District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0967 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2		-
3		-
4	1
5	2		1
6	3
7		-	AN ACT
8		-
9		-	______________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	________________________
14		-
15		-
16		-	To amend, on an emergency basis, due to congressional review, the Department of
17		-	Transportation Establishment Act of 2002 to provide the Director of the District
18		-	Department of Transportation (“DDOT”) with greater discretion to delegate the agency’s
19		-	duties and responsibilities, to provide the DDOT Director with the authority to construct,
20		-	maintain, and control DDOT infrastructure on land transferred from the federal
21		-	government for recreational purposes in cases where the land transferred is adjacent to
22		-	public space and is part of a transportation improvement plan or project, and to provide
23		-	that the District has an adequate interest sufficient to meet federal highway funding
24		-	requirements in federal parkland where transportation infrastructure projects are located;
25		-	and to amend the Vision Zero Enhancement Omnibus Amendment Act of 2020 to
26		-	provide the Director of DDOT with greater discretion to delegate the agency’s duties and
27		-	responsibilities.
28		-
29		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
30		-	act may be cited as the “Transportation Improvements Congressional Review Emergency
31		-	Amendment Act of 2024”.
32		-
33		-	Sec. 2. The Department of Transportation Establishment Act of 2002, effective May 21,
34		-	2002 (D.C. Law 14-137; D.C. Official Code § 50–921.01 et seq.), is amended as follows:
35		-	(a) Section 4 (D.C. Official Code § 50-921.03) is repealed.
36		-	(b) Section 5(a) (D.C. Official Code § 50-921.04(a)) is amended as follows:
37		-	(1) The lead-in language is amended by striking the phrase “The offices of DDOT
38		-	shall” and inserting the phrase “DDOT shall” in its place.
39		-	(2) Paragraph (1) is amended as follows:
40		-	(A) The lead-in language is amended by striking the phrase “The Project
41		-	Delivery Administration shall” and inserting the phrase “Pursuant to its responsibility for
42		-	transportation project delivery, DDOT shall” in its place.
43		-	(B) Subparagraph (A) is amended to read as follows:
44		-	“(A) Identify transportation needs of the District and design, manage, and
45		-	implement transportation improvement plans and projects, including design, engineering, and
46		-	related support;”. ENROLLED ORIGINAL
47		-
48		-
49		-
	4	+	1
	5	+	________________________________ 2
	6	+	Councilmember Charles Allen 3
	7	+	4
	8	+	5
	9	+	A BILL 6
	10	+	7
	11	+	_______ 8
	12	+	9
	13	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
	14	+	11
	15	+	__________________ 12
	16	+	13
	17	+	14
	18	+	To amend, on an emergency basis, due to congressional review, the Department of Transportation 15
	19	+	Establishment Act of 2002 to provide the Director of the District Department of 16
	20	+	Transportation (“DDOT”) with greater discretion to delegate the agency’s duties and 17
	21	+	responsibilities, to provide the DDOT Director with the authority to construct, maintain, 18
	22	+	and control DDOT infrastructure on land transferred from the federal government for 19
	23	+	recreational purposes in cases where the land transferred is adjacent to public space and is 20
	24	+	part of a transportation improvement plan or project, and to provide that the District has an 21
	25	+	adequate interest sufficient to meet federal highway funding requirements in federal 22
	26	+	parkland where transportation infrastructure projects are located; and to amend the Vision 23
	27	+	Zero Enhancement Omnibus Amendment Act of 2020 to provide the Director of DDOT 24
	28	+	with greater discretion to delegate the agency’s duties and responsibilities. 25
	29	+	26
	30	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 27
	31	+	act may be cited as the “Transportation Improvements Congressional Review Emergency 28
	32	+	Amendment Act of 2024”. 29
	33	+	Sec. 2. The Department of Transportation Establishment Act of 2002, effective May 21, 30
	34	+	2002 (D.C. Law 14-137; D.C. Official Code § 50–921.01 et seq.), is amended as follows: 31
	35	+	(a) Section 4 (D.C. Official Code § 50-921.03) is repealed. 32
	36	+	(b) Section 5(a) (D.C. Official Code § 50-921.04(a)) is amended as follows: 33
	37	+	(1) The lead-in language is amended by striking the phrase “The offices of DDOT 34
	38	+	shall” and inserting the phrase “DDOT shall” in its place. 35
50	39		2
51	40
52		-	(C) Subparagraph (P) is amended by striking the phrase “on mass transit
53		-	needs” and inserting the phrase “on transit policy, mass transit, and alternative transit needs” in
54		-	its place.
