Chapter 9A. Department of Transportation.

Subchapter I. General.

§ 50–921.01. Establishment of the Department of Transportation.

Pursuant to § 1-204.04(b), the Council establishes the District Department of Transportation (“DDOT”) as an agency within the executive branch of the government of the District of Columbia to improve the District’s economic competitiveness and quality of life by planning, coordinating, and operating the transportation system, including the DC Circulator pursuant to subchapter II of this chapter and the DC Streetcar, and managing and maintaining the transportation infrastructure, to ensure the safe, efficient movement of people, goods and information along public rights-of-way.

(May 21, 2002, D.C. Law 14-137, § 2, 49 DCR 3444; Mar. 13, 2004, D.C. Law 15-105, § 20(a), 51 DCR 881; Apr. 13, 2005, D.C. Law 15-354, § 77(a), 52 DCR 2638; Mar. 6, 2007, D.C. Law 16-225, § 3(c), 53 DCR 10232; Mar. 31, 2011, D.C. Law 18-339, § 6(a), 58 DCR 618.)

Effect of Amendments

D.C. Law 15-105 validated a previously made technical correction.

D.C. Law 15-354 substituted “District Department of Transportation (’DDOT’)” for “Department of Transportation (’DOT’)”.

D.C. Law 16-225, substituted “coordinating, and operating the transportation system, including the DC Circulator pursuant to subchapter II of this chapter” for “and coordinating the transportation system”.

D.C. Law 18-339 substituted “subchapter II of this chapter and the DC Streetcar,” for “subchapter II of this chapter,”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 3(a) of District Department of Transportation DC Circulator Emergency Amendment Act of 2006 (D.C. Act 16-321, March 23, 2006, 53 DCR 2557).

For temporary (90 day) amendment of section, see § 3(c) of District Department of Transportation DC Circulator Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-3, January 16, 2007, 54 DCR 1439).

For temporary (90 days) allocation of traffic control officers, see §§ 6102 and 6103 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) allocation of traffic control officers, see §§ 6102 and 6103 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3(a) of District Department of Transportation DC Circulator Temporary Amendment Act of 2006 (D.C. Law 16-134, June 16, 2006, law notification 53 DCR 5762).

Short Title

Section 6101 of D.C. Law 20-61 provided that Subtitle K of Title VI of the act may be cited as the “Allocation of Traffic Control Officers Act of 2013”.

Editor's Notes

For a requirement that in Fiscal Year 2019, the District Department of Transportation award a grant, on a competitive basis, in an amount not to exceed $250,000, to conduct a study identifying an optimal location for a new intercity bus station in the District, see section 6093 of D.C. Law 22-168.

"(3) A list of infrastructure and enforcement recommendations to enhance safety at each of the 10 most dangerous intersections identified pursuant to paragraph (2) of this section, and a timeline for the implementation of each recommendation."

“(2) A list of the 10 most dangerous intersections that will have TCOs during the most hazardous times of day, and the corresponding justification for these placements; and

“(1) A standard safety justification for the placement of TCOs;

On or before February 1, 2014, DDOT shall publish on its website:

Section 6062 of D.C. Law 21-160 amended section 6103 of D.C. Law 20-61 to provide: “Public notification of safety justification and dangerous intersections.

“(2) Prioritize placement of TCOs at the 10 most dangerous intersections during peak hazardous times.”

“(1) Justify the placement of Traffic Control Officers (‘TCOs’) at intersections based on safety, except when needed to manage special events or construction sites or when safety concerns for TCOs exist; and

Section 6102 of D.C. Law 20-61 provided: “Safety justification. The District Department of Transportation (‘DDOT’) shall:

“(2) A list of the 10 most dangerous intersections that will have TCOs during the most hazardous times of day, and the corresponding justification for these placements.”

“(1) A standard safety justification for the placement of TCOs; and

Section 6103 of D.C. Law 20-61 provided: “Public notification of safety justification and dangerous intersections. On or before February 1, 2014, DDOT shall publish on its website:

§ 50–921.01a. Definitions.

For the purposes of this subchapter, the term:

(1) "DDOT" means the District Department of Transportation established by § 50-921.01.

(1A) "Director" means head of DDOT appointed pursuant to § 50-921.02.

(1B) "Electric vehicle" means a vehicle that is propelled by an electric motor and is capable of being recharged from an external source of electricity.

(1C) "Electric vehicle charging station" means a publicly accessible facility or equipment that is located on public property, including any public space in the District, and is used to charge the battery or other energy storage device of an electric vehicle.

(1D) “Person” means an individual, corporation, firm, agency, company, association, organization, partnership, society, or joint stock company.

(2) “Property line” means the line of demarcation separating privately owned property fronting or abutting a street or alley from publicly owned property on the other side of the line of demarcation.

(3) “Public right-of-way” means the surface, air space above the surface, and area below the surface of any public street, highway, bridge, tunnel, alley, or sidewalk.

(4) “Public space” means all the publicly owned property between property lines shown on the records of the District, and includes any roadway, tree space, sidewalk, or parking between such property lines.

(5) “Respondent” means a person subject to a civil fine, compliance order, or abatement procedure as defined in § 50-921.19.

(May 21, 2002, D.C. Law 14-137, § 2a; as added Mar. 11, 2015, D.C. Law 20-207, § 2(a), 61 DCR 12690; Mar. 29, 2018, D.C. Law 22-78, § 2(a), 65 DCR 1560; July 12, 2022, D.C. Law 24-147, § 118(a), 69 DCR 003386; Mar. 22, 2023, D.C. Law 24-335, § 2(a), 70 DCR 1562.)

Applicability

Section 7026 of D.C. Law 22-168 repealed section 3 of D.C. Law 22-78 amending the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 22-78 have been implemented.

Applicability of D.C. Law 22-78: § 3 of D.C. Law 22-78 provided that the change made to this section by § 2(a) of D.C. Law 22-78 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 20-207: Section 12(a) of D.C. Law 20-207 provided that §§ 2(a), 2(b)(1), 2(b)(2)(A), 2(b)(2)(B), 2(b)(2)(C), 2(c), 3, 4, 6, 7, 8, 9, 10, and 11 shall apply as of March 11, 2015.

§ 50–921.02. Director.

*NOTE: This section includes amendments by temporary legislation that will expire on August 1, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(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;

(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.

(5) Notwithstanding paragraph (1) of this subsection, the Director may issue grants, including grants in excess of $1 million, to the National Park Service for the purpose of planning, designing, constructing, making improvements to, or maintaining parks and trails within the Buzzard Point neighborhood.

(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.

(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.

(h)(1) Within 60 days of March 22, 2023, the Director shall enter into a fare buydown agreement with the Washington Metropolitan Area Transit Authority to facilitate:

(A) The provision of fare-free Metrobus transportation within the District; and

(B) Daily 24-hour Metrobus service on at least 12 Metrobus lines in the District, with a maximum of 20 minutes between any scheduled bus arrival at any stop.

(2) The Metrobus lines identified in subparagraph (B) of this paragraph shall be determined based on high ridership, with an emphasis on serving major transportation corridors and activity centers.

(3) The Director may amend the fare buydown agreement required by paragraph (1) of this subsection or enter in additional fare buydown agreements in order to expand the availability of Metrobus service within the District.

(May 21, 2002, D.C. Law 14-137, § 3, 49 DCR 3444; Mar. 13, 2004, D.C. Law 15-105, § 20(b), 51 DCR 881; Apr. 13, 2005, D.C. Law 15-354, § 77(b), 52 DCR 2638; Oct. 22, 2008, D.C. Law 17-248, § 2(a), 55 DCR 9203; Sept. 14, 2011, D.C. Law 19-21, § 11002, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 6024(a), 59 DCR 8025; Sept. 26, 2012, D.C. Law 19-171, § 220, 59 DCR 6190; Mar. 19, 2013, D.C. Law 19-241, § 2(a), 59 DCR 14794; Dec. 24, 2013, D.C. Law 20-61, § 6122, 60 DCR 12472; July 23, 2014, D.C. Law 20-128, § 2(a), 61 DCR 5722; Feb. 26, 2015, D.C. Law 20-155, § 8002, 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 8022, 62 DCR 10905; Dec. 13, 2017, D.C. Law 22-33, § 8032, 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 8012, 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, §§ 6002, 6012, 66 DCR 8621; Mar. 22, 2023, D.C. Law 24-335, § 2(b), 70 DCR 1562; Dec. 20, 2023, D.C. Law 25-96, § 2, 70 DCR 14452.)

Section References

This section is referenced in § 50-921.13.

Effect of Amendments

D.C. Law 15-105 validated a previously made technical correction.

D.C. Law 15-354 substituted “DDOT” for “DOT”.

D.C. Law 17-248 added subsecs. (c) and (d).

D.C. Law 19-21 added subsec. (e).

The 2012 amendment by D.C. Law 19-168 added (c)(3).

The 2012 amendment by D.C. Law 19-171 substituted “shall be exempt from Chapter 3A of Title 2, in accordance with § 2-351.05(c)(12)” for “shall be exempt from Unit A of Chapter 3 of Title 2, in accordance with § 2-301.04(b)” in (d)(2).

The 2013 amendment by D.C. Law 19-241 added (f).

The 2013 amendment by D.C. Law 20-61 added (g).

The 2014 amendment by D.C. Law 20-128 rewrote (f).

The 2015 amendment by D.C. Law 20-155 added (e)(3).

The 2015 amendment by D.C. Law 21-36 substituted “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” for “for the Related Projects of each capital project” in (e)(2).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Buzzard Point Park and Trails National Park Service Grant Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-341, Dec. 21, 2023, 70 DCR 16604).

For temporary (90 days) amendment of this section, see § 2 of Buzzard Point Park and Trails National Park Service Grant Emergency Amendment Act of 2023 (D.C. Act 25-254, Oct. 12, 2023, 70 DCR 13843).

For temporary (90 days) amendment of this section, see § 2(a) of Fare-Free Bus Funding Congressional Review Emergency Amendment Act of 2023 (D.C. Act 25-35, Feb. 27, 2023, 70 DCR 2976).

For temporary (90 days) amendment of this section, see § 2(a) of Fare-Free Bus Funding Emergency Amendment Act of 2022 (D.C. Act 24-699, Dec. 8, 2022, 0 DCR 0).

For temporary (90 days) amendment of this section, see § 6012 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 6002 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 6012 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 6002 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 8012 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 8012 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 8032 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 8032 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary amendment of (f), see § 2(a) of the District Department of Transportation Accessible Vehicles Fund Emergency Amendment Act of 2012 (D.C. Act 19-465, October 4, 2012, 59 DCR 11764).

For temporary (90 day) amendment of section, see § 2(a) of Department of Transportation Establishment Emergency Amendment Act of 2008 (D.C. Act 17-308, February 25, 2008, 55 DCR 2522).

For temporary (90 day) amendment of section, see § 2 of District Department of Transportation Grant Authority Emergency Amendment Act of 2012 (D.C. Act 19-353, May 11, 2012, 59 DCR 5125).

For temporary (90 day) amendment of section, see § 2 of the District Department of Transportation Grant Authority Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-405, July 24, 2012, 59 DCR 9122).

For temporary (90 days) amendment of this section, see § 2(a) of the DDOT Accessible Vehicles Fund Congressional Review Emergency Act of 2013 of 2013 (D.C. Act 20-7, January 31, 2013, 60 DCR 2809, 20 DCSTAT 456).

For temporary (90 days) amendment of this section, see § 2(a) of the Transportation Infrastructure Mitigation Emergency Amendment Act of 2013 (D.C. Act 20-198, October 17, 2013, 60 DCR 15327).

For temporary (90 days) amendment of this section, see § 6122 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 6122 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 2(a) and 3 of the Transportation Infrastructure Mitigation Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-268, January 15, 2014, 61 DCR 785).

For temporary (90 days) amendment of this section, see § 2 and 3 of the Transportation Infrastructure Mitigation Clarification Emergency Amendment Act of 2014 (D.C. Act 20-298, March 14, 2014, 61 DCR 2566, 20 DCSTAT 3065).

For temporary (90 days) amendment of this section, see §§ 2-4 of the Transportation Infrastructure Mitigation Clarification Congressional Review Emergency Amendment Act of 2014, (D.C. Act 20-351, June 17, 2014, 61 DCR 6328).

For temporary (90 days) amendment of this section, see § 8002 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 8002 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 8002 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 8022 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Buzzard Point Park and Trails National Park Service Grant Temporary Amendment Act of 2023 (D.C. Law 25-96, Dec. 20, 2023, 70 DCR 14452).

For temporary (225 days) amendment of this section, see § 2(a) of Fare-Free Bus Funding Temporary Amendment Act of 2022 (D.C. Law 24-340, Mar. 22, 2023, 70 DCR 1578).

For temporary (225 day) amendment of section, see § 2(a) of Department of Transportation Establishment Temporary Amendment Act of 2008 (D.C. Law 17-159, May 13, 2008, law notification 55 DCR 5893).

Section 2 of D.C. Law 19-166 added (c)(3) to read as follows:

“(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.”

Section 4(b) of D.C. Law 19-166 provided that the act shall expire after 225 days of its having taken effect.

Section 2(a) of D.C. Law 19-208 added subsection (f) to read as follows:

“(f) The Director may enter into agreements with private nonprofit organizations to provide those nonprofit organizations vehicles to transport elderly residents and residents with disabilities pursuant to 49 U.S.C. § 5310 (the ‘5310 Program’). Furthermore, the Director shall have the authority to:

“(1) 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 in the 5310 Program;

“(2) 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 subsection, including the requirement that the vehicle recipient deposit matching funds into the District Department of Transportation Enterprise Fund for Transportation Initiatives;

“(3) 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; and

“(4) Promulgate, amend, or repeal rules to implement the provisions of this subsection, pursuant to the Mayor’s authority under Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.).”

