D.C. Act 25-172. Fiscal Year 2024 Budget Support Emergency Act of 2023.
AN ACT
To enact and amend, on an emergency basis, provisions of law necessary to support the Fiscal Year 2024 budget.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Fiscal Year 2024 Budget Support Emergency Act of 2023".
TITLE I. GOVERNMENT DIRECTION AND SUPPORT
SUBTITLE A. OFFICE OF THE ATTORNEY GENERAL FUNDS
Sec. 1001. Short title.
This subtitle may be cited as the "Office of the Attorney General Funds Emergency Amendment Act of 2023".
Sec. 1002. The Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, effective May 27, 2010 (D.C. Law 18-160; D.C. Official Code § 1-301.81 et seq.), is amended as follows:
(a) Section 106b (D.C. Official Code § 1-301.86b) is amended as follows:
(1) Subsection (c) is amended as follows:
(A) Paragraph (1)(B) is amended by striking the phrase "$6 million" and inserting the phrase "$7 million" in its place.
(B) Paragraph (2) is amended by striking the phrase "$7 million" and inserting the phrase "$9 million" in its place.
(2) Subsection (d)(3)(A) is amended by striking the phrase "$19 million" both times it appears and inserting the phrase "$23.5 million" in its place.
(b) Section 106c (D.C. Official Code § 1-301.86c) is amended as follows:
(1) Subsection (b) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
"(1) Awards of restitution for property lost or damages suffered by consumers for which the District is responsible for distribution made under court orders, judgments, or settlements in actions or investigations under D.C. Official Code § 28-3909(a);".
(B) Paragraph (2) is amended to read as follows:
"(2) Awards on behalf of aggrieved employees for which the District is responsible for distribution made under court orders, judgments, or settlements in actions or investigations under section 6(a)(2)(A)(iii) of An Act To provide for the payment and collection of wages in the District of Columbia, approved August 3, 1956 (70 Stat. 977; D.C. Official Code § 32-1306(a)(2)(A)(iii)), and;".
(2) Subsection (c)(1) is amended by striking the phrase "court order, judgment, or settlement in an action or investigation" and inserting the phrase "court orders, judgments, or settlements in actions or investigations" in its place.
(3) Subsection (e)(3) is amended to read as follows:
"(3) After paragraphs (1) and (2) of this subsection have been completed, any excess funds shall be treated as follows:
"(A) Any excess funds remaining from an award that are designated to named individuals shall be treated as unclaimed property pursuant to the Revised Uniform Unclaimed Property Act of 2021, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 41-151.01 et seq.); and
"(B) Any other excess funds remaining from an award shall remain in the Fund and may be used, in an amount not to exceed $500,000 each fiscal year, for any purpose provided for in subsection (c) of this section.".
SUBTITLE B. ADVISORY NEIGHBORHOOD COMMISSION SUPPORT FLEXIBILITY
Sec. 1011. Short title.
This subtitle may be cited as the "Advisory Neighborhood Commission Support Flexibility Emergency Amendment Act of 2023".
Sec. 1012. The lead-in language of section 16a(c) of the Advisory Neighborhood Commissions Act of 1975, effective December 3, 2020 (D.C. Law 23-14; D.C. Official Code § 1-309.13a(c)), is amended to read as follows:
"(c) Money in the Fund shall be used by the OANC to provide services and supports to Advisory Neighborhood Commissions, which may include:".
SUBTITLE C. SCHOOL AND PARK 311 EXPANSION CLARIFICATION
Sec. 1021. Short title.
This subtitle may be cited as the "School and Park Facilities and Grounds 311 Expansion Emergency Amendment Act of 2023".
Sec. 1022. Section 6072 of the School and Park Facilities and Grounds 311 Expansion Act of 2018, effective October 30, 2018 (D.C. Law 22-168; D.C. Official Code § 10-721), is amended as follows:
(a) Designate the existing text as subsection (a).
(b) A new subsection (b) is added to read as follows:
"(b) Beginning October 1, 2023, in addition to the service requests under subsection (a) of this section, the Mayor shall permit persons to submit requests via the District's 311 system to address broken equipment, grounds maintenance, and overflowing recycling at Department of Parks and Recreation and District of Columbia Public Schools facilities and grounds that are maintained by the Department of General Services.".
