax revenue received pursuant to subsection (a)(2) of this section incorporating such terms 504
and conditions that are deemed appropriate by the Mayor subsequent to the consultations 505
required by paragraph (2) of this subsection.”. 506
(b) Section 47- 2202.03 is amended as follows: 507
(1) Subsection (a) is amended as follows: 508
23
(A) The existing text is designated as paragraph (1). 509
(B) The newly designated paragraph (1) is amended by striking the phrase 510
“A tax,” and inserting the phrase “Except as provided in paragraph (2) of this subsection, a tax” 511
in its place. 512
(C) A new paragraph (2) is added to read as follows: 513
“(2) For the period of time beginning on April 1, 2023, through March 31, 2027, 514
the tax imposed by paragraph (1) subsection shall be at the rate of 1.3%.”. 515
(2) A new subsection (e) is added to read as follows: 516
“(e) With respect to the expenditure of any tax revenue received pursuant to subsection 517
(a)(2) of this section, Destination DC shall: 518
“(1) Comply with the requirements of section 2346 of the Small, Local, and 519
Disadvantaged Business Enterprise Development and Assistance Act of 2005, effective October 520
20, 2005 (D.C. Law 16- 33; D.C. Official Code § 2-218.46); 521
“(2) Consult with the Deputy Mayor for Planning and Economic Development, 522
the Washington Convention and Sports Authority, the Restaurant Association Metropolitan 523
Washington, and the Hotel Association of Washington, DC with respect to the intended use s of 524
any such tax revenue received; and 525
“(3) Enter into a memorandum of understanding with the Mayor regarding the use 526
of any tax revenue received pursuant to subsection (a)(2) of this section incorporating such terms 527
and conditions that are deemed appropriate by the Mayor subsequent to the cons ultations 528
required by paragraph (2) of this subsection.”. 529
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SUBTITLE K . OFFICE OF CABLE TELEVISION, FILM, MUSIC, AND 530
ENTERTAINMENT 531
Sec. 2101. Short title. 532
This subtitle may be cited as the “Office of Cable Television, Film, Music, and 533
Entertainment Amendm ent Act of 2023”. 534
Sec. 2102. Section 201(a) of the Office of Cable Television, Film, Music, and 535
Entertainment Amendment Act of 2015, effective October 9, 2002 (D.C. Law 14- 193; D.C. 536
Official Code § 34- 1252.01(a)), is amended as follows: 537
(a) Paragraph (2) is amended to read as follows: 538
“(2) Managing and producing audio and video content for: 539
“(A) The government and educational channels; 540
“(B) Government-operated radio; and 541
“(C) Other government content distribution platforms;” 542
(b) A new paragraph (2A) is added to read as follows: 543
“(2A) Producing video and audio content for District government agencies and 544
residents;”. 545
(c) Paragraph 3 is amended as follows: 546
(1) Subparagraph (G) is amended by striking the phrase “; and” and inserting a 547
semicolon in its place. 548
(2) Subparagraph (H) is amended by striking the period at the end and inserting 549
the phrase “; and” in its place. 550
(3) A new subparagraph (I) is added to read as follows: 551
25
“(I) Implementing the plan to support, preserve, and archive go -go music 552
and its history created pursuant to section 3 of the Go-Go Official Music of the District of 553
Columbia Designation Act of 2020, effective April 11, 2020 (D.C. Law 23-71; D.C. Official 554
Code § 1-167.02).” 555
TITLE III. PUBLIC SAFETY AND JUSTICE 556
SUBTITLE A. CRIMINAL INVESTIGATION FUNCTIONS 557
Sec. 3001. Short title. 558
This subtitle may be cited as the “Criminal Investigation Functions Amendment Act of 559
2023”. 560
Sec. 3002. The Department of Forensic Sciences Establishment Act of 2011, effective 561
August 17, 2011 (D.C. Law 19-18; D.C. Official Code § 5-1501.01 et seq. ), is amended as 562
follows: 563
(a) Section 9(a)(13) (D.C. Official Code § 5-1501.08(a)(13)) is amended by striking the 564
phrase “available or to be made available” and inserting the phrase “available” in its place. 565
(b) A new section 17a is added to read as follows: 566
“Sec. 17a. Functions of MPD. 567
“ (a) Notwithstanding the provisions of this act, MPD may carry out the following 568
functions with respect to investigations and other activities under the jurisdiction of MPD and 569
with respect to investigations and other activities for which MPD has been requested to provide 570
assistance: 571
“(1) Crime scene investigations, including evidence gathering; 572
“(2) Training regarding the collection and preservation of forensic evidence; 573
“(3) Digital forensics, including computer forensics; 574
26
“(4) Firearms test fires and data entry; and 575
“(5) Forensic photography. 576
“(b) The Mayor may transfer to MPD records, equipment , and other assets of DFS 577
pertaining to th e functions listed in subsection (a) of this section. 578
Sec. 3003. Applicability. 579
Section 3002(a) shall apply as of the effective date of the Department of Forensic 580
Sciences Establishment Act of 2011, effective August 17, 2011 (D.C. Law 19- 18; D.C. Official 581
Code § 5- 1501.01 et seq. ). 582
SUBTITLE B . TRANSFER OF SAFE PASSAGE PROGRAM 583
Sec. 3011. Short title. 584
This subtitle may be cited as the “Safe Passages Implementation Amendment Act of 585
2023”. 586
Sec. 3012. The School Proximity Traffic Calming Act of 2000, effective May 23, 2000 587
(D.C. Law 13- 111; D.C. Official Code § 38- 3101 et seq.), is amended as follows: 588
(a) Section 2 (D.C. Official Code § 38- 3101) is amended as follows: 589
(1) A new paragraph (5A) is added to read as follows: 590
“(5) “DMPSJ” means the Deputy Mayor for Public Safety and Justice .”. 591
(2) Paragraph (9) is amended by striking the phrase “overseen by the DME” and 592
inserting the phrase “overseen by the DMPSJ” in its place. 593
(b) Section 2a(a) (not yet codified) is amended as follows: 594
(1) Paragraph (1) is amended by striking the phrase “within the Office of the 595
DME” and inserting the phrase “within the Office of the DMPSJ” in its place. 596
27
(2) Paragraph (2)(F) is amended by striking the phrase “with the DDOT” and 597
inserting the phrase “with the Office of the DME, DDOT” in its place. 598
(c) Section 2b (not yet codified) is amended as follows: 599
(1) Subsection (a) is amended by: 600
(A) Striking the phrase “The DME or the DME’s designee” and inserting 601
the phrase “The DMPSJ or the DMPSJ’s designee” in its place; and 602
(B) Striking the phrase “DME shall” and inserting the phrase “DMPSJ 603
shall” in its place. 604
(2) Subsection (b)(1) is amended by striking the phrase “The DME shall” and 605
inserting the phrase “The DMPSJ shall” in its place. 606
(3) Subsection (c)(2) is amended by striking the phrase “by the DME” and 607
inserting the phrase “by the DMPSJ” in its place. 608
(4) Subsection (d)(2)(B) is amended by striking the phrase “by the DME” and 609
inserting the phrase “by the DMPSJ” in its place. 610
(5) The lead-in text of subsection (e) is amended by: 611
(A) Striking the phrase “DME shall” and inserting the phrase “DMPSJ 612
shall” in its place; and 613
(B) Striking the phrase “of DME” and inserting the phrase “of DMPSJ ” in 614
its place. 615
(5) The lead-in text of subsection (f) is amended by striking the phrase “The 616
DME” both places it appears and inserting the phrase “The DMPSJ” in its place. 617
(6) Subsection (g) is amended by striking the phrase “The DME” and inserting the 618
phrase “The DMPSJ” in its place. 619
28
(d) Section 2c (not yet codified) is amended as follows: 620
(1) Subsection (a) is amended by striking the phrase “The DME” and inserting the 621
phrase “The DMPSJ” in its place. 622
(2) Subsection (b) is amended as follows: 623
(A) Paragraph (1) is amended to read as follows: 624
“(1) The DMPSJ;” 625
(B) A new paragraph (1A) is added to read as follows: 626
“(1A) The DME;” 627
(3) Subsection (c) is amended by striking the phrase “the Deputy Mayor shall post 628
on DME’s website” and inserting the phrase “the DMPSJ shall post on the Office of the 629
DMPSJ’s website” in its place. 630
(e) Section 2d(7) (not yet codified) is amended by striking the phrase “with DME” and 631
inserting the phrase “with DMPSJ, DME” in its place. 632
(f) Section 2h (c)(1)(A) (not yet codified) is amended by striking the phrase “by the 633
DME” and inserting the phrase “by the DMPSJ” in its place. 634
(g) Section 2i (not yet codified) is amended as follows: 635
(1) Subsection (b) is amended as follows: 636
(A) Paragraph (2) is amended by: 637
(i) Striking the phrase “by DME” and inserting the phrase “by 638
DMPSJ” in its place; and 639
(ii) Striking the phrase “the DME’s” and inserting the phrase “the 640
DMPSJ’s” in its place. 641
(B) Paragraph (3) is amended as follows: 642
29
(i) The lead-in text is amended by striking the phrase “by DME” 643
and inserting the phrase “by DMPSJ” in its place. 644
(ii) Subparagraph (A) is amended by striking the phrase “by DME” 645
and inserting the phrase “by DMPSJ” in its place. 646
(2) Subsection (e) is amended as follows: 647
(1) Paragraph (1) is amended by striking the phrase “DME and” and 648
inserting the phrase “The Office of the DMPSJ and” in its place. 649
(2) Paragraph (2)(E) is amended to read as follows: 650
“(E) The Office of the DME;” 651
(h) Section 2j (a) (not yet codified) is amended as follows: 652
(1) The lead-in text is amended by striking the phrase “DME shall publicly post 653
on the DME’s website” and inserting the phrase “the DMPSJ shall publicly post on the Office of 654
the DMPSJ’s website” in its place. 655
(2) Paragraph (3) is amended by: 656
(A) Striking the phrase “by DME” and inserting the phrase “by the Office 657
of the DMPSJ” in its place; and 658
(B) Striking the phrase “to DME” and inserting the phrase “to the Office 659
of the DMPSJ” in its place. 660
SUBTITLE C . FORENSIC SCIENCE LABORATORY REPORTING 661
STRUCTURE 662
Sec. 3021. Short title. 663
This subtitle may be cited as the “Forensic Science Laboratory Reporting Structure 664
Amendment Act of 2023 ”. 665
30
