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�U�U�9�8�` �D�R�P�` �Y �H�9�` �+�5�Y�J�R�Q�5�N�` �. �5 �U�M�` �0�9�U�\�J�7�9�` �Y�R �` �Y�H�9�` �"�J�X�Y�U�J�7�Y�` �C �U �`�S�U �R�L�:�7�Y�X�` �J�Q�Y�:�G�U�5�N�` �Y�R�` �5�` �Y�U�5�Q�X�S�R�U�Y�5�Y�J�R�Q �`�J�P�S�U�R�\�:�P�:�Q�Y�` �S�N�5�Q�` �R�U�` �S �U �R�L�:�7�Y�` �R �U�` �"�"�,�2��X�` �7�R�Q�Y�U�R �N�`�R�<�` �S�Z�6�N�J�7�` �X�S�5�7�9��` � �X �`�5�N�]�5�_�X� �` �&�` �5�P �`�5�\�5 �J�N�5�6�N�9�` �Y �R�` �8�J�X�7�[�X�X�` �5�Q�_�` �T�Z�9�X�Y�J�R�Q�X�` �_�R �[ �`�P �5�_�`�H �5�\�9�` �U �:�G�5 �U �8�J�Q�G�`�Y�H�J�X�` �6�J�N�N� �` �& �Q�` �R �U�8�9�U�` �Y �R�` �>�7�J�N�J�Y�5�Y�9�` �5�` �U �:�X �S�R�Q�X�9�` �Y �R �`�5 �Q �_�` �T�Z�9�X�Y�J�R�Q�X��` �S�N�:�5�X�:�` �H�5�\�9�` �_�R�Z�U�` �X�Y �5�@ �`�7�R�Q�Y�5�7�Y�` �"�J �X�Y �U �J�7�Y �`�"�9�S�5�U�Y�P�:�Q�Y�` �R�< �`�2 �U�5�Q�X�S�R�U�Y�5�Y�J�R�Q�` �&�Q�Y�:�U�J�P�` �"�J�U�:�7�Y�R�U�` �0�H�5�U�R�Q�` �' �:�U�X�H�6�5�[�P�` �5�Y�` ����� �` � �� �������` �&�` �[ �U �G �9�` �_�R�Z�` �Y�R�` �Y �5�M�9�` �S�U �R �P�S�Y�` �5 �Q �8 �` �>�\�R�U�5�6�N�9�`�5 �7�Y�J�R�Q �`�U�:�G�5�U�8�J�Q�F�` �Y �H �:�` �:�Q�7�N�R�X�9�8�` �N �:�G�J�X�N�5�Y�J�R�Q��` 1 2 3 4 5 6 7 ~ /chairman Phil Mendelson 8 9 A BILL at the request of the Mayor 10 11 12 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 13 14 15 To amend the Department of Transportation Establishment Act of 2002 to provide the Director 16 of the District Department of Transportation ("DDOT") greater discretion to delegate the 17 duties and responsibilities assigned to DDOT; to provide the DDOT Director with the 18 authority to construct, maintain and control DDOT infrastructure on land transferred from 19 the federal government for recreational purposes, provided that the land is adjacent to 20 public space and integral to a transportation improvement plan or project or DDOT's 21 control of public space; and to provide that the District has an adequate interest sufficient 22 to meet federal highway funding requirements in federal parkland where transportation 23 infrastructure projects are located. 24 25 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 26 act may be cited as the "Transportation Improvements Amendment Act of 2024". 27 Sec. 2. The Department of Transportation Establishment Act of 2002, effective May 21, 28 2002 (D.C. Law 14-137; D.C. Official Code§ 50-921.01 et seq.), is amended as follows: 29 (a) Section 4 (D.C. Official Code§ 50-921.03) is repealed. 30 (b) Section 5(a) (D.C. Official Code§ 50-921.04(a)) is amended as follows: 31 (1) The lead-in text is amended by striking the phrase "The offices ofDDOT' and 32 inserting the word "DDOT" in its place. 33 (2) Paragraph (1) is amended as follows: 1 2 (A) The lead-in language is amended by striking the phrase “The Project 34 Delivery Administration shall” and inserting the phrase “ Pursuant to its responsibility for 35 transportation project delivery, DDOT shall:” in its place. 36 (B) Subparagraph (A) is amended to read as follows : 37 “(A) Identify transportation needs of the District and design, manage, and 38 implement transportation improvement plans and projects, including design, engineering, and 39 related support;” 40 (C) Subparagraph (P) is amended by striking the phrase “mass transit” and 41 inserting the phrase “transit policy and mass transit and alternative transit” in its place. 42 (D) Subparagraph (U) is amended by striking the phrase “; and” and 43 inserting a semicolon in its place. 44 (E) Subparagraph (V) is amended by striking the period and inserting the 45 phrase “; and” in its place. 46 (F) New subparagraphs (W) and (X) are added to read as follows: 47 “(W) Carry out duties related to freight and passenger rail, to the extent 48 such authority has been delegated or required by federal law, as well as duties relating to State 49 Transportation Environmental Compliance. 50 “(X) Manage, control, and implement transportation improvement plans 51 and projects on land transferred from the federal government for recreational use 52 pursuant to 40 U.S.C. § 8124 and section 1 of An Act To authorize the transfer of jurisdiction 53 over public land in the District of Columbia, approved May 20, 1932 (47 Stat. 161; 54 D.C. Official Code § 10-111); provided that the land transferred is adjacent to public space and is 55 part of a transportation improvement plan or project.”