SUBTITLE D. SCHOOL SECURITY AND TRANSPARENCY
Sec. 1031. Short title.
This subtitle may be cited as the "School Security and Transparency Emergency Amendment Act of 2023".
Sec. 1032. Section 1028e of the Department of General Services Establishment Act of 2011, effective September 21, 2022 (D.C. Law 24-167; D.C. Official Code § 10-551.07e), is amended as follows:
(a) Subsection (a) is amended by striking the phrase "campus facility maintenance work orders," and inserting the phrase "campus facility maintenance work orders not exempted by subsection (e)(2) of this section," in its place.
(b) Subsection (b) is amended by striking the phrase "facility maintenance work orders," and inserting the phrase "facility maintenance work orders not exempted by subsection (e)(2) of this section," in its place.
(c) A new subsection (e) is added to read as follows:
"(e)(1) For each District of Columbia Public School facility, the Department shall work with the principal or the principal's designee and members of the local school advisory team to conduct a comprehensive assessment of the facility's compliance with the following security objectives at least once per year:
"(A) All interior doors to instructional and regularly used administrative spaces shall close automatically and lock securely;
"(B) All exterior doors shall close automatically and lock securely;
"(C) All exterior windows shall lock or latch from the interior in a manner that allows school personnel to secure the windows to prevent improper entry;
"(D) Public address systems shall be clearly audible in all instructional and regularly used administrative spaces;
"(E) Fire alarm systems shall be in full working order; and
"(F) Security surveillance systems shall be fully operational, with properly installed and oriented cameras, intrusion alarms, and proper connections to a central security operations hub.
"(2) The Department shall withhold work order data regarding any deficiency identified under paragraph (1) of this subsection, including security vulnerabilities at Department of Parks and Recreation facilities, from disclosure pursuant to subsections (a) and (b) of this section.
"(3)(A) The Department shall transmit on a monthly basis to the chairperson of the Council committee with jurisdiction over the Department a status update on any work orders for which data has been withheld from public disclosure pursuant to paragraph (2) of this subsection.
"(B) The Department shall present information withheld from public disclosure pursuant to paragraph (2) of this subsection to the Council at a closed-door briefing convened by the chairperson of the Council committee with jurisdiction over the Department.
"(C) Council briefings held pursuant to this paragraph shall be exempt from the requirements of the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571 et seq.).".
Sec. 1033. Section 204(a) of the Freedom of Information Act of 1976, effective March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 2-534(a)), is amended as follows:
(a) Paragraph (17) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(b) Paragraph (18) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(c) Paragraph (19) is amended by striking the period and inserting the phrase "; and" in its place.
(d) A new paragraph (20) is added to read as follows:
"(20) Information withheld from disclosure under section 1028e(e)(2) of the Department of General Services Establishment Act of 2011, effective September 21, 2022 (D.C. Law 24-167; D.C. Official Code § 10-551.07e(e)(2)).".
SUBTITLE E. AUDITOR COMPENSATION
Sec. 1041. Short title.
This subtitle may be cited as the "District of Columbia Auditor Compensation Emergency Act of 2023".
Sec. 1042. Pursuant to section 455(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.55(a)), the District of Columbia Auditor shall be paid at a rate equal to the compensation of the Chairman of the Council established pursuant to section 403(d) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 787; D.C. Official Code § 1-204.03(d)).
TITLE II. ECONOMIC DEVELOPMENT AND REGULATION
SUBTITLE A. SECURITIES AND BANKING REGULATORY TRUST FUND
Sec. 2001. Short title.
This subtitle may be cited as the "Securities and Banking Regulatory Trust Fund Emergency Amendment Act of 2023".
Sec. 2002. Section 8(b-2)(3)(B) of the Department of Insurance and Securities Regulation Establishment Act of 1996, effective May 21, 1997 (D.C. Law 11-268; D.C. Official Code § 31-107(b-2)(3)(B)), is amended to read as follows:
"(B) On October 1 of each year, converted to local funds revenue in the amount of $11.63 million.".