Sec. 3022. The Department of Forensic Sciences Establishment Act of 2011, effective 666
August 17, 2011 (D.C. Law 19- 18; D.C. Official Code § 5- 1501.01 et seq. ), is amended as 667
follows: 668
(a) Section 3(a-1) (D.C. Official Code § 5- 1501.02(a -1)) is amended by striking the 669
phrase “There is established as an independent agency within the executive branch” and inserting 670
the phrase “There is established as a subordinate agency within the executive branch” in its 671
place. 672
(b) Section 4a (not yet codified) is amended as follows: 673
(1) Subsection (a)(2) is amended by striking the phras e “deemed disapproved” 674
and inserting the phrase “deemed approved” in its place. 675
(2) Subsections (c) and (d) are repealed. 676
(c) Section 5a (not yet codified) is repealed. 677
Sec. 3023. The District of Columbia Government Comprehensive Merit Personnel Act of 678
1978, effective March 3, 1979 (D.C. Law 2- 139; D.C. Official Code § 1- 601.01 et seq. ), is 679
amended as follows: 680
(a) Section 406(b) (D.C. Official Code § 1 -604.06(b)) is amended as follows: 681
(1) Paragraph (30 ) is amended by striking the semicolon at the end and inserting 682
the phrase “; and” in its place. 683
(2) Paragraph (31) is repealed. 684
(b) Section 908 (D.C. Official Code § 1- 609.08) is amended as follows: 685
(1) Paragraph (18) is amended by striking the semicolon at the end and inserting 686
the phrase “; and” in its place. 687
31
(2) Paragraph (19) is amended by striking the phrase “; and” and inserting a 688
period in its place. 689
(3) Paragraph (20) is repealed. 690
(c) Section 1052a(g) (D.C. Official Code § 1- 610.52a(g)) is amended by adding a new 691
paragraph (1A) to read as follows: 692
“(1A) Forensic Science Laboratory;”. 693
Sec. 3024. Applicability. 694
This subtitle shall apply on the date of applicability of the Restoring Trust and Credibility 695
to Forensic Sciences Amendment Act of 2022, enacted without the Mayor’s signature on January 696
19, 2023 (D.C. Act 24- 780; 70 DCR 937). 697
SUBTITLE D . CRIMINAL CODE REFORM COMMISSION SUNSET 698
Sec. 3031. Short title. 699
This subtitle may be cited as the “Sunset of the Criminal Code Reform Commission 700
Amendment Act of 2023 ”. 701
Sec. 3032. The Criminal Code Reform Commission Establishment Act of 2016, effective 702
October 8, 2016 (D.C. Law 21- 160; D.C. Official Code § 3- 151 et seq.), is amended as follows: 703
(a) Section 3122(c)(1) (D.C. Official Code § 3- 151(c)(1)) is amended by striking the 704
phrase “for a term of 3 years” and inserting the phrase “for a term of 3 years or until the 705
Commission is dissolved pursuant to section 3127a , whichever comes first” in its place. 706
(b) Section 3125 (D.C. Official Code § 3- 154) is amended by striking the phrase 707
“annually thereafter” and inserting the phrase “annually thereafter until the Commission is 708
dissolved pursuant to section 3127a” in its place. 709
(c) A new section 3127a is added to read as follows: 710
32
“Sec. 3127a . Sunset. 711
“This part shall expire on September 30 , 2023.”. 712
SUBTITLE E . SCHOOL RESOURCE OFFICERS 713
Sec. 3041. Short title. 714
This subtitle may be cited as the “School Resource Officers Amendment Act of 2023”. 715
Sec. 3042. Section 102 of the School Safety and Security Contracting Procedures Act of 716
2004, effective April 13, 2005 (D.C. Law 15- 350; D.C. Official Code § 5- 132.02), is amended as 717
follows: 718
(a) Subsection (d) is amended to read as follows: 719
“(d) The Metropolitan Police Department shall publish on its website by the beginning of 720
each school year a description of the School Safety Division’s planned deployment of school 721
resource officers. ”. 722
(b) Subsection (e) is repealed. 723
SUBTITLE F . CONCEALED PISTOL LICENSE APPEALS 724
Sec. 3051. Short title. 725
This subtitle may be cited as the “Concealed Pistol License Appeals Amendment Act of 726
2023”. 727
Sec. 3052. Section 6 of the Office of Administrative Hearings Establishment Act of 2001, 728
effective March 6, 2002 (D.C. Law 14- 76; D.C. Official Code § 2- 1831.03), is amended as 729
follows: 730
(a) Subsection (b-2) is amended as follows: 731
(1) Paragraph (4) is repealed. 732
(2) A new paragraph (5) is added to read as follows: 733
33
“(5) Adjudicated cases pursuant to section 908 of the Firearms Control 734
Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20- 279; D.C. Official Code § 7-735
2509.08), including: 736
“(A) Any appeal pending at the Concealed Pistol Licensing Review Board 737
as of October 1, 2023; provided, that each such pending appeal shall be transferred to the Office 738
for adjudication and re-docketed in accordance with the procedures of the Office; and 739
“(B) Any motion for reconsideration of a decision issued by the Concealed 740
Pistol Licensing Review Board prior to October 1, 2023, that is pending on or filed after October 741
1, 2023; provided that: 742
(i) Each such motion filed before October 1, 2023, with the 743
Concealed Pistol Licensing Review Board shall be transferred to and adjudicated by the Office 744
of Administrative Hearings; and 745
“(ii) Each such motion filed on or after October 1, 2023, shall be 746
filed with and adjudicated by the Office of Administrative Hearings. 747
(b) A new subsection (b- 31) is added to read as follows: 748
“(b-31) This act shall apply to all adjudicated cases involving imposition of a civil fine 749
for violations of An Act To enable the blind and the otherwise physically disabled to participate 750
fully in the social and economic life of the District of Columbia, approved October 21, 1972 (86 751
Stat. 972; D.C. Official Code § 7- 1001 et seq.) (“Act”), pursuant to section 6 of the Act.”. 752
Sec. 3053. The Firearms Control Regulations Act of 1975, effective September 24, 1976 753
(D.C. Law 1-85; D.C. Official Code § 7- 2501.01 et seq.), is amended as follows: 754
34
(a) Section 902(g) (D.C. Official Code § 7- 2509.02(g)) is amended by striking the phrase 755
“Concealed Pistol Licensing Review Board established pursuant to section 908” and inserting the 756
phrase “Office of Administrative Hearings pursuant to section 908” in its place. 757
(b) Section 903(c) (D.C. Official Code § 7- 2509.03(c)) is amended by striking the phrase 758
“Concealed Pistol Licensing Review Board established pursuant to section 908” and inserting the 759
phrase “Office of Administrative Hearings pursuant to section 908” in its place. 760
(c) Section 905 (D.C. Official Code § 7- 2509.05) is amended as follows: 761
(1) Subsection (a)(4) is amended by striking the phrase “Concealed Pistol 762
Licensing Review Board established pursuant to section 908” and inserting the phrase “Office of 763
Administrative Hearings pursuant to section 908” in its place. 764
(2) Subsection (b)(3) is amended by striking the phrase “Concealed Pistol 765
Licensing Review Board” and inserting the phrase “Office of Administrative Hearings” in its 766
place. 767
(d) Section 908 (D.C. Official Code § 7- 2509.08) is amended as follows: 768
(1) The heading is amended to read as follows: 769
“Sec. 908. Concealed pistol licensing appeals.”. 770
(2) The lead-in language of subsection (a) is amended to read as follows: 771
“(a) The Office of Administrative Hearings shall hear appeals from:”. 772
(3) Subsection (b) is repealed. 773
(4) Subsection (c) is repealed. 774
(5) Subsection (d) is amended to read as follows: 775
“(d)(1) Notwithstanding any other provision of law, the procedures for appeals under this 776
section shall be governed by 1 DCMR § 1200 et seq. until such time as the Chief Administrative 777
35
Law Judge may repeal them and re-establish procedures by rule pursuant to section 8 of the 778
Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. 779
Law 14-76; D.C. Official Code § 2- 1831.05). 780
“(2) Rules adopted by the Chief Administrative Law Judge to govern the 781
procedures for appeals under this section shall include the manner and time of appeals, and that 782
the burden of production of evidence, and the burden of persuasion, shall be upon the applicant 783
or licensee that is challenging a denial of an application or renewal application or limitation or 784
revocation of a license.”. 785
(5) Subsection (e) is amended to read as follows: 786
“(e) Hearings conducted pursuant to this section shall be confidential and not open to the 787
public.”. 788
(6) Subsection (f) is repealed. 789
Sec. 3054. Section 6(e) of An Act To Control the possession sale, transfer, and use of 790
pistols and other dangerous weapons in the District of Columbia, to provide penalties, to 791
prescribes rules of evidence, and for other purposes, approved July 8, 1932 (47 Stat. 651; D.C. 792
Official Code § 22- 4506(e)), is amended by striking the phrase “Concealed Pistol Licensing 793
Review Board established pursuant to section 908 of the Firearms Control Regulations Act of 794
1975, passed on 2nd reading on December 17, 2014 (Enrolled version of Bill 20- 930)” and 795
inserting the phrase “Office of Administrative Hearings pursuant to section 908 of the Firearms 796
Control Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20- 279; D.C. Official Code 797
§ 7-2509.08)” in its place. 798
36
Sec. 3055. Section 1108(c-2)(7) of the District of Columbia Comprehensive Merit 799
Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-800
611.08(c-2)(7)), is repealed. 801
Sec. 3056. The Mayor shall provide for the orderly transfer of all records of pending and 802
adjudicated appeals of the Concealed Pistol Licensing Review Board to the Office of 803
Administrative Hearings. 804
TITLE IV. PUBLIC EDUCATION SYSTEM S 805
SUBTITLE A. UNIFORM PER STUDENT FUNDING FORMULA 806
Sec. 4001. Short title. 807
This subtitle may be cited as the “Funding for Public Schools and Public Charter Schools 808
Increase Amendment Act of 2024”. 809
Sec. 4002. The Uniform Per Student Funding Formula for Public Schools and Public 810
Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 811
38-2901 et seq. ), is amended as follows: 812
(a) Section 103(b)(1) (D.C. Official Code § 38-2902(b)(1)) is amended by striking the 813
