D.C. Act 24-160. Fiscal Year 2021 Revised Local Budget Adjustment Emergency Act of 2021.

AN ACT

To adjust, on an emergency basis, certain appropriations and allocations in the Fiscal Year 2021 Local Budget Act of 2020 to maintain a balanced budget for the fiscal year ending September 30, 2021.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Fiscal Year 2021 Revised Local Budget Adjustment Emergency Act of 2021".

Sec. 2. The appropriations set forth in the Fiscal Year 2021 Local Budget Act of 2020, effective October 20, 2020 (D.C. Law 23-136; 67 DCR 10629), are increased by $250,336,899 (including ($101,617,982) rescinded from local funds and $351,954,881 added in federal payment funds for COVID relief) to be allocated as follows:

Governmental Direction and Support

The appropriation for Governmental Direction and Support is decreased by ($4,075,965) (including ($6,081,287) rescinded in local funds and $2,005,322 added to federal payments for COVID relief), to be allocated as follows:

(1) Board of Elections. – $119,680 is added to local funds;

(2) Contract Appeals Board. – ($900) is rescinded from local funds;

(3) Department of General Services. – $533,000 is added to local funds;

(4) Department of Human Resources. – ($494,387) is rescinded from local funds;

(5) Mayor's Office of Legal Counsel. – ($77,006) is rescinded from local funds;

(6) Office of Contracting and Procurement. – $2,761,524 is added (including $756,202 added to local funds and $2,005,322 added to federal payments for COVID relief);

(7) Office of Disability Rights. – ($54,203) is rescinded from local funds;

(8) Office of Risk Management. – ($200,520) is rescinded from local funds;

(9) Office of the Attorney General for the District of Columbia. – ($2,982,299) is rescinded from local funds;

(10) Office of the Chief Financial Officer. – $120,951 is added to local funds;

(11) Office of the Chief Technology Officer. – ($3,250,870) is rescinded from local funds;

(12) Office of the City Administrator. – ($230,658) is rescinded from local funds;

(13) Office of the Inspector General. – ($212,000) is rescinded from local funds;

(14) Office of Veterans Affairs. – ($39,381) is rescinded from local funds; and

(15) Public Employee Relations Board. – ($68,896) is rescinded from local funds.

Economic Development and Regulation

The appropriation for Economic Development and Regulation is increased by $157,933,562 (including ($6,855,697) rescinded in local funds and $164,789,259 added in federal payments for COVID relief), to be allocated as follows:

(1) Department of Housing and Community Development. – $612,948 is added (including ($487,052) rescinded from local funds and $1,100,000 added in federal payments for COVID relief);

(2) Department of Small and Local Business Development. – ($362,670) is rescinded from local funds;

(3) Housing Authority Subsidy. – ($5,604,549) is rescinded from local funds;

(4) Housing Production Trust Fund Subsidy. – $156,731,579 is added in federal payments for COVID relief;

(5) Office of Cable Television, Film, Music, and Entertainment. – ($123,814) is rescinded from local funds;

(6) Office of the Deputy Mayor for Planning and Economic Development. – $6,518,130 is added (including $72,130 added to local funds and $6,446,000 added to federal payments for COVID relief);

(7) Office of the Tenant Advocate. – $357,863 is added (including ($153,817) rescinded from local funds and $511,680 added to federal payments for COVID relief);

(8) Office of Zoning. – ($87,907) is rescinded from local funds; and

(9) Rental Housing Commission – ($108,018) is rescinded from local funds.

Public Safety and Justice

The appropriation for Public Safety and Justice is decreased by ($38,154,577) (including ($38,220,757) rescinded in local funds and $66,180 added in federal payments for COVID relief), to be allocated as follows:

(1) Corrections Information Council. – ($41,263) is rescinded from local funds;

(2) Criminal Code Reform Commission. – ($4,212) is rescinded from local funds;

(3) Department of Corrections. – ($46,750) is rescinded from local funds;

(4) Department of Forensic Sciences. – ($975,024) is rescinded from local funds;

(5) Department of Youth Rehabilitation Services. – ($2,189,164) is rescinded from local funds;

(6) District of Columbia National Guard. – ($120,455) is rescinded from local funds;

(7) Fire and Emergency Medical Services Department. – ($29,150,000) is rescinded from local funds;

(8) Metropolitan Police Department. – ($3,000,532) is rescinded from local funds;

(9) Office of Administrative Hearings. – ($263,155) is rescinded from local funds;

(10) Office of Human Rights. – ($563,046) is rescinded from local funds;

(11) Office of Neighborhood Safety and Engagement. – $105,500 is added to local funds;

(12) Office of the Chief Medical Examiner. – ($146,404) is rescinded from local funds;

(13) Office of Unified Communications. – ($843,098) is rescinded from local funds;

(14) Office of Victim Services and Justice Grants. – ($983,154) is rescinded from local funds; and

(15) Office on Returning Citizen Affairs. – $66,180 is added in federal payments for COVID relief.