Section 4(b) of D.C. Law 19-208 provided that the act shall expire after 225 days of its having taken effect.

For temporary (225 days) amendment of this section, see § 2(a) of the Transportation Infrastructure Mitigation Temporary Amendment Act of 2013 (D.C. Law 20-68, February 22, 2014, 61 DCR 19).

For temporary (225 days) amendment of this section, see §§ 2 and 3 of the Transportation Infrastructure Mitigation Clarification Temporary Amendment Act of 2014 (D.C. Law 20-112, June 21, 2014, 61 DCR 4328).

Short Title

Short title: Section 11001 of D.C. Law 19-21 provided that title XI of the act may be cited as “Department of Transportation Capital Budget Allocation Authority Act of 2011”.

Section 6121 of D.C. Law 20-61 provided that Subtitle M of Title VI of the act may be cited as the “District Department of Transportation Jurisdiction Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 6123 of D.C. Law 20-61 provided that § 6122 of the act shall apply as of June 15, 2013.

§ 50–921.03. Organization.

There is established within DDOT the following offices and divisions:

(1) The Office of the Director, with subordinate staff responsible for:

(A) Legal affairs;

(B) Civil rights matters;

(C) Compliance with the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq.);

(D) Senior and elderly affairs; and

(E) Policy and legislative affairs;

(2) The Project Delivery Administration, with subordinate staff responsible for:

(A) Design and engineering and related support;

(B) Street and bridge construction project management and related support;

(D) Project materials specification review;

(E) Construction project review and coordination;

(F) Construction contract execution;

(G) Intermodal planning;

(H) State Transportation Environmental Compliance;

(I) Project Identification and Development;

(J) DC Circulator bus service;

(K) DC Streetcar service;

(L) Freight and passenger rail, to the extent such authority has been delegated or required by federal law;

(M) Mass Transit Policy, with functions to include supporting the Washington Metropolitan Area Transit Authority ("WMATA") Board members and acting as a liaison between WMATA and the District government on matters including:

(i) Alternative transportation; and

(ii) School transit subsidy; and

(N) Traffic safety planning, engineering, and construction;

(3) The Operations Administration, with subordinate staff responsible for:

(A) Tree planting and maintenance;

(B) Tree inventory management;

(D) Investigations and inspections relating to public space regulations;

(E) Asset management;

(F) Bridge and street maintenance;

(G) Streetlight management;

(H) Traffic operations and safety;

(I) Transportation systems management;

(J) Traffic sign fabrication and installation;

(K) Concurrent with any other agency’s authority to do so, the enforcement of violations of motor vehicle parking offenses and violations of motor vehicle moving offenses, where necessary to manage the flow of traffic, respond to incidents, and manage special events;

(L) Parking, carsharing, tour bus, and motor carrier regulation, permitting, and operations; and

(M) Advertisements on parking meters, including the back of receipts printed out by multi-space parking meters;

(4) The Administrative Administration, with subordinate staff responsible for:

(A) Human resources;

(B) Workforce development;

(D) Financial planning and management; and

(E) Contracting and procurement; and

(5) The Performance Administration, with subordinate staff responsible for:

(A) Coordinating and managing transportation system data;

(B) Customer service;

(D) Technology and information services.

(May 21, 2002, D.C. Law 14-137, § 4, 49 DCR 3444; Mar. 13, 2004, D.C. Law 15-105, § 20(c), 51 DCR 881; Apr. 13, 2005, D.C. Law 15-354, § 77(b), 52 DCR 2638; Sept. 18, 2007, D.C. Law 17-20, § 6032(a), 54 DCR 7052; Sept. 24, 2010, D.C. Law 18-223, § 6052(a), 57 DCR 6242; June 22, 2016, D.C. Law 21-124, § 101(a), 63 DCR 7076.)

Effect of Amendments

D.C. Law 15-105 deleted the subsection designation “(a)”; and in par. (5), validated a previously made technical correction.

D.C. Law 15-354 substituted “DDOT” for “DOT”.

D.C. Law 17-20, in par. (4), deleted “and” from the end of subpar. (B), added “and” at the end of subpar. (C), and added subpar. (D).

D.C. Law 18-223, in par. (5), deleted “and” from the end of subpar. (C); inserted “and” at the end of subpar. (D), and added subpar. (E).

Emergency Legislation

For temporary (90 day) amendment of section, see § 6032(a) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 6052(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

§ 50–921.04. Duties.

(a) The offices of DDOT shall plan, program, operate, manage, control, and maintain systems, processes, and programs to meet transportation needs as follows:

(1) The Project Delivery Administration shall:

(A) Manage and implement transportation improvement plans and projects;

(B) Develop and update the Intermodal State Transportation Plan, corridor management plans, and other traffic studies on a regular basis, focusing on the safe and efficient movement of people, goods, and information;

(C) Conduct planning studies on the condition and quality of the District’s transportation system in order to locate areas where future investment is required;

(D) Manage and construct capital projects related to the design and installation of streets, alleys, curbs, gutters, bicycle lanes, sidewalks, streetscapes, and medians;

(E) Review and approve the use of construction materials for capital projects;

(F) Administer the full range of processing required to execute construction contracts for transportation, from initial preparation of bid documents through final construction completion;

(G) Implement managed lane policies, including lane pricing, vehicle eligibility, and access control; provided, that at least one lane of traffic on a street with managed lanes shall be free of charge; provided further, that DDOT shall submit to the Council any policy created pursuant to this subparagraph for approval by act before implementation;

(H) With the consent of the Chief Property Management Officer, acquire real property by purchase, lease, grant, or gift for use by DDOT, and dispose of real property through sale, lease, or other authorized method, and exercise other acquisition and property disposition authority delegated to the Mayor;

(I) Conduct studies;

(J) Develop streetscape standards;

(K) Develop policies and programs to encourage and provide for the safe use of bicycles for recreation and work-related travel, including planning, developing, operating, and regulating a Bicycle Sharing program, and administering the Bicycle Sharing Fund established by § 50-921.16 to fund a Bicycle Sharing program;

(L) Develop and update the District’s various transportation improvement plans, consistent with federal and local requirements;

(M) Plan, manage, and contract for all, or any part of, the design, engineering, construction, operation, and maintenance of any element of the Integrated Premium Transit System;

(N) Develop paratransit systems, water taxis, tour bus support systems, light rail streetcar transit systems, and other transportation services to provide for safe and efficient movement of persons throughout the city;

(O) Operate the District of Columbia School Transit Subsidy Program;

(P) Prepare studies on mass transit needs of District residents, including rail and bus services, review and revise bus routes, review and revise the location of bus shelter locations, support WMATA Board members, and act as a liaison between WMATA and the District government;

(Q) Operate, maintain, and regulate the DC Circulator pursuant to subchapter II of this chapter;

(R) Operate, maintain, and regulate the DC Streetcar pursuant to subchapter IV of this chapter;

(S) Submit to the Transit Rider Advisory Council proposed fare or service adjustments, as that term is defined in § 50-921.35(a-1)(3);

(T) Submit to the Transit Rider Advisory Council strategic or long-term plans to expand and improve local transit service;

(U) Develop and implement transportation safety programs; and

(V) Incorporate transportation safety features in the development, design, and construction of pedestrian, bicycle, motor vehicle, and mass transportation facilities and programs.

(2) The Project Delivery Administration may enter into agreements to allow the private sponsorship of bicycles, equipment, and facilities used in the Bicycle Sharing program, and the placement of a corporate logo, slogan, or other indicia of sponsorship on the bicycles or facilities, and on related websites and social media; provided, that an agreement that would modify the name or design of any part of the Capital Bikeshare system, including equipment or facilities, shall be submitted to the Council for a 30-day period of passive review before execution. The agreement submitted to the Council shall include detailed information about a proposed name or design. All proceeds collected from a private sponsorship agreement shall be deposited into the Bicycle Sharing Fund established by § 50-921.16.

(2A) Not Funded.

(3) The Operations Administration shall:

(A) Maintain a tree inventory system;

(B) Perform routine tree maintenance;

(C) Review transportation related construction plans to ensure the provision of adequate rights-of-way for tree planting;

(D) Plant and maintain trees on public space and on District-owned land, including parks and school property;

(D-i) Remove and trim trees citywide;

(D-ii) Review construction plans for the District of Columbia Public Schools, the Department of General Services, the Department of Parks and Recreation, and other District agencies to ensure the tree canopy is protected;

(E) Review, approve, and issue public space permit requests for occupancy, work within, or other use of the public space, including private use and utility work public space requests, and ensure that transportation services are maintained and that the infrastructure is restored after the occupancy, work within, or other use is complete;

(F) Maintain official public space records;

(G) Perform regular inspections of the transportation system infrastructure;

(H) Enter into agreements to allow the placement of advertisements on District property, under the control of DDOT, and collect payments under the agreements, if:

(i) The placement of the advertisement is not in violation of District or federal laws, regulations, or orders; and

(ii) All proceeds collected from the advertising agreement shall be paid into the DDOT Enterprise Fund for Transportation Initiatives, established under § 50-921.13; provided, that proceeds related to advertisements on bicycles, equipment, or facilities used for the purposes of the Bicycle Sharing program shall be deposited into the Bicycle Sharing Fund established by § 50-921.16; provided further, that proceeds relating to private sponsorship of vehicles, equipment, and facilities used in the DC Circulator program shall be deposited into the DC Circulator Fund established by § 50-921.33; provided further, that proceeds relating to private sponsorship of vehicles, equipment, and facilities used in the DC Streetcar program shall be deposited into the DC Streetcar Fund established by § 50-921.73;

(I) Develop, implement, and enforce a comprehensive plan that covers the care, maintenance, and upkeep of public space and federal reservations under the control of DDOT;

(J) Ensure that the transportation system is maintained to the highest standards;

(K) Perform routine repair and maintenance activities to maintain a high quality of transportation infrastructure;

(L) Coordinate seasonal snow removal operation on streets throughout the District in conjunction with the Department of Public Works and other District agencies;

(M) Maintain the mechanical and electrical street light systems that support the transportation infrastructure;

(N) Provide a safe transportation system by maintaining a high-quality traffic control system, including traffic signals and street lights;

(O) Maintain the mechanical and electrical systems signal systems that support the transportation infrastructure;

(P) Where necessary to manage the flow of traffic, respond to incidents, or manage special events, concurrent with any other agency’s authority to do so, enforce all violations of statutes, regulations, executive orders, or rules relating to motor vehicle parking offenses and the operation of a motor vehicle, except those violations contained in § 50-2302.02;

(Q) Allocate and regulate on-street parking;

(R) Develop a city-wide parking management program to balance the needs of parking in support of economic development;

(S) Establish citywide parking and curbside management regulations, taking into account input from other District agencies, as necessary;

(T) Install and maintain parking meters and other parking control devices and systems on public rights-of-way and other public spaces in the District; and

(U) Establish policies encouraging energy conservation, the reduction of pollution, including through the use of alternative-fuel vehicles, the reduction of traffic congestion, and an increase in transportation services to persons with disabilities.

(3A) Not Funded.

(4) The Administrative Administration shall develop alternative methods of financing transportation projects and services to achieve financial self-sufficiency.

(5) The Performance Administration shall:

(A) Develop and maintain a performance monitoring system to measure the quality and effectiveness of transportation services; and

(B) Develop and maintain the transportation elements of the Geographic Information System.

(D) Not Funded.

(b) For the purposes of this section, the term:

(1) “DC Streetcar” means a fixed guideway transit network offering rail passenger service operated by the District government or its agent.

(2) “Integrated Premium Transit System” means an integrated transit system composed of any or all of the DC Streetcar, bus service operated or managed by, or on behalf of, the District government consistent with the Washington Metropolitan Area Transit Regulation Compact, and facilities including buildings, other structures, and parking areas appurtenant to the DC Streetcar and bus service.

(May 21, 2002, D.C. Law 14-137, § 5, 49 DCR 3444; Apr. 13, 2005, D.C. Law 15-354, § 77(b), (c), 52 DCR 2638; Mar. 6, 2007, D.C. Law 16-225, § 3(d), 53 DCR 10232; Sept. 18, 2007, D.C. Law 17-20, § 6032(b), 54 DCR 7052; Oct. 22, 2008, D.C. Law 17-248, § 2(b), 55 DCR 9203; Sept. 24, 2010, D.C. Law 18-223, § 6052(b), 57 DCR 6242; Mar. 31, 2011, D.C. Law 18-339, § 6(b), 58 DCR 618; Sept. 14, 2011, D.C. Law 19-21, § 6022, 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 139, 59 DCR 6190; Mar. 19, 2013, D.C. Law 19-234, § 2(a), 59 DCR 14772; Apr. 27, 2013, D.C. Law 19-289, § 8, 60 DCR 2328; Feb. 26, 2015, D.C. Law 20-155, §§ 6012, 6022, 6032(a), 61 DCR 9990; Mar. 11, 2015, D.C. Law 20-207, § 2(b), 61 DCR 12690; June 22, 2016, D.C. Law 21-124, § 101(b), 63 DCR 7076; July 1, 2016, D.C. Law 21-133, § 3, 63 DCR 7134; Dec. 13, 2017, D.C. Law 22-33, § 6072(a), 64 DCR 7652; Oct. 30, 2018, D.C. Law 22-168, § 6022, 65 DCR 9388; Dec. 23, 2020, D.C. Law 23-158, § 4(a), 67 DCR 13057.)