phrase “ For Fiscal Year 2022 and 2023” and inserting the phrase “ For Fiscal Years 2022, 2023, 814
and 2024” in its place. 815
(b) Section 104(a) (D.C. Official Code § 38-2903(a)) is amended by striking the phrase 816
“$12,419 per student for Fiscal Year 2023” and inserting the phrase “$13,046 per student for 817
Fiscal Year 2024” in its place. 818
(c) Section 105 (D.C. Official Code § 38-2904) is amended by striking the tabular array 819
and inserting the following tabular array in its place: 820
37
“Grade Level Weighting Per Pupil
Allocation in FY
2024
“Pre-Kindergarten 3 1.34 $17,482
“Pre-Kindergarten 4 1.30 $16,960
“Kindergarten 1.30 $16,960
“Grades 1-5 1.00 $13,046
“Grades 6-8 1.08 $14,090
“Grades 9-12 1.22 $15,916
“Alternative program 1.52 $19,830
“Special education school 1.17 $15,264
“Adult 0.91 $11,872
”. 821
(d) Section 106(c) (D.C. Official Code § 38- 2905(c)) is amended to read as follows: 822
“(c) The supplemental allocations shall be calculated by applying weightings to the 823
foundation level as follows: 824
“Special Education Add- ons: 825
“Level/
Program
Definition Weighting Per Pupil
Allocation in FY 2024
“Level 1:
Special Education
Eight hours or less per week of specialized
services
0.97 $12,655
38
“Level 2:
Special
Education
More than 8 hours and less than or equal to
16 hours per school week of specialized services
1.20 $15,655
“Level 3:
Special Education
More than 16 hours and less than or equal to
24 hours per school week of specialized services
1.97 $25,701
“Level 4:
Special Education
More than 24 hours per week of specialized
services which may include instruction in a self-contained (dedicated) special education
school other than residential placement
3.49 $45,531
“Special
Education Compliance
Weighting provided in addition to special
education level add-on weightings on a per-
student basis for special education compliance
0.099 $1,292
“Attorney’s
Fees Supplement
Weighting provided in addition to special
education level add-on weightings on a per-
student basis for attorney’s fees
0.089 $1,161
“Residential District of Columbia Public Schools school
or public charter school that provides students with room and board in a residential setting, in addition to their instructional program
1.67 $21,787
826
“General Education Add- ons: 827
39
“Level/
Program
Definition Weighting Per Pupil
Supplemental
Allocation
FY 2024
“Elementary
ELL
Additional funding for English language
learners in grades PK3-5
0.50 $6,523
“Secondary
ELL
Additional funding for English language
learners in grades 6-12, alternative students,
adult students, and students in special education schools
0.75 $9,785
“At-risk Additional funding for students in foster care,
who are homeless, on TANF or SNAP, or behind grade level in high school
0.24 $3,131
“At-risk High
School Over-
Age Supplement
Weighting provided in addition to at-risk
weight for students who are behind grade level in high school
0.06 $783
“At-risk >
40% Concentration Supplement
Weighting provided in addition to at-risk
weight for the percentage of at -risk students
above 40% enrolled in a school where at least 40% of the student population is at-risk
0.05 $652
“At-risk >
70%
Weighting provided in addition to at-risk
weight for the percentage of at-risk students
0.05 $652
40
Concentration
Supplement
above 70% where at least 70% of the student
population is at-risk
828
“Residential Add-ons: 829
“Level/
Program
Definition Weighting Per Pupil
Allocation in
FY 2024
“Level 1:
Special Education -
Residential
Additional funding to support the after-hours
level 1 special education needs of students living in a District of Columbia Public Schools
school or public charter school that provides
students with room and board in a residential
setting
0.37 $4,827
“Level 2:
Special Education -
Residential
Additional funding to support the after-hours
level 2 special education needs of students living in a District of Columbia Public Schools school or public charter school that provides students with room and board in a residential
setting
1.34 $17,482
“Level 3:
Special
Education -
Residential
Additional funding to support the after-hours
level 3 special education needs of students living in a District of Columbia Public Schools school or public charter school that provides
2.89 $37,703
41
students with room and board in a residential
setting
“Level 4:
Special
Education -
Residential
Additional funding to support the after-hours
level 4 special education needs of limited and non- English proficient students living in a
District of Columbia Public Schools school or
public charter school that provides students with room and board in a residential setting
2.89 $37,703
“LEP/NEP -
Residential
Additional funding to support the after-hours
limited and non- English proficiency needs of
students living in a District of Columbia Public Schools school or public charter school that provides students with room and board in a residential setting
0.668 $8,715
830
“Special Education Add- ons for Students with Extended School Year (“ESY”) Indicated 831
in Their Individualized Education Programs (“IEPs”): 832
“Level/
Program
Definition Weighting Per Pupil
Allocation in FY 2024
“Special
Education Level 1 ESY
Additional funding to support the summer
school or program need for students who
0.063 $822
42
require extended school year (ESY) services in
their IEPs.
“Special
Education
Level 2 ESY
Additional funding to support the summer
school or program need for students who
require extended school year (ESY) services in their IEPs
0.227 $2,961
“Special
Education Level 3 ESY
Additional funding to support the summer
school or program need for students who require extended school year (ESY) services in their IEPs
0.491 $6,406
“Special
Education Level 4 ESY
Additional funding to support the summer
school or program need for students who require extended school year (ESY) services in their IEPs
0.491 $6,406
”. 833
(e) Section 106a (c-2)(1) (D.C. Official Code § 38-2905.01(c -2)(1) is amended by striking 834
the phrase “based on projected enrollments” and inserting the phrase “based on actual audited 835
enrollments for public charter schools and projected enrollments for DCPS schools” in its place . 836
(f) Section 106b (D.C. Official Code § 38- 2905.02) is amended as follows: 837
(1) Subsection (b) is amended to read as follows: 838
“(b) There shall be deposited into the Fund $18,164,919 in Fiscal Year 2023. Of the 839
amount deposited into the Fund in Fiscal Year 2023 , 52.62%, equivalent to $9,559,091, shall be 840
43
transferred to the DCPS and 47.38%, equivalent to $8,605,828 (“FY23 PCS Amount”), shall be 841
allocated to public charter schools pursuant to subsection (d) of this section.”. 842
(2) A new subsection (b- 1) is added to read as follows: 843
“(b-1) There shall be deposited into the Fund $19,835,082 in Fiscal Year 2024. Of the 844
amount deposited into the Fund in Fiscal Year 2024, 52.62%, equivalent to $10,437,996, shall be 845
transferred to the DCPS and 47.38%, equivalent to $9,397,086 ( “FY24 PCS Amount”), shall be 846
allocated to public charter schools pursuant to subsection (d) of this section.”. 847
(3) Subsection (c) is amended by striking the sentence “Of the amounts deposited 848
into the Fund, 52.62%, equivalent to $9,559,091, shall be transferred to the DCPS and 47.38%, 849
equivalent to $8,605,828 (“PCS Amount”), shall be allocated to public charter schools pursuant 850
to subsection (d) of this section.”. 851
(4) Subsection (d) is amended by striking the phrase “PCS Amount” and inserting 852
the phrase “FY23 PCS Amount” in its place. 853
(5) A new subsection (d- 1) is added to read as follows: 854
“(d-1) From the FY24 PCS Amount, in School Year 2023- 2024, the Mayor shall award 855
each public charter school $196.11 per enrolled pupil, which the Mayor shall pay in quarterly 856
installments throughout Fiscal Year 2024 according to the schedule and enrollment figures the 857
Mayor uses to make Formula payments pursuant to section 107b(b); provided, that the first 858
quarterly payment may be paid by October 15, 2023.”. 859
SUBTITLE B . EDUCATION TO EMPLOYMENT DATA SYSTEM 860
Sec. 4011. Short title . 861
This title may be cited as the “Education to Employment Data System Act of 2023”. 862
44
Sec. 4012. Section 202 of the Department of Education Establishment Act of 2007, 863
effective June 12. 2007 (D.C. Law 17- 9; D.C. Official Code § 38- 191), is amended by adding 864
new subsections (b- 1) and (b-2) to read as follows . 865
“(b-1)(1) The Deputy Mayor for Education may implement a centralized data system to 866
collect, analyze, and publish data on how and how well the District’s education and workforce -867
related programs, and the agencies and entities implementing those programs, are serving 868
District residents throughout their lifetimes, with the goal of enabling the linkage, management, 869
and monitoring of information on individuals’ progress through education, workforce training, 870
and employment. 871
“(2) Each agency of the District government, including independent agencies, 872
shall cooperate with the Deputy Mayor for Education in the implementation of the centralized 873
data system, including by sharing k- 12 education data, higher education data, adult education 874
data, and workforce data with the Deputy Mayor for Education to the maximum extent allowed 875
by federal law and notwithstanding the provisions of any District law otherwise limiting the 876
sharing of such information. 877
“(3) For the purposes of this subsection, the term: 878
(A) “Education data” means data relating to individual and aggregate 879
student performance, including, as applicable: 880
“(i) Student progress information, including enrollment, retention, 881
attendance, credit hours earned, graduation status, graduation rate, and time to degree; 882
“(ii) Academic performance data, including grade point average, 883
state assessment results, major selected, courses taken, and degree earned; 884
45
“(iii) Financial aid status, including amount and type of financial 885
