District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0738 Engrossed / Bill

Filed 09/17/2024

                      	ENGROSSED ORIGINAL 
 
 
 
1 
 
A BILL 1 
 2 
25-738 3 
 4 
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5 
 6 
__________________ 7 
 8 
 9 
To amend the Department of Transportation Establishment Act of 2002 to provide the Director 10 
of the District Department of Transportation (“DDOT”) with greater discretion to 11 
delegate the agency’s duties and responsibilities, to provide the DDOT Director with the 12 
authority to construct, maintain, and control DDOT infrastructure on land transferred 13 
from the federal government for recreational purposes in cases where the land transferred 14 
is adjacent to public space and is part of a transportation improvement plan or project, 15 
and to provide that the District has an adequate interest sufficient to meet federal highway 16 
funding requirements in federal parkland where transportation infrastructure projects are 17 
located; and to amend the Vision Zero Enhancement Omnibus Amendment Act of 2020 18 
to provide the Director of DDOT with greater discretion to delegate the agency’s duties 19 
and responsibilities. 20 
 21 
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 22 
act may be cited as the “Transportation Improvements Amendment Act of 2024”.  23 
Sec. 2. The Department of Transportation Establishment Act of 2002, effective May 21, 24 
2002 (D.C. Law 14-137; D.C. Official Code § 50–921.01 et seq.), is amended as follows: 25 
(a)  Section 4 (D.C. Official Code § 50-921.03) is repealed. 26 
(b)  Section 5(a) (D.C. Official Code § 50-921.04(a)) is amended as follows: 27 
 (1) The lead-in language is amended by striking the phrase “The offices of DDOT 28 
shall” and inserting the phrase “DDOT shall” in its place. 29 
 (2) Paragraph (1) is amended as follows: 30    	ENGROSSED ORIGINAL 
 
 
 
2 
 
 (A) The lead-in language is amended by striking the phrase “The Project 31 
Delivery Administration shall” and inserting the phrase “Pursuant to its responsibility for 32 
transportation project delivery, DDOT shall” in its place. 33 
(B)  Subparagraph (A) is amended to read as follows: 34 
“(A) Identify transportation needs of the District and design, manage, and 35 
implement transportation improvement plans and projects, including design, engineering, and 36 
related support;”. 37 
(C) Subparagraph (P) is amended by striking the phrase “on mass transit 38 
needs” and inserting the phrase “on transit policy, mass transit, and alternative transit needs” in 39 
its place. 40 
(D) Subparagraph (U) is amended by striking the phrase “; and” and 41 
inserting a semicolon in its place.   42 
(E)  Subparagraph (V) is amended by striking the period and inserting a 43 
semicolon in its place. 44 
(F) New subparagraphs (W) and (X) are added to read as follows: 45 
“(W) Carry out duties related to freight and passenger rail, to the extent 46 
such authority has been delegated or required by federal law, and duties relating to State 47 
Transportation Environmental Compliance; and 48 
“(X) Manage, control, and implement transportation improvement plans 49 
and projects on land transferred from the federal government for recreational use 50    	ENGROSSED ORIGINAL 
 
 
 
3 
 
pursuant to 40 U.S.C. § 8124 and section 1 of An Act To authorize the transfer of jurisdiction 51 
over public land in the District of Columbia, approved May 20, 1932 (47 Stat. 161; 52 
D.C. Official Code § 10-111), in cases where the land transferred is adjacent to public space and 53 
is part of a transportation improvement plan or project.”. 54 
(3) Paragraph (2) is amended by striking the phrase “The Project Delivery 55 
Administration may” and inserting the word “DDOT may” in its place. 56 
(4) Paragraph (3) is amended as follows:  57 
(A) The lead-in language is amended by striking the phrase “The 58 
Operations Administration shall” and inserting the phrase “Pursuant to its responsibility for 59 
transportation operations, DDOT shall” in its place. 60 
(B) Subparagraph (G) is amended by striking the phrase “transportation 61 
system infrastructure” and inserting the phrase “transportation infrastructure and maintain all 62 
DDOT assets” in its place.   63 
(5) Paragraph (4) is amended to read as follows: 64 
 “(4) Pursuant to its responsibility for agency administration, DDOT shall: 65 
“(A) Perform financial planning, financial management, and budgeting 66 
activities; 67 
“(B) Perform functions relating to workforce development and the 68 
management of human resources; 69    	ENGROSSED ORIGINAL 
 
