District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0967 Introduced / Bill

Filed 09/30/2024

                     
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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 an emergency basis, due to congressional review, the Department of Transportation 15 
Establishment Act of 2002 to provide the Director of the District Department of 16 
Transportation (“DDOT”) with greater discretion to delegate the agency’s duties and 17 
responsibilities, to provide the DDOT Director with the authority to construct, maintain, 18 
and control DDOT infrastructure on land transferred from the federal government for 19 
recreational purposes in cases where the land transferred is adjacent to public space and is 20 
part of a transportation improvement plan or project, and to provide that the District has an 21 
adequate interest sufficient to meet federal highway funding requirements in federal 22 
parkland where transportation infrastructure projects are located; and to amend the Vision 23 
Zero Enhancement Omnibus Amendment Act of 2020 to provide the Director of DDOT 24 
with greater discretion to delegate the 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 Congressional Review Emergency 28 
Amendment Act of 2024”.  29 
Sec. 2. The Department of Transportation Establishment Act of 2002, effective May 21, 30 
2002 (D.C. Law 14-137; D.C. Official Code § 50–921.01 et seq.), is amended as follows: 31 
(a)  Section 4 (D.C. Official Code § 50-921.03) is repealed. 32 
(b)  Section 5(a) (D.C. Official Code § 50-921.04(a)) is amended as follows: 33 
 (1) The lead-in language is amended by striking the phrase “The offices of DDOT 34 
shall” and inserting the phrase “DDOT shall” in its place. 35   
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 (2) Paragraph (1) is amended as follows: 36 
 (A) The lead-in language is amended by striking the phrase “The Project 37 
Delivery Administration shall” and inserting the phrase “Pursuant to its responsibility for 38 
transportation project delivery, DDOT shall” in its place. 39 
(B)  Subparagraph (A) is amended to read as follows: 40 
“(A) Identify transportation needs of the District and design, manage, and 41 
implement transportation improvement plans and projects, including design, engineering, and 42 
related support;”. 43 
(C) Subparagraph (P) is amended by striking the phrase “on mass transit 44 
needs” and inserting the phrase “on transit policy, mass transit, and alternative transit needs” in its 45 
place. 46 
(D) Subparagraph (U) is amended by striking the phrase “; and” and 47 
inserting a semicolon in its place.   48 
(E)  Subparagraph (V) is amended by striking the period and inserting a 49 
semicolon in its place. 50 
(F) New subparagraphs (W) and (X) are added to read as follows: 51 
“(W) Carry out duties related to freight and passenger rail, to the extent such 52 
authority has been delegated or required by federal law, and duties relating to State Transportation 53 
Environmental Compliance; and 54 
“(X) Manage, control, and implement transportation improvement plans 55 
and projects on land transferred from the federal government for recreational use 56 
pursuant to 40 U.S.C. § 8124 and section 1 of An Act To authorize the transfer of jurisdiction over 57   
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public land in the District of Columbia, approved May 20, 1932 (47 Stat. 161; 58 
D.C. Official Code § 10-111), in cases where the land transferred is adjacent to public space and 59 
is part of a transportation improvement plan or project.”. 60 
(3) Paragraph (2) is amended by striking the phrase “The Project Delivery 61 
Administration may” and inserting the word “DDOT may” in its place. 62 
(4) Paragraph (3) is amended as follows:  63 
(A) The lead-in language is amended by striking the phrase “The Operations 64 
Administration shall” and inserting the phrase “Pursuant to its responsibility for transportation 65 
operations, DDOT shall” in its place. 66 
(B) Subparagraph (G) is amended by striking the phrase “transportation 67 
system infrastructure” and inserting the phrase “transportation infrastructure and maintain all 68 
DDOT assets” in its place.   69 
(5) Paragraph (4) is amended to read as follows: 70 
“(4) Pursuant to its responsibility for agency administration, DDOT shall: 71 
“(A) Perform financial planning, financial management, and budgeting 72 
activities; 73 
“(B) Perform functions relating to workforce development and the 74 
management of human resources; 75 
“(C) Support the contracting and procurement of goods and services 76 
required to fulfill DDOT’s functions; and 77 
“(D) Manage DDOT’s fleet, warehouses, and other facilities.”. 78 
 (6) Paragraph (5) is amended as follows: 79   
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(A) The lead-in language is amended by striking the phrase “The 80 
Performance Administration shall” and inserting the phrase “Pursuant to its responsibility for 81 
ensuring adequate performance of the other duties identified in this section, DDOT shall” in its 82 
place. 83 
(B)  A new subparagraph (E) is added to read as follows: 84 
 “(E) Provide customer service.”. 85 
 (7) New paragraphs (6) and (7) are added to read as follows: 86 
“(6) The Director shall designate DDOT staff who are responsible for: 87 
“(A) Providing legal counsel; 88 
“(B) Civil rights matters; 89 
“(C) Compliance with the Americans with Disabilities Act of 1990, 90 
approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq.); 91 
“(D) Senior and elderly affairs; and  92 
“(E) Policy and legislative affairs. 93 
“(7) The Director shall establish such offices and divisions as, in the Director’s 94 
judgment, are appropriate to efficiently and soundly administer DDOT’s various responsibilities.”. 95 
(c)  A new section 9t is added to read as follows: 96 
“Sec. 9t. Adequate interest for transportation projects on National Park Service parkland.   97 
“(a) When public roads and bridges on National Park Service (“NPS”) parkland entrusted 98 
to the Mayor by Congress or NPS are in need of reconstruction or maintenance, the authority given 99 
to the Mayor pursuant to section 2 of An act for the government of the District of Columbia, and 100 
for other purposes, approved June 20, 1874 (18 Stat. 116; D.C. Official Code § 9-101.02), shall be 101   
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deemed to be an interest adequate to fulfill the purpose of the project within the meaning of Title 102 
23 of the U.S. Code or another applicable federal law.    103 
“(b) Pursuant to subsection (a) of this section, the Mayor is authorized to operate and 104 
maintain those public roads and bridges, including associated infrastructure, subject to applicable 105 
permits from the National Park Service.”. 106 
Sec. 3. Section 4(a) of the Vision Zero Enhancement Omnibus Amendment Act of 2020, 107 
effective December 23, 2020 (D.C. Law 23-158; 67 DCR 13057), is amended as follows: 108 
(a) Amended paragraph (2A) within paragraph (1) is amended by striking the phrase “The 109 
Project Delivery Administration shall” and inserting the word “DDOT shall” in its place. 110 
(b)  Amended paragraph (3A) within paragraph (2) is amended by striking the phrase “The 111 
Operations Administration shall” and inserting the word “DDOT shall” in its place. 112 
(c) Amended paragraph (5) within paragraph (3) is amended as follows: 113 
(1) Amended subparagraph (C)(ii) is amended by striking the period and inserting 114 
a semicolon in its place. 115 
(2) Amended subparagraph (D) is amended by striking the period and inserting the 116 
phrase “; and” in its place.  117 
Sec. 4. Fiscal impact statement. 118 
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 119 
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 120 
October 16, 2006 (120 Stat. 2038; D.C. Official Code § l-301.47a). 121 
Sec. 5. Effective date. 122   
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This act shall take effect following approval by the Mayor (or in the event of veto by the 123 
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 124 
90 days, as provided for emergency acts of the Council of the District of Columbia in section 125 
412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 126 
D.C. Official Code § 1-204.12(a)). 127