aid awarded; 886
“(iv) College and career preparedness data, including: 887
“(I) Participation in career and technical education, work-888
based learning programs, early college, and dual enrollment programs; and 889
“(II) Free Application for Federal Student Aid completion 890
status; and 891
“(v) Student demographics and data by special population statuses, 892
including status as: 893
“(I) Eligible for English learner and special education 894
services; 895
“(II) A recipient of assistance under the Supplemental 896
Nutrition Assistance Program, Temporary Assistance for Needy Families program, or Pell 897
grants; 898
“(III) Under the legal responsibility of a foster care agency 899
or court; and 900
“(IV) Experiencing homelessness. 901
“(B) “Workforce data” means data relating to participation in workforce 902
programs and workforce outcomes, including: 903
“(i) Employment information, including type of employment, 904
employer name, location of employment, wage, number of hours worked, and length of 905
employment; 906
46
“(ii) Employment- related benefits data and status, including 907
unemployment status and data; and 908
“(iii) Workforce program participation data, including program 909
enrollment, program completion status, and credentials earned. 910
“(C) “Workforce program” includes apprenticeship programs, subsidized 911
employment programs, occupational skills training, on- the-job training, internships, and job 912
readiness programs.”. 913
“(b-2) The Department of Education shall be considered an authorized representative of 914
the Office of the State Superintendent of Education and the Higher Education Licensure 915
Commission under applicable federal, District, and state statutes for the purpose of accessing and 916
compiling student record data for research purposes.”. 917
Sec. 4013. Section 13(f) (3) of the District of Columbia Unemployment Compensation 918
Act, approved August 28, 1935 (49 Stat. 946; D.C. Official Code § 51- 113(f)(3)), is amended by 919
striking the phrase “system of public employment offices” and inserting the phrase “system of 920
public employment offices or with responsibility or authority for the evaluation of workforce or 921
education programs” in its place. 922
SUBTITLE C . UNIVERSAL PAID LEAVE ADMINISTRATI ON FUND 923
Sec. 4021. Short title. 924
This subtitle may be cited as the “Universal Paid Leave Implementation Fund 925
Amendment Act of 2023”. 926
Sec. 4022. The Universal Paid Leave Implementation Fund Act of 2016, effective 927
October 8, 2016 (D.C. Law 21- 160; D.C. Official Code § 32- 551.01 et seq. ), is amended as 928
follows: 929
47
(a) Section 1152 (D.C. Official C ode § 32- 551.01) is amended as follows: 930
(1) Subsection (b)(2) is amended as follows: 931
(A) The lead-in language is amended by striking the phrase “Fund the” 932
and inserting the phrase “Fund each fiscal year the” in its place. 933
(B) Paragraph (A) is amended by striking the phrase “No more than 8.75% 934
of money in the Fund” and inserting the phrase “No more than 15% of money deposited in the 935
Fund” in its place. 936
(C) Paragraph (B) is amended by striking the phrase “money in the Fund” 937
and inserting the phrase “money deposited in the Fund” in its place. 938
(D) Paragraph (C) is amended by striking the phrase “money in the Fund” 939
and inserting the phrase “money deposited in the Fund” in its place. 940
(2) A new subsection ( b-1) is added to read as follows: 941
“(b-1) For the purposes of subsection (b) of this section, the phrase “money deposited in 942
the Fund” means the amount of revenue that the Chief Financial Officer estimates will be 943
deposited in the Fund, as indicated in the certification provided by the Chief Financial Officer 944
pursuant to section 104a(b) of the Universal Paid Leave Amendment Act of 2016, effective 945
November 13, 2021 (D.C. Law 24- 45; D.C. Official Code § 32- 541.04a(b)), during the fiscal 946
year in which the money in the Fund will be used to Fund the Universal Paid Leave 947
Administration Fund.”. 948
(b) Section 1152(c) (D.C. Official C ode § 32- 551.02(c)) is amended by striking the 949
phrase “provided, that no more than 6% of the money appropriated annually for administration 950
may be used for public education;”. 951
48
SUBTITLE D . CHILD CARE SUBSIDIES FOR CHILDREN WITH 952
DISABILITIES 953
Sec. 4031. Short title. 954
This subtitle may be cited as the “Enhancing Child Care Access for Children with 955
Disabilities Act of 2023”. 956
Sec. 4032. Section 3 of the Day Care Policy Act of 1979, effective September 19, 1979 957
(D.C. Law 3- 16; D.C. Official Code § 4- 402(a)) is amended as follows: 958
(a) Subsection (a) is amended as follows: 959
(1) Paragraph (5) is amended by striking the period at the end and inserting the 960
phrase “; and” in its place . 961
(2) A new paragraph (6) is added to read as follows: 962
“(6) Provide a program which supports the child care needs of children with 963
disabilities and their families.”. 964
(b) A new subsection (b- 1) is added to read as follows: 965
“(b-1) The Department is further authorized to: 966
“(1) Make grants, as authorized by section 7g(c)(5) of the State Education Office 967
Establishment Act of 2000, effective March 10, 2015 (D.C. Law 20- 196; D.C. Official Code § 968
38-2613(c)(5)), to child development facilities to support the costs of maintaining dedicated slots 969
for infants, toddlers, and school-aged children with disabilities; and 970
“(2) Establish a referral program to place children with disabilities in dedicated 971
grant-funded slots.”. 972
49
Sec. 4033. Section 7g(c) of t he State Education Office Establishment Act of 2000, 973
effective March 10, 2015 (D.C. Law 20- 196; D.C. Official Code § 38- 2613(c)), is amended as 974
follows: 975
(a) Paragraph (3)(C) is amended by striking the phrase “; and” and inserting a semicolon 976
in its place. 977
(b) Paragraph (4) is amended by striking the period at the end and inserting the phrase “; 978
and” in its place. 979
(c) A new paragraph (5) is added to read as follows: 980
“(5) Make grants to child development facilities to support the costs of 981
maintaining dedicated slots for infants, toddlers, and school-aged children with disabilities and to 982
implement a referral program to place children with disabilities in dedicated grant -funded slots.”. 983
SUBTITLE E . STATE BOARD OF EDUCATION COMPENSATION 984
Sec. 4041. Short title . 985
This subtitle may be cited as the “State Board of Education Compensation Amendment 986
Act of 2023”. 987
Sec. 4042. Section 1110 of the District of Columbia Go vernment Comprehensive Merit 988
Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2- 139; D.C. Official Code § 1-989
611.10), is amended to read as follows: 990
“Sec. 1110. Compensation — Members of the State Board of Education. 991
992
“(a) Notwithstanding any other provision of law, each member of the State Board of 993
Education shall, in 2024, receive an annual salary of $20,000; except, the President of the Board 994
of Education shall, in 2024, receive an annual salary of $21,000. In each subsequent year, the 995
50
annual salary of each member and the President of the State Board of Education shall be 996
increased by a percentage equal to the percentage by which the consumer price index increased 997
in the prior calendar year. 998
“(b) The salaries of the members and President of the State Board of Education shall not 999
be subject to step increases or any other increase not provided for by this section. 1000
“(c) For the purposes of this section, the term “consumer price index” means the 1001
Consumer Price Index for All Urban Consumers (index for all items in the Washington -1002
Arlington- Alexandria area), or its successor.”. 1003
Sec. 4043. Applicability. 1004
This subtitle shall apply as of January 1, 2024. 1005
SUBTITLE F . LIBRARY COLLECTIONS ACCOUNT 1006
Sec. 4051. Short title. 1007
This subtitle may be cited as the “Library Collections Account Amendment Act of 2023”. 1008
Sec. 4052. Section 14(b) of An Act To establish and provide for the maintenance of a free 1009
public library and reading room in the District of Columbia, effective September 20, 2012 ( D.C. 1010
Law 19-168; D.C. Official Code § 39-114(b)), is amended by striking the phrase “Public 1011
Library” and inserting the phrase “Public Library, and to support the procurement , processing, 1012
and cataloging of library materials ” in its place. 1013
SUBTITLE G . PUBLIC CHARTER SCHOOL TEACHER COMPENSATION 1014
GRANTS 1015
Sec. 4061. Short title. 1016
This subtitle may be cited as the “Public Charter School Teacher Compensation Grants 1017
Amendment Act of 2023 ”. 1018
51
Sec. 4062. Section 3(b) of the State Education Office Establishment Act of 2000, 1019
effective October 21, 2000 (D.C. Law 13- 176; D.C. Official Code § 38- 2602(b)), is amended by 1020
adding a new paragraph (18A) to read as follows: 1021
“(18A) Have the authority to issue grants to public charter schools for the 1022
provision of direct compensation payments to teachers employed by the public charter school 1023
after September 30, 2023, to support the recruitment and retention of teachers by the public 1024
charter school;”. 1025
SUBTITLE H . CHILDREN AND YOUTH MARIJUANA EDUCATION AND 1026
PREVENTION GRANTS 1027
Sec. 4071. Short title. 1028
This subtitle may be cited as the “Children and Youth Marijuana Education Grants 1029
Amendment Act of 2023 ”. 1030
Sec. 4072. Section 3(b) of the State Education Office Establishment Act of 2000, 1031
effective October 21, 2000 (D.C. Law 13- 176; D.C. Official Code § 38- 2602(b)), is amended as 1032
follows: 1033
(a) Paragraph (31C) is amended by striking the phrase “; and” and inserting a semicolon 1034
in its place. 1035
(b) Paragraph (32) is amended by striking the period at the end and inserting the phrase “; 1036
and” in its place. 1037
(c) A new paragraph (33) is added to read as follows: 1038
“(33) Issue grants to local education agencies and non-profit organizations to 1039
