District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0891 Introduced / Bill

Filed 07/05/2024

                     
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                                             Councilmember Charles Allen 3 
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A BILL 6 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10 
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To amend, on a temporary basis, the Department of Transportation Establishment Act of 2002 to 15 
provide the Director of the District Department of Transportation (“DDOT”) with greater 16 
discretion to delegate the agency’s duties and responsibilities, to provide the DDOT 17 
Director with the authority to construct, maintain, and control DDOT infrastructure on land 18 
transferred from the federal government for recreational purposes in cases where the land 19 
transferred is adjacent to public space and is part of a transportation improvement plan or 20 
project, and to provide that the District has an adequate interest sufficient to meet federal 21 
highway funding requirements in federal parkland where transportation infrastructure 22 
projects are located; and to amend the Vision Zero Enhancement Omnibus Amendment 23 
Act of 2020 to provide the Director of DDOT with greater discretion to delegate the 24 
agency’s duties and responsibilities. 25 
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 27 
act may be cited as the “Transportation Improvements Temporary Amendment Act of 2024”.  28 
Sec. 2. The Department of Transportation Establishment Act of 2002, effective May 21, 29 
2002 (D.C. Law 14-137; D.C. Official Code § 50–921.01 et seq.), is amended as follows: 30 
(a)  Section 4 (D.C. Official Code § 50-921.03) is repealed. 31 
(b)  Section 5(a) (D.C. Official Code § 50-921.04(a)) is amended as follows: 32 
 (1) The lead-in language is amended by striking the phrase “The offices of DDOT 33 
shall” and inserting the phrase “DDOT shall” in its place. 34 
 (2) Paragraph (1) is amended as follows: 35   
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 (A) The lead-in language is amended by striking the phrase “The Project 36 
Delivery Administration shall” and inserting the phrase “Pursuant to its responsibility for 37 
transportation project delivery, DDOT shall:” in its place. 38 
(B)  Subparagraph (A) is amended to read as follows: 39 
“(A) Identify transportation needs of the District and design, manage, and 40 
implement transportation improvement plans and projects, including design, engineering, and 41 
related support;”. 42 
(C) Subparagraph (P) is amended by striking the phrase “on mass transit 43 
needs” and inserting the phrase “on transit policy, mass transit, and alternative transit needs” in its 44 
place. 45 
(D) Subparagraph (U) is amended by striking the phrase “; and” and 46 
inserting a semicolon in its place.   47 
(E)  Subparagraph (V) is amended by striking the period and inserting a 48 
semicolon in its place. 49 
(F) New subparagraphs (W) and (X) are added to read as follows: 50 
“(W) Carry out duties related to freight and passenger rail, to the extent such 51 
authority has been delegated or required by federal law, and duties relating to State Transportation 52 
Environmental Compliance; and 53 
“(X) Manage, control, and implement transportation improvement plans 54 
and projects on land transferred from the federal government for recreational use 55 
pursuant to 40 U.S.C. § 8124 and section 1 of An Act To authorize the transfer of jurisdiction over 56 
public land in the District of Columbia, approved May 20, 1932 (47 Stat. 161; 57   
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D.C. Official Code § 10-111), in cases where the land transferred is adjacent to public space and 58 
is part of a transportation improvement plan or project.”. 59 
(3) Paragraph (2) is amended by striking the phrase “The Project Delivery 60 
Administration may” and inserting the word “DDOT may” in its place. 61 
(4) Paragraph (3) is amended as follows:  62 
(A) The lead-in language is amended by striking the phrase “The Operations 63 
Administration shall” and inserting the phrase “Pursuant to its responsibility for transportation 64 
operations, DDOT shall” in its place. 65 
(B) Subparagraph (G) is amended by striking the phrase “transportation 66 
system infrastructure” and inserting the phrase “transportation infrastructure and maintain all 67 
DDOT assets” in its place.   68 
(5) Paragraph (4) is amended to read as follows: 69 
 “(4) Pursuant to its responsibility for agency administration, DDOT shall: 70 
“(A) Perform financial planning, financial management, and budgeting 71 
activities; 72 
“(B) Perform functions relating to workforce development and the 73 
management of human resources; 74 
“(C) Support the contracting and procurement of goods and services 75 
required to fulfill DDOT’s functions; and 76 
“(D) Manage DDOT’s fleet, warehouses, and other facilities.”. 77 
 (6) Paragraph (5) is amended as follows: 78 
(A) The lead-in language is amended by striking the phrase “The 79 
Performance Administration shall” and inserting the phrase “Pursuant to its responsibility for 80   
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ensuring adequate performance of the other duties identified in this section, DDOT shall” in its 81 
place. 82 
(B)  A new subparagraph (E) is added to read as follows: 83 
 “(E) Provide customer service.”. 84 
 (7) New paragraphs (6) and (7) are added to read as follows: 85 
“(6) The Director shall designate DDOT staff who are responsible for: 86 
“(A) Providing legal counsel; 87 
“(B) Civil rights matters; 88 
“(C) Compliance with the Americans with Disabilities Act of 1990, 89 
approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq.); 90 
“(D) Senior and elderly affairs; and  91 
“(E) Policy and legislative affairs. 92 
“(7) The Director shall establish such offices and divisions as, in the Director’s 93 
judgment, are appropriate to efficiently and soundly administer DDOT’s various responsibilities.”. 94 
(c)  A new section 9t is added to read as follows: 95 
“Sec. 9t. Adequate interest for transportation projects on National Park Service parkland.   96 
“(a) When public roads and bridges on National Park Service (“NPS”) parkland entrusted 97 
to the Mayor by Congress or NPS are in need of reconstruction or maintenance, the authority given 98 
to the Mayor pursuant to section 2 of An act for the government of the District of Columbia, and 99 
for other purposes, approved June 20, 1874 (18 Stat. 116; D.C. Official Code § 9-101.02), shall be 100 
deemed to be an interest adequate to fulfill the purpose of the project within the meaning of Title 101 
23 of the U.S. Code or another applicable federal law.    102   
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“(b) Pursuant to subsection (a) of this section, the Mayor is authorized to operate and 103 
maintain those public roads and bridges, including associated infrastructure, subject to applicable 104 
permits from the National Park Service.”. 105 
Sec. 3. Section 4(a) of the Vision Zero Enhancement Omnibus Amendment Act of 2020, 106 
effective December 23, 2020 (D.C. Law 23-158; 67 DCR 13057), is amended as follows: 107 
(a) Amended paragraph (2A) within paragraph (1) is amended by striking the phrase “The 108 
Project Delivery Administration shall” and inserting the word “DDOT shall” in its place. 109 
(b)  Amended paragraph (3A) within paragraph (2) is amended by striking the phrase “The 110 
Operations Administration shall” and inserting the word “DDOT shall” in its place. 111 
(c) Amended paragraph (5) within paragraph (3) is amended as follows: 112 
(1) Amended subparagraph (C)(ii) is amended by striking the period and inserting 113 
a semicolon in its place. 114 
(2) Amended subparagraph (D) is amended by striking the period and inserting the 115 
phrase “; and” in its place.  116 
Sec. 4. Fiscal impact statement. 117 
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 118 
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 119 
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 120 
Sec. 5. Effective date.  121 
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 122 
the Mayor, action by the Council to override the veto), a 30-day period of congressional review as 123 
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 124   
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1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 125 
Columbia Register.  126 
(b) This act shall expire after 225 days of its having taken effect. 127