District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0738 Compare Versions

Version 1 (Old)

Version 2 (New)

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	1	+	ENGROSSED ORIGINAL
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7		-	AN ACT
8		-
9		-	_____________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	__________________
14		-
15		-
16		-	To amend the Department of Transportation Establishment Act of 2002 to provide the Director
17		-	of the District Department of Transportation (“DDOT”) with greater discretion to
18		-	delegate the agency’s duties and responsibilities, to provide the DDOT Director with the
19		-	authority to construct, maintain, and control DDOT infrastructure on land transferred
20		-	from the federal government for recreational purposes in cases where the land transferred
21		-	is adjacent to public space and is part of a transportation improvement plan or project,
22		-	and to provide that the District has an adequate interest sufficient to meet federal highway
23		-	funding requirements in federal parkland where transportation infrastructure projects are
24		-	located; and to amend the Vision Zero Enhancement Omnibus Amendment Act of 2020
25		-	to provide the Director of DDOT with greater discretion to delegate the agency’s duties
26		-	and responsibilities.
27		-
28		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
29		-	act may be cited as the “Transportation Improvements Amendment Act of 2024”.
30		-
31		-	Sec. 2. The Department of Transportation Establishment Act of 2002, effective May 21,
32		-	2002 (D.C. Law 14-137; D.C. Official Code § 50–921.01 et seq.), is amended as follows:
33		-	(a) Section 4 (D.C. Official Code § 50-921.03) is repealed.
34		-	(b) Section 5(a) (D.C. Official Code § 50-921.04(a)) is amended as follows:
35		-	(1) The lead-in language is amended by striking the phrase “The offices of DDOT
36		-	shall” and inserting the phrase “DDOT shall” in its place.
37		-	(2) Paragraph (1) is amended as follows:
38		-	(A) The lead-in language is amended by striking the phrase “The Project
39		-	Delivery Administration shall” and inserting the phrase “Pursuant to its responsibility for
40		-	transportation project delivery, DDOT shall” in its place.
41		-	(B) Subparagraph (A) is amended to read as follows:
42		-	“(A) Identify transportation needs of the District and design, manage, and
43		-	implement transportation improvement plans and projects, including design, engineering, and
44		-	related support;”. ENROLLED ORIGINAL
	7	+	A BILL 1
	8	+	2
	9	+	25-738 3
	10	+	4
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	12	+	6
	13	+	__________________ 7
	14	+	8
	15	+	9
	16	+	To amend the Department of Transportation Establishment Act of 2002 to provide the Director 10
	17	+	of the District Department of Transportation (“DDOT”) with greater discretion to 11
	18	+	delegate the agency’s duties and responsibilities, to provide the DDOT Director with the 12
	19	+	authority to construct, maintain, and control DDOT infrastructure on land transferred 13
	20	+	from the federal government for recreational purposes in cases where the land transferred 14
	21	+	is adjacent to public space and is part of a transportation improvement plan or project, 15
	22	+	and to provide that the District has an adequate interest sufficient to meet federal highway 16
	23	+	funding requirements in federal parkland where transportation infrastructure projects are 17
	24	+	located; and to amend the Vision Zero Enhancement Omnibus Amendment Act of 2020 18
	25	+	to provide the Director of DDOT with greater discretion to delegate the agency’s duties 19
	26	+	and responsibilities. 20
	27	+	21
	28	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 22
	29	+	act may be cited as the “Transportation Improvements Amendment Act of 2024”. 23
	30	+	Sec. 2. The Department of Transportation Establishment Act of 2002, effective May 21, 24
	31	+	2002 (D.C. Law 14-137; D.C. Official Code § 50–921.01 et seq.), is amended as follows: 25
	32	+	(a) Section 4 (D.C. Official Code § 50-921.03) is repealed. 26
	33	+	(b) Section 5(a) (D.C. Official Code § 50-921.04(a)) is amended as follows: 27
	34	+	(1) The lead-in language is amended by striking the phrase “The offices of DDOT 28
	35	+	shall” and inserting the phrase “DDOT shall” in its place. 29
	36	+	(2) Paragraph (1) is amended as follows: 30 ENGROSSED ORIGINAL
45	37
46	38
47	39
48	40		2
49	41
50		-	(C) Subparagraph (P) is amended by striking the phrase “on mass transit
51		-	needs” and inserting the phrase “on transit policy, mass transit, and alternative transit needs” in
52		-	its place.