provide education to children and youth on the impacts and risks of marijuana use and to support 1040
marijuana use prevention and intervention programs .”. 1041
52
TITLE V. HUMAN SUPPORT SERVICES 1042
SUBTITLE A. PUBLIC HEALTH LABORATORY 1043
Sec. 5001. Short title. 1044
This subtitle may be cited as the “Public Health Laboratory Act of 2023”. 1045
Sec. 5002. Establishment of Public Health Laboratory within the Department of Health. 1046
(a) There is hereby established within the Department of Health the Public Health 1047
Laboratory. 1048
(b) The Public Health Laboratory shall provide public health laboratory services for the 1049
District of Columbia, including services in the following functional areas: 1050
(1) Disease prevention, control, and surveillance: 1051
(2) Public health preparedness and response; 1052
(3) Food safety and surveillance; 1053
(4) Reference and specialized testing; 1054
(5) Monitoring and detection of health threats: 1055
(6) Clinical diagnostic testing; 1056
(7) Environmental testing; 1057
(8) Other services to monitor and detect health threats; and 1058
(9) Public health related research. 1059
(b) The Department may provide public health laboratory services to the federal 1060
government, state and local jurisdictions, academic institutions, nonprofit organizations, and 1061
hospitals and other health -related entities. 1062
Sec. 3003. Fees. 1063
53
The Mayor may establish fees, pursuant to section 3004, for the provision of services by 1064
the Public H ealth L aboratory and may impose charges for reasonable costs related to expert 1065
witness testimony provided by employees of the Public Health Laboratory, including the cost of 1066
any preparation, travel, and related administrative functions. 1067
Sec. 3004. Rules. 1068
The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, 1069
approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2- 501 et seq.), may issue rules 1070
to implement this subtitle. 1071
Sec. 3005. Transfer of public health laboratory services and functions from the 1072
Department of Forensic Sciences. 1073
The Mayor shall provide for the orderly transfer to the Department of Health of all of the 1074
authority, responsibilities, duties, assets, and functions of the Department of Forensic Sciences 1075
pertaining to public health laboratory services and functions by October 1, 2023. 1076
Sec. 3006. Continuity of rules and regulations. 1077
Rules and regulations relating to a function which is transferred by this subtitle to the 1078
Department of Health, and any Mayor’s order or administrative order not in conflict with this 1079
subtitle and relating to a function transferred by this subtitle , shall continue in force until such 1080
time as new rules, regulations, or orders governing the subject thereof are issued. 1081
Sec. 3007. Conforming amendments. 1082
(a) The Department of Forensic Sciences Establishment Act of 2011, effective August 17, 1083
2011 (D.C. Law 19- 18; D.C. Official Code § 5- 1501.01 et seq.), is amended as follows: 1084
(1) Section 2 (D.C. Official Code § 5- 1501.01) is amended as follows: 1085
54
(A) Paragraph (3) is amended by striking the phrase “Forensic Sciences 1086
and Public Health Laboratory” and inserting the phrase “Forensic Sciences Laboratory” in its 1087
place. 1088
(B) Paragraph (4A) is amended by striking the phrase “Forensic Sciences 1089
and Public Health Laboratory” and inserting the phrase “Forensic Sciences Laboratory” in its 1090
place. 1091
(C) Paragraph (6) is repealed. 1092
(2) Section 3 (D.C. Official Code § 5- 1501.02) is amended as follows: 1093
(A) The section heading is amended by striking the phrase “Forensic 1094
Sciences and Public Health Laboratory” and inserting the phrase “Forensic Sciences Laboratory” 1095
in its place. 1096
(B) Subsection (a-1) is amended by striking the phrase “Forensic Sciences 1097
and Public Health Laboratory” and inserting the phrase “Forensic Sciences Laboratory” in its 1098
place. 1099
(C) The lead-in language of section 3(b) (D.C. Official Code § 5-1100
1501.02(b)) is am ended by striking the phrase “forensic science services and public health 1101
laboratory services” and inserting the phrase “forensic science services” in its place. 1102
(3) Section 5(a)(4) (D.C. Official Code § 5- 1501.04(a)(4)) is amended by striking 1103
the phrase “forensic science services and public health laboratory services” and inserting the 1104
phrase “forensic science services” in its place. 1105
(4) The section heading of section 5a is amended by striking the phrase “Forensic 1106
Sciences and Public Health Laboratory” and inserting the phrase “Forensic Sciences Laboratory” 1107
in its place. 1108
55
(5) Section 7(c -1), (c-2), and (c-3) (D.C. Official Code § 5- 1501.06(c -1), (c-2), 1109
and (c-3)) are repealed. 1110
(6) Section 7a (D.C. Official Code § 5- 1501.06a) is amended as follows: 1111
(A) Subsection (a) is amended by striking the phrase “Forensic Sciences 1112
and Public Health Laboratory” and inserting the phrase “Forensic Sciences Laboratory” in its 1113
place. 1114
(B) Subsection (b) is amended to read as follows: 1115
“(b) Fees collected for forensic science services provided by the Department shall be 1116
deposited into the Fund.”. 1117
(7) Section 9 (D.C. Official Code § 5- 1501.08) is amended as follows: 1118
(A) Subsection (a-1) is repealed. 1119
(B) Subsection (b) is amended by striking the phrase “ subsections (a) and 1120
(a-1)” and inserting the phrase “subsection (a)” in its place. 1121
(8) The lead-in language of section 11(a) (D.C. Official Code § 5- 1501.10(a)) is 1122
amended by striking the phrase “forensic science services and public health laboratory services” 1123
and inserting the phrase “forensic science services” in its place. 1124
(9) Section 12(a-1) (D.C. Official Code § 5- 1501.10(a -1)) is amended as follows: 1125
(A) Paragraph (1) is amended by striking the phrase “forensic science 1126
discipline or public health laboratory” and inserting the phrase “forensic science discipline” in its 1127
place. 1128
(B) Paragraph (3) is amended by striking the semicolon at the end and 1129
inserting the phrase “; and” in its place. 1130
56
(C) Paragraph (4) is amended by striking the semicolon at the end and 1131
inserting a period in its place. 1132
(D) Paragraphs (5) and (6) are repealed. 1133
(10) Section 13 (D.C. Official Code § 5- 1501.12) is amended as follows: 1134
(A) Paragraph (1) is amended by striking the phrase “forensic science 1135
services or public health laboratory services” and inserting the phrase “forensic science services” 1136
in its place. 1137
(B) Paragraph (4A) is amended by striking the phrase “forensic science 1138
services and public health laboratory services” and inserting the phrase “forensic science 1139
services” in its place. 1140
(C) Paragraph (5) is amended by striking the phrase “the Department, 1141
forensic sciences services, or public health laboratory services” and inserting the phrase “the 1142
Department or forensic science services” in its place. 1143
(11) Section 13a(a) (not yet codified) is amended as follows: 1144
(A) Paragraph (1) is amended by striking the phrase “forensic science 1145
services or public health laboratory services” and inserting the phrase “forensic science services” 1146
in its place. 1147
(B) Paragraph (2) is amended by striking the phrase “forensic science 1148
services or public health laboratory services” and inserting the phrase “forensic science services” 1149
in its place. 1150
(12) Section 14(a)(11) (D.C. Official Code § 5- 1501.14) is amended by striking 1151
the phrase “forensic science services or public health laboratory services” and inserting the 1152
phrase “forensic science services” in its place. 1153
57
(13) Section 15 (D.C. Official Code § 5- 1501.14) is amended as follows: 1154
(A) Paragraph (1)(A) is amended by striking the phrase “ forensic science 1155
services or public health laboratory services” and inserting the phrase “forensic science services” 1156
in its place. 1157
(B) Paragraph (2) is amended by striking the phrase “the Department, 1158
forensic sciences services, or public health laboratory services” and inserting the phrase “the 1159
Department or forensic science services” in its place. 1160
(14) Section 16(a)(1)(A) (D.C. Official Code § 5 -1501.15(a)(1)(A)) is amended 1161
by striking the phrase “forensic science services and public health laboratory services” and 1162
inserting the phrase “forensic science services” in its place. 1163
(b) Section 2(f)(48) of the Confirmation Act of 1978, effective May 3, 1979 (D.C. Law 2-1164
142; D.C. Official Code § 1- 523.01(f)(48)) is amended by striking the phrase “ Forensic Sciences 1165
and Public Health Laboratory” and inserting the phrase “Forensic Sciences Laboratory” in its 1166
place. 1167
(c) The District of Columbia Government Comprehensive Merit Personnel Act of 1978, 1168
effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1- 601.01 et seq. ), is amended as 1169
follows: 1170
(1) Section 406(b)(31) (D.C. Official Code § 1- 604.06(b)(31)) is amended by 1171
striking the phrase “Forensic Sciences and Public Health Laboratory” both places it appears and 1172
inserting the phrase “Forensic Sciences Laboratory” in its place. 1173
(2) Section 908(20) (D.C. Official Code § 1- 609.08(20)) is amended by striking 1174
the phrase “Forensic Sciences and Public Health Laboratory” and inserting the phrase “Forensic 1175
Sciences Laboratory” in its place. 1176
58
(d) Section 101(10) of the Address Confidentiality Act of 2018, effective July 3, 2018 1177
(D.C. Law 22- 118; D.C. Official Code § 4- 555.01(10)), is amended by striking the phrase 1178
“Forensic Sciences and Public Health Laboratory” and inserting the phrase “Forensic Sciences 1179
Laboratory” in its place. 1180
(e) Section 201(6A) of the Sexual Assault Victim’s Rights Act of 2014, effective 1181
November 20, 2014 (D.C. Law 20- 139; D.C. Official Code § 4- 561.01(6A) ), is amended by 1182
striking the phrase “Forensic Sciences and Public Health Laboratory” and inserting the phrase 1183