Section References

This section is referenced in § 5-401.01, § 50-921.06, and § 50-921.16.

Effect of Amendments

D.C. Law 15-354 substituted “DDOT” for “DOT”; and, in par. (4)(F), substituted “Chief Property Management Officer” for “Director of the Office of Property Management”.

D.C. Law 16-225, in par. (2)(J) deleted “and” at the end; in par. (2)(K), substituted “travel; and” for “travel;”; and added par. (2)(L).

D.C. Law 17-20, in par. (3), deleted “and” from the end of subpar. (C), added “and” at the end of subpar. (D)(iii), and added subpar. (E).

D.C. Law 17-248, rewrote par. (1)(D); in par. (2)(D), deleted “historic district” following “Develop”; in par. (2)(J), inserted “review and revise the location of bus shelter locations,”; in par. (2)(K), deleted “and” at the end; in par. (2)(L), substituted a semicolon for a period at the end; and added par. (2)(M).

D.C. Law 18-223, in par. (4), deleted “and” from the end of subpar. (E), inserted “and” at the end of subpar. (F), and added subpar. (G).

D.C. Law 18-339, in par. (2), substituted “light rail streetcar transit” for “light rail” in subpar. (H), deleted “and” from the end of subpar. (L), substituted “; and” for a period the end of subpar. (M), and added subpar. (N).

D.C. Law 19-21 rewrote par. (4)(G), which formerly read:

“(G) Enter into agreements to allow the placement of advertisements on parking meters, including the back of receipts printed out by multi-space parking meters, and may collect payments under the agreements.”

The 2012 amendment by D.C. Law 19-171 made a technical correction to D.C. Law 18-339 which did not affect this section as codified.

The 2013 amendment by D.C. Law 19-234 rewrote (2)(K).

The 2013 amendment by D.C. Law 19-289, applicable only upon a contingency being met, would have rewritten (4)(G)(iii) to read as follows: “(iii) The requirements of §§ 1-303.21 and 1-303.23, and rules issued pursuant to those sections, pertaining to outdoor signs and other forms of exterior advertising in the District of Columbia, shall not apply.”

The 2015 amendment by D.C. Law 20-155 designated the existing text as (a); added (a)(1)(E) and (a)(2)(O) and made related changes; substituted “maintain, and regulate” for “develop, and finance” in (a)(2)(L); substituted “maintain, and regulate” for “develop, regulate, and finance” in (a)(2)(N); added the proviso in a)(4)(G)(iv); added (a)(4A); and added (b).

The 2015 amendment by D.C. Law 20-207 added (3)(D-i) and made related changes; rewrote (4)(A); and would have added (4)(H).

Applicability

Applicability of D.C. Law 23-158: § 14 of D.C. Law 23-158 provided that the change made to this section by § 4(a) of D.C. Law 23-158 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7009 of D.C. Law 22-33 removed the applicability restriction of § 12(b) of D.C. Law 20-207 which had already been overwritten by D.C. Law 21-124

Section 7012 of D.C. Law 21-160 repealed § 4(b) of D.C. Law 21-133. Therefore the changes made to this section by D.C. Law 21-133 have been given effect.

Applicability of D.C. Law 21-133: § 4(b) of D.C. Law 21-133 provided that the change made to this section by § 3 of D.C. Law 21-133 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) requirement that the District Department of Transportation publish a report identifying modifications to at least 20 miles of streets in the District, including streets in all 8 wards, that will allow, in the roadway, uses other than for motorized vehicles, such as for bicycles, see § 2 of Connected Transportation Network Congressional Review Emergency Act of 2020 (D.C. Act 23-413, Oct. 14, 2020, 67 DCR 12239).

For temporary (90 days) requirement that the District Department of Transportation publish a report identifying modifications to at least 20 miles of streets in the District, including streets in all 8 wards, that will allow, in the roadway, uses other than for motorized vehicles, such as for bicycles, see § 2 of Connected Transportation Network Emergency Act of 2020 (D.C. Act 23-331, July 7, 2020, 67 DCR 8607).

For temporary (90 days) amendment of this section, see § 6022 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 6022 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 6072(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 6072(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) amendment of section, see § 3(c) of District Department of Transportation DC Circulator Emergency Amendment Act of 2006 (D.C. Act 16-321, March 23, 2006, 53 DCR 2557).

For temporary (90 day) amendment of section, see § 3 of Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Emergency Act of 2006 (D.C. Act 16-564, December 19, 2006,

For temporary (90 day) amendment of section, see § 3(d) of District Department of Transportation DC Circulator Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-3, January 16, 2007, 54 DCR 1439).

For temporary (90 day) amendment of section, see § 6032(b) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 2 of Capitol Hill Historic District Protection Emergency Act OF 2007 (D.C. Act 17-112, August 2, 2007, 54 DCR 8231).

For temporary (90 day) amendment of section, see § 2 of Capitol Hill Historic District Protection Congressional Review Emergency Act of 2007 (D.C. Act 17-142, October 17, 2007, 54 DCR 10743).

For temporary (90 day) amendment of section, see § 2(b) of Department of Transportation Establishment Emergency Amendment Act of 2008 (D.C. Act 17-308, February 25, 2008, 55 DCR 2522).

For temporary (90 day) addition, see § 6012 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 day) amendment of section, see § 6052(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) addition of sections, see §§ 6062, 6063 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) addition of sections, see §§ 6062, 6063 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 day) amendment of section, see § 2(a) of District Department of Transportation Bicycle Sharing Fund Emergency Amendment Act of 2012 (D.C. Act 19-424, July 27, 2012, 59 DCR 9375).

For temporary (90 days) amendment of this section, see §§ 6022, 6032 and 6042(a) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see §§ 6012, 6022 and 6032(a) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see §§ 6012, 6022 and 6032(a) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Temporary Legislation

For temporary (225 days) requirement that the District Department of Transportation publish a report identifying modifications to at least 20 miles of streets in the District, including streets in all 8 wards, that will allow, in the roadway, uses other than for motorized vehicles, such as for bicycles, see § 2 of Connected Transportation Network Temporary Act of 2020 [Effective from October 20, 2020] (D.C. Law 23-137, Oct. 20, 2020, 67 DCR 9400).

For temporary (225 day) amendment of section, see § 3(c) of District Department of Transportation DC Circulator Temporary Amendment Act of 2006 (D.C. Law 16-134, June 16, 2006, law notification 53 DCR 5762).

For temporary (225 day) amendment of section, see § 3 of Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Temporary Amendment Act of 2006 (D.C. Law 16-252, March 8, 2007, law notification 54 DCR 3037).

For temporary (225 day) amendment of section, see § 2(b) of Department of Transportation Establishment Temporary Amendment Act of 2008 (D.C. Law 17-159, May 13, 2008, law notification 55 DCR 5893).

For temporary (225 day) addition, see § 2 of Capitol Hill District Protection Temporary Act of 2007 (D.C. Law 17-49, November 24, 2007, law notification 55 DCR 8).

For temporary (225 day) amendment of (2)(K), see § 2(a) of the District Department of Transportation Bicycle Sharing Fund Temporary Amendment Act of 2012 (D.C. Law 19-198, Dec. 11, 2012, 59 DCR 12083).

Short Title

Short title: Section 6021 of D.C. Law 19-21 provided that subtitle C of title VI of the act may be cited as “District Department of Transportation Advertisement Amendment Act of 2011”.

Editor's Notes

Section 6062 of D.C. Law 19-168 provided that on or before September 30, 2013, the District Department of Transportation shall prepare a policy compendium listing all of the agency’s policies and procedures that affect the management of the transportation network and public space; and that the District Department of Transportation shall make the policy compendium available online.

Section 6063 of D.C. Law 19-168 provided that on or before October 1, 2012, January 1, 2013, April 1, 2013, and July 1, 2013, the District Department of Transportation shall submit a report to the Council on the status of the policy compendium, the progress made in the preceding quarter, and the projected timeline for completion.

Section 9 of D.C. Law 19-289 provided: “Any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.”

Applicability of D.C. Law 19-289, § 8: Section 10 of D.C. Law 19-289 provided that sections 3, 4, 5, 6, 7, and 8 of the act shall not apply until the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property pursuant to section 2 of the act. Section 2 of D.C. Law 19-289 rewrote §§ 1-303.21 and 1-303.23, and repealed § 1-303.22.

Section 12(b) of D.C. Law 20-207 provided that § 2(b)(2)(D) of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Delegation of Authority

Delegation of Authority to Capitol Hill Historic District Protection Emergency Act of 2007, see Mayor’s Order 2007-185, August 9, 2007 ( 54 DCR 11621).

§ 50–921.05. Transfers.

(a) All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Public Works for transportation and other functions, as set forth in section III(A), III(B), III(C), III(D) (not including supply and fuel distribution), III(E), III(F) (not including the ensuring proper and sanitary collection and disposal of refuse in an environmentally sound manner), III(H) (not including parking enforcement, and vehicle and driver licensing, registration, and control), III(I) (including only streets and bridges), III(J) (not including the control of building systems and the provision of repair and improvement services), and III(L) of Reorganization Plan No. 4 of 1983 Add (part D of subchapter VI of Chapter 15 of Title 1, D.C. Official Code), effective March 1, 1984 are hereby transferred to the DDOT.

(b) All of the functions assigned and authorities delegated to the Department of Public Works, with respect to transportation and other functions, as set forth in section III(A), III(B), III(C), III(D) (not including supply and fuel distribution), III(E), III(F) (not including ensuring proper and sanitary collection and disposal of refuse in an environmentally sound manner), III(H) (not including parking enforcement, and vehicle and driver licensing, registration, and control), III(I) (including only streets and bridges), III(J) (not including the control of building systems and the provision of repair and improvement services), and III(L) of Reorganization Plan No. 4 of 1983 are hereby transferred to the DDOT.

(c) All of the functions of the Department of Public Works as set forth in section IV (A) of Reorganization Plan No. 4 of 1983 are hereby transferred to the DDOT.

(May 21, 2002, D.C. Law 14-137, § 6, 49 DCR 3444; Apr. 13, 2005, D.C. Law 15-354, § 77(b), 52 DCR 2638.)

Effect of Amendments

D.C. Law 15-354 substituted “DDOT” for “DOT”.

Emergency Legislation

For temporary (90 day) enactment, see § 6022 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 6102 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Short Title

Short title: Section 6021 of D.C. Law 17-20 provided that subtitle C of title VI of the act may be cited as the “Civilian School Crossing Guard Function Transfer Amendment Act of 2007”.

Short title: Section 6101 of D.C. Law 18-223 provided that subtitle K of title VI of the act may be cited as the “School Crossing Guard Promotion Opportunity Amendment Act of 2010”.

Editor's Notes

Civilian crossing guards: Section 6022 of D.C. Law 17-20, as amended by section 6102 of D.C. Law 18-223, provided:

“(a) The authority to employ civilian crossing guards to perform the function of providing safe conduct of children traveling to and from school granted to the Chief of Police is transferred to the District Department of Transportation.

“(b) The Chief of Police shall transfer to the District Department of Transportation all employees, personal property, full-time equivalent position authority, assets, records, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to civilian crossing guards performing the function of providing safe conduct of children traveling to and from school.

“(c) The time-in-grade restrictions of section 838 of Chapter 8B of Title 6 of the District of Columbia Municipal Regulations (6-B DCMR § 838) shall not apply to any civilian crossing guard, as defined by this section, for the purpose of being promoted to the position of civilian Traffic Control Officer.”

§ 50–921.06. Delegation and redelegation of authority.

Except as provided in § 50-921.04, the Director of DDOT is the successor to all transportation related authority delegated to the Director of the Department of Public Works and is authorized to act, either personally or through a designated representative, as a member of any committees, commissions, boards, or other bodies which presently include as a member the Director of the Department of Public Works.

§ 50–921.07. Reorganization.

The Director of DDOT is authorized to organize the personnel and property transferred herein within any organizational unit of DDOT as the Director deems appropriate.

§ 50–921.08. Repealer.

All orders and parts of orders in conflict with any of the provisions of this chapter are hereby repealed, except that any regulations adopted or promulgated by virtue of the authority granted by such orders, shall remain in force until properly revised, amended or repealed.

§ 50–921.09. References to Department of Transportation (DOT).

Any reference in law or regulation to the Department of Transportation established by this chapter, or to its former acronym DOT shall be deemed to be a reference to the District Department of Transportation and to DDOT, respectively.

§ 50–921.10. District Department of Transportation Operating Fund. [Repealed]

Repealed.

(May 21, 2002, D.C. Law 14-137, § 9b, formerly § 11a; as added Oct. 20, 2005, D.C. Law 16-33, § 6062, 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191, §§ 5(t)(1), 113, 53 DCR 6794; renumbered Mar. 2, 2007, D.C. Law 16-192, § 6014(a), 53 DCR 6899; Mar. 14, 2007, D.C. Law 16-294, § 5, 54 DCR 1086; Sept. 18, 2007, D.C. Law 17-20, § 6003(a), 54 DCR 7052; Mar. 25, 2009, D.C. Law 17-353, § 251, 56 DCR 1117; Apr. 8, 2011, D.C. Law 18-370, § 626(a), 58 DCR 1008.)

Emergency Legislation

For temporary (90 day) addition, see § 6062 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 4 of Highway Trust Fund and District Department of Transportation Emergency Amendment Act of 2005 (D.C. Act 16-206, November 17, 2005, 52 DCR 10524).