55		-	(D) Subparagraph (U) is amended by striking the phrase “; and” and
56		-	inserting a semicolon in its place.
57		-	(E) Subparagraph (V) is amended by striking the period and inserting a
58		-	semicolon in its place.
59		-	(F) New subparagraphs (W) and (X) are added to read as follows:
60		-	“(W) Carry out duties related to freight and passenger rail, to the extent
61		-	such authority has been delegated or required by federal law, and duties relating to State
62		-	Transportation Environmental Compliance; and
63		-	“(X) Manage, control, and implement transportation improvement plans
64		-	and projects on land transferred from the federal government for recreational use
65		-	pursuant to 40 U.S.C. § 8124 and section 1 of An Act To authorize the transfer of jurisdiction
66		-	over public land in the District of Columbia, approved May 20, 1932 (47 Stat. 161;
67		-	D.C. Official Code § 10-111), in cases where the land transferred is adjacent to public space and
68		-	is part of a transportation improvement plan or project.”.
69		-	(3) Paragraph (2) is amended by striking the phrase “The Project Delivery
70		-	Administration may” and inserting the phrase “DDOT may” in its place.
71		-	(4) Paragraph (3) is amended as follows:
72		-	(A) The lead-in language is amended by striking the phrase “The
73		-	Operations Administration shall” and inserting the phrase “Pursuant to its responsibility for
74		-	transportation operations, DDOT shall” in its place.
75		-	(B) Subparagraph (G) is amended by striking the phrase “transportation
76		-	system infrastructure” and inserting the phrase “transportation infrastructure and maintain all
77		-	DDOT assets” in its place.
78		-	(5) Paragraph (4) is amended to read as follows:
79		-	“(4) Pursuant to its responsibility for agency administration, DDOT shall:
80		-	“(A) Perform financial planning, financial management, and budgeting
81		-	activities;
82		-	“(B) Perform functions relating to workforce development and the
83		-	management of human resources;
84		-	“(C) Support the contracting and procurement of goods and services
85		-	required to fulfill DDOT’s functions; and
86		-	“(D) Manage DDOT’s fleet, warehouses, and other facilities.”.
87		-	(6) Paragraph (5) is amended as follows:
88		-	(A) The lead-in language is amended by striking the phrase “The
89		-	Performance Administration shall” and inserting the phrase “Pursuant to its responsibility for
90		-	ensuring adequate performance of the other duties identified in this section, DDOT shall” in its
91		-	place. ENROLLED ORIGINAL
92		-
93		-
94		-
	41	+	(2) Paragraph (1) is amended as follows: 36
	42	+	(A) The lead-in language is amended by striking the phrase “The Project 37
	43	+	Delivery Administration shall” and inserting the phrase “Pursuant to its responsibility for 38
	44	+	transportation project delivery, DDOT shall” in its place. 39
	45	+	(B) Subparagraph (A) is amended to read as follows: 40
	46	+	“(A) Identify transportation needs of the District and design, manage, and 41
	47	+	implement transportation improvement plans and projects, including design, engineering, and 42
	48	+	related support;”. 43
	49	+	(C) Subparagraph (P) is amended by striking the phrase “on mass transit 44
	50	+	needs” and inserting the phrase “on transit policy, mass transit, and alternative transit needs” in its 45
	51	+	place. 46
	52	+	(D) Subparagraph (U) is amended by striking the phrase “; and” and 47
	53	+	inserting a semicolon in its place. 48
	54	+	(E) Subparagraph (V) is amended by striking the period and inserting a 49
	55	+	semicolon in its place. 50
	56	+	(F) New subparagraphs (W) and (X) are added to read as follows: 51
	57	+	“(W) Carry out duties related to freight and passenger rail, to the extent such 52
	58	+	authority has been delegated or required by federal law, and duties relating to State Transportation 53
	59	+	Environmental Compliance; and 54
	60	+	“(X) Manage, control, and implement transportation improvement plans 55
	61	+	and projects on land transferred from the federal government for recreational use 56
	62	+	pursuant to 40 U.S.C. § 8124 and section 1 of An Act To authorize the transfer of jurisdiction over 57
95	63		3
96	64
97		-	(B) A new subparagraph (E) is added to read as follows:
98		-	“(E) Provide customer service.”.