“Forensic Sciences Laboratory” in its place. 1184
(f) Section 2(f) of the Retired Police Officer Redeployment Amendment Act of 1992, 1185
effective September 29, 1992 (D.C. Law 9- 163; D.C. Official Code § 5- 761(f)), is amended by 1186
striking the phrase “Forensic Sciences and Public Health Laboratory” and inserting the phrase 1187
“Forensic Sciences Laboratory” in its place. 1188
(g) Section 1013(a)(1)(J) of the Firearms Control Regulations Act of 1975, effective 1189
April 27, 2021 (D.C. Law 23- 274; D.C. Official Code § 7- 2510.13(a)(1)(J)), is amended by 1190
striking the phrase “Forensic Sciences and Public Health Laboratory” and inserting the phrase 1191
“Forensic Sciences Laboratory” in its place. 1192
(h) Section 23- 1910(b)(3) of the District of Columbia Official Code is amended by by 1193
striking the phrase “Forensic Sciences and Public Health Laboratory” both times it appears and 1194
inserting the phrase “Forensic Sciences Laboratory” in its place. 1195
Sec. 3008. Applicability. 1196
Section 3007(a)(1)(A) and (B), (a)(2)(A) and (B), (a)(4), (a)(6)(A), (b), (c), (d), (e), (f), 1197
(g), and (h) shall apply on the date of applicability of the Restoring Trust and Credibility to 1198
59
Forensic Sciences Amendment Act of 2022, enacted without the Mayor’s signature on January 1199
19, 2023 (D.C. Act 24- 780; 70 DCR 937). 1200
SUBTITLE B . MEDICAID HOSPITAL PROVIDER REIMBURSEMENT 1201
Sec. 3011. Short title. 1202
This subtitle may be cited as the “ Medicaid Hospital Provider Reimbursement Act of 1203
2023”. 1204
Sec. 3012. Definitions 1205
For the purposes of this subtitle, the term: 1206
(1) “Department” means the Department of Health Care Finance. 1207
(2) “Hospital” shall have the same meaning as provided in section 2(a)(1) of the 1208
Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1209
1983, effective February 24, 1984 (D.C. Law 5- 48; D.C. Official Code § 44 -501(a)(1)), except as 1210
provided in subparagraph (B) of this paragraph. 1211
(B) The term “hospital” shall not include: 1212
(i) Any hospital operated by the federal government; 1213
(ii) Any specialty hospital, as defined by the State Plan; 1214
(iii) Any hospital that is reimbursed under a specialty hospital 1215
reimbursement methodology under the State Plan; or 1216
(iv) Any hospital that serves an economically underserved area, as 1217
defined in the State Plan or as defined by the Department in the managed care directed payment 1218
proposal. 1219
(3) ”Medicaid” means the medical assistance programs authorized by Title XIX 1220
of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq .) 1221
60
(“Social Security Act”), and by section 1 of An Act To enable the District of Columbia to receive 1222
Federal financial assistance under title XIX of the Social Security Act for a medical assistance 1223
program, and for other purposes, approved December 27, 1967 (81 Stat. 744; D.C. Official Code 1224
§§ 1-307.02) ), and administered by the Department. 1225
(4) “State Plan” means the District’s Medicaid State Plan. 1226
Sec. 3013. Medicaid hospital provider reimbursement. 1227
(a) Effective October 1, 2023, the Department shall fund capitation rates for each 1228
managed care organization at a level that ensures: 1229
(1) Minimum outpatient hospital reimbursement at a level that is in accordance 1230
with the Medicaid Hospital Outpatient Supplemental Payment Act of 2017, effective December 1231
13, 2017 (D.C. Law 22- 33; D.C. Official Code § 44- 664.03); 1232
(2) Minimum inpatient hospital reimbursement at a level that is in accordance 1233
with the Medicaid Hospital Inpatient Rate Supplement Act of 2017, effective December 13, 2017 1234
(D.C. Law 22- 33; D.C. Official Code § 44- 664.13 et seq.); 1235
(3) Maximum outpatient hospital reimbursement of 110% of the fee-for-service 1236
rate methodology set forth in the State Plan; and 1237
(4) Maximum inpatient hospital reimbursement equal to the negotiated managed 1238
care hospital rates that were in effect on March 31, 2023 for the managed care organization for 1239
inpatient hospital services. 1240
(b) If necessary to ensure federal concurrence with the provisions of this section, the 1241
Department shall, by September 30, 2023, submit a managed care directed payment proposal to 1242
the Center for Medicare and Medicaid Services. 1243
Sec. 3014. Annual hospital costs reporting. 1244
61
By December 31, 2023, and by December 31 of each year thereafter, the Department 1245
shall publish on its website a report on District all- payer hospital costs. 1246
SUBTITLE C. CHILD WEALTH BUILDING ACT 1247
Sec. 3021. Short title. 1248
This subtitle may be cited as the “Child Wealth Building Amendment Act of 2023”. 1249
Sec. 3022. The Child Wealth Building Act of 2021, effective February 18, 2022 (D.C. 1250
Law 24-53; D.C. Official Code § 4-681.01 et seq. ), is amended by adding a new section 10a to 1251
read as follows: 1252
Sec. 10a. Applicability. 1253
“(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved 1254
budget and financial plan. 1255
“ (b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect 1256
in an approved budget and financial plan and provide notice to the Budget Director of the 1257
Council of the certification. 1258
“(c)(1) The Budget Director shall cause the notice of the certification to be published in 1259
the District of Columbia Register. 1260
“(2) The date of publication of the notice of the certification shall not affect the 1261
applicability of this act.”. 1262
TITLE VI. OPERATIONS AND INFRASTRUCTURE 1263
SUBTITLE A. ALCOHOLIC BEVERAGE AND CANNABIS BOARD MEMBER 1264
COMPENSATION 1265
Sec. 6001. Short title. 1266
62
This subtitle may be cited as the “Alcoholic Beverage and Cannabis Board Stipend 1267
Amendment Act of 2023”. 1268
Sec. 6002. Section 1108(c -1)(8) of the District of Columbia Government Comprehensive 1269
Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2- 139; D.C. Official Code § 1-1270
611.08(c-1)(8)), is amended to read as follows: 1271
“(8) Alcoholic Beverage and Cannabis Board members shall be entitled to: 1272
“(A) Compensation at the hourly rate of $50 for time spent in performance 1273
of duties at meetings, not to exceed $18,000 for each board member per year; and 1274
“(B) A stipend of $250 per week for their service on the board, except for 1275
the Chairperson, who shall be entitled to a stipend of $350 per week.”. 1276
SUBTITLE B . DC WATER FACILITY WORK FUND 1277
Sec. 6011. Short title. 1278
This subtitle may be cited as the “ DC Water Facility Work Fund Amendment Act of 1279
2023”. 1280
Sec. 6012. The Department of Transportation Establishment Act of 2002, effective May 1281
21, 2002 (D.C. Law 14– 137; D.C. Official Code § 50- 921.01 et seq. ), is amended by adding a 1282
new section 9r to read as follows: 1283
“Sec. 9r. DC Water Facility Work Fund. 1284
“(a) There is established as a special fund the DC Water Facility Work Fund (“Fund”), 1285
which shall be administered by the Mayor in accordance with subsection (c) of this section. 1286
“(b) All revenue received by the District government from the District of Columbia 1287
Water and Sewer Authority pursuant to the Memorandum of Agreement between the District 1288
63
Department of Transportation and the District of Columbia Water a nd Sewer Authority, dated 1289
October 4, 2002 (“Agreement”) , shall be deposited in the Fund. 1290
“(c) Money in the Fund shall be used to pay for or reimburse costs incurred by the 1291
District government for the design, construction, inspection, and administration of DC Water 1292
facility work covered by the Agreement. 1293
“(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not 1294
revert to the unassigned fund balance of the General Fund of the District of Columbia at the end 1295
of a fiscal year, or at any other time. 1296
“(2) Subject to authorization in an approved budget and financial plan, any funds 1297
appropriated in the Fund shall be continually available without regard to fiscal year limitation.”. 1298
SUBTITLE C . CRIAC ASSISTANCE FUND 1299
Sec. 6021. Short title. 1300
This subtitle may be cited as the “ CRIAC Assistance Fund Amendment Act of 2023” . 1301
Sec. 6022. Section 113a (d) of the District Department of the Environment Establishment 1302
Act of 2005, effective September 11, 2019 (D.C. Law 23-16, D.C. Official Code § 8- 151.13a), is 1303
amended to read as follows: 1304
“(d) Money remaining in the Fund at the end of a fiscal year shall revert to the 1305
unrestricted fund balance of the General Fund of the District of Columbia.” 1306
SUBTITLE D . MOTOR VEHICLE REGISTRATION FEE 1307
Sec. 6031. Short title. 1308
This subtitle may be cited as the “Motor Vehicle Registration Fee Abatement for Certain 1309
Disability Tags Amendment Act of 2023”. 1310
64
Sec. 6032. Section 3(b)(1) of Title IV of the District of Columbia Revenue Act of 1937, 1311
approved August 17, 1937 (50 Stat. 681; D.C. Official Code § 50- 1501.03(b)(1)), is amended as 1312
follows: 1313
(a) The tabular array in subparagraph ( A) is amended by adding the following row at the 1314
end: 1315
“Class VI (vehicles 3,500 pounds or greater that have been issued a disability license tag by the 1316
Department of Motor Vehicles pursuant to 18 DCMR § 2704, if the vehicle weight above 3,499 1317
pounds is due to the accommodation of a disability)................................$72”. 1318
(b) A new subparagraph (D) is added to read as follows: 1319
“(D) Class VI shall only apply after September 30, 2023.”. 1320
SUBTITLE E . BUILDING ENERGY PERFORMANCE STANDARDS 1321
Sec. 6041. Short title. 1322
This subtitle may be cited as the “Pandemic Impacts on Building Energy Performance 1323
Investments Amendment Act of 2023”. 1324
Sec. 6042. Section 301 of t he CleanEnergy DC Omnibus Amendment Act of 2018, 1325
effective March 22, 2019 (D.C. Law 22- 257; D.C. Official Code § 8-1772.21), is amended as 1326
follows: 1327
(a) Subsection (a) is amended as follows: 1328
(1) Paragraph (1) is amended by striking the phrase “Beginning January 1, 2021” 1329