53		-	(D) Subparagraph (U) is amended by striking the phrase “; and” and
54		-	inserting a semicolon in its place.
55		-	(E) Subparagraph (V) is amended by striking the period and inserting a
56		-	semicolon in its place.
57		-	(F) New subparagraphs (W) and (X) are added to read as follows:
58		-	“(W) Carry out duties related to freight and passenger rail, to the extent
59		-	such authority has been delegated or required by federal law, and duties relating to State
60		-	Transportation Environmental Compliance; and
61		-	“(X) Manage, control, and implement transportation improvement plans
62		-	and projects on land transferred from the federal government for recreational use
63		-	pursuant to 40 U.S.C. § 8124 and section 1 of An Act To authorize the transfer of jurisdiction
64		-	over public land in the District of Columbia, approved May 20, 1932 (47 Stat. 161;
65		-	D.C. Official Code § 10-111), in cases where the land transferred is adjacent to public space and
66		-	is part of a transportation improvement plan or project.”.
67		-	(3) Paragraph (2) is amended by striking the phrase “The Project Delivery
68		-	Administration may” and inserting the phrase “DDOT may” in its place.
69		-	(4) Paragraph (3) is amended as follows:
70		-	(A) The lead-in language is amended by striking the phrase “The
71		-	Operations Administration shall” and inserting the phrase “Pursuant to its responsibility for
72		-	transportation operations, DDOT shall” in its place.
73		-	(B) Subparagraph (G) is amended by striking the phrase “transportation
74		-	system infrastructure” and inserting the phrase “transportation infrastructure and maintain all
75		-	DDOT assets” in its place.
76		-	(5) Paragraph (4) is amended to read as follows:
77		-	“(4) Pursuant to its responsibility for agency administration, DDOT shall:
78		-	“(A) Perform financial planning, financial management, and budgeting
79		-	activities;
80		-	“(B) Perform functions relating to workforce development and the
81		-	management of human resources;
82		-	“(C) Support the contracting and procurement of goods and services
83		-	required to fulfill DDOT’s functions; and
84		-	“(D) Manage DDOT’s fleet, warehouses, and other facilities.”.
85		-	(6) Paragraph (5) is amended as follows:
86		-	(A) The lead-in language is amended by striking the phrase “The
87		-	Performance Administration shall” and inserting the phrase “Pursuant to its responsibility for
88		-	ensuring adequate performance of the other duties identified in this section, DDOT shall” in its
89		-	place. ENROLLED ORIGINAL
	42	+	(A) The lead-in language is amended by striking the phrase “The Project 31
	43	+	Delivery Administration shall” and inserting the phrase “Pursuant to its responsibility for 32
	44	+	transportation project delivery, DDOT shall” in its place. 33
	45	+	(B) Subparagraph (A) is amended to read as follows: 34
	46	+	“(A) Identify transportation needs of the District and design, manage, and 35
	47	+	implement transportation improvement plans and projects, including design, engineering, and 36
	48	+	related support;”. 37
	49	+	(C) Subparagraph (P) is amended by striking the phrase “on mass transit 38
	50	+	needs” and inserting the phrase “on transit policy, mass transit, and alternative transit needs” in 39
	51	+	its place. 40
	52	+	(D) Subparagraph (U) is amended by striking the phrase “; and” and 41
	53	+	inserting a semicolon in its place. 42
	54	+	(E) Subparagraph (V) is amended by striking the period and inserting a 43
	55	+	semicolon in its place. 44
	56	+	(F) New subparagraphs (W) and (X) are added to read as follows: 45
	57	+	“(W) Carry out duties related to freight and passenger rail, to the extent 46
	58	+	such authority has been delegated or required by federal law, and duties relating to State 47
	59	+	Transportation Environmental Compliance; and 48
	60	+	“(X) Manage, control, and implement transportation improvement plans 49
	61	+	and projects on land transferred from the federal government for recreational use 50 ENGROSSED ORIGINAL
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94	66
95		-	(B) A new subparagraph (E) is added to read as follows:
96		-	“(E) Provide customer service.”.