For temporary (90 day) amendment of section, see § 3 of Highway Trust Fund and District Department of Transportation Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-281, February 27, 2006, 53 DCR 1628).

For temporary (90 day) amendment of section, see § 6014 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 3 of Highway Trust Fund and District Department of Transportation Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-498, October 23, 2006, 53 DCR 8842).

For temporary (90 day) amendment of section, see § 6014 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 6014 of Fiscal Year 2007 Budget Support Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 3 of Highway Trust Fund and District Department of Transportation Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-7, January 16, 2007, 54 DCR 1463).

For temporary (90 day) amendment of section, see § 6003(a) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) repeal of section, see § 626(a) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3 of Highway Trust Fund and District Department of Transportation Temporary Amendment Act of 2005 (D.C. Law 16-66, March 8, 2006, law notification 53 DCR 2516).

Short Title

Short title of subtitle E of title VI of Law 16-33: Section 6061 of D.C. Law 16-33 provided that subtitle E of title VI of the act may be cited as the District Department of Transportation Operating Fund Establishment Amendment Act of 2005.

Editor's Notes

Section 629 of D.C. Law 18-370 provided: “Sec. 629. Applicability. This subtitle shall apply as of October 1, 2011; except, that sections 622 and 623(a)(2) shall apply as of the effective date of this act.”

The 2012 amendment by D.C. Law 19-171 made a technical correction to D.C. Law 17-353 which did not affect the repeal of this section.

§ 50–921.11. District Department of Transportation Unified Fund. [Repealed]

Repealed.

(May 21, 2002, D.C. Law 14-137, § 9c, formerly § 11b; as added Oct. 20, 2005, D.C. Law 16-33, § 6062, 52 DCR 7503; renumbered Mar. 2, 2007, D.C. Law 16-191, § 5(t)(2), 53 DCR 6794; Sept. 18, 2007, D.C. Law 17-20, § 6003(b), 54 DCR 7052; Aug. 16, 2008, D.C. Law 17-219, § 6015, 55 DCR 7598; Dec. 24, 2008, D.C. Law 17-284, § 3, 55 DCR 11983; Mar. 3, 2010, D.C. Law 18-111,§ 6031, 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, §§ 6002, 6023, 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 626(b), 58 DCR 1008.)

Emergency Legislation

For temporary (90 day) addition, see § 6062 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 6003(b) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment, see § 3 of Public Space Rental Fees Emergency Amendment Act of 2008 (D.C. Act 17-460, July 28, 2008, 55 DCR 8729).

For temporary (90 day) amendment of section, see § 203 of Fiscal Year 2009 Balanced Budget Support Emergency Amendment Act of 2008 (D.C. Act 17-572, December 2, 2008, 55 DCR 12452).

For temporary (90 day) amendment of section, see § 203 of Fiscal Year 2009 Balanced Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-13, February 23, 2009, 56 DCR 1920).

For temporary (90 day) amendment of section, see § 6031 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 6031 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 502 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635).

For temporary (90 day) amendment of section, see § 502 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109).

For temporary (90 day) amendment of section, see §§ 6002, 6023 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) repeal of section, see § 626(b) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) addition of sections, see § 626(c) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) amendment of section, see § 7016 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3 of Public Space Rental Fees Temporary Amendment Act of 2008 (D.C. Law 17-263, November 19, 2008, law notification 55 DCR 12583).

For temporary (225 day) amendment of section, see § 203 of (D.C. Law 17-326, March 21, 2009, law notification 56 DCR 3037).

Section 502 of D.C. Law 18-222, in subsec. (c)(2) substituted “all revenue derived from the sales and use taxes collected by the District for parking and storing; provided, that of the first $30 million collected each year, $12.7 million in fiscal year 2009, $12.2 million in fiscal year 2010, and $10.2 million in all subsequent fiscal years shall remain in the General Fund of the District of Columbia and that any revenue in excess of $30 million shall be deposited into the Highway Trust Fund” for “100% of the sales and use taxes collected by the District for parking and storing; provided, that any such revenues in excess of $30 million shall be deposited into the Highway Trust Fund”.

Section 2002(b) of D.C. Law 18-222 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 6014 of D.C. Law 17-219 provided that subtitle E of title VI of the act may be cited as the “District Department of Transportation Unified Fund Amendment Act of 2008”.

Short title: Section 6030 of D.C. Law 18-111 provided that subtitle D of title VI of the act may be cited as the “District Department of Transportation Establishment Amendment Act of 2009”.

Short title: Section 6001 of D.C. Law 18-223 provided that subtitle A of title VI of the act may be cited as the “District Department of Transportation Unified Fund Amendment Act of 2010”.

Editor's Notes

Section 4 of D.C. Law 17-284 provided that sections 2 and 3 shall apply as of July 1, 2008.

§ 50–921.12. Special purpose revenue funds.

(a) Beginning October 1, 2011, the Mayor shall submit to the Council, on a quarterly basis, a report certified by the Chief Financial Officer of the District of Columbia that details the activities, budget, expenditures, and variances, at the program level, of all programs, activities, and projects undertaken by the District Department of Transportation from all available special purpose revenue funding sources.

(b) The Chief Financial Officer of the District of Columbia shall certify that project expenditures and obligations have not exceeded authorized amounts and that fund revenues are sufficient to ensure that remaining authorized project expenditures will not exceed revenues.

§ 50–921.13. The District Department of Transportation Enterprise Fund for Transportation Initiatives.

(a) There is established as a nonlapsing fund the District Department of Transportation Enterprise Fund for Transportation Initiatives (“Fund”), which shall be administered by the Director of the District Department of Transportation and which shall be used by the District Department of Transportation to pay for goods, services, property, capital improvements, or for any other permitted purpose as authorized by §§ 50-921.02(f) and 50-921.04 and to pay into the Highway Trust Fund.

(b) All revenue from the following shall be deposited into the Fund, beginning October 1, 2011:

(1) Fines from the enforcement of truck safety and size, weight, and noise regulations;

(2) Advertisements on multispace parking meter receipts;

(3) Repealed;

(4) Public inconvenience fees, described in 24 DCMR § 225.1(c);

(5) Fees related to car sharing after the first $270,000 in revenue per fiscal year.

(6) Loading zone management program revenue, including:

(A) The commercial permit parking pass revenue;

(B) Commercial permit parking fees;

(7) Any other revenues, including grants or gifts, as may from time-to-time be dedicated to the Fund; and

(8) Matching funds from private nonprofit organizations for the 5310 Program pursuant to § 50-921.02(f).

(c) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(May 21, 2002, D.C. Law 14-137, § 9e; as added Apr. 8, 2011, D.C. Law 18-370, § 626(c), 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 6052, 58 DCR 6226; Mar. 19, 2013, D.C. Law 19-234, § 2(b), 59 DCR 14772; Mar. 19, 2013, D.C. Law 19-241, § 2(b), 59 DCR 14794.)

Section References

This section is referenced in § 50-921.04 and § 50-2635.

Effect of Amendments

D.C. Law 19-21, rewrote the section, which formerly read:

“(a) There is established as a nonlapsing fund the District Department of Transportation Enterprise Fund for Transportation Initiatives (’Fund’), which shall be administered by the Director of the District Department of Transportation and used to fund the cost of capital projects of the District Department of Transportation proposed by the Mayor and approved by act of the Council.

“(b) The Fund shall consist of revenues from fines derived from the enforcement of truck safety and size, weight, and noise regulations, and any revenues, grants, or gifts as may from time-to-time be dedicated to the Fund.

“(c) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.”

The 2013 amendment by D.C. Law 19-234 repealed (b)(3), which read: “Advertisements on elements of the bikeshare system, including bicycles and stations”.

The 2013 amendment by D.C. Law 19-241 substituted “§§ 50-921.02(f) and 50-921.04” for “§ 50-921.04” in (a); added (b)(8); and made related changes.

Emergency Legislation

For temporary amendment of (a) and (b), see § 2(b) of the District Department of Transportation Accessible Vehicles Fund Emergency Amendment Act of 2012 (D.C. Act 19-465, October 4, 2012, 59 DCR 11764).

For temporary (90 days) amendment of this section, see § 2(b) of the DDOT Accessible Vehicles Fund Congressional Review Emergency Act of 2013 of 2013 (D.C. Act 20-7, January 31, 2013, 60 DCR 2809, 20 DCSTAT 456).

Temporary Legislation

Section 2(b) of D.C. Law 19-208 amended this section as follows:

(1) Subsection (a) is amended by striking the phrase “section 5” and inserting the phrase “sections 3(f) and 5” in its place.

(2) Subsection (b) is amended as follows:

(A) Paragraph (6)(C) is amended by striking the phrase “fines; and” and inserting the phrase “fines;” in its place.

(B) Paragraph (7) is amended by striking the phrase “Fund.” and inserting the phrase “Fund; and” in its place.

(C) A new paragraph (8) is added to read as follows: “(8) Matching funds from private nonprofit organizations for the 5310 Program pursuant to section 3(f).”

Section 4(b) of D.C. Law 19-208 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 6051 of D.C. Law 19-21 provided that subtitle F of title VI of the act may be cited as “Department of Transportation Enterprise Fund Amendment Act of 2011”.

Editor's Notes

§ 50–921.14. Parking Meter and Transit Services Pay-by-Phone Transaction Fee Fund.

(a) There is established the Parking Meter and Transit Services Pay-by-Phone Transaction Fee Fund ("Fund"), which shall be administered by the director of the District Department of Transportation in accordance with subsection (c) of this section.

(b) The following revenue shall be deposited in the Fund:

(1) Notwithstanding § 50-2603(8), all transaction fees imposed upon users who pay for parking, transit fares, Capital Bikeshare trips, and other forms of shared mobility and transportation services with the pay-by-phone system; and

(2) All money remaining in the District Department of Transportation Parking Meter Pay-by-Phone Transaction Fee Fund at the end of Fiscal Year 2020.

(c) Money in the Fund shall be used to pay vendors responsible for administering pay-by-phone payment systems for parking, transit fares, Capital Bikeshare trips, and other forms of shared mobility and transportation services.

(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

§ 50–921.15. Sustainable Transportation Fund.

(a) There is established as a nonlapsing fund the Sustainable Transportation Fund (“Fund”), which shall be administered by the Director of the District Department of Transportation and be used by the District Department of Transportation on approved capital projects for bus-operating enhancements, including:

(1) Unfunded recommendations in WMATA Bus Line Studies and WMATA Service Evaluations; and

(2) Other investments determined by the Mayor to enhance bus transit operational efficiency and customer service within the District of Columbia.

(b) Fees collected for the parking of vehicles where meters or devices are installed shall be deposited into the Fund in accordance with § 50-2603(8)(B).

(May 21, 2002, D.C. Law 14-137, § 9g; as added Sept. 20, 2012, D.C. Law 19-168, § 6024(b), 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 6034, 60 DCR 12472.)

Section References

This section is referenced in § 50-2603.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added this section.

The 2013 amendment by D.C. Law 20-61 substituted “§ 50-2603(8)(B)” for “§ 50-2603(8)(C)” in (b).

Emergency Legislation

For temporary addition of D.C. Law 14-137, § 9g, concerning the Parking Meter Fund, see § 2 of the District Department of Transportation Parking Meter Fund Establishment Emergency Amendment Act of 2012 (D.C. Act 19-476, October 9, 2012, 59 DCR 12101).

For temporary (90 days) amendment of this section, see § 6034 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 6034 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

Section 2 of D.C. Law 19-212 added D.C. Law 14-137, § 9h, to read as follows:

“Sec. 9h. Parking Meter Fund.

“(a) For fiscal year 2013, there is established as a lapsing, special purpose revenue fund the Parking Meter Fund (‘Fund’). The Fund shall be administered by the Director of the District Department of Transportation and used for the following purposes:

“(1) To pay for the maintenance of parking meters in the District; and

“(2) To provide the local match for a Federal Highway Administration grant for performance parking.

“(b) Notwithstanding section 9g and section 3(h) of the District of Columbia Motor Vehicle Parking Facility Act of 1942, approved February 16, 1942 (56 Stat. 91; D.C. Official Code § 50-2603(8)), a total of $2.9 million in parking meter revenue shall be deposited into the Fund as of the effective date of this section.”

Section 4(b) of D.C. Law 19-212 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Section 6031 of D.C. Law 20-61 provided that Subtitle D of Title VI of the act may be cited as the “District Department of Transportation Parking Meter Revenue Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

§ 50–921.16. Bicycle Sharing Fund.

(a) There is established as a nonlapsing, special purpose revenue fund the Bicycle Sharing Fund (“Fund”). The fund shall be administered by the Director of the District Department of Transportation and used to pay for goods, services, property and for any other purpose under the Bike Sharing program established pursuant to § 50-921.04(a)(1)(K) .

(b) All revenue related to the Bike Sharing program, from whatever source derived, shall be deposited into the Fund as of March 19, 2013.

(c) All funds deposited into the Fund, including any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(May 21, 2002, D.C. Law 14-137, § 9f [renumbered]; as added Mar. 19, 2013, D.C. Law 19-234, § 2(c), 59 DCR 14772; renumbered as § 9h, July 23, 2014, D.C. Law 20-128, § 2(b), 61 DCR 5722; June 22, 2016, D.C. Law 21-124, § 101(c), 63 DCR 7076.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-234 added this section.

The 2014 amendment by D.C. Law 20-128 renumbered D.C. Law 14-137, § 9f, as added by D.C. Law 19-234, § 2(c), as D.C. Law 14-137, § 9h.

