District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0738 Introduced / Bill

Filed 03/01/2024

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~ 
/chairman Phil Mendelson 
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A BILL 
at the request 
of the Mayor 
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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29 (a) Section 4 (D.C. Official Code§ 50-921.03) 	is repealed. 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