99		-	(7) New paragraphs (6) and (7) are added to read as follows:
100		-	“(6) The Director shall designate DDOT staff who are responsible for:
101		-	“(A) Providing legal counsel;
102		-	“(B) Civil rights matters;
103		-	“(C) Compliance with the Americans with Disabilities Act of 1990,
104		-	approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq.);
105		-	“(D) Senior and elderly affairs; and
106		-	“(E) Policy and legislative affairs.
107		-	“(7) The Director shall establish such offices and divisions as, in the Director’s
108		-	judgment, are appropriate to efficiently and soundly administer DDOT’s various
109		-	responsibilities.”.
110		-	(c) A new section 9t is added to read as follows:
111		-	“Sec. 9t. Adequate interest for transportation projects on National Park Service parkland.
112		-	“(a) When public roads and bridges on National Park Service (“NPS”) parkland entrusted
113		-	to the Mayor by Congress or NPS are in need of reconstruction or maintenance, the authority
114		-	given to the Mayor pursuant to section 2 of An act for the government of the District of
115		-	Columbia, and for other purposes, approved June 20, 1874 (18 Stat. 116; D.C. Official Code § 9-
116		-	101.02), shall be deemed to be an interest adequate to fulfill the purpose of the project within the
117		-	meaning of Title 23 of the U.S. Code or another applicable federal law.
118		-	“(b) Pursuant to subsection (a) of this section, the Mayor is authorized to operate and
119		-	maintain those public roads and bridges, including associated infrastructure, subject to applicable
120		-	permits from the National Park Service.”.
121		-
122		-	Sec. 3. Section 4(a) of the Vision Zero Enhancement Omnibus Amendment Act of 2020,
123		-	effective December 23, 2020 (D.C. Law 23-158; 67 DCR 13057), is amended as follows:
124		-	(a) Amended paragraph (2A) within paragraph (1) is amended by striking the phrase
125		-	“The Project Delivery Administration shall” and inserting the word “DDOT shall” in its place.
126		-	(b) Amended paragraph (3A) within paragraph (2) is amended by striking the phrase
127		-	“The Operations Administration shall” and inserting the word “DDOT shall” in its place.
128		-	(c) Amended paragraph (5) within paragraph (3) is amended as follows:
129		-	(1) Amended subparagraph (C)(ii) is amended by striking the period and inserting
130		-	a semicolon in its place.
131		-	(2) Amended subparagraph (D) is amended by striking the period and inserting
132		-	the phrase “; and” in its place.
133		-
134		-
135		-
136		-	ENROLLED ORIGINAL
137		-
138		-
139		-
	65	+	public land in the District of Columbia, approved May 20, 1932 (47 Stat. 161; 58
	66	+	D.C. Official Code § 10-111), in cases where the land transferred is adjacent to public space and 59
	67	+	is part of a transportation improvement plan or project.”. 60
	68	+	(3) Paragraph (2) is amended by striking the phrase “The Project Delivery 61
	69	+	Administration may” and inserting the word “DDOT may” in its place. 62
	70	+	(4) Paragraph (3) is amended as follows: 63
	71	+	(A) The lead-in language is amended by striking the phrase “The Operations 64
	72	+	Administration shall” and inserting the phrase “Pursuant to its responsibility for transportation 65
	73	+	operations, DDOT shall” in its place. 66
	74	+	(B) Subparagraph (G) is amended by striking the phrase “transportation 67
	75	+	system infrastructure” and inserting the phrase “transportation infrastructure and maintain all 68
	76	+	DDOT assets” in its place. 69
	77	+	(5) Paragraph (4) is amended to read as follows: 70
	78	+	“(4) Pursuant to its responsibility for agency administration, DDOT shall: 71
	79	+	“(A) Perform financial planning, financial management, and budgeting 72
	80	+	activities; 73
	81	+	“(B) Perform functions relating to workforce development and the 74
	82	+	management of human resources; 75
	83	+	“(C) Support the contracting and procurement of goods and services 76
	84	+	required to fulfill DDOT’s functions; and 77
	85	+	“(D) Manage DDOT’s fleet, warehouses, and other facilities.”. 78
	86	+	(6) Paragraph (5) is amended as follows: 79
140	87		4
141	88
142		-	Sec. 4. Fiscal impact statement.