Public Education System

The appropriation for Public Education System is increased by $2,874,435 (including ($9,011,365) rescinded in local funds and $11,885,800 added in federal payments for COVID relief), to be allocated as follows:

(1) Department of Employment Services. –$8,259,413 is added (including ($1,776,387) rescinded from local funds and $10,035,800 added to federal payments for COVID relief);

(2) Department of Parks and Recreation. – ($770,868) is rescinded from local funds;

(3) District of Columbia Public Charter School Board. – $2,330,000 is added to local funds;

(4) District of Columbia Public Charter Schools. – $9,124,562 is added to local funds;

(5) District of Columbia Public Library. – ($3,321,568) is rescinded from local funds;

(6) District of Columbia State Athletics Commission. – ($57,078) is rescinded from local funds;

(7) Office of the Deputy Mayor for Education. – $1,421,306 is added (including ($178,694) rescinded from local funds and $1,600,000 added in federal payments for COVID relief);

(8) Office of the State Superintendent of Education. – ($7,650,529) is rescinded from local funds;

(9) Special Education Transportation. – ($5,650,803) is rescinded from local funds;

(10) State Board of Education. – ($60,000) is rescinded from local funds; and

(11) University of the District of Columbia Subsidy Account. – ($750,000) is rescinded (including ($1,000,000) rescinded from local funds and $250,000 added in federal payments for COVID relief).

Human Support Services

The appropriation for Human Support Services is decreased by ($1,589,204) (including ($146,803,490) rescinded in local funds and $145,214,286 added to federal payments for COVID relief), to be allocated as follows:

(1) Child and Family Services Agency. – ($7,805,670) is rescinded from local funds;

(2) Department of Aging and Community Living. – ($404,065) is rescinded from local funds;

(3) Department of Behavioral Health. – ($4,250,953) is rescinded from local funds;

(4) Department of Health. – ($4,350,763) is rescinded from local funds;

(5) Department of Health Care Finance. – ($95,846,306) is rescinded from local funds;

(6) Department of Human Services. – $136,327,262 is added (including ($8,887,024) rescinded from local funds and $145,214,286 added to federal payments for COVID relief);

(7) Department on Disability Services. – ($8,159,260) is rescinded from local funds;

(8) Medicaid Reserve. – ($17,000,000) is rescinded from local funds; and

(9) Office of Deputy Mayor for Health and Human Services. – ($99,449) is rescinded from local funds.

Operations and Infrastructure

The appropriation for Operations and Infrastructure is increased by $7,951,053 (including ($548,947) rescinded in local funds and $8,500,000 added in federal payments for COVID relief), to be allocated as follows:

(1) Department of Consumer and Regulatory Affairs – $4,565,828 is added to local funds;

(2) Department of Energy and Environment. – $3,700,614 is added (including ($4,299,386) rescinded from local funds and $8,000,000 added to federal payments for COVID relief); provided, that all funds deposited, without regard to fiscal year, into the Lead Service Line Replacement Fund are authorized for expenditure and shall remain available for expenditure until September 30, 2021;

(3) Department of For-Hire Vehicles. – $1,095,754 is added to local funds;

(4) Department of Insurance, Securities, and Banking. – $141,705 is added to local funds;

(5) Department of Motor Vehicles. – $331,200 is added to local funds;

(6) Department of Public Works. – ($1,103,490) is rescinded from local funds;

(7) Department of Transportation. – ($599,572) is rescinded (including ($1,099,572) rescinded from local funds and $500,000 added to federal payments for COVID relief); and

(8) Office of the Deputy Mayor for Operations and Infrastructure. – ($180,986) is rescinded from local funds.