. 56 3 (3) Paragraph (2) is amended by strik ing the phrase “The Project Delivery 57 Administration” and inserting the word “DDOT” in its place. 58 (4) The lead-in language of paragraph (2A) is amended by striking the phrase 59 “The Project Delivery Administration” and inserting the word “DDOT” in its place. 60 (5) Paragraph (3) is amended as follows: 61 (A) The lead-in language is amended by striking the phrase “The 62 Operations Administration” and inserting the phrase “Pursuant to its responsibility for 63 transportation operations, DDOT” in its place. 64 (B) Subparagraph (G) is amended by striking the word “infrastructure” 65 and inserting the phrase “infrastructure and maintain all DDOT assets” in its place. 66 (6) Paragraph (4) is amended to read as follows: 67 “(4) Pursuant to its responsibility for agency administration, DDOT shall: 68 “(A) P erform financial planning, financial management , and budgeting 69 activities; 70 “(B) Perform functions relating to workforce development and the 71 management of human resources; 72 “(C) Support the contracting and procurement of goods and services 73 required to fulfill the functions of DDOT; and 74 “(D) Manage DDOT’s fleet, warehouses, and other facilities; and” . 75 (7) Paragraph (5) is amended as follows: 76 (A) The lead-in language is amended by striking the phrase “The 77 Performance Administration” and inserting the phrase “Pursuant to its responsibility for ensuring 78 adequate performance of the other duties identified in this section, DDOT” in its place. 79 4 (B) A new subparagraph (E) is added to read as follows: 80 “(E) Provide customer service.”. 81 (8) New paragraphs (6) and (7) are added to read as follows: 82 “(6) The Director shall designate DDOT staff who are responsible for: 83 “(A) Providing legal counsel; 84 “(B) Civil rights matters; 85 “(C) Compliance with the Americans with Disabilities Act of 1990 , 86 approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq. ); 87 “(D) Senior and elderly affairs; and 88 “(E) Policy and legislative affairs. 89 “(7) The Director shall establish such offices and divisions as, in the Director’s 90 judgment, are appropriate to efficiently and soundly administer the various responsibilities of 91 DDOT.”. 92 (c) A new section 9s is added to read as follows: 93 “Sec. 9s. Adequate i nterest for transportation projects on National Park Service parkland. 94 “When public roads and bridges on National Park Service parkland entrusted to the 95 Mayor by Congress or NPS are in need of reconstruction or adjustment, the authority given to 96 the Mayor pursuant to An act for the government of the District of Columbia, and for other 97 purposes, approved June 20, 1874 (18 Stat. 116; D.C. Official Code §§ 9- 101.01 and 9- 101.02), 98 shall be deemed to be an interest adequate to fulfill the purpose of the project within the meaning 99 of Title 23, United States Code. Pursuant to these provisions, the Mayor is authorized to operate 100 and maintain those public roads and bridges, including associated infrastructure, subject to 101 applicable permits from the National Park Service.”. 102 5 Sec. 3. The Vision Zero Enhancement Omnibus Amendment Act of 2020, effective 103 December 23, 2020 (D.C. Law 23- 158; 67 DCR 13057) is amended as follows: 104 (a) The lead -in language to amendatory paragraph 3A in Section 4(a)(2) is amended by 105 striking the phrase “The Operations Administration” and inserting the word “DDOT” in its place. 106 (b) The amendatory language within section 4(a)(3)(C) is amended as follows; 107 (1) Amendatory subparagraph (C)(ii) is amended by striking the period and 108 inserting a semicolon in its place. 109 (2) Amendatory subparagraph (D) is amended by striking the period and inserting 110 a semicolon in its place.” 111 Sec. 4. Fiscal i mpact s tatement. 112 The Council adopts the fiscal impact statement in the committee report as the fiscal 113 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 114 approved Octo ber 16, 1975 ( 120 Stat. 2038; D.C. Official Code § 1- 301.47a). 