Emergency Legislation

For temporary (90 days) addition of D.C. Law 14-137, § 9h, concerning the Parking Meter Fund, see § 2 of the District Department of Transportation Parking Meter Fund Establishment Congressional Review Emergency Amendment Act of 2013 (D.C. Act 20-2, January 29, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 day) amendment of section, see § 2(b) of District Department of Transportation Bicycle Sharing Fund Emergency Amendment Act of 2012 (D.C. Act 19-424, July 27, 2012, 59 DCR 9375).

For temporary (90 day) addition of section, see § 2(c) of District Department of Transportation Bicycle Sharing Fund EmergencyAmendment Act of 2012 (D.C. Act 19-424, July 27, 2012, 59 DCR 9375).

Temporary Legislation

Section 2(b) of D.C. Law 19-198 repealed (b)(3).

Section 5(b) of D.C. Law 19-198 provided that the act shall expire after 225 days of its having taken effect.

§ 50–921.17. Transportation Infrastructure Project Review Fund.

(a) There is established as a special fund the Transportation Infrastructure Project Review Fund (“Fund”), which shall be administered by the Director of the DDOT in accordance with subsection (c) of this section.

(b) The Fund shall consist of the revenue collected from the following sources pursuant to § 50-921.02(f):

(1) Payments made by an individual or entity pursuant to an agreement entered into under § 50-921.02(f); and

(2) Payments made to the District for transportation infrastructure or public space improvements or mitigation measures, when the payments are made pursuant to an order of the Zoning Commission or the Board of Zoning Adjustment.

(1) To fund the review of a 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;

(2) To fund transportation infrastructure or public space improvements or mitigation measures related to a project on private property or public space that will 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;

(3) To fund transportation infrastructure or public space improvements or mitigation measures required pursuant to an order of the Zoning Commission or the Board of Zoning Adjustment; and

(4) To the extent not needed for the purposes set forth in paragraphs (1), (2), and (3) of this subsection, for local transportation enhancement projects, local transportation infrastructure projects, and studies on the effects of transportation infrastructure projects, including the effects of such projects on private property.

(d) The fees deposited into the Fund shall be separate from any funds paid for the temporary use of public space or the use of the public right of way, pursuant to Chapter 11 of Title 10 [§ 10-1101.01 et seq.].

(e)(1) The money deposited into the Fund, and any interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(May 21, 2002, D.C. Law 14-137, § 9i; as added July 23, 2014, D.C. Law 20-128, § 2(c), 61 DCR 5722.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(b) of the Transportation Infrastructure Mitigation Emergency Amendment Act of 2013 (D.C. Act 20-198, October 17, 2013, 60 DCR 15327).

For temporary (90 days) addition of D.C. Law 14-137, § 9i, concerning the Transportation Infrastructure Project Review Fund, see § 2(c) of the Transportation Infrastructure Mitigation Emergency Amendment Act of 2013 (D.C. Act 20-198, October 17, 2013, 60 DCR 15327).

For temporary (90 days) amendment of this section, see §§ 2(b) and 3 of the Transportation Infrastructure Mitigation Congressional ReviewEmergency Amendment Act of 2014 (D.C. Act 20-268, January 15, 2014, 61 DCR 785).

For temporary (90 days) addition of D.C. Law 14-137, § 9i, concerning the Transportation Infrastructure Project Review Fund, see §§ 2(c) and 3 of the Transportation Infrastructure Mitigation Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-268, January15, 2014, 61 DCR 785).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(b) of the Transportation Infrastructure Mitigation Temporary Amendment Act of 2013 (D.C. Law 20-68, February 22, 2014, 61 DCR 19.

For temporary (225 days) addition of D.C. Law 14-137, § 9i, concerning the Transportation Infrastructure Project Review Fund, see§ 2(c) of the Transportation Infrastructure Mitigation Temporary Amendment Act of 2013 (D.C. Law 20-68, February 22, 2014, 61 DCR19.

§ 50–921.18. Rules.

(a) The Director, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this subchapter.

(b) The rules may establish fees as may be necessary or useful for implementation of the subchapter, including permit application fees, fees for the use of public space, and fees for services provided by DDOT or rights or privileges granted by DDOT.

§ 50–921.19. Enforcement.

(a) The Director may inspect private property located on public space and private work performed within public space and may perform such other inspections necessary to protect the public space or public safety or ensure compliance with this subchapter, the regulations promulgated pursuant to this subchapter, or permits, notices, or orders issued pursuant to this subchapter.

(b) Civil fines and penalties may be imposed as sanctions for any violation of this subchapter or any rules promulgated under the authority of this subchapter, pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.] (“Civil Infractions Act”). Fines and penalties may be imposed for each day that a violation continues. Enforcement and adjudication of a violation shall be pursuant to the Civil Infractions Act.

(c)(1) For violations of this subchapter or any rules promulgated under the authority of this subchapter, the Director may issue a notice of infraction, pursuant to the Civil Infractions Act. The notice of infraction may impose a fine or penalty, may require the respondent to take action to correct a violation of a law or regulation or cease conduct that violates a law or regulation, or may both impose a fine or penalty and require the respondent to take action to correct a violation of a law or regulation or cease conduct that violates a law or regulation.

(2) If the notice of infraction requires the respondent to take action to correct a violation of a law or regulation or cease conduct that violates a law or regulation, the notice of infraction shall include the following information, in addition to the information required by § 2-1802.01:

(A) A description of the violation;

(B) A statement that the respondent’s conduct violating the applicable law or regulation must cease, or a statement the respondent must take action to correct the violation;

(D) A statement that if the respondent fails to comply with the notice or request a hearing within the stated time, the Director may:

(i) Remove and dispose of property unlawfully occupying public space and repair any damage to the public space caused by the violation;

(ii) Take action to protect the public from the effects and potential effects of the violation; and

(iii) Recover 3 times the cost and expense of removing and disposing of property unlawfully occupying public space, repairing any damage to the public space caused by the violation, and taking action to protect the public from the effects and potential effects of the violation.

(3) If a respondent does not comply with the notice or request a hearing pursuant to § 2-1802.01 by the date and time stated on the notice of infraction, the notice shall be deemed final. If a respondent does not comply with a notice that has been deemed final, the Director may:

(A) Remove private property unlawfully occupying public space;

(B) Repair any damage to the public space caused by the respondent’s violation;

(D) Recover the costs of the removal and repairs pursuant to subsection (f) of this section and § 2-1802.03;

(E) Through the Office of the Attorney General, petition the Superior Court of the District of Columbia to issue an order compelling compliance; or

(F) Take any other action authorized by law or regulation.

(4)(A) Whenever the Director takes action under paragraph (3)(A), (B), or (C) of this subsection, the Director shall serve a notice on the respondent describing the action that was taken. If property was removed from the public space, the notice shall describe the method by which the respondent may recover the property and the deadline by which the respondent must recover the property. The notice shall also state the amount, if any, to be assessed against the respondent pursuant to § 2-1802.03.

(B) A respondent may contest the amount assessed pursuant to subparagraph (A) of this paragraph by requesting a hearing pursuant to § 2-1802.01.

(d)(1) Where a violation of this subchapter or a rule promulgated under the authority of this subchapter presents an actual or potential hazard to the public, the Director may summarily remove private property unlawfully occupying public space, repair damage to the public space caused by the violation, and take action to protect the public from the effects and potential effects of the violation. If such action is taken by the Director, the Director shall issue a notice of infraction pursuant to the Civil Infractions Act

(2) In addition to the information required under § 2-1802.01(b), the notice of infraction shall include the following information:

(A) A description of the action taken by the Director;

(B) The amount the respondent must pay pursuant to subsection (f) of this section; provided, that the Director may recover the costs and expenses authorized by subsection (f) of this section, or any portion of those costs and expenses, through a separate notice of infraction;

(C) A statement that the respondent has a right to request an expedited hearing by making this request in writing within 5 days after service of the notice;

(D) The method by which the respondent may recover property removed from the public space, if any; and

(E) The deadline by which the respondent must recover the property.

(3) If a respondent has requested an expedited hearing, the Office of Administrative Hearings shall conduct the hearing within 72 hours after receipt of the request.

(e)(1) The Director shall store private property removed from the public space pursuant to subsection (c) or (d) of this section for at least 15 days after the service of the notice.

(2) If the respondent does not recover the property by the date set forth in the notice, the Director may, in accordance with reasonable business practices, sell or otherwise dispose of the property.

(3)(A) A respondent who fails to reclaim the property within the time prescribed shall nevertheless be entitled to recover the fair market value of any property disposed of pursuant to this subsection if:

(i) The respondent timely requests a hearing;

(ii) The administrative law judge dismisses the notice or order or finds no violation; and

(iii) The respondent establishes the property’s fair market value by a preponderance of the evidence.

(B) For the purposes of this subparagraph, if the District has sold the property, the price paid by a good faith purchaser, other than the respondent, shall establish a rebuttable presumption of the fair market value of the property. In no event, however, shall the respondent be entitled to recover an amount greater than the price paid by the purchaser.

(f) The Director may recover 3 times the cost and expense of removing and disposing of property unlawfully occupying public space, repairing any damage to the public space caused by the violation, and taking action to protect the public from the effects and potential effects of the violation pursuant to subsections (c) and (d) of this section.

(g) Not Funded.

§ 50–921.20. Vision Zero Pedestrian and Bicycle Safety Fund.

(a) There is established as a special fund the Vision Zero Pedestrian and Bicycle Safety Fund (“Fund”), which shall be administered by the Director of DDOT in accordance with subsection (c) of this section.

(b) There shall be deposited in the Fund:

(1) $500,000 per fiscal year from the fines generated from the automated traffic enforcement system, authorized by § 50-2209.01; and

(2) Fees received by the Department of Motor Vehicles, pursuant to § 50-1501.02c(b)(1).

(c) The Fund shall be used solely to enhance the safety and quality of pedestrian and bicycle transportation, including education, engineering, and enforcement efforts designed to calm traffic and provide safe routes.

(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and fiscal plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

§ 50–921.21. Congestion management studies.

(a) No later than September 30, 2016, the Department shall make publicly available a congestion management study that includes at a minimum:

(1) An assessment of the current state of congestion in the District;

(2) A collection of data, using objective criteria, that demonstrates the average commute times for District residents based on each of the following modes of transportation:

(A) Walking;

(B) Bicycling;

(D) By driving a personal car;

(3) Recommendations for remedying existing congestion problems in the District; and

(4) One-year, 3-year, and 5-year plans for implementing the recommendations required by paragraph (3) of this section [subsection].

(b) By July 1, 2020, the District Department of Transportation, in consultation with the Office of the Chief Financial Officer, other District agencies, or organizations such as DC Sustainable Transportation, as needed, shall make publicly available a study that evaluates and makes recommendations regarding the potential benefits of congestion pricing on the District, including:

(1) An analysis of the effect of intra-district tolls;

(2) An analysis of the effect of tolls for vehicles entering the District via the District's bridges;

(3) An analysis of the effect of different pricing strategies;

(4) An analysis of how different pricing strategies would be compatible with the introduction of autonomous vehicles;

(5) An analysis of the effect on demographic, geographical, and income-level equity, as well as the effect on District residents and non-residents;

(6) An analysis of the potential to raise revenue; and

(7) An analysis of the potential benefits of regional collaboration.

(c)(1) By October 1, 2023, DDOT shall execute a contract for a study that updates the findings of the study conducted pursuant to subsection (b) of this section ("the prior study").

(2) The contract entered into pursuant to paragraph (1) of this subsection shall:

(A) Ensure that the study is developed in consultation with entities with expertise in transportation, including the organization that contracted for the prior study;

(B) Ensure that the study utilizes the same methodology as the prior study, except for any updates necessary to account for changes in commuting patterns since completion of the prior study; and

(C) Require the contracting party to transmit the study to the Council and the Chair of the Council Committee with oversight of DDOT by January 1, 2024, but not otherwise limit the contracting party's ability to share the study or any research conducted while developing the study; except, that DDOT may include provisions in the contract limiting references in the study to the District government, and may include a requirement that the study specify that the findings are not attributable to the District government.

§ 50–921.22. DDOT Stormwater Retention Credit Fund.

(a) There is established as a special fund the DDOT Stormwater Retention Credit Fund (“Fund”), which shall be administered by the Director in accordance with subsection (c) of this section.

(b) Revenue from the following sources shall be deposited in the Fund:

(1) Revenue received directly from the sale of a Stormwater Retention Credit (“SRC”) by the Director;

(2) Revenue received through lease of District property or public space by the Department for the purpose of generating or selling a SRC;

(3) Revenue received through the lease of a stormwater best management practice on District property or public space by the Department for the purpose of generating or selling a SRC;

(4) Revenue received from a third-party intermediary in exchange for giving the third-party intermediary the authority to sell, or broker the sale of, a SRC generated on District property or public space under the control of the Department; and

(5) Revenue received by the Department pursuant to a contract for the installation and maintenance of a stormwater best management practice on property or public space under the control of the Department.

(c)(1) Money in the Fund shall be used for the following purposes:

(A) To fulfill or exceed the District’s obligations pursuant to the MS4 Permit; and

(B) To install, operate, and maintain stormwater retention projects regulated by the District’s MS4 Permit.