Financing and Other

The appropriation for Financing and Other is increased by $125,397,595 (including $105,903,561 in local funds and $19,494,034 in federal payments for COVID relief), to be allocated as follows:

(1) Commercial Paper Program. – ($2,100,000) is rescinded from local funds;

(2) Convention Center Transfer. – $15,000,000 is added to local funds;

(3) Non-Departmental Account. – $20,494,034 is added (including $1,000,000 to local funds and $19,494,034 to federal payment for COVID relief);

(4) Pay-As-You-Go Capital Fund. – $4,527,000 is added to local funds;

(5) Repay Emergency and Contingency Reserve Funds. – $55,664,408 is added to local funds;

(6) Settlements and Judgements. – ($2,000,000) is rescinded from local funds; and

(7) Workforce Investments Account. - $33,812,153 is added to local funds.

Sec. 3. Remaining Fiscal Year 2021 unexpended revenue of $382,265,404 shall be carried over into Fiscal Year 2022 as fund balance and shall be available as set forth in the approved Fiscal Year 2022 Budget and Financial Plan.

Sec. 4. (a) Notwithstanding any provision of law limiting the use of the Universal Paid Leave Fund ("Fund"), established by section 1152 of the Universal Paid Leave Implementation Fund Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 32-551.01), the Chief Financial Officer shall transfer in Fiscal Year 2021 the following amounts from certified fund balances and other revenue in the Fund:

(1) $49,000,000 to the District Unemployment Fund, established by section 2 of the District of Columbia Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 947; D.C. Official Code § 51-102); and

(2) $97,295,582 to the General Fund of the District of Columbia.

(b) Notwithstanding any provision of law limiting the use of funds in the accounts listed in D.C. Official Code § 47-392.02(j-5)(1) and (2), the amounts deposited and committed to those accounts pursuant to D.C. Official Code § 47-392.02(j-5) in Fiscal Year 2021, based on the Comprehensive Annual Financial Report for Fiscal Year 2020, shall, after such deposits and commitments have been made, be transferred by the Chief Financial Officer before September 30, 2021 to the unassigned balance of the General Fund of the District of Columbia.

(c) The amounts identified in subsections (a) and (b) of this section shall be made available as set forth in the approved Fiscal Year 2022 Budget and Financial Plan.

Sec. 5. Designated fund transfers.

(a) Notwithstanding any provision of law limiting the use of funds in the accounts listed in the following chart, the Chief Financial Officer shall transfer in Fiscal Year 2021 the following amounts from certified funds and other revenue in the identified accounts to the unassigned fund balance of the General Fund of the District of Columbia:

(b) The total amount identified in subsection (a) of this section shall be made available as set forth in the approved Fiscal Year 2022 Budget and Financial Plan.

Sec. 6. Capital project reallocations.

In Fiscal Year 2021, the Chief Financial Officer shall rescind or adjust capital project allotments as set forth in the following tabular array, with the savings to be used in accordance with the Fiscal Year 2022 Local Budget Act of 2021, passed on 2nd reading on August 3, 2021 (Enrolled version of Bill 24-275):

Sec. 7. Non-health occupational licensing COVID-19 fee reduction.

Section 3500 of Chapter 17 of the District of Columbia Municipal Regulations (17 DCMR § 3500) is amended by adding a new subsection 3500.6 to read as follows:

"3500.6. From August 15, 2021, or 2 days after the effective date of the Fiscal Year 2021 Revised Local Budget Adjustment Emergency Act of 2021, passed on emergency basis on August 3, 2021 (Enrolled version of Bill 24-279), whichever is later, through September 30, 2021, the following fees shall be charged for each class of non-health occupation license issued by the Department of Consumer and Regulatory Affairs (DCRA) in lieu of the fees listed in 3500.2:

"(a) The application fee and examination fee shall be zero dollars ($0).

"(b) The license fee and the renewal fee shall be ninety-nine dollars ($99).".

Sec. 8. Corporate report fee forgiveness program.

Chapter 6 of Title 17 of the District of Columbia Municipal Regulations (17 DCMR § 600 et seq.) is amended by adding a new section 613 to read as follows:

"Sec. 613. BIENNIAL REPORT FORGIVENESS PROGRAM.

"613.1 There is established a biennial report forgiveness program, which shall be administered from August 15, 2021, or 2 days after the effective date of the Fiscal Year 2021 Revised Local Budget Adjustment Emergency Act of 2021, passed on emergency basis on August 3, 2021 (Enrolled version of Bill 24-279), whichever is later, through September 30, 2021.

