1 1 ________________________________ 2 Councilmember Charles Allen 3 4 5 A BILL 6 7 _______ 8 9 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10 11 __________________ 12 13 14 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 26 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D.C. Official Code § 50–921.01 et seq.), is amended as follows: 31 (a) Section 4 (D.C. Official Code § 50-921.03) is repealed. 32 (b) Section 5(a) (D.C. Official Code § 50-921.04(a)) is amended as follows: 33 (1) The lead-in language is amended by striking the phrase “The offices of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 2 (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 3 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 4 (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 5 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 6 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