SUBTITLE B. DISTRICT OF COLUMBIA HOUSING AUTHORITY PROCUREMENT CLARIFICATION
Sec. 2011. Short title.
This subtitle may be cited as the "District of Columbia Housing Authority Procurement Clarification Emergency Amendment Act of 2023".
Sec. 2012. Section 20 of the District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6-219), is amended as follows:
(a) The existing text is designated as subsection (a).
(b) Subsection (a) is amended as follows:
(1) Strike the phrase, "Within 180 days of the effective date of this act, the" and insert the word "The" in its place.
(2) Strike the phrase "and contract termination. The Procurement Act shall not apply to contracts and contractors of the Authority, except that Title IX of the Procurement Act shall apply to contract protests, appeals, and claims arising from procurements of the Housing Authority." and insert the phrase "and contract termination." in its place.
(c) A new subsection (b) is added to read as follows:
"(b) Nothing in this subsection shall exempt the Board from compliance with section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51); however, the Board may adopt rules governing procurements involving the expenditure of federal funds that are inconsistent with the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-351.01 et seq.).".
Sec. 2013. The Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-351.01 et seq.), is amended as follows:
(a) Section 105(c) (D.C. Official Code § 2-351.05(c)) is amended by adding a new paragraph (16A) to read as follows:
"(16A) Procurements by the District of Columbia Housing Authority involving the expenditure of federal funds as provided for in section 20 of the District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code 6-219);".
(b) Section 201(b)(3) (D.C. Official Code § 2-352.01(b)(3)) is amended to read as follows:
"(3) The District of Columbia Housing Authority, except as otherwise provided in section 20 of the District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6-219);".
SUBTITLE C. HOME PURCHASE ASSISTANCE PROGRAM AMENDMENT
Sec. 2021. Short title.
This subtitle may be cited as the "Home Purchase Assistance Program Emergency Amendment Act of 2023".
Sec. 2022. Section 3a of the Home Purchase Assistance Fund Act of 1978, effective July 1, 2016 (D.C. Law 21-139; D.C. Official Code § 42-2602.01), is amended as follows:
(a) Subsection (a)(2) is amended by striking the phrase "no qualifying applicant shall receive less than $70,000" and inserting the phrase "no qualifying applicant shall be approved to receive less than $70,000" in its place.
(b) Subsection (e)(1)(B) is repealed.
SUBTITLE D. GREAT STREETS AMENDMENT
Sec. 2031. Short title.
This subtitle may be cited as the "Great Streets Emergency Amendment Act of 2023".
Sec. 2032. Section 4(k)(1) of the Retail Incentive Act of 2004, effective September 8, 2004 (D.C. Law 15-185; D.C. Official Code § 2-1217.73(k)(1)), is amended as follows:
(a) Strike the phrase "West Virginia Avenue, N.E. to 17th Street, N.E.; thence southeast
on 17th Street. N.E.; thence continuing northeast on 17th Street, N.E. to Montana Avenue, N.E., thence southeast on Montana Avenue, N.E. to Bladensburg Road, N.E.;" and insert the phrase "West Virginia Avenue, N.E. to Raum Street, N.E.; thence southeast on Raum Street, N.E. to Trinidad Avenue, N.E.; thence northeast on Trinidad Avenue, N.E. to Mount Olivet Road, N.E.; thence northwest on Mount Olivet Road, N.E. to West Virginia Avenue, N.E.; thence northeast on West Virginia Avenue, N.E. to 17th Street, N.E.; thence southeast on 17th Street, N.E.; thence continuing northeast on 17th Street, N.E. to Montana Avenue, N.E.; thence southeast on Montana Avenue, N.E. to S Street, N.E.; thence east on S Street, N.E. to 24th Street, N.E.; thence north on 24th Street, N.E. to T Street, N.E.; thence west on T Street, N.E. to Bladensburg Road, N.E.;" in its place.
(b) Strike the phrase "Queens Chapel Road to Channing Street, N.E.;" and insert the
Phrase "Queens Chapel Road, N.E. to 22nd Street, N.E.; thence north on 22nd Street, N.E. to Channing Street, N.E.; thence east on Channing Street, N.E. to 24th Street, N.E.; thence north on 24th Street, N.E. to Douglas Street, N.E.; thence west on Douglas Street, N.E. to 22nd Street, N.E.; thence south on 22nd Street to Channing Street, N.E.;" in its place.