"613.2 Pursuant to the program, an entity with fifty or fewer (50) employees that has had its corporate registration revoked due to the failure to file a biennial report required by D.C. Official Code § 29-102.11 or due to non-payment of the corporate biennial report filing fees imposed by 602.1(e)(15), 603.1(o), 604.1, 605.1(i), 606.1(d), 607.1(j), 608.1(l), 609.1(g), 610.1(h), or 611.1(g) and that applies for reinstatement with the Department shall not be charged a fee for any past due biennial reports, any associated late fees, or a fee for the biennial report submitted in accordance with the application, if:

"(a) The entity submits its application during an amnesty period declared by the Director; and

"(b) The application includes the most recent biennial report required by law or regulation, an attestation or payroll document showing that the entity has fifty (50) or fewer employees, and a reinstatement fee of $80 for a non-profit business or a reinstatement fee of $300 for a for-profit business.".

Sec. 9. Business recovery and sustainability fee reductions.

(a) Title 17 of the District of Columbia Municipal Regulations (17 DCMR § 100 et seq.) is amended as follows:

(1) Chapter 5 (17 DCMR § 500 et seq.) is amended as follows:

(A) Subsection 500.2 (17 DCMR § 500.2) is amended to read as follows:

500.2

"The Director shall charge a fee of seventy dollars ($70) for each basic business license, plus a fee of twenty-five dollars ($25) for each endorsement added to the basic business license, with the exception of a General Business license and endorsement under 516.1(c), for which no fee shall be charged. Each basic business license and endorsement shall be valid for two (2) years from the date of issuance, unless earlier revoked or voluntarily relinquished.".

(B) Subsection 500.3 (17 DCMR § 500.3) is amended to read as follows:

500.3

"The Director shall charge a fee of seventy dollars ($70) for the renewal of each basic business license, plus a fee of twenty-five dollars ($25) for each renewal endorsement added to a basic business license, with the exception of a General Business license and endorsement under 516.1(c), for which no fee shall be charged.".

(C) Subsection 513.1 (17 DCMR § 513.1) is amended as follows:

(i) Paragraph (a) is amended by striking the figure "$1,300" and inserting the figure "$90" in its place.

(ii) Paragraph (b) is amended by striking the figure "$1,300" and inserting the figure "$90" in its place.

(iii) Paragraph (c) is amended by striking the figure "$1,300" and inserting the figure "$90" in its place.

(D) Subsection 516.1(c) (17 DCMR § 516.1(c)) is amended by striking the figure "$200" and inserting the figure "$90" in its place.

(2) Chapter 6 (17 DCMR § 600 et seq.) is amended as follows:

(A) Subsection 602.1(a)(1) (17 DCMR § 602(a)(1)) is amended by striking the phrase "two hundred twenty dollars ($220)" and inserting the phrase "ninety-nine dollars ($99)" in its place.

(B) Subsection 606.1(a) (17 DCMR § 606.1(a)) is amended by striking the phrase "two hundred twenty dollars ($220)" and inserting the phrase "ninety-nine dollars ($99)" in its place.

(C) Subsection 607.1(a) (17 DCMR § 607.1(a)) is amended by striking the phrase "two hundred twenty dollars ($220)" and inserting the phrase "ninety-nine dollars ($99)" in its place.

(D) Subsection 608.1(a) (17 DCMR § 608.1(a)) is amended by striking the phrase "two hundred twenty dollars ($220)" and inserting the phrase "ninety-nine dollars ($99)" in its place.

(E) Subsection 611.1(a) (17 DCMR § 611.1(a)) is amended by striking the phrase "two hundred twenty dollars ($220)" and inserting the phrase "ninety-nine dollars ($99)" in its place.

(3) Subsection 1607.1 (17 DCMR § 1607.1) is amended by striking the phrase "five hundred dollars ($500)" and inserting the phrase "zero dollars ($0)" in its place.

(b) This section shall apply on August 15, 2021, or 2 days after the effective date of this act, whichever is later.

Sec. 10. Adult and residential public charter school funding conformity.

(a) Notwithstanding section 2401(b)(2)(B) of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code § 38-1804.01(b)(2)(B)), in Fiscal Year 2021 the Public Charter School Board ("PCSB") shall transmit $1.33 million to Maya Angelou Public Charter School ("School"), which shall be in addition to any funds transmitted to the School pursuant to the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-2901 et seq.).