97		-	(7) New paragraphs (6) and (7) are added to read as follows:
98		-	“(6) The Director shall designate DDOT staff who are responsible for:
99		-	“(A) Providing legal counsel;
100		-	“(B) Civil rights matters;
101		-	“(C) Compliance with the Americans with Disabilities Act of 1990,
102		-	approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq.);
103		-	“(D) Senior and elderly affairs; and
104		-	“(E) Policy and legislative affairs.
105		-	“(7) The Director shall establish such offices and divisions as, in the Director’s
106		-	judgment, are appropriate to efficiently and soundly administer DDOT’s various
107		-	responsibilities.”.
108		-	(c) A new section 9t is added to read as follows:
109		-	“Sec. 9t. Adequate interest for transportation projects on National Park Service parkland.
110		-	“(a) When public roads and bridges on National Park Service (“NPS”) parkland entrusted
111		-	to the Mayor by Congress or NPS are in need of reconstruction or maintenance, the authority
112		-	given to the Mayor pursuant to section 2 of An act for the government of the District of
113		-	Columbia, and for other purposes, approved June 20, 1874 (18 Stat. 116; D.C. Official Code § 9-
114		-	101.02), shall be deemed to be an interest adequate to fulfill the purpose of the project within the
115		-	meaning of Title 23 of the U.S. Code or another applicable federal law.
116		-	“(b) Pursuant to subsection (a) of this section, the Mayor is authorized to operate and
117		-	maintain those public roads and bridges, including associated infrastructure, subject to applicable
118		-	permits from the National Park Service.”.
119		-
120		-	Sec. 3. Section 4(a) of the Vision Zero Enhancement Omnibus Amendment Act of 2020,
121		-	effective December 23, 2020 (D.C. Law 23-158; 67 DCR 13057), is amended as follows:
122		-	(a) Amended paragraph (2A) within paragraph (1) is amended by striking the phrase
123		-	“The Project Delivery Administration shall” and inserting the word “DDOT shall” in its place.
124		-	(b) Amended paragraph (3A) within paragraph (2) is amended by striking the phrase
125		-	“The Operations Administration shall” and inserting the word “DDOT shall” in its place.
126		-	(c) Amended paragraph (5) within paragraph (3) is amended as follows:
127		-	(1) Amended subparagraph (C)(ii) is amended by striking the period and inserting
128		-	a semicolon in its place.
129		-	(2) Amended subparagraph (D) is amended by striking the period and inserting
130		-	the phrase “; and” in its place.
131		-
132		-
133		-
134		-	ENROLLED ORIGINAL
	67	+	pursuant to 40 U.S.C. § 8124 and section 1 of An Act To authorize the transfer of jurisdiction 51
	68	+	over public land in the District of Columbia, approved May 20, 1932 (47 Stat. 161; 52
	69	+	D.C. Official Code § 10-111), in cases where the land transferred is adjacent to public space and 53
	70	+	is part of a transportation improvement plan or project.”. 54
	71	+	(3) Paragraph (2) is amended by striking the phrase “The Project Delivery 55
	72	+	Administration may” and inserting the word “DDOT may” in its place. 56
	73	+	(4) Paragraph (3) is amended as follows: 57
	74	+	(A) The lead-in language is amended by striking the phrase “The 58
	75	+	Operations Administration shall” and inserting the phrase “Pursuant to its responsibility for 59
	76	+	transportation operations, DDOT shall” in its place. 60
	77	+	(B) Subparagraph (G) is amended by striking the phrase “transportation 61
	78	+	system infrastructure” and inserting the phrase “transportation infrastructure and maintain all 62
	79	+	DDOT assets” in its place. 63
	80	+	(5) Paragraph (4) is amended to read as follows: 64
	81	+	“(4) Pursuant to its responsibility for agency administration, DDOT shall: 65
	82	+	“(A) Perform financial planning, financial management, and budgeting 66
	83	+	activities; 67
	84	+	“(B) Perform functions relating to workforce development and the 68
	85	+	management of human resources; 69 ENGROSSED ORIGINAL
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136	87
137	88
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139	90
140		-	Sec. 4. Fiscal impact statement.
141		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
142		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
143		-	approved October 16, 1975 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
144		-
145		-	Sec 5. Effective date.