(2) The Director may sell a SRC generated on District property or public space under the control of the Department, upon the certification of the SRC by the District Department of the Environment.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(e) The Director shall publish on the Department’s website, at least annually, a report describing how money in the Fund has been spent, including the following information:

(1) The total amount of SRC payments deposited in the Fund to date;

(2) The total amount of money spent from the Fund to date;

(3) For each sub-drainage area or watershed, the aggregate values of SRC purchased per year; and

(4) For each of the stormwater best management practices installed using money from the Fund, the type of stormwater best management practice used by the facility, the number of gallons of stormwater retained by the facility, the sub-drainage or watershed location of the facility, and a summary of the capital and maintenance costs of the project.

(f) For the purposes of this section, the term:

(1) “MS4 Permit” shall have the same meaning as provided in § 8-151.01(15).

(2) “Stormwater best management practice” shall have the same meaning as provided in § 8-151.01(14).

(3) “Stormwater Retention Credit” shall have the same meaning as provided in 21 DCMR § 599.

§ 50–921.23. Electric Vehicle Charging Station Pilot Program.

(a) There is established an Electric Vehicle Charging Station Pilot Program ("Pilot Program"), which shall be administered by DDOT.

(b)(1) By January 1, 2019, DDOT shall install at least 15 electric vehicle charging stations, including at least one electric vehicle charging station in each ward. Each electric vehicle charging station shall have the capacity to charge more than one vehicle simultaneously.

(2) Repealed.

(c) All electric vehicle charging stations installed pursuant to subsection (b) of this section shall be capable of collecting and transmitting data in real time to DDOT, including:

(1) The amount of energy consumed at the electric vehicle charging stations;

(2) The location, time of day, and length of time of each use of an electric vehicle charging station; and

(3) How customers paid for the use of an electric vehicle charging station.

(d) Beginning January 1, 2020, and on an annual basis thereafter, DDOT shall submit to the Council and make publicly available an annual report that:

(1) Analyzes the data collected pursuant to subsection (c) of this section; and

(2) Makes recommendations regarding:

(A) Whether to continue any agreements entered into pursuant to subsection (b)(2) of this section;

(B) Improving access to electric vehicle charging stations;

(D) The level of power the electric vehicle charging stations should provide; and

(E) Other policies or programs that could encourage the use of electric vehicles.

(e) DDOT shall publish on its website a map identifying the location of all electric vehicle charging stations. DDOT shall update the map, at a minimum, on a quarterly basis.

§ 50–921.24. Comprehensive clean vehicle transition plan.

By July 1, 2021, DDOT shall prepare and submit to the Mayor, as well as publish on its website, a comprehensive clean vehicle transition plan outlining strategies that will encourage and promote the adoption of zero-emission vehicles by drivers in the District. In preparing the plan, DDOT shall consult with the Office of the State Superintendent of Education and other stakeholders. The plan shall include recommendations for policies, including cost estimates and timelines, estimated to achieve:

(1) At least 25% zero-emission vehicle registrations by calendar year 2030;

(2) 100% replacement of public buses, including school buses, with electric public buses upon the end of their useful life, by calendar year 2021; and

(3) Implementation of the transportation electrification program established pursuant to § 50-741.

§ 50–921.25. ATE system revenue designation.

*NOTE: This section includes amendments by emergency legislation that will expire on June 23, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Past Permanent Version.*

(a) There is established as a special fund, the Vision Zero Enhancement Omnibus Amendment Act Implementation Fund ("Fund"), which shall be administered by the Director of the District Department of Transportation ("Director") in accordance with subsections (c) and (d) of this section.

(b) There shall be deposited in the Fund revenue from fines generated from the automated traffic enforcement system, authorized by § 50-2209.01, in excess of the following thresholds:

(1) For Fiscal Year 2024, $116,989,000;

(2) For Fiscal Year 2025, $299,467,000;

(3) For Fiscal Year 2026, $287,541,000; and

(4) For Fiscal Year 2027 and each fiscal year thereafter, $277,341,000.

(c)(1) Money in the Fund shall be used according to the following order of priority:

(A) To implement sections 3, 4, 5, 7, 8(a), (b), (c), and (e), and 12 of the Vision Zero Enhancement Omnibus Amendment Act of 2020, effective December 23, 2020, (D.C. Law 23-158; 67 DCR 13057), including to pay recurring costs;

(B) To implement the Safer Streets Amendment Act of 2022, enacted on November 1, 2022 (Enrolled version of Bill 24-673), including to pay recurring costs;

(D) To enhance the safety and quality of pedestrian and bicycle transportation, including education, engineering, and enforcement efforts designed to calm traffic and provide safe routes.

(2) The Director is authorized to enter into intra-District transfers from the Fund and other agreements as necessary to implement provisions of the Automated Traffic Enforcement System Revenue Designation Amendment Act of 2022, passed on 2nd reading on December 20, 2022 (Enrolled version Bill 24-1029).

(d)(1) The money deposited into the Fund shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

§ 50–921.26. DC Water Facility Work Fund.

(a) There is established as a special fund the DC Water Facility Work Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (c) of this section.

(b) All revenue received by the District government from the District of Columbia Water and Sewer Authority ("DC Water") pursuant to the Memorandum of Agreement between DDOT and DC Water, dated October 4, 2002 ("Agreement"), shall be deposited in the Fund.

(c) Money in the Fund shall be used to pay for or reimburse costs incurred by the District government for the design, construction, inspection, and administration of DC Water facility work covered by the Agreement.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

§ 50–921.27. Electric Bicycle Incentive Program.

(a) For the purposes of this section, the term:

(1) "Applicant" means a person who submits an application to the Electric Bicycle Incentive Program established pursuant to this section.

(2) "Authorized retailer" means a retailer within the District with which DDOT has entered into a memorandum of agreement, as described in subsection (g) of this section, to redeem applicants' vouchers for a discount on the purchase price of a covered item at the point of sale.

(3) "Covered item" means:

(A) An e-bike;

(B) An e-cargo bike;

(D) E-bike components intended to address an applicant's disability;

(E) Annual maintenance; or

(F) A bicycle lock.

(4) "E-cargo bike" means an e-bike:

(A) Designed to carry:

(i) One or more passengers in addition to the rider; or

(ii) A cargo load of at least 100 pounds; and

(B) With an extended frame, such as a long tail, long john, Bakfiet, or box bike.

(5) "Electric bicycle" or "e-bike" means a vehicle with:

(A) A post-mounted seat or saddle for each person that the device is designed and equipped to carry;

(B) Two or 3 wheels that are in contact with the ground and are at least 16 inches in diameter;

(D) A motor incapable of propelling the device at a speed of more than 20 miles per hour on level ground.

(6) "Preferred applicant" means an applicant who is currently enrolled in:

(A) Temporary Assistance for Needy Families, the Supplemental Nutrition Assistance Program, or Medicaid; or

(B) The Healthcare Alliance, pursuant to Chapter 14 of Title 7.

(b)(1) There is established the Electric Bicycle Incentive Program ("Program") within DDOT to provide financial incentives to District residents with the goal of encouraging the purchase and use of e-bikes.

(2) The Program, subject to the availability of funding, shall issue:

(A) Rebates to eligible applicants to reimburse the applicants for the cost of a covered item the applicant has already purchased from a retailer within the District; and

(B) Vouchers to eligible applicants to be accepted by an authorized retailer for a discount on the purchase price of a covered item purchased from the authorized retailer at the point of sale; and

(C) Payments to authorized retailers to cover the costs of accepting vouchers for a discount on the purchase price of a covered item at the point of sale.

(3) The Program shall not issue rebates, nor shall authorized retailers accept vouchers, for the purchase of a covered item unless the covered item:

(A) Can legally be owned and, if applicable, operated in the District; and

(B) Is in compliance the following safety standards:

(i) ANSI/CAN/UL 2272 – Standard for Electrical Systems for Personal E-Mobility Devices and ANSI/CAN/UL 2849 – Standard for Safety for Electrical Systems for e-bikes; or

(ii) Any safety standard endorsed by the U.S. Consumer Products Safety Commission that supersedes the safety standards described in sub-subparagraph (i) of this paragraph.

(c)(1) To be eligible for a rebate or voucher, an individual shall submit an application, in a form to be determined by DDOT, demonstrating that the applicant:

(A) Is a District resident 18 years of age or older;

(B) Is a preferred applicant, if the applicant is seeking to qualify as a preferred applicant;

(i) Seeking a rebate, has purchased any covered item for personal use, including commuting, after November 28, 2023; or

(ii) Seeking a voucher, is seeking to purchase a covered item for personal use, including commuting; and

(D) If seeking a rebate or voucher for the purchase of:

(i) An e-bike or e-cargo bike, has not previously received a rebate or voucher from the Program for the purchase of an e-bike or e-cargo bike;

(ii) A replacement battery, e-bike components intended to address an applicant's disability, or a bicycle lock, has not previously received a rebate or voucher from the Program for the purchase of a replacement battery, e-bike components intended to address an applicant's disability, or a bicycle lock within the last 4 years; or

(iii) Annual maintenance, has not previously received a rebate or voucher from the Program for the purchase of annual maintenance within the last year.

(2) DDOT may:

(A) Adopt additional requirements:

(i) For issuing rebates or vouchers for an e-bike replacement battery, e-bike components intended to address an applicant's disability, annual maintenance, or bicycle lock, including proof that the applicant has owned or possessed an e-bike for a certain period of time or used the e-bike to travel certain distances, to further incentivize the use of e-bikes; and

(ii) Limiting or regulating an applicant's resale of covered items for which a rebate or voucher was issued; and

(B) To improve the administrability of the program, prioritize the issuance of either rebates or vouchers in lieu of the other incentive.

(3) DDOT shall, to the extent practicable, ensure the content, format, and release of the application for financial incentives under this section is developed and implemented in a manner that increases the submission of applications from preferred applicants.

(d)(1) Upon approval of a:

(A) Rebate application, the Program shall provide a rebate to the eligible applicant; and

(B) Voucher application, the Program shall provide a voucher to the eligible applicant; provided, that the Program may specify the covered items to which the voucher may be applied.

(2) Rebates or vouchers issued to eligible applicants, and payments issued to authorized retailers, shall not exceed:

(A) For preferred applicants:

(i) $2,000 for a qualifying e-cargo bike;

(ii) $1,500 for a qualifying e-bike;

(iii) $300 for a qualifying e-bike replacement battery;

(iv) $250 for annual maintenance, including parts and labor;

(v) $250 for e-bike components intended to address an applicant's disability; and

(vi) $150 for a bicycle lock; or

(B) For other applicants:

(i) $1,000 for a qualifying e-cargo bike;

(ii) $750 for a qualifying e-bike;

(iii) $150 for a qualifying e-bike replacement battery;

(iv) $125 for annual maintenance, including parts and labor;

(v) $125 for e-bike components intended to address an applicant's disability; and

(vi) $75 for a bicycle lock.

(3) Upon notification that an authorized retailer has accepted a voucher and applied a discount to the purchase price of a covered item at the point of sale, the Program shall provide a payment to the authorized retailer equal to the value of the voucher.

(4) Notwithstanding paragraphs (2) and (3) of this subsection, rebates and vouchers issued to applicants, and payments issued to authorized retailers, shall not exceed the actual purchase price of the covered items for which the rebate or voucher is sought.

(5) At least 50% of the total value of rebates or vouchers issued to applicants over the course of a single fiscal year shall be issued to preferred applicants.

(e) Any rebate or voucher issued under this section shall not be considered District gross income pursuant to § 47-1803.02(a)(2)(ZZ).

(f) DDOT shall maintain on its website:

(1) A list of current authorized retailers; and

(2) A tally of the total number and value of rebates, vouchers, and payments issued pursuant to this section.

(g)(1) The Mayor may enter into a memorandum of agreement with a retailer allowing the retailer to become an authorized retailer and establishing a process for:

(A) Accepting vouchers issued to applicants for a discount, equal to the value of the voucher, on the purchase price of any covered item for which the voucher was issued;

(B) Notifying the Program of when it has accepted a voucher; and

(C) Receiving a payment from the Program equal to the discount provided to the applicant by the authorized retailer on the purchase of any covered item for which the voucher was accepted.

(2) To be eligible to serve as an authorized retailer, the retailer shall:

(A)(i) Have a physical retail location in the District as of November 28, 2023; or

(ii) Be eligible to be certified as a certified business enterprise, as that term is defined in § 2-218.02(1D); and

(B) Offer repair services at the physical location in the District for any e-bikes purchased with a rebate or voucher under this section for a period of time to be determined by the Program.".

(h) Subject to the availability of funding, the Mayor may provide a grant to a retail store that submits an application, in a form to be determined by the Mayor, in an amount not to exceed:

(1) $10,000 annually to defray costs associated with hiring, training, and maintaining bicycle repair workers at a retail store within the District; or

(2) $50,000 to defray costs associated with opening a retail establishment located in Ward 7 or 8 that:

(A) Sells e-bikes; or

(B) Provides repairs and other services for e-bikes or traditional bicycles.

(i) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within the 45-day review period, the proposed rules shall be deemed approved.

Subchapter II. DC Circulator Bus Service.

§ 50–921.31. Definitions.

For the purposes of this subchapter, the term:

(1) “DC Circulator” means a local transit facility passenger bus service operated by the District of Columbia government that provides a network of fixed-route bus service solely within the District of Columbia.

(2) “DC Circulator Fund” means the fund established by § 50-921.33.

(3) “Department” means the District Department of Transportation.

(4) “Ticket” means passes, tokens, or any other form of payment, including those sold in bulk for resale, that may be used in lieu of cash.

(5) “WMATA” means the Washington Metropolitan Area Transit Authority created pursuant to § 9-1107.01.