and inserting the phrase “Beginning January 1, 2024” in its place 1330
(2) Paragraph (2) is amended by striking the phrase “ Beginning January 1, 2027” 1331
and inserting the phrase “Beginning January 1, 2030” in its place. 1332
65
(3) Paragraph (3) is amended by striking the phrase “Beginning January 1, 2033” 1333
and inserting the phrase “Beginning January 1, 2036” in its place . 1334
(b) Subsection (b)(1)(A) is amended by striking the phrase “No later than January 1, 1335
2021” and inserting the phrase “No later than January 1, 2024” in its place. 1336
SUBTITLE F. PARKING BENEFIT EQUIVALENT 1337
Sec. 6051. Short title. 1338
This subtitle may be cited as the “Parking Benefit Equivalent Amendment Act of 2023”. 1339
Sec. 6052. Section 302a of the Sustainable DC Omnibus Amendment Act of 2014, 1340
effective June 24, 2020 (D.C. Law 2 3-113; D.C. Official Code § 32-152.01), is amended as 1341
follows: 1342
(a) Subsection (b) is amended by striking the word “If” and inserting the phrase “Starting 1343
on January 1, 2026, if” in its place. 1344
(b) Subsection (f) is amended by striking the phrase “October 1, 2020” and inserting the 1345
phrase “October 1, 2026” in its place. 1346
(c ) Subsection (g) is amended by striking the phrase “October 1, 2022” and inserting the 1347
phrase “October 1, 2027” in its place. 1348
TITLE VII. FINANCE AND REVENUE 1349
SUBTITLE A. POOLED AND MASTER CAPITAL PROJECT 1350
REALLOCATIONS 1351
Sec. 7001. Short title. 1352
This subtitle may be cited as the “Pooled and Master Capital Project Reallocations Act of 1353
2023”. 1354
66
Sec. 7002. Chapter 3 of Title 47 of the District of Columbia Official Code is amended as 1355
follows: 1356
(a) The table of contents is amended by: 1357
(1) Adding a new section designation to read as follows: 1358
“47-312. Pooled capital project reallocations.”; and 1359
(2) Striking the phrase “47- 312, 47- 313. [Reserved]” and inserting the phrase “47-1360
313. [Reserved]” in its place. 1361
(b) Section 47- 310 is amended as follows: 1362
(1) Subsection (a) is amended as follows: 1363
(A) Paragraph (2) is amended by striking the phrase “; or” and inserting a 1364
semicolon in its place. 1365
(B) Paragraph (3) is amended by striking the phrase “sub- project;” and 1366
inserting the phrase “sub- project; or” in its place. 1367
(C) A new paragraph (4) is added to read as follows: 1368
“(4) Reallocate funds from the master capital project or a sub-project to a new or 1369
existing capital project that is implemented by the requesting agency but owned by another 1370
agency; provided, that the scope of the new or existing capital project shall not be inconsistent 1371
with the scope of the master capital project or sub- project from which the funds are to be 1372
reallocated.”. 1373
(2) A new subsection (b- 1) is added to read as follows: 1374
“(b-1) An agency director may include as part of a request submitted under subsection (a) 1375
of this section a request that a new capital project be established, to which funds will be 1376
reallocated pursuant to subsection (a)(4) of this section, and the Office of the Chief Financial 1377
67
Officer shall, as part of the process of reallocating the funds, establish a new capital project 1378
pursuant to the agency director’s request.”. 1379
(3) Subsection (c) is amended by striking the phrase “pursuant to subsections (a) 1380
and (b) of this section” and inserting the phrase “pursuant to this section” in its place. 1381
(4) Subsection (e) is amended by striking the word “reallocations” and inserting 1382
the phrase “reallocations, including the establishment of any new capital projects associated with 1383
the reallocation,” in its place. 1384
(c) A new section 47-312 is added to read as follows: 1385
Ҥ 47- 312. Pooled capital project reallocations. 1386
“(a) For any pooled capital project that is included in an approved budget and financial 1387
plan and is owned and implemented by the same agency (the “implementing agency”) , the 1388
Mayor may submit requests to the Office of Budget and Planning (“OBP”) of the Office of the 1389
Chief Financial Officer to reallocate funds from the pooled capital project to a new or existing 1390
capital project that is implemented by the implementing agency and owned either by the 1391
implementing agency or another agency; provided, that the scope of the new or existing capital 1392
project shall not be inconsistent with the scope of the pooled capital project from which the funds 1393
are to be reallocated. 1394
“(b) Upon receiving a request under subsection (a) of this section, OBP shall reallocate 1395
the funds as requested, unless OBP determines that the funds are not available for reallocation. 1396
“(c) The Mayor may include as part of a request submitted under subsection (a) of this 1397
section a request that a new capital project be established, to which funds will be reallocated 1398
pursuant to subsection (a) of this section, and the Office of the Chief Financial Officer shall, as 1399
68
part of the process of reallocating the funds, establish a new capital project pursuant to the 1400
Mayor’s request. 1401
“(d) After funds are reallocated pursuant to this section, the reallocated funds may 1402
obligated and expended. 1403
“(e) Subchapter IV of this chapter of Title 47 of the District of Columbia Official Code 1404
shall not apply to reallocations , including the establishment of any new capital projects 1405
associated with the reallocation, made pursuant to this section.”. 1406
SUBTITLE B . BALLPARK FUND EXCESS REVENUE 1407
Sec. 7011. Short title. 1408
This subtitle may be referred to as the “Use of Excess Ballpark Fund Revenue 1409
Amendment Act of 2023”. 1410
Sec. 7012. Section 102(d) of the Ballpark Omnibus Financing and Revenue Act of 2004, 1411
effective April 8, 2005 (D.C. Law 15- 320; D.C. Official Code § 10- 1601.02(d)), is amended by 1412
striking the phrase “in which it accrues” and inserting the phrase “in which it accrues; provided 1413
further, that the first $20 million of any excess that accrues during Fiscal Year 2023, Fiscal Year 1414
2024, Fiscal Year 2025, Fiscal Year 2026, or Fiscal Year 2027 shall be deposited in the 1415
unrestricted fund balance of the General Fund during the fiscal year in which it accrues” in its 1416
place. 1417
Sec. 7013. Applicability. 1418
This subtitle shall apply as of September 1, 2023. 1419
SUBTITLE C . DEDICATED REVENUE ADJUSTMENTS 1420
Sec. 7021. Short title. 1421
69
This subtitle may be referred to as the “Dedicated Revenue Adjustments Amendment Act 1422
of 2023”. 1423
Sec. 7022. Title III of the Law to Legalize Lotteries, Daily Numbers Games, and Bingo 1424
and Raffles for Charitable Purposes in the District of Columbia, effective May 3, 2019 (D.C. 1425
Law 22-312; D.C. Official Code § 36- 621.01 et seq. ), is amended as follows: 1426
(a) Section 311(a)(3) (D.C. Official Code § 36- 621.11(a)(3)) is repealed. 1427
(b) Section 315( c) (D.C. Official Code § 36- 621.15(c)) is repealed. 1428
Sec. 7023. Section 9q(b) of the Department of Transportation Establishment Act of 2002, 1429
effective Nov ember 13, 2021 ( D.C. Law 24- 45; D.C. Official Code § 50-921.25), is amended to 1430
read as follows: 1431
“(b) There shall be deposited into the Fund such amounts as may be appropriated to the 1432
Fund.”. 1433
Sec. 7024. (a) Section 4 of the West End Parcels Development Omnibus Act of 2010, 1434
effective April 8, 2011 (D.C. Law 18- 368; D.C. Official Code § 1- 325.181), is repealed. 1435
(b) Any funds remaining in the West End Library and Fire Station Maintenance Fund, 1436
established by section 4 of the West End Parcels Development Omnibus Act of 2010, effective 1437
April 8, 2011 (D.C. Law 18- 368; D.C. Official Code § 1- 325.181), at the end of Fiscal Year 1438
2023 shall revert to the u nrestricted fund balance of the General Fund of the District of 1439
Columbia. 1440
Sec. 7025. Section 3(c) of t he Housing Production Trust Fund Act of 1989, effective 1441
March 16, 1989 (D.C. Law 7- 202; D.C. Official Code § 42- 2802(c)), is amended as follows: 1442
(a) Paragraph (16) is amended by striking the phrase “Beginning October 1, 2003” and 1443
inserting the phrase “Beginning October 1, 2003, and ending September 30, 2023” in its place. 1444
70
(b) A new paragraph (16B) is added to read as follows: 1445
“(16B)(A) In Fiscal Year 2024, the lesser of: 1446
“(i) 15% of the real property transfer tax imposed by D.C. Official 1447
Code § 47- 903 and 15% of the deed recordation tax imposed by D.C. Official Code § 42- 1103; 1448
and 1449
“(ii) 102% of the amount deposited into the Fund in Fiscal Year 1450
2023 pursuant to paragraph (16) of this subsection; 1451
“(B) In Fiscal Year 2025 and each subsequent fiscal year, the lesser of: 1452
“(i) 15% of the real property transfer tax imposed by D.C. Official 1453
Code § 47- 903 and 15% of the deed recordation tax imposed by D.C. Official Code § 42- 1103; 1454
and 1455
“(ii) 102% of the amount deposited into the Fund in the prior fiscal 1456
year pursuant to this paragraph;”. 1457
Sec. 7026. Section 47- 2002(d) is amended as follows: 1458
(a) The existing text is designated as paragraph (1). 1459
(b) The newly designated paragraph (1) is amended by striking the phrase “5% of the 1460
sales tax revenue” and inserting the phrase “In Fiscal Year 2023, 5% of the sales tax revenue” in 1461
its place. 1462
(c) A new paragraph (2) is added to read as follows: 1463
“(2) In Fiscal Year 2024 and each subsequent fiscal year, there shall be dedicated 1464
to the Arts and Humanities Fund, from the sales tax revenue collected at the rate provided by the 1465
lead-in language of subsection (a) of this section, the lesser of: 1466
71
“(A) 5% of the sales tax revenue collected at the rate provided by the lead-1467
in language of subsection (a) of this section that is not dedicated to legislatively proposed or 1468
existing tax increment financing districts or pledged to the benefit of holders of District bonds or 1469
notes existing on or before October 30, 2018; or 1470