146		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
147		-	Mayor, action by the Council to override the veto) and a 30-day period of congressional review
148		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
149		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
	91	+	“(C) Support the contracting and procurement of goods and services 70
	92	+	required to fulfill DDOT’s functions; and 71
	93	+	“(D) Manage DDOT’s fleet, warehouses, and other facilities.”. 72
	94	+	(6) Paragraph (5) is amended as follows: 73
	95	+	(A) The lead-in language is amended by striking the phrase “The 74
	96	+	Performance Administration shall” and inserting the phrase “Pursuant to its responsibility for 75
	97	+	ensuring adequate performance of the other duties identified in this section, DDOT shall” in its 76
	98	+	place. 77
	99	+	(B) A new subparagraph (E) is added to read as follows: 78
	100	+	“(E) Provide customer service.”. 79
	101	+	(7) New paragraphs (6) and (7) are added to read as follows: 80
	102	+	“(6) The Director shall designate DDOT staff who are responsible for: 81
	103	+	“(A) Providing legal counsel; 82
	104	+	“(B) Civil rights matters; 83
	105	+	“(C) Compliance with the Americans with Disabilities Act of 1990, 84
	106	+	approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq.); 85
	107	+	“(D) Senior and elderly affairs; and 86
	108	+	“(E) Policy and legislative affairs. 87 ENGROSSED ORIGINAL
150	109
151	110
152	111
153		-	______________________________
154		-	Chairman
155		-	Council of the District of Columbia
	112	+	5
	113	+
	114	+	“(7) The Director shall establish such offices and divisions as, in the Director’s 88
	115	+	judgment, are appropriate to efficiently and soundly administer DDOT’s various 89
	116	+	responsibilities.”. 90
	117	+	(c) A new section 9t is added to read as follows: 91
	118	+	“Sec. 9t. Adequate interest for transportation projects on National Park Service parkland. 92
	119	+	“(a) When public roads and bridges on National Park Service (“NPS”) parkland entrusted 93
	120	+	to the Mayor by Congress or NPS are in need of reconstruction or maintenance, the authority 94
	121	+	given to the Mayor pursuant to section 2 of An act for the government of the District of 95
	122	+	Columbia, and for other purposes, approved June 20, 1874 (18 Stat. 116; D.C. Official Code § 9-96
	123	+	101.02), shall be deemed to be an interest adequate to fulfill the purpose of the project within the 97
	124	+	meaning of Title 23 of the U.S. Code or another applicable federal law. 98
	125	+	“(b) Pursuant to subsection (a) of this section, the Mayor is authorized to operate and 99
	126	+	maintain those public roads and bridges, including associated infrastructure, subject to applicable 100
	127	+	permits from the National Park Service.”. 101
	128	+	Sec. 3. Section 4(a) of the Vision Zero Enhancement Omnibus Amendment Act of 2020, 102
	129	+	effective December 23, 2020 (D.C. Law 23-158; 67 DCR 13057), is amended as follows: 103
	130	+	(a) Amended paragraph (2A) within paragraph (1) is amended by striking the phrase 104
	131	+	“The Project Delivery Administration shall” and inserting the word “DDOT shall” in its place. 105
	132	+	(b) Amended paragraph (3A) within paragraph (2) is amended by striking the phrase 106
	133	+	“The Operations Administration shall” and inserting the word “DDOT shall” in its place. 107 ENGROSSED ORIGINAL
156	134
157	135
158	136
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159	138
160		-
161		-	_________________________________
162		-	Mayor
163		-	District of Columbia
164		-
165		-
166		-
	139	+	(c) Amended paragraph (5) within paragraph (3) is amended as follows: 108
	140	+	(1) Amended subparagraph (C)(ii) is amended by striking the period and inserting 109
	141	+	a semicolon in its place. 110
	142	+	(2) Amended subparagraph (D) is amended by striking the period and inserting 111
	143	+	the phrase “; and” in its place. 112
	144	+	Sec. 4. Fiscal impact statement. 113
	145	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 114
	146	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 115
	147	+	approved October 16, 1975 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 116
	148	+	Sec 5. Effective date. 117
	149	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 118
	150	+	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 119
	151	+	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 120
	152	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1). 121