 
 
4 
 
“(C) Support the contracting and procurement of goods and services 70 
required to fulfill DDOT’s functions; and 71 
“(D) Manage DDOT’s fleet, warehouses, and other facilities.”. 72 
 (6) Paragraph (5) is amended as follows: 73 
(A) The lead-in language is amended by striking the phrase “The 74 
Performance Administration shall” and inserting the phrase “Pursuant to its responsibility for 75 
ensuring adequate performance of the other duties identified in this section, DDOT shall” in its 76 
place. 77 
(B)  A new subparagraph (E) is added to read as follows: 78 
 “(E) Provide customer service.”. 79 
 (7) New paragraphs (6) and (7) are added to read as follows: 80 
“(6) The Director shall designate DDOT staff who are responsible for: 81 
“(A) Providing legal counsel; 82 
“(B) Civil rights matters; 83 
“(C) Compliance with the Americans with Disabilities Act of 1990, 84 
approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq.); 85 
“(D) Senior and elderly affairs; and  86 
“(E) Policy and legislative affairs. 87    	ENGROSSED ORIGINAL 
 
 
 
5 
 
“(7) The Director shall establish such offices and divisions as, in the Director’s 88 
judgment, are appropriate to efficiently and soundly administer DDOT’s various 89 
responsibilities.”. 90 
(c)  A new section 9t is added to read as follows: 91 
“Sec. 9t. Adequate interest for transportation projects on National Park Service parkland.   92 
“(a) When public roads and bridges on National Park Service (“NPS”) parkland entrusted 93 
to the Mayor by Congress or NPS are in need of reconstruction or maintenance, the authority 94 
given to the Mayor pursuant to section 2 of An act for the government of the District of 95 
Columbia, and for other purposes, approved June 20, 1874 (18 Stat. 116; D.C. Official Code § 9-96 
101.02), shall be deemed to be an interest adequate to fulfill the purpose of the project within the 97 
meaning of Title 23 of the U.S. Code or another applicable federal law.    98 
“(b) Pursuant to subsection (a) of this section, the Mayor is authorized to operate and 99 
maintain those public roads and bridges, including associated infrastructure, subject to applicable 100 
permits from the National Park Service.”. 101 
Sec. 3. Section 4(a) of the Vision Zero Enhancement Omnibus Amendment Act of 2020, 102 
effective December 23, 2020 (D.C. Law 23-158; 67 DCR 13057), is amended as follows: 103 
(a) Amended paragraph (2A) within paragraph (1) is amended by striking the phrase 104 
“The Project Delivery Administration shall” and inserting the word “DDOT shall” in its place. 105 
(b)  Amended paragraph (3A) within paragraph (2) is amended by striking the phrase 106 
“The Operations Administration shall” and inserting the word “DDOT shall” in its place. 107    	ENGROSSED ORIGINAL 
 
 
 
6 
 
(c) Amended paragraph (5) within paragraph (3) is amended as follows: 108 
(1) Amended subparagraph (C)(ii) is amended by striking the period and inserting 109 
a semicolon in its place. 110 
(2) Amended subparagraph (D) is amended by striking the period and inserting 111 
the phrase “; and” in its place.  112 
Sec. 4. Fiscal impact statement. 113 
The Council adopts the fiscal impact statement in the committee report as the fiscal 114 
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 115 
approved October 16, 1975 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 116 
Sec 5. Effective date. 117 
This act shall take effect following approval by the Mayor (or in the event of veto by the 118 
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 119 
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 120 
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1). 121