115 Sec 5. Effective date. 116 This act shall take effect following approval by the Mayor (or in the event of veto by the 117 Mayor, action by the Council to override the veto), a 30- day period of Congressional review as 118 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 119 24, 1973 (87Stat. 813; D.C. Official Code § 1- 20602(c)(1), and publication in the District of 120 Columbia Register. 121 Government of the District of Columbia Office of the Chief Financial Officer Glen Lee Chief Financial Officer 1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476 www.cfo.dc.gov MEMORANDUM TO: The Honorable Phil Mendelson Chairman, Council of the District of Columbia FROM: Glen Lee Chief Financial Officer DATE: September 11, 2023 SUBJECT: Fiscal Impact Statement – Transportation Improvements Amendment Act of 2023 REFERENCE: Draft Bill as provided to the Office of Revenue Analysis on August 18, 2023 Conclusion Funds are sufficient in the fiscal year 2024 through fiscal year 2027 budget and financial plan to implement the bill. Background The federal government has and continues to act upon its authority 1 to transfer land to the District for various purposes, including recreational uses. The bill expands the District Department of Transportation’s (DDOT) Project Delivery Administration’s duties to include the administration of transportation improvement plans located on lands transferred for recreational purposes if the land is adjacent to public space and is part of a larger transportation improvement plan. The bill establishes that the Mayor has adequate interest 2 in roadways and bridges that have been entrusted to the Mayor by Congress 3 that are located on National Park Service (NPS) land. This will allow DDOT to reconstruct or maintain this infrastructure on NPS land that the District has not 1 40 U.S.C. § 8124 and section 1 of An Act To authorize the transfer of jurisdiction over public land in the District of Columbia, approved May 20, 1932 (47 Stat. 161; D.C. Official Code § 10-111). 2 Consistent with Title 23, U.S.C. 3 An act for the government of the District of Columbia, and for other purposes, approved June 20, 1874 (18 Stat. 116; D.C. Official Code §§ 9-101.01 and 0-101.02). The Honorable Phil Mendelson FIS: “Transportation Improvements Amendment Act of 2023,” Draft bill as provided to the Office of Revenue Analysis on August 18, 2023 Page 2 of 2 purchased, condemned, been provided an easement, or controlled through a transfer of jurisdiction. DDOT’s projects on these roadways and bridges are still subject to the appropriate NPS permits. The bill also repeals the statutory establishment of DDOT’s organizational structure. 4 The bill enhances DDOT’s statutorily assigned duties 5 to ensure DDOT maintains responsibility for any duties that were codified in the proposed organizational structure repeal that were not codified elsewhere. The bill provides the DDOT director with the flexibility to establish organizational offices and divisions as the director needs to fulfill DDOT’s assigned duties. Financial Plan Impact Funds are sufficient in the fiscal year 2024 through fiscal year 2027 budget and financial plan to implement the bill. The bill ensures that DDOT has the necessary authority to implement transportation improvement plans on lands that have been transferred to the District for recreational purposes or that the District does not control, but where DDOT has responsibility to maintain related to roadways and bridges. DDOT can absorb any costs associated with this authority within the agency’s existing budgeted resources. There are no costs associated with repealing DDOT’s codified organizational structure as the bill maintains the agency’s existing duties and responsibilities. 4 Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code § 50-921.03). 5 D.C. Official Code § 50-921.04. 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. SCHWALB 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: June 12, 2023 SUBJECT: Legal Sufficiency Review of Draft Bill, the “Transportation Improvements Amendment Act of 2023” (AE-23-303) This is to Certify that this Office has reviewed the above-referenced legislation and has found it to be legally sufficient. If you have any questions regarding this certification, please do not he sitate to contact me at (202) 724-5524. _______________________________ Megan D. Browder