(May 21, 2002, D.C. Law 14-137, § 11a; as added Mar. 6, 2007, D.C. Law 16-225, § 3(e), 53 DCR 10232.)

Emergency Legislation

For temporary (90 day) addition, see § 3(b) of District Department of Transportation DC Circulator Emergency Amendment Act of 2006 (D.C. Act 16-321, March 23, 2006, 53 DCR 2557).

For temporary (90 day) addition, see § 3(e) of District Department of Transportation DC Circulator Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-3, January 16, 2007, 54 DCR 1439).

Temporary Legislation

For temporary (225 day) addition, see § 3(b) of District Department of Transportation DC Circulator Temporary Amendment Act of 2006 (D.C. Law 16-134, June 16, 2006, law notification 53 DCR 5762).

§ 50–921.32. DC Circulator.

The Department shall have the power to:

(1) Plan, develop, finance, operate, control, and regulate the DC Circulator, including fares, charges, tickets, fines, and the establishment of routes and schedules;

(2) Sell space on and within DC Circulator vehicles or other assets for the display of advertisements and enter into one or more agreements with entities to sell such space on such vehicles or other assets in return for a fee, a percentage of such revenues, or as a gift or donation of services approved by the Mayor;

(3) Enter into contracts with third parties, including WMATA for the procurement, construction, operation, and maintenance of DC Circulator vehicles or other assets; and

(4) Enter into agreements to allow the private sponsorship of vehicles, equipment, and facilities used in the DC Circulator program, and the placement of a corporate logo, slogan, or other indicia of sponsorship on the vehicles, equipment, or facilities, and on related websites and social media; provided, that a proposed private sponsorship agreement entered into pursuant to this paragraph shall be submitted, before execution, to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. The agreement submitted to the Council shall include detailed information about the proposed private sponsorship agreement, including, if the agreement contemplates the placement of a corporate logo, slogan, or other indicia of sponsorship on the vehicles, equipment, or facilities, or websites or social media, a drawing depicting how the vehicles, equipment, or facilities, or websites or social media, will appear. If the Council does not approve or disapprove the proposed private sponsorship agreement by resolution within this 45-day review period, the proposed private sponsorship agreement shall be deemed approved.

(May 21, 2002, D.C. Law 14-137, § 11b; as added Mar. 6, 2007, D.C. Law 16-225, § 3(e), 53 DCR 10232; Dec. 13, 2017, D.C. Law 22-33, § 6072(b), 64 DCR 7652.)

Section References

This section is referenced in § 50-921.33.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6072(b) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 6072(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) addition, see § 3(d) of District Department of Transportation DC Circulator Emergency Amendment Act of 2006 (D.C. Act 16-321, March 23, 2006, 53 DCR 2557).

Temporary Legislation

For temporary (225 day) addition, see § 3(d) of District Department of Transportation DC Circulator Temporary Amendment Act of 2006 (D.C. Law 16-134, June 16, 2006, law notification 53 DCR 5762).

§ 50–921.33. DC Circulator Fund establishment.

(a) There is hereby established the DC Circulator Fund as a nonlapsing special fund, the funds of which shall be for the Department to pay for goods, services, property, or for any other authorized purpose, subject to authorization by Congress, into which shall be deposited all revenue collected pursuant to § 50-921.32 by the District, WMATA, or their agents, parking meter revenue from the National Park Service for meters on the Mall, and all monetary gifts intended to be used to assist in the funding of the DC Circulator.

(b) Notwithstanding subsection (a) of this section, during any period of time in which a contract with WMATA is in effect, monies from the payment of fares, the purchase of tickets, and the sale of advertising space by third parties may be, with the written consent of the Chief Financial Officer for the District of Columbia and pursuant to the terms of the contract, deposited in a WMATA interest bearing account for the benefit of the District of Columbia and used by WMATA to offset its costs of contract performance, but only to the extent that Congress has appropriated funds to the District to perform or procure those services; provided, that for a period of 8 months following March 2, 2010, no DC Circulator route shall replace more than 20% of the revenue miles or revenue hours of any WMATA route.

(May 21, 2002, D.C. Law 14-137, § 11c; as added Mar. 6, 2007, D.C. Law 16-225, § 3(e), 53 DCR 10232; May 27, 2010, D.C. Law 18-182, § 2(a), 57 DCR 3404; Sept. 14, 2011, D.C. Law 19-21, § 9093, 58 DCR 6226; Dec. 24, 2013, D.C. Law 20-61, § 6112, 60 DCR 12472.)

Section References

This section is referenced in § 50-921.31.

Effect of Amendments

D.C. Law 18-182, in subsec. (b), substituted “procure those services; provided, that for a period of 8 months following May 27, 2010, no DC Circulator route shall replace more than 20% of the revenue miles or revenue hours of any WMATA route.” for “procure those services.”.

D.C. Law 19-21, in subsec. (a), substituted “lapsing” for “nonlapsing, revolving”.

The 2013 amendment by D.C. Law 20-61, in (a), substituted “nonlapsing special fund” for “lapsing special purpose revenue fund” and substituted “or their agents, parking meter revenue from the National Park Service for meters on the Mall” for “or their agents”.

Emergency Legislation

For temporary (90 day) addition, see § 3(d) of District Department of Transportation DC Circulator Emergency Amendment Act of 2006 (D.C. Act 16-321, March 23, 2006, 53 DCR 2557).

For temporary (90 days) amendment of this section, see § 6112 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 6112 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

For temporary (225 day) addition, see § 3(d) of District Department of Transportation DC Circulator Temporary Amendment Act of 2006 (D.C. Law 16-134, June 16, 2006, law notification 53 DCR 5762).

Short Title

Section 6111 of D.C. Law 20-61 provided that Subtitle L of Title VI of the act may be cited as the “District Department of Transportation DC Circulator Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

§ 50–921.34. Fares; structure; purpose.

(a) Insofar as practicable, and consistent with the provision of adequate service at reasonable fares, the rates and fares and service shall be fixed by the Department, so as to result in revenues that shall:

(1) Pay the operating expenses and provide for repairs, maintenance, and depreciation of the DC Circulator vehicles or other assets owned or controlled by the District;

(2) Provide for payment of all principal and interest on outstanding revenue bonds; and

(3) Provide funds for any purpose the Department considers necessary and desirable to carry out the purposes of this section.

(b) The base fare to ride the DC Circulator shall be at least $1; except, that the Department may provide discounts for:

(1) Seniors, veterans, students, children, and disabled persons;

(2) All riders during a public health emergency declared by the Mayor;

(3) All riders during promotional periods; provided, that promotional periods may not cumulatively total more than 2 months in a calendar year; and

(4) Transfers.

(May 21, 2002, D.C. Law 14-137, § 11d; as added Mar. 6, 2007, D.C. Law 16-225, § 3(e), 53 DCR 10232; Dec. 24, 2013, D.C. Law 20-61, § 10004, 60 DCR 12472; Nov. 13, 2021, D.C. Law 24-45, § 6082, 68 DCR 010163.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 added (c).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6082 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 day) addition, see § 3(d) of District Department of Transportation DC Circulator Emergency Amendment Act of 2006 (D.C. Act 16-321, March 23, 2006, 53 DCR 2557).

For temporary (90 days) amendment of this section, see § 10004 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 10004 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

For temporary (225 day) addition, see § 3(d) of District Department of Transportation DC Circulator Temporary Amendment Act of 2006 (D.C. Law 16-134, June 16, 2006, law notification 53 DCR 5762).

Short Title

Section 10001 of D.C. Law 20-61 provided that Title X of the act may be cited as the “Revised Revenue Estimate Adjustment Allocation Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.

§ 50–921.35. Rulemaking; enforcement.

(a) Except as provided in subsection (a-1) of this section, the Mayor, or his designee, may promulgate, amend, or repeal rules to implement the provisions of this subchapter, including the manner and amount of any fares, fees, or fines, pursuant to the Mayor’s authority under subchapter I of Chapter 5 of Title 2.

(a-1)(1) Before making a fare or service adjustment for the DC Circulator, the Mayor shall hold at least one public hearing and publish notice of the fare or service adjustment in the District of Columbia Register. The notice shall:

(A) Establish a public comment period of not fewer than 45 days from the date of publication;

(B) Set a date for a public hearing on the fare or service adjustment, which shall be held not fewer than 20 days from the date of publication; and

(i) A summary of the proposed fare or service adjustment;

(ii) A proposed timeline for the implementation of the fare or service adjustment;

(iii) An equity analysis illustrating any disparate impact of the proposed fare or service adjustment on populations protected under Title VI of the Civil Rights Act of 1964, approved July 2, 1964 (78 Stat. 252; 42 U.S.C. § 2000d et seq.); and

(iv) An explanation of the necessity of the fare or service adjustment and a description of alternative fare or service adjustments examined.

(2) In the event of an emergency declaration, the Mayor may make a fare or service adjustment for the DC Circulator for the duration of the emergency without complying with the requirements of paragraph (1) of this subsection.

(3) For the purposes of this subsection, the term "fare or service adjustment" shall mean a change in the fare, the creation of a new route, or a significant change to an existing route or schedule of the DC Circulator.

(b) Civil fines, penalties, and fees may be imposed as sanctions for an infraction of any rule promulgated under subsection (a) of this section pursuant to Chapter 18 of Title 2.

(May 21, 2002, D.C. Law 14-137, § 11e; as added Mar. 6, 2007, D.C. Law 16-225, § 3(e), 53 DCR 10232; June 22, 2016, D.C. Law 21-124, § 101(d), 63 DCR 7076.)

Emergency Legislation

For temporary (90 day) addition, see § 3(d) of District Department of Transportation DC Circulator Emergency Amendment Act of 2006 (D.C. Act 16-321, March 23, 2006, 53 DCR 2557).

Temporary Legislation

For temporary (225 day) addition, see § 3(d) of District Department of Transportation DC Circulator Temporary Amendment Act of 2006 (D.C. Law 16-134, June 16, 2006, law notification 53 DCR 5762).

Delegation of Authority

Delegation of Authority-Department of Transportation Establishment Act of 2002, see Mayor’s Order 2009-43, March 26, 2009 ( 56 DCR 6781).

§ 50–921.36. Consolidation with WMATA.

The District Department of Transportation shall coordinate with WMATA to evaluate whether operations under this subchapter should be consolidated with existing services provided by WMATA, while maintaining the distinctive features of the DC Circulator service.

§ 50–921.37. Jurisdictional applicability.

The District Department of Transportation is authorized to plan, develop, finance, and operate the DC Circulator, as set forth in this subchapter, solely within the District of Columbia. Any expansion of the DC Circulator or such like service by another name into a jurisdiction beyond the District of Columbia shall require Council approval.

§ 50–921.38. Jurisdiction expansion and evaluation.

(a) Pursuant to § 50-921.37, the Council approves the expansion of the DC Circulator to and from Rossyln Metro station in Arlington, Virginia, once it assumes the route for the Georgetown Metro Connection.

(b) No later than 6 months after the initiation of service authorized in subsection (a) of this section, the Mayor shall submit to the Council a report for this route. The report shall include:

(1) The overall ridership statistics;

(2) The passenger origin and destination statistics;

(3) The bus stop utilization rates;

(4) The operating and capital costs;

(5) The impact of DC Circulator expansion on the finances and viability of WMATA Metrobus routes;

(6) The WMATA estimates for the cost of extending Metrobus route 38B to Dupont Circle; and

(7) The WMATA estimates for the cost of adding new Metrobus service between the Rosslyn Metro station and Dupont Circle, with buses operating at intervals similar to buses of the DC Circulator route authorized under this section.

Subchapter III. Capital Project Review and Reconciliation.

§ 50–921.51. Definitions.

For the purposes of this subchapter, the term:

(1) “CFO” means the Chief Financial Officer of the District of Columbia.

(2) “Director of Capital Programs” means the Director of Capital Programs within the Office of Budget and Planning of the Office of the Chief Financial Officer.

(3) “Inactive” means that no nonpersonal service funds have been obligated or expended for a capital project during the immediately preceding months.

(4) Repealed.

§ 50–921.52. Criteria for closing capital projects.

(a) For any capital project funded with local transportation revenues, the CFO, in consultation with the Mayor, may close the project if the project:

(1) Has obligated or expended funds in excess of its approved budget; or

(2) Has been inactive for 12 months or longer.

(b) For any capital project funded from revenues in the District of Columbia Highway Trust Fund, the CFO, in consultation with the Mayor and the Federal Highway Administration Division, may close the project if the project:

(1) Has been closed by the United States Department of Transportation;

(2) Has an open balance of:

(A) $500,000 or more, and has been inactive for 12 months;

(B) Between $50,000 and $499,999, and has been inactive for 24 months; or

(3) Has obligated or expended funds in excess of its approved budget.

(c) If a capital project has a budget allotment in excess of its budget authority, the CFO, in consultation with the Mayor, may adjust the allotment to align it with the correct budget authority.

(d) The CFO may delegate the authority granted to him or her by this section to the Director of Capital Programs.

§ 50–921.53. Use of funds resulting from closure.

(a) Funds resulting from the closure of a capital project pursuant to § 50-921.52(a) shall be allocated to restore funding to the Vision Zero Pedestrian and Bicycle Safety Fund, established by § 50-921.20, up to an annual level of $1.5 million and then to the District-wide PAVEDC-Local Street Paving Project; provided, that funds specific to non-participating costs shall be allocated to the non-participating Highway Trust Fund Support project.

(b) Funds resulting from the closure of capital projects pursuant to § 50-921.52(b) shall be allocated to the Federal Highway Administration capital projects approved for the current fiscal year as part of that year’s Budget Request Act.