143		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
144		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
145		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § l-301.47a).
	89	+	(A) The lead-in language is amended by striking the phrase “The 80
	90	+	Performance Administration shall” and inserting the phrase “Pursuant to its responsibility for 81
	91	+	ensuring adequate performance of the other duties identified in this section, DDOT shall” in its 82
	92	+	place. 83
	93	+	(B) A new subparagraph (E) is added to read as follows: 84
	94	+	“(E) Provide customer service.”. 85
	95	+	(7) New paragraphs (6) and (7) are added to read as follows: 86
	96	+	“(6) The Director shall designate DDOT staff who are responsible for: 87
	97	+	“(A) Providing legal counsel; 88
	98	+	“(B) Civil rights matters; 89
	99	+	“(C) Compliance with the Americans with Disabilities Act of 1990, 90
	100	+	approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq.); 91
	101	+	“(D) Senior and elderly affairs; and 92
	102	+	“(E) Policy and legislative affairs. 93
	103	+	“(7) The Director shall establish such offices and divisions as, in the Director’s 94
	104	+	judgment, are appropriate to efficiently and soundly administer DDOT’s various responsibilities.”. 95
	105	+	(c) A new section 9t is added to read as follows: 96
	106	+	“Sec. 9t. Adequate interest for transportation projects on National Park Service parkland. 97
	107	+	“(a) When public roads and bridges on National Park Service (“NPS”) parkland entrusted 98
	108	+	to the Mayor by Congress or NPS are in need of reconstruction or maintenance, the authority given 99
	109	+	to the Mayor pursuant to section 2 of An act for the government of the District of Columbia, and 100
	110	+	for other purposes, approved June 20, 1874 (18 Stat. 116; D.C. Official Code § 9-101.02), shall be 101
	111	+	5
146	112
147		-	Sec. 5. Effective date.
148		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
149		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
150		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
151		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
152		-	D.C. Official Code § 1-204.12(a)).
	113	+	deemed to be an interest adequate to fulfill the purpose of the project within the meaning of Title 102
	114	+	23 of the U.S. Code or another applicable federal law. 103
	115	+	“(b) Pursuant to subsection (a) of this section, the Mayor is authorized to operate and 104
	116	+	maintain those public roads and bridges, including associated infrastructure, subject to applicable 105
	117	+	permits from the National Park Service.”. 106
	118	+	Sec. 3. Section 4(a) of the Vision Zero Enhancement Omnibus Amendment Act of 2020, 107
	119	+	effective December 23, 2020 (D.C. Law 23-158; 67 DCR 13057), is amended as follows: 108
	120	+	(a) Amended paragraph (2A) within paragraph (1) is amended by striking the phrase “The 109
	121	+	Project Delivery Administration shall” and inserting the word “DDOT shall” in its place. 110
	122	+	(b) Amended paragraph (3A) within paragraph (2) is amended by striking the phrase “The 111
	123	+	Operations Administration shall” and inserting the word “DDOT shall” in its place. 112
	124	+	(c) Amended paragraph (5) within paragraph (3) is amended as follows: 113
	125	+	(1) Amended subparagraph (C)(ii) is amended by striking the period and inserting 114
	126	+	a semicolon in its place. 115
	127	+	(2) Amended subparagraph (D) is amended by striking the period and inserting the 116
	128	+	phrase “; and” in its place. 117
	129	+	Sec. 4. Fiscal impact statement. 118
	130	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 119
	131	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 120
	132	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § l-301.47a). 121
	133	+	Sec. 5. Effective date. 122
	134	+	6
153	135
154		-
155		-
156		-	______________________________
157		-	Chairman
158		-	Council of the District of Columbia
159		-
160		-
161		-
162		-
163		-
164		-	_________________________________
165		-	Mayor
166		-	District of Columbia
167		-
168		-
169		-
	136	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 123
	137	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 124
	138	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 125
	139	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 126
	140	+	D.C. Official Code § 1-204.12(a)). 127