§ 9–111.01a. Local transportation revenue transfer.

(a) The Chief Financial Officer shall deposit revenue derived from the public rights-of-way user fees, charges, and penalties collected pursuant to subchapter III of Chapter 11 of Title 10 ("1997 Act"), and regulations issued pursuant to the 1997 Act in Chapter 33 of Title 24 of the District of Columbia Municipal Regulations (24 DCMR § 3300 et seq.) as follows:

(1) First, the amount, if any, necessary to supplement the revenue from the motor vehicle fuel tax and motor vehicle fuel surcharge imposed by § 47-2301 to satisfy local match requirements to obtain federal aid funds shall be deposited into the District of Columbia Highway Trust Fund, established by § 9-111.01; and

(2) Second, any remaining revenue shall be transferred to the capital improvement program, to be used to fund the renovation, repair, and maintenance of local transportation infrastructure, or deposited into the General Fund of the District of Columbia.

(b) Repealed.

(Apr. 9, 1997, D.C. Law 11-184, § 102a; as added Oct. 3, 2001, D.C. Law 14-28, § 1702(c), 48 DCR 6981; Nov. 13, 2003, D.C. Law 15-39, § 622(a), 50 DCR 5668; Apr. 13, 2005, D.C. Law 15-354, § 84(e), 52 DCR 2638; Oct. 20, 2005, D.C. Law 16-33, § 6022(a), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-192,§ 6023, 53 DCR 6899; Sept. 18, 2007, D.C. Law 17-20, § 6002(b), 54 DCR 7052; Mar. 25, 2009, D.C. Law 17-353, § 140, 56 DCR 1117; Apr. 8, 2011, D.C. Law 18-370, § 623(b), 58 DCR 1008; Sept. 20, 2012, D.C. Law 19-168, § 6023(b), 59 DCR 8025; Dec. 13, 2017, D.C. Law 22-33, § 8062(b), 64 DCR 7652; Dec. 3, 2020, D.C. Law 23-149, § 7133, 67 DCR 10493; Sept. 18, 2024, D.C. Law 25-217, § 7112, 71 DCR 9990.)

Section References

This section is referenced in § 9-111.01 and § 50-2607.

Effect of Amendments

D.C. Law 15-39, in subsec. (a), substituted “Department of Transportation” for “Department of Public Works’ Division of Transportation”; and added subsecs. (c) and (d).

D.C. Law 15-354 validated a previously made technical correction.

D.C. Law 16-33, in subsec. (a), substituted “or any other regulations, 50% of the proceeds of sales and use tax collected by the District for parking and storing vehicles,” for “or any other regulations,”; and repealed subsecs. (c) and (d)(3).

D.C. Law 16-192 rewrote subsec. (a).

D.C. Law 17-20 rewrote subsec. (a).

D.C. Law 17-353 validated a previously made technical correction in subsec. (a).

D.C. Law 18-370 rewrote the section heading which had read: “Local Roads Construction and Maintenance Fund.”; in subsec. (a), substituted “Local Transportation Fund” for “Local Roads Construction and Maintenance Fund (’Maintenance Fund’)” and substituted “and into which the Chief Financial Officer of the District of Columbia shall deposit: (1) All receipts from special purpose public inconvenience fees; (2) All receipts from special purpose utility marking service fees; (3) All GARVEE bond proceeds; and (4) All charges imposed for rental and utilization of public space authorized by subchapter I of Chapter 11 of Title 10” for “from funds on deposit within the District Department of Transportation Unified Fund”; in subsec. (b), substituted “Maintenance Fund” for “Local Transportation Fund” and substituted “federal aid and mass transit” for “federal aid”; and, in subsec. (d)(1), substituted “Local Transportation Fund” for “Local Roads Construction and Maintenance Fund”.

The 2012 amendment by D.C. Law 19-168 repealed (a)(1), which read: “All receipts from special purpose public inconvenience fees”; repealed (a)(4), which read: “All charges imposed for rental and utilization of public space authorized by § 10-1101.01 et seq.”; and added (a)(5) and (c-1).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7112 of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).

For temporary (90 days) amendment of this section, see § 8062(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 § 8062(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 § 1602(c) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001 ( 48 DCR 7861).

For temporary (90 day) amendment of section, see § 622(a) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) amendment of section, see § 622(a) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) local roads construction and maintenance fund provisions, see § 6052 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) local roads construction and maintenance fund provisions, see § 6052 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 6022(a) 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 § 2 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 § 2 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 § 6023 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 § 2 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 § 6023 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 § 6023 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 2 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 § 6002(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 § 623(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 §§ 2 to 5 of District Department of Transportation Capital Project Review and Reconciliation Emergency Act of 2011 (D.C. Act 19-96, July 11, 2011, 58 DCR 5820).

For temporary (90 day) amendment of section, see § 3(b) of District Department of Transportation Omnibus Emergency Amendment Act of 2011 (D.C. Act 19-254, December 21, 2011, 58 DCR 11215).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 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).

Section 3(b) of D.C. Law 19-97 amended subsec. (a)(4) and added subsec. (c-1) to read as follows:

“(4) As of October 1, 2011, all revenue derived from public rights-of-way user fees, charges, and penalties collected under authority 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.), and regulations promulgated pursuant thereto in Chapter 33 of Title 24 of the District of Columbia Municipal Regulations, as now existing or as hereafter amended.”.

“(c-1) As of October 1, 2011, revenue derived and collected pursuant to subsection (a)(4) of this section may be transferred annually to the District of Columbia Highway Trust Fund, but in no event shall all local monies in the fund designated to comply with the requirements of section 3 of the District of Columbia Emergency Highway Relief Act, approved August 4, 1995 (109 Stat. 257; D.C. Official Code § 9-109.02), exceed 22% of the proposed annual federal-aid highway project expenditures.”.

Section 6(b) of D.C. Law 19-97 provided that the act shall expire after 225 days of its having taken effect.

Sections 2 to 5 of D.C. Law 19-34 added sections to read as follows:

“Sec. 2. Definitions.

“For the purposes of this act, the term:

“(1) ‘CFO’ means the Chief Financial Officer.

“(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) ‘Local Streets Ward-based capital projects’ means the Department of Transportation’s 8 Local Streets Ward-Based capital projects (Project No. SR301-SR308) that endeavor to preserve, maintain, repair, or replace the District’s sidewalks, curbs, and local roads.

“(4) ‘Inactive’ means that no non-personal service funds have been obligated or expended for the capital project during the preceding calendar months.

“Sec. 3. Criteria for closing capital projects.

“(a) For any capital project funded from revenues in the Local Transportation Fund, the CFO, in consultation with the Mayor, may close the project if it:

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

“(2) Has been inactive for 12 months or more.

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

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

“(2) Has an open balance of:

“(A) An amount of $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

“(C) Less than $50,000, and has been inactive for 36 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 match 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.

“Sec. 4. Use of funds resulting from closure.

“(a) Funds resulting from the closure of capital projects pursuant to section 3(a) shall be allocated equally among the Local Streets Ward-based capital projects.

“(b) Funds resulting from the closure of capital projects pursuant to section 3(b) shall be allocated to the capital projects approved by the Council of the District of Columbia in the Fiscal Year 2012 Budget Request Act of 2011, signed by the Mayor on June 29, 2011 (D.C. Act 19-92; 58 DCR 5564).

“Sec. 5. Quarterly summary.

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

Section 7(b) of D.C. Law 19-34 provided that the act shall expire after 225 days of its having taken effect.

Resolutions

Resolution 15-467, the “Local Roads Construction and Maintenance Fund Approval Resolution of 2004”, was approved effective March 2, 2004.