Code of the District of Columbia

§ 50–921.02. Director.

(a) The DDOT shall be headed by a Director. The Director shall be appointed by the Mayor with the advice and consent of the Council pursuant to § 1-523.01(a).

(b) The Director shall have authority over DDOT, its functions and personnel, including the power to re-delegate to employees authority as, in the judgment of the Director, is warranted in the interests of efficiency and sound administration.

(c)(1) The Director may issue grants not to exceed $1 million per grant to achieve the District’s transportation goals, including safety objectives.

(2) No later than December 31 of each year, the Mayor shall submit to the Council an annual report specifying for each grant awarded by the District Department of Transportation in the prior fiscal year the following information:

(A) The name of the recipient;

(B) The amount awarded;

(C) The purpose for the grant awarded;

(D) A description of outcomes to be achieved with the funds of the grant; and

(E) An evaluation of whether the identified outcomes have been achieved with the grant.

(3) Notwithstanding paragraph (1) of this subsection, the Director may issue sole source subgrants in excess of $1 million to the Union Station Redevelopment Corporation for the purpose of improving Union Station; provided, that the grants are federal grants and that the Union Station Redevelopment Corporation provides any necessary match.

(4) Notwithstanding paragraph (1) of this subsection, the Director may issue grants, including grants in excess of $1 million, for the purpose of improving the portion of Half Street, S.E., between N Street, S.E., and M Street, S.E., to the Capitol Riverfront Business Improvement District or to an owner of real property adjacent to the portion of Half Street, S.E., between N Street, S.E., and M Street, S.E.

(d)(1) The Director may enter into agreements with community-based organizations to support community-based transportation enhancement activities that are funded and approved by the Federal Highway Administration.

(2) An agreement made pursuant to this subsection shall constitute an agreement making or receiving grants-in-aid and shall be exempt from Chapter 3A of Title 2, in accordance with § 2-351.05(c)(12).

(3) The Director shall submit to the Council on an annual basis a report detailing such grants and agreements.

(e)(1) The Director shall not spend directly from Master capital projects created in fiscal year 2012 or later that are funded through the District of Columbia Highway Trust Fund established under § 9-111.01, or from Master local transportation capital projects designated by the Director as Master local transportation capital projects in Fiscal Year 2018 or later.

(2) The Director may submit requests to the Office of Budget and Planning of the Office of the Chief Financial Officer (“OBP”) to allocate funds for the Related Projects, as submitted annually by DDOT through the approved Transportation Improvement Program as part of the budget request for each capital project funded from the District of Columbia Highway Trust Fund. The Director may also submit requests to OBP to allocate funds for the Related Projects of each Master local transportation capital project . The Director, following allocation of funds by OBP to Related Projects, shall have the authority to obligate and spend the funds.

(3) The Director may submit requests to OBP to re-allocate funds from any Related Project to the applicable capital project funded from the District of Columbia Highway Trust Fund. The Director may also submit requests to OBP to re-allocate funds from any Related Project to the applicable Master local transportation capital project . The Director, following re-allocation of funds by OBP from a Related Project to its applicable capital project, shall have the authority to submit requests to OBP to allocate these funds to another Related Project.

(4)(A) The Director may submit requests to OBP to re-allocate any available fund balances in associated projects to an applicable Master local transportation capital project, in order to align the associated projects with the Master local transportation capital projects.

(B) For the purposes of this paragraph, the term "associated project" means a Related Project with a current fund balance.

(C) Repealed.

(5) The CFO shall submit to the Mayor and the Council a quarterly summary of all allocations and re-allocations requested pursuant to this subsection, including a description of whether OBP allocated the requested funds.

(f)(1) The Director may:

(A) With respect to the program established pursuant to 49 U.S.C. § 5310 (the “5310 Program”):

(i) Enter into agreements with nonprofit organizations to provide those nonprofit organizations vehicles to transport elderly residents and residents with disabilities;

(ii) Provide an application for the 5310 Program each year, solicit applicants to apply, and administer a selection process to identify which eligible applicants may participate;

(iii) Enter into agreements with the nonprofit organizations that are selected to receive vehicles to ensure they use the vehicles as prescribed by the 5310 Program guidelines and regulations enacted pursuant to this paragraph, including the requirement that the vehicle recipient deposit matching funds into the District Department of Transportation Enterprise Fund for Transportation Initiatives; and

(iv) Enter into contracts with third parties for the procurement and maintenance of eligible vehicles to be used by the nonprofit organizations selected by the Director;

(B) Enter into an agreement with a developer, property owner, utility company, the federal government or other governmental entity, or other person or entity requiring payment for:

(i) The costs of DDOT’s review of the proposed or existing project on private property or public space that may affect the transportation infrastructure or public space in the District or DDOT’s ability to manage and maintain the transportation infrastructure or public space in the District;

(ii) The implementation of transportation infrastructure or public improvements or mitigation measures to address the project’s impact on the transportation infrastructure or public space in the District or on DDOT’s ability to manage and maintain the transportation infrastructure or public space in the District; or

(iii) The cost of both review and the implementation of mitigation measures; and

(C) Promulgate, amend, or repeal rules to implement the provisions of this subsection, pursuant to the Mayor’s authority under Chapter 5 of Title 2 [§  2-501 et seq.].

(2) A payment, improvement, and mitigation measure required under an agreement authorized by paragraph (1)(B) of this subsection shall be reasonably related to:

(A) The costs incurred by DDOT in reviewing the project;

(B) The effects of the project on the transportation infrastructure or public space in the District; and

(C) The effects of the project on DDOT’s ability to manage and maintain the transportation infrastructure or public space in the District.

(3) A payment made pursuant to an agreement authorized by paragraph (1)(B) of this subsection shall be in addition to, and not in lieu of, a payment required for the temporary use of public space or the use of the public right of way pursuant to the District of Columbia Public Space Rental Act, approved October 17, 1968 (82 Stat. 1156; D.C. Official Code § 10-1101.01 et seq.), or Title VI of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 10-1141.01 et seq.).

(g)(1) The Director may enter into agreements with jurisdictions in the Washington metropolitan area (“regional jurisdictions”) to plan, fund, design, construct, and otherwise carry out transportation projects.

(2) DDOT may receive funds from and disperse funds to regional jurisdictions for the purposes of planning, funding, designing, constructing, and otherwise carrying out the transportation projects.

(3) DDOT may take other appropriate actions to plan, fund, design, construct, and otherwise carry out the transportation projects, including performing work, including construction work, in regional jurisdictions.