(May 21, 2002, D.C. Law 14-137, § 11j [11k]; as added Sept. 20, 2012, D.C. Law 19-168, § 9002, 59 DCR 8025; Feb. 26, 2015, D.C. Law 20-155, § 8012, 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 6033(b), 62 DCR 10905; Sept. 6, 2023, D.C. Law 25-50, § 7027(b)(2), 70 DCR 10366.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added this section.

The 2015 amendment by D.C. Law 20-155 rewrote (a).

The 2015 amendment by D.C. Law 21-36 substituted “the Vision Zero Pedestrian and Bicycle Safety Fund, established by § 50-921.20” for “the Pedestrian and Bicycle Safety Enhancement Fund, established by § 1-325.131” in (a).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 8012 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 8012 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 8012 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 6033(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

§ 50–921.54. Quarterly summary.

The CFO shall submit to the Mayor and the Council a quarterly summary of all capital project closures conducted pursuant to this subchapter.

(May 21, 2002, D.C. Law 14-137, § 11k [11l]; as added Sept. 20, 2012, D.C. Law 19-168, § 9002, 59 DCR 8025.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added this section.

Editor's Notes

Section 9012 of D.C. Law 19-168 provided that beginning October 1, 2012, the Mayor shall submit to the Council, on a quarterly basis, a report certified by the Chief Financial Officer of the District of Columbia providing the lists of the projects or accounts to which any budget obligations or cash expenditures have been charged or reclassified under the Office of Contracting and Procurement’s Article 3 provision for emergency approval of expenditures for the District Department of Transportation. The quarterly reports shall include documentation of sufficient capital budget to support the obligations or expenditures.

Subchapter IV. DC Streetcar Service.

§ 50–921.71. Definitions.

For the purposes of this subchapter, the term:

(1) “DC Streetcar” means a local fixed guideway transit network offering rail passenger service operated by the District government or its agent.

(2) “DC Streetcar Fund” or “Fund” means the fund established by § 50-921.73.

(3) “Ticket” includes a pass, token, or any other form of payment, including payments sold in bulk for resale, which may be used in lieu of cash.

(May 21, 2002, D.C. Law 14-137, § 11m; as added Apr. 20, 2013, D.C. Law 19-268, § 3, 60 DCR 1709.)

Section References

This section is referenced in § 2-1831.03.

Effect of Amendments

The 2013 amendment by D.C. Law 19-268 added this section.

Emergency Legislation

For temporary (90 days) amendment of D.C. Law 19-268, § 5, see § 6162 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Section 6052 of D.C. Law 21-160 repealed section 5 of D.C. Law 19-268, and therefore this subchapter no longer expires.

D.C. Law 19-268, § 3, added Title V, consisting of §§ 11m to 11s, to D.C. Law 14-137.

Section 4 of D.C. Law 19-268 provided: “Comprehensive financing and governance plan. On or before December 31, 2013, the Mayor’s DC Streetcar Financing and Governance Task Force shall develop a comprehensive financing and governance plan for DC Streetcar, and shall transmit this plan to the Council.”

Section 5 of D.C. Law 19-268 provided that this subchapter shall expire as of September 30, 2015.

Section 5 of D.C. Law 19-268, as amended by D.C. Law 21-36, §§ 6162 and 6163, provided that this subchapter shall expire as of September 30, 2016.

§ 50–921.72. DC Streetcar.

The Department shall have the power to:

(1) Plan, develop, operate, control, and regulate the DC Streetcar, including establishing fares, charges, tickets, fines, and routes and schedules;

(2) Sell space on and within DC Streetcar vehicles or other assets for the display of advertisements and enter into agreements with entities to sell space on vehicles or other assets in return for a fee, or as a gift or donation of services approved by the Mayor;

(3) Enter into contracts with third parties for the design, construction, operation, and maintenance of the DC Streetcar;

(4) Concurrent with any other agency’s authority to do so, enforce violations of this subchapter and regulations promulgated thereunder, with respect to fare payment; and

(5) Enter into agreements to allow the private sponsorship of vehicles, equipment, and facilities used in the DC Streetcar program, and the placement of a corporate logo, slogan, or other indicia of sponsorship on the vehicles, equipment, or facilities, and on related websites and social media; provided, that a proposed private sponsorship agreement entered into pursuant to this paragraph shall be submitted, before execution, to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. The agreement submitted to the Council shall include detailed information about the proposed private sponsorship agreement, including, if the agreement contemplates the placement of a corporate logo, slogan, or other indicia of sponsorship on the vehicles, equipment, or facilities, or websites or social media, a drawing depicting how the vehicles, equipment, or facilities, or websites or social media, will appear. If the Council does not approve or disapprove the proposed private sponsorship agreement by resolution within the 45-day review period, the proposed private sponsorship agreement shall be deemed approved.

(May 21, 2002, D.C. Law 14-137, § 11n; as added Apr. 20, 2013, D.C. Law 19-268, § 3, 60 DCR 1709; Feb. 26, 2015, D.C. Law 20-155, § 6032(b), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 6022, 62 DCR 10905; Dec. 13, 2017, D.C. Law 22-33, § 6072(c), 64 DCR 7652.)

Section References

This section is referenced in § 50-921.73.

Effect of Amendments

The 2013 amendment by D.C. Law 19-268 added this section.

The 2015 amendment by D.C. Law 20-155 added (3) and made related changes.

The 2015 amendment by D.C. Law 21-36 added the subdivision designated herein as (4) and made related changes.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6072(c) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 6072(c) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 6042(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 6032(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 6022 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Section 5 of D.C. Law 19-268 provided that this subchapter shall expire as of September 30, 2015.

Section 5 of D.C. Law 19-268, as amended by D.C. Law 21-36, §§ 6162 and 6163, provided that this subchapter shall expire as of September 30, 2016.

§ 50–921.73. DC Streetcar Fund establishment.

(a) There is established as a special fund the DC Streetcar Fund (“Fund”), which shall be administered by the Department in accordance with subsection (c) of this section.

(b) The Fund shall consist of revenue from the following sources:

(1) Revenue collected pursuant to §§ 50-921.72 and 50-921.74 by the District or its agents;

(2) Revenue collected from DC Streetcar financing districts to be established; and

(3) Monetary gifts and grants intended to be used to fund the DC Streetcar.

(c) The Fund shall be used to pay for goods, services, property, or for any other authorized purpose for the administration of the DC Streetcar.

(d) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.

§ 50–921.74. Fares; structure; purpose.

(a) The Department shall set the rates and fares for the DC Streetcar.

(b) Nothing in subsection (a) of this section shall prevent the Department from offering tickets at no cost or at discounted prices as part of the Department’s marketing of the DC Streetcar.

§ 50–921.75. Labor negotiations with streetcar operators and technicians.

If federal funds are used to operate the Streetcar program, the Department shall ensure that employee protective arrangements for employees of the DC Streetcar program comply with 49 U.S.C. § 5333(b) .

§ 50–921.76. Rulemaking; enforcement; and adjudication.

(a) Except as provided in subsection (a-1) of this section, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this subchapter, including the manner and amount of a fare, fee, or fine.

(a-1)(1) Before making a fare or service adjustment for the DC Streetcar, the Mayor shall hold at least one public hearing and publish notice of the fare or service adjustment in the District of Columbia Register. The notice shall:

(A) Establish a public comment period of not fewer than 45 days from the date of publication;

(B) Set a date for a public hearing on the fare or service adjustment, which shall be held not fewer than 20 days from the date of publication; and

(i) A summary of the proposed fare or service adjustment;

(ii) A proposed timeline for the implementation of the fare or service adjustment;

(iv) An explanation of the necessity of the fare or service adjustment and a description of alternative fare or service adjustments examined.

(2) In the event of an emergency declaration, the Mayor may make a fare or service adjustment for the DC Streetcar for the duration of the emergency without complying with the requirements of paragraph (1) of this subsection.

(b) Civil fines, penalties, and fees may be imposed as sanctions for an infraction of a rule promulgated under subsection (a) of this section pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.].

§ 50–921.77. Coordination with the Washington Metropolitan Area Transit Authority.

The Department shall coordinate DC Streetcar planning and operations with the Washington Metropolitan Area Transit Authority to ensure efficient, cost-effective, and coordinated transit service throughout the District of Columbia.

Subchapter V. Transit Subsidies for District Residents.

§ 50–921.81. Definitions.

For the purposes of this subchapter, the term:

(1) "DDOT" means the District Department of Transportation.

(2) "Participant" means an individual who has applied and been determined eligible for the Program within the prior 12 months, pursuant to § 50-921.84.

(3) "Program" means the District Resident Transit Subsidy Program, established by § 50-921.82.

(4) "WMATA" means the Washington Metropolitan Area Transit Authority.

§ 50–921.82. Transit Subsidy Program established. [Not Funded]

Not Funded.

§ 50–921.83. Transit subsidy payments. [Not Funded]

Not Funded.

§ 50–921.84. Eligibility. [Not Funded]

Not Funded.

§ 50–921.85. Authorization to negotiate fares.

The Mayor is authorized to enter into an agreement with WMATA or other agencies for reduced transit fares for participants.

§ 50–921.86. [Reserved]

§ 50–921.87. Fare-Free Bus Fund established.

(a) There is established as a special fund the Fare-Free Bus Service Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (c) of this section.

(b) Provided that the Chief Financial Officer certifies that sufficient revenue exists pursuant to section 11bb, there shall be deposited into the Fund general retail sales tax revenue collected pursuant to Chapter 20 of Title 47 of the D.C. Official Code as follows:

(1) In Fiscal Year 2023 -- $11 million;

(2) In Fiscal Year 2024 -- $43.03 million; and

(3) In Fiscal Year 2025 -- $45.18 million;

(4) In Fiscal Year 2026 -- $47.44 million; and

(5) For each succeeding fiscal year after Fiscal Year 2026, an amount equal to 105% of the prior year's amount.

(c) Money in the Fund shall be used to support the fare buydown agreement entered into pursuant to § 50-921.02(h) to provide fare-free Metrobus transportation within the District and 24-hour daily Metrobus service on Metrobus lines as specified by the fare buydown agreement.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

§ 50–921.88. Bus Service Enhancement Fund established.

(a) There is established as a special fund the Bus Service Enhancement Fund ("Fund"), which shall be administered by DDOT in accordance with subsection (c) of this section.

(b) Provided that the Chief Financial Officer certifies that sufficient revenue exists pursuant to § 50-921.89, there shall be deposited into the Fund general retail sales tax revenue collected pursuant to Chapter 20 of Title 47 as follows:

(1) In Fiscal Year 2023, $2.5 million; and

(2) For each succeeding fiscal year after Fiscal Year 2023, $10 million.

(c) Money in the Fund shall be used to improve transit access or service in areas identified in DDOT's Multimodal Long-Range Transportation Plan as areas of high transportation need or historically underserved communities or to serve residents of those areas as follows:

(1) Making payments to WMATA to:

(A) Create new bus routes not in operation before July 1, 2023; or

(B) Extend service hours, shorten headways, or make other service improvements for an existing bus route;

(2) Used by DDOT to:

(A) Operate new DC Circulator or DC Streetcar routes not in operation before July 1, 2023;

(B) Extend service hours, shorten headways, or make other service improvements for an existing DC Circulator or DC Streetcar line; or

(C) Install, lease, maintain, or operate infrastructure that DDOT determines will increase ridership or improve transit service, including dedicated transit lanes, signal priority, bus shelters, payment kiosks, or other amenities; or

(3) Funding studies to support increased ridership or improved transit service.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

§ 50–921.89. Revised revenue allocation for bus service.

(a)(1) The fiscal impact of the general sales tax dedication to the Fare-Free Bus Service Fund, established pursuant to § 50-921.87, and the general sales tax dedication to the Bus Service Enhancement Fund, established pursuant to § 50-921.88, shall be offset, in that order, by local fiscal year recurring revenues included in the Chief Financial Officer's December 2022 revenue estimate and, if necessary, the February 2023 revenue estimate, that exceed the local fund revenue incorporated in the Fiscal Year 2023 approved budget and financial plan.

(2) If the excess revenue included in the December 2022 revenue estimate is not sufficient to fully offset the dedication to the Fare-Free Bus Service Enhancement Fund and the Bus Service Enhancement Fund, the excess revenue shall be set aside first to the Fare-First Bus Service Enhancement Fund until that is fully funded.

(b) In the December 2022 revenue estimate, the Chief Financial Officer shall certify:

(1) Whether and by what amount local fiscal year revenues included in the revenue estimate exceed the annual revenue estimate for Fiscal Year 2023 through Fiscal Year 2026, as incorporated in the approved budget and financial plan for Fiscal Year 2023;

(2) Whether such excess revenues are in an amount sufficient to offset the general sales tax dedication identified in subsection (a) of this section; and if not, what amount has been set aside;

(3) That all such excess revenues have been set aside to ensure the general sales tax dedication identified in subsection (a) of this section is fully offset.

(2) Whether such excess revenues, together with the excess revenues identified pursuant to this subsection in the December 2022 revenue estimate, are in an amount sufficient to offset the general sales tax dedication identified in subsection (a) of this section; and

(3) That all such excess revenues, together with the excess revenues identified pursuant to this subsection in the December 2022 revenue estimate, have been set aside to ensure the general sales tax dedication identified in subsection (a) of this section is fully offset.

§ 50–921.90. Rules.

The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this subchapter.

§ 50–921.91. Reporting. [Not Funded]

Not Funded.