SUBTITLE E. TAX ABATEMENTS FOR AFFORDABLE HOUSING IN HIGH-NEED AREAS
Sec. 2041. Short title.
This subtitle may be cited as the "Tax Abatements for Affordable Housing in High-Need Areas Emergency Amendment Act of 2023".
Sec. 2042. Section 47-860 of the District of Columbia Official Code is amended as follows:
(a) Subsection (a) is amended as follows:
(1) The lead-in language is amended by striking the phrase "abated for the period set forth in subsection (c) of this section;" and inserting the phrase "abated each year during the period set forth in subsection (c) of this section, by the amount certified by the Mayor for that year;" in its place.
(2) Paragraph (1) is amended by striking the phrase "housing area;" and inserting the phrase "housing area or, for competitive processes initiated by the Mayor pursuant to subsection (b) of this section before January 1, 2023, is located in the Upper Northeast or Rock Creek East planning areas identified in the District's Housing Equity Report published in October 2019 or within 1,000 feet in any direction beyond the Upper Northeast or Rock Creek East planning area boundaries;" in its place.
(b) Subsection (b) is amended as follows:
(1) Paragraph (2) is amended by striking the phrase "$4 million" and inserting the phrase "$5 million" in its place.
(2) Paragraph (3) is amended by striking the phrase "$4 million" and inserting the phrase "$5 million" in its place.
(c) Subsection (g)(6) is amended to read as follows:
"(6) "High-need affordable housing area" means the Near Northwest, Rock Creek West, and Capitol Hill planning areas identified in the District's Housing Equity Report, published in October 2019, plus 1,000 feet in any direction beyond any of those 3 planning area boundaries.".
SUBTITLE F. DMPED GRANT PROGRAMS
Sec. 2051. Short title.
This subtitle may be cited as the "Deputy Mayor for Planning and Economic Development Grant Program Emergency Amendment Act of 2023".
Sec. 2052. Section 2032 of the Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 1-328.04), is amended as follows:
(a) Subsection (p) is amended as follows:
(1) Paragraph (1) is amended as follows:
(A) Strike the phrase "in Fiscal Year 2022," and insert the phrase "in Fiscal Year 2024," in its place.
(B) Strike the phrase "on or before December 1, 2021, and in amount of at least $1.5 million" and insert the phrase "on or before December 1, 2023, and in an amount of at least $1 million" in its place.
(2) The lead-in language of paragraph (2) is amended by striking the phrase "By September 30, 2022," and inserting the phrase "By September 30, 2024," in its place.
(3) Paragraph (3) is amended by striking the phrase "By December 1, 2022," and inserting the phrase "By November 1, 2024," in its place.
(b) Subsection (z) is amended by striking the phrase "Farragut Square and founded in 2014 that is an affiliate of a national organization and" and inserting the phrase "Federal Triangle" in its place.
(c) Subsection (bb) is amended as follows:
(1) Paragraph (1) is amended to read as follows:
"(1) 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.), beginning in Fiscal Year 2023 and on a recurring basis thereafter, the Deputy Mayor shall award one or more grants in a total amount of up to $200,000 to support one or more organizations in providing advice and resources to member businesses.".
(2) A new paragraph (1A) is added to read as follows:
"(1A) To be eligible for a grant under paragraph (1) of this subsection, an organization shall be:
"(A) A membership-driven organization located on Connecticut Avenue, NW, founded in 1976, that promotes economic development in the District by supporting Latino and other minority-owned businesses; or
"(B) A not for-profit membership organization located on Columbia Road, NW, created to support the advancement of the Hispanic construction community.".
(d) New subsections (gg) and (hh) are added to read as follows:
"(gg) 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 2024, the Deputy Mayor shall issue a grant of $3 million to the Ford's Theatre to support its capital project to construct an education and community center on 10th Street, NW.
"(hh) Retail Recovery Grant Program.