(b) PCSB shall transfer the funds authorized pursuant to subsection (a) of this section to the school or to a bank designated by the school within 30 days after the effective date of this act.

Sec. 11. Taxi industry recovery support.

During the remainder of Fiscal Year 2021, the following fees shall not be charged:

(a) The Department of For-Hire Vehicles fee for the renewal of an annual operator ID license imposed by 31 DCMR § 827 for operators of public vehicles for hire;

(b) The Department of For-Hire Vehicles per vehicle registration fee imposed by 31 DCMR § 1104 for public vehicles for hire;

(c) The Department of For-Hire Vehicles independent taxicab owner certificate of operating authority application fee imposed by 31 DCMR § 505.2;

(d) The Department of For-Hire Vehicles taxicab company, association, and fleet certificate of operating authority fee imposed by 31 DCMR § 501.8;

(e) The Department of For-Hire Vehicles application fee for a certificate of operating authority to operate an independent luxury vehicle business imposed by 31 DCMR § 1221.6(e);

(f) The Department of Motor Vehicles fee for certified and uncertified abstracts of operating records, imposed by 18 DCMR §§ 801.3 and 801.5 for operators of public vehicles for hire;

(g) The Department of Motor Vehicles motor vehicle inspection fee, imposed by section 1 of An Act To provide for annual inspection of all motor vehicles in the District of Columbia, approved February 18, 1938 (52 Stat. 78; D.C. Official Code § 50-1101), and 18 DCMR § 601.8(i), for public vehicles for hire; and

(h) The Department of Motor Vehicles motor vehicle registration fee, imposed by section 3 of title IV of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 681; D.C. Official Code § 50-1501.03), for public vehicles for hire.

Sec. 12. Pay freeze repeal.

(a) The Balanced Budget and Financial Plan Freeze on Salary Schedules, Benefits, and Cost-of-Living Adjustments Act of 2020, effective December 3, 2020 (D.C. Law 23-149; D.C. Official Code § 1-555.01 et seq.), is repealed.

(b) The text appearing under the heading "Revised Revenue Estimate" in section 2 of the Fiscal Year 2021 Local Budget Act of 2020, effective October 20, 2020 (D.C. Law 23-136; 67 DCR 10629), is repealed.

Sec. 13. District government employee pay schedules approval.

(a) Pursuant to sections 858, 956, 1052, 1105, 1106, and 1111 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code §§ 1-608.58, 1-609.56, 1-610.52, 1-611.05, 1-611.06, and 1-611.11), the Council approves the proposed Fiscal Year 2021 cost-of-living and pay-parity salary increases for the non-union Career, Excepted, Management Supervisory, Legal, and Executive Services employees; Educational Service employees of the Office of the State Superintendent of Education; and non-instructional and "When-Actually-Employed" (WAE) instructional Educational Service employees of the District of Columbia Public Schools set forth in the pay schedules transmitted by the Mayor as part of the Fiscal Year 2021 District Government Employee Pay Schedules Emergency Approval Resolution of 2021, as introduced on July 9, 2021 (P.R. 24-332).

(b) The compensation system changes approved by this act do not apply to:

(1) Former employees; and

(2) Employees of the Board of Trustees of the University of the District of Columbia.

(c) The compensation system changes approved by this act shall apply to compensation beginning October 11, 2020, and may be paid in a lump sum prior to the close of Fiscal Year 2021.

Sec. 14. Notwithstanding the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), in Fiscal Year 2021, the Public Charter School Board shall have grant-making authority to provide a $1,000,000 grant to Building Pathways – Charter School Incubator Initiative for the purpose of replacing the HVAC system at the Patricia R. Harris Educational Center school building.

Sec. 15. (a) The Washington Convention and Sports Authority ("Events DC") shall administer a grant to support a museum geared toward youth and science in the Downtown Business Improvement District established by section 201 of the Business Improvement Districts Act of 1996, effective March 17, 2005 (D.C. Law 15-257; D.C. Official Code § 2-1215.51).

(b) In Fiscal Year 2021, of the funds allocated to the Non-Departmental Account, $1,000,000 shall be transferred to Events DC to use for the grant authorized by subsection (a) of this section.

(c) A grant awarded pursuant to this section shall be in addition to any other grant awarded by Events DC in support of a museum geared toward youth and science.

Sec. 16. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 17. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).