“(B) An amount equal to 102% of the amount dedicated to the Arts and 1471
Humanities Fund in the prior fiscal year pursuant to this subsection.”. 1472
Sec. 7027. Section 47- 2002.07 of the District of Columbia Official Code is amended as 1473
follows: 1474
(a) The existing text is designated as subjection (a). 1475
(b) The newly designated subsection (a) is amended by striking the phrase “All of the 1476
revenue” and inserting the phrase “In Fiscal Year 2023, all of the revenue” in its place. 1477
(c) A new subsection (b) is added to read as follows: 1478
“(b) In Fiscal Year 2024 and each subsequent fiscal year, from the revenue described in 1479
subsection (a) of this section there shall be dedicated annually to paying the District’s annual 1480
operating subsidies to WMATA the lesser of: 1481
“(1) All of such revenue; or 1482
“(2) An amount equal to 102% of the amount dedicated pursuant to this 1483
subsection from such revenue in the prior fiscal year to paying the District’ s annual operating 1484
subsidies to WMATA.”. 1485
Sec. 7028. Section 5102(b) of the Early Childhood Educator Pay Equity Fund 1486
Establishment Act of 2021, effective November 13, 2021 (D.C. Law 24- 45; D.C. Official Code § 1487
1-325.431(b)), is amended as follows : 1488
72
(a) Paragraph (3) is amended by striking the phrase “$73,883,680 in local funds” and 1489
inserting the phrase “$69,508,332 in local funds” in its place. 1490
(b) Paragraph (4) is amended by striking the phrase “$74,878,268 in local funds” and 1491
inserting the phrase “$70,502,920 in local funds” in its place. 1492
SUBTITLE D . FISCAL STABILIZATION RESERVE 1493
Sec. 7031. Short title. 1494
This subtitle may be referred to as the “Fiscal Stabilization Reserve Amendment Act of 1495
2023”. 1496
Sec. 7032. Section 47- 392.02(j -1)(2) of the District of Columbia Official Code is 1497
amended as follows: 1498
(a) Subparagraph (B) is amended by striking the phrase “; and” and inserting a semicolon 1499
in its place. 1500
(b) Subparagraph (C) is amended by striking the period at the end and inserting the phase 1501
“; and” in its place. 1502
(c) A new subparagraph (D) is added to read as follows: 1503
“(D) To fund locally appropriated expenditures in Fiscal Year 2023. ”. 1504
SUBTITLE E . DESIGNATED FUND TRANSFERS 1505
Sec. 7041. Short title. 1506
This title may be cited as the “Designated Fund Transfer Act of 2023”. 1507
Sec. 7042. (a) Notwithstanding any provision of law limiting the use of funds in the 1508
accounts listed in the following chart, the Chief Financial Officer shall transfer in Fiscal Year 1509
2023 the following amounts from certified fund balances and other revenue in the identified 1510
accounts to the unassigned fund balance of the General Fund of the District of Columbia: 1511
73
Agency Code Fund Number Fund Name Amount
Local Funds
BG0 1010094 Employees’ Compensation Fund Agency
Balance
$3,586,302
CJ0 1010015 Fair Elections Fund $1,054,052
JA0 1010100 SNAP Reinvestment Fund $850,936
GC0 1010106 Student Enrollment Fund $112,512
GD0 1010118 Special Education Enhancement Fund $3,291,246
GD0 1010112 Community Schools Fund $872,867
GD0 1010213 School Safety and Positive Climate $602,606
KG0 1010206 Clean Rivers Impervious Area Charge
Assistance Fund
$1,417,016
GD0 1010161 Early Childhood Educator Pay Equity Fund $5,396,000
Special Purpose Revenue Funds
AE0 1243 Public-Private Partnership Administration
Fund
$8,735
AM0 1460 Eastern Market Enterprise Fund $168,795
AT0 606 Recorder of Deeds Surcharge $1,278,435
BD0 2001 Historic Landmark and Historic District
Filing Fees
$41,851
BX0 600 Arts and Humanities Enterprise Fund $755,656
CB0 616 Litigation Support Fund $3,054,000
CE0 6160 Revenue Generating Activities $433,410
74
CE0 6170 Library Collections - Online Book Sales $30,447
CE0 6108 Copies and Printing $2,945
CF0 619 DC Jobs Trust Fund $365,815
CF0 625 Apprenticeship Fees $243,469
CF0 618 Wage Theft Fund $65,766
CI0 600 OCTFME Special Purpose Revenue Fund $24,950
CQ0 6000 Rental Unit Fee Fund $11,701
CR0 6013 Basic Business License Fund $3,083,619
CR0 6008 Real Estate Guarantee and Education Fund $766,140
CR0 6040 Corporate Recordation Fund $647,789
CR0 6009 Real Estate Appraisal Fee $59,321
CR0 6010 OPLA - Special Account $1,491
CU0 6030 Green Building Fund $79,801
DB0 610 DHCD Unified Fund $70,390
EB0 609 Industrial Revenue Bond Program Fund $554,001
EB0 632 AWC and NCRC Development (Economic
Development Special Account)
$2,061,753
EN0 6160 Streetscape Loan Relief Fund $5,094
EN0 632 Small Business Capital Access Fund $320
FB0 601 FEMS Reform Fund $8,963,038
FB0 1200 Automated External Defibrillator
Regulatory Fee Fund
$5,044
FL0 600 Corrections Trustee Reimbursement $3,907,406
75
FL0 605 Correction Reimbursement - Juveniles $20
FX0 610 Medical Examiner Pathology and
Toxicology
$322,033
GA0 633 DHHS Afterschool Program - Copayment $164,074
GD0 618 Student Residency Verification Fund $368,456
GD0 620 Child Development Facilities Fund $221,709
GL0 619 State Athletic Acts Program and Office
Fund
$110,840
HA0 602 Enterprise Fund Account $1,103,210
HC0 643 Board of Medicine $4,702,061
HC0 679 Opioid Abatement Fund $2,082,410
HC0 632 Pharmacy Protection $1,597,891
HC0 605 SHPDA Fees $1,220,612
HC0 655 SHPDA Admission Fee $82,961
HC0 673 DOH - Regulatory Enforcement Fund $20,170
HC0 661 ICF/MR Fees and Fines $18,205
HC0 644 Non-Lapsing Spay and Neutering Fund $696
HT0 635 Individual Insurance Market Affordability
and Stability
$2,979,384
HT0 633 Medicaid Recovery Audit Contractor $1,401
JA0 603 SSI Payback $389,552
KA0 6140 Tree Fund $2,006,598
KA0 6910 Vision Zero Pedestrian and Bicycle Safety $1,468,853
76
KA0 6901 DDOT Enterprise Fund – Non-Tax
Revenues
$738,532
KA0 6031 DC Circulator Bus System - NPS Mall
Route
$651,776
KA0 6030 DC Circulator Bus System $609,979
KE0 601 Parking Meter WMATA $3,331,803
KG0 6700 Sustainable Energy Trust Fund $3,000,000
KG0 645 Pesticide Product Registration $394,654
KG0 607 Underground Storage Tank Fine $199,436
KG0 668 Lead Poisoning Prevention Fund $135,000
KG0 646 Storm Water Fees $54,935
KG0 655 Storm Water In Lieu Fee $45,418
KG0 6500 Benchmarking Enforcement Fund $23,627
KG0 634 Soil Erosion/Sediment Control $12,674
KT0 6082 Solid Waste Disposal Fee Fund $4,352,582
KT0 6010 Super Can Program $21,746
KT0 6052 Solid Waste Diversion Fund $20,082
KV0 6258 Motor Vehicle Inspection Station $196,545
LQ0 6017 ABC - Import and Class License Fees $524,029
RJ0 640 Subrogation Fund $444,387
RJ0 1240 Captive Insurance Fund $248,048
RM0 629 Agreements with Independent Agencies $44,208
SR0 2910 Foreclosure Mediation Fund $3,700
77
SR0 2100 HMO Assessment $2,662
TC0 2400 Public Vehicles for Hire Consumer Service $137,037
UC0 1631 Prepaid Wireless 911 Charges $600,275
UC0 1630 911 and 311 Assessments $41,016
VA0 600 Office of Veterans Affairs Fund $15,000
Dedicated Tax Funds
AM0 2225 West End Library / Firehouse Maintenance
Fund
$2,129,112
EB0 6603 St Elizabeths East Campus Redevelopment $444,165
GD0 0111 Healthy Schools Fund $181,021
RM0 1118 Gambling Addiction Treatment &
Research
$600,000
KE0 0110 WMATA Operating $739,138
LQ0 0110 Alcoholic Beverage Regulation
Administration
$366,728
BK0 0610, 6111,
6114
Ballpark Fund $24,834,000
1512
(c) The amounts identified in subsection (a) of this section shall be made available as set 1513
forth in the approved Fiscal Year 2024 Budget and Financial Plan. 1514
Sec. 7043. Applicability. 1515
This subtitle shall apply as of September 1, 2023. 1516
78
SUBTITLE F. SUBJECT -TO-APPROPRIATION PROVISIONS 1517
Sec. 7051. Section 301 of the Second Chance Amendment Act of 2022, effective March 1518
10, 2023 (D.C. Law 24-284; 70 DCR 913), is repealed. 1519
Sec. 7052. The Public Restroom Facilities Installation and Promotion Act of 2018, 1520
effective April 11, 2019 (D.C. Law 22-280; D.C. Official Code § 10-1051 et seq.), is amended 1521
by adding a new section 5a to read as follows: 1522
“Sec. 5a. Applicability. 1523
“(a) Section 3(d)–(g) of this act shall apply upon the date of inclusion of their fiscal effect 1524
in an approved budget and financial plan. 1525
“(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect 1526
in an approved budget and financial plan and provide notice to the Budget Director of the 1527
Council of the certification. 1528
“(c)(1) The Budget Director shall cause the notice of the certification to be published in 1529
the District of Columbia Register. 1530
“(2) The date of publication of the notice of the certification shall not affect the 1531
applicability of this act.”. 1532
TITLE VII I. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE 1533
Sec. 8001. Applicability. 1534
Except as otherwise provided, this act shall apply as of October 1, 2023. 1535
Sec. 8002. Fiscal impact statement. 1536
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 1537
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 1538
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1 -301.47a). 1539
79
Sec. 8003. Effective date. 1540
This act shall take effect following approval by the Mayor (or in the event of veto by the 1541
Mayor, action by the Council to override the veto), a 30- day period of congressional review as 1542
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 1543
24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in the District of 1544
Columbia Register. 1545
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone: (202) 724- 5524 Email: megan.browder@dc.gov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
BRIAN L. S CHWALB
ATTORNEY GENERAL
Legal Counsel Division
MEMORANDUM
TO: Tommy Wells
Director
Office of Policy and Legislative Affairs
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE: March 22, 2023
SUBJECT: Legal Sufficiency Review of “Fiscal Year 2024 Budget Support Act of
2023”
(AE-23-269)
This is to Certify that this Office has revi ewed the above-referenced
legislation and has found it to be legally sufficient. If you have any questions
regarding this certification, please do not hesitate to contact me at (202) 724-5524.
_______________________________ Megan D. Browder