"(1) In Fiscal Year 2024, the Deputy Mayor shall establish a Retail Recovery Grant Program to provide economic support to eligible businesses located in in the Downtown BID, as defined in section 201(b) 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)), or in the Golden Triangle BID, as defined in section 202(b) of the Business Improvement Districts Act of 1996, effective March 17, 2005 (D.C. Law 15-257; D.C. Official Code § 2-1215.52(b)).
"(2) An eligible business shall be a business enterprise opening or expanding in a retail or commercial space that has been vacant for at least 6 months prior to the date the grantee submits the grant application.
"(3) A retail recovery grant shall be used for activities and costs related to sustaining and growing the business, such as staff costs, capital improvements, rent, marketing, inventory and supplies, operations, and utilities; except, that no amount of the grant shall be used for executive salaries or bonuses.
"(4) 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.), at least 20% of the total grant funds disbursed may be distributed through a non-competitive grant process and shall be set aside for at least one applicant that:
"(A) Is, or is eligible to be, a resident-owned business, as defined in section 2302(15) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(15)), and a small business enterprise as defined in section 2302(16) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(16)); and
"(B)(i) Is at least 51% owned by a woman or a majority of women; or
"(ii) Is, or is eligible to be, a disadvantaged business enterprise, as that term is defined in section 2302(5) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(5)).
"(5) The Deputy Mayor shall endeavor to award at least one grant to an eligible business operating a child care center, supermarket, or urgent care center.
"(6) For the purposes of this subsection, the term "retail" includes child care centers, supermarkets, and urgent care centers.".
Sec. 2053. (a) 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 2023, the Deputy Mayor shall issue a grant of $2 million to the Douglass Community Land Trust to support its work to develop and preserve permanently affordable housing, local small business, and other public assets.
(b) This section shall apply as of the effective date of the Fiscal Year 2023 Revised Local Budget Adjustment Emergency Act of 2023, passed on emergency basis on May 30, 2023 (Enrolled version of Bill 25-205).
SUBTITLE G. DOWNTOWN HOUSING
Sec. 2061. Short title.
This subtitle may be cited as the "Housing in Downtown Abatement Emergency Amendment Act of 2023".
Sec. 2062. Chapter 8 of Title 47 of the District of Columbia Official Code is amended as follows:
(a) The table of contents is amended by adding a new section designation to read as
follows:
47-860.02a. Tax abatements for housing in downtown – Exemptions.
(b) Section 47-860.02(a) is amended as follows:
(1) Paragraph (2) is amended as follows:
(A) Designate the existing text as subparagraph (A).
(B) The newly designated subparagraph (A) is amended as follows:
(i) Strike the figure "15%" and insert the figure "10%" in its place.
(ii) Strike the period at the end and insert the phrase "; or" in its place.
(C) A new subparagraph (B) is added to read as follows:
"(B) At least 18% of the affordable housing units developed or redeveloped on the real property are affordable to households earning 80% or less of the median family income for a period of at least 20 years.".
(2) Paragraph (6) is amended by striking the phrase "construction and operation of" and inserting the phrase "operation of" in its place.
(c) A new section 47-860.02a is added to read as follows:
"Sec. 47-860.02a. Tax abatements for housing in downtown – Exemptions.
"(a) Each property for which the Mayor has approved a tax abatement under § 47-860.02(a)(8) shall be:
"(1) Exempt from the requirement to enter into a First Source Agreement as to the construction and development phases of the project; and
"(2) For the first sale within 10 years after a certificate of occupancy has been issued for the property, exempt from the requirements of Subchapter IV of Chapter 34 of Title 42 ("TOPA").
"(b) Before an individual enters into a lease for a housing unit located on a property that is exempt from TOPA under subsection (a)(2) of this section, the owner of the property shall provide written notice to the individual of the property's limited exemption from TOPA provided under this section.".
(d) Section 47-860.03(b) is amended as follows:
(1) Paragraph (2) is amended by striking the phase "; and" and inserting a semicolon in its place.
(2) Paragraph (3) is repealed.
(3) New paragraphs (4) and (5) are added to read as follows:
"(4) For Fiscal Year 2028, up to $41 million; and
"(5) For each succeeding fiscal year after Fiscal Year 2028, up to an amount equal to 104% of the prior year's cap.".
SUBTITLE H. CREATIVE AND OPEN SPACE MODERNIZATION
Sec. 2071. Short title.
This subtitle may be cited as the "Creative and Open Space Modernization Emergency Amendment Act of 2023".
Sec. 2072. Section 47-4665(a)(7)(A)(iii) of the District of Columbia Official Code is amended to read as follows:
"(iii) Deriving at least 51% of its gross revenues earned in the District from business operations in one of the following target sectors:
"(I) Education and Research, including educational institutions and companies conducting scientific research and development, especially those in the energy and data science fields;
"(II) Consulting Services, including management, engineering, and other specialized firms providing informational or strategic consulting resources to clients;
"(III) Communications and Design, including firms working in marketing, design, media, and communication, including publishers of written or digital media content;
"(IV) Hospitality, Tourism, and Entertainment, including hotels, entertainment, nightlife, arts venues, restaurants, and other firms offering tourism and hospitality services;
"(V) Life Sciences and HealthTech, including organizations conducting research, development and manufacturing of pharmaceuticals, biotechnology-based food and medicines, and other products; or
"(VI) Technology, including businesses creating, implementing, and connecting technological systems and processes, such as Cybersecurity, Artificial Intelligence, and other emerging industries.".
SUBTITLE I. OFFICE OF PUBLIC-PRIVATE PARTNERSHIPS FUND AND BUDGET
Sec. 2081. Short title.
This subtitle may be cited as the "Office of Public-Private Partnerships Fund and Budget Emergency Amendment Act of 2023".
Sec. 2082. The Public-Private Partnership Act of 2014, effective March 11, 2015 (D.C. Law 20-228; D.C. Official Code § 2-271.01 et seq.), is amended as follows:
(a) Section 104 (D.C. Official Code § 2-272.03) is repealed.
(b) Section 105 (D.C. Official Code § 2-272.04) is repealed.
(c) Section 107(d) (D.C. Official Code § 2-273.02(d)) is amended by striking the phrase "and which shall be deposited into the Fund established by section 105." and inserting a period in its place.
SUBTITLE J. TOURISM RECOVERY TAX
Sec. 2091. Short title.
This subtitle may be cited as the "Tourism Recovery Tax Emergency Amendment Act of 2023".
Sec. 2092. Title 47 of the District of Columbia Official Code is amended as follows:
(a) Section 47-2002.03a is amended as follows:
(1) Subsection (a) is amended as follows:
(A) The existing text is designated as paragraph (1).
(B) The newly designated paragraph (1) is amended by striking the phrase "A tax," and inserting the phrase "Except as provided in paragraph (2) of this subsection, a tax," in its place.
(C) A new paragraph (2) is added to read as follows:
"(2) For the period of time beginning on April 1, 2023, through March 31, 2027, the tax imposed by paragraph (1) of this subsection shall be at the rate of 1.3%.".
(2) A new subsection (d) is added to read as follows:
"(d) For the expenditure of any tax revenue received pursuant to subsection (a)(2) of this section, Destination DC shall:
"(1) Comply with the requirements of § 2-218.46;
"(2) Consult with the Deputy Mayor for Planning and Economic Development, the Washington Convention and Sports Authority, the Restaurant Association Metropolitan Washington, and the Hotel Association of Washington, DC on the use of any such tax revenue received; and
"(3) Enter into a memorandum of understanding with the Mayor regarding the use of any tax revenue received pursuant to subsection (a)(2) of this section in accordance with the recommendations determined necessary and appropriate pursuant to the consultations required by paragraph (2) of this subsection.".
(b) Section 47-2202.03 is amended as follows:
(1) Subsection (a) is amended as follows:
(A) The existing text is designated as paragraph (1).
(B) The newly designated paragraph (1) is amended by striking the phrase "A tax," and inserting the phrase "Except as provided in paragraph (2) of this subsection, a tax," in its place.
(C) A new paragraph (2) is added to read as follows:
"(2) For the period of time beginning on April 1, 2023, through March 31, 2027, the tax imposed by paragraph (1) of this subsection shall be at the rate of 1.3%.".
(2) A new subsection (e) is added to read as follows:
"(e) For the expenditure of any tax revenue received pursuant to subsection (a)(2) of this section, Destination DC shall:
"(1) Comply with the requirements § 2-218.46;
"(2) Consult with the Deputy Mayor for Planning and Economic Development, the Washington Convention and Sports Authority, the Restaurant Association Metropolitan Washington, and the Hotel Association of Washington, DC on the use of any such tax revenue received; and
"(3) Enter into a memorandum of understanding with the Mayor regarding the use of any tax revenue received pursuant to subsection (a)(2) of this section in accordance with the recommendations determined necessary and appropriate pursuant to the consultations required by paragraph (2) of this subsection.".
SUBTITLE K. OFFICE OF CABLE TELEVISION, FILM, MUSIC, AND ENTERTAINMENT
Sec. 2101. Short title.
This subtitle may be cited as the "Office of Cable Television, Film, Music, and Entertainment Emergency Amendment Act of 2023".
Sec. 2102. Section 201(a) of the Office of Cable Television, Film, Music, and Entertainment Amendment Act of 2015, effective October 9, 2002 (D.C. Law 14-193; D.C. Official Code § 34-1252.01(a)), is amended as follows:
(a) A new paragraph (1A) is added to read as follows:
"(1A) Managing and producing audio and video content for:
"(A) The government and educational channels;
"(B) Government-operated radio; and
"(C) Other government content distribution platforms;".
(b) Paragraph (2) is amended to read as follows:
"(2) Producing video and audio content for District government agencies and residents; and".
(c) Paragraph (3) is amended as follows:
(1) Subparagraph (G) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(2) Subparagraph (H) is amended by striking the period at the end and inserting the phrase "; and" in its place.
(3) A new subparagraph (I) is added to read as follows:
"(I) Implementing the plan to support, preserve, and archive go-go music and its history, created pursuant to section 3 of the Go-Go Official Music of the District of Columbia Designation Act of 2020, effective April 11, 2020 (D.C. Law 23-71; D.C. Official Code § 1-167.02).".
SUBTITLE L. EMERGENCY HOUSING ASSISTANCE PROGRAM FINANCIAL RESPONSIBILITY
Sec. 2111. Short title.
This subtitle may be cited as the "Emergency Housing Assistance Program Financial Responsibility Emergency Amendment Act of 2023".
Sec. 2112. Section 2068c(b) of the Office of the Chief Tenant Advocate Establishment Act of 2005, effective February 18, 2017 (D.C. Law 21-211; D.C. Official Code § 42-3531.11(b)), is amended as follows:
(a) Paragraph (1) is amended by striking the number "30" and inserting the number "180" in its place.
(b) Paragraph (3) is amended by striking the number "60" and inserting the number "180" in its place.
SUBTITLE M. EMERGENCY RENTAL ASSISTANCE FUNDS REPORTING AND NOTICE REQUIREMENTS
Sec. 2121. Short title.
This subtitle may be cited as the "Emergency Rental Assistance Funds Reporting and Notice Requirements Emergency Amendment Act of 2023".
Sec. 2122. Section 8f of the Homeless Services Reform Act of 2005, effective March 10, 2023 (D.C. Law 24-287; D.C. Official Code § 4-753.08), is amended by adding a new subsection (c-1) to read as follows:
"(c-1)(1) Beginning October 31, 2023, the Mayor shall transmit a report to the Council every month that funds remain available for the Emergency Rental Assistance Program that provides the following information related to the program:
"(A) The number of applications:
"(i) Received in the current fiscal year;
"(ii) Pending review;
"(iii) Approved with funds disbursed;
"(iv) Approved and pending payment;
"(v) Denied; and
"(vi) In the process of an appeal;
"(B) The amount of funding for the current fiscal year that has been:
"(i) Disbursed;
"(ii) Committed; and
"(iii) Remaining; and
"(C) The projected date funds will be exhausted based on application and payment trends.
"(2)(A) The reports required by paragraph (1) of this subsection shall be posted conspicuously on the Department of Human Services website and the application portal website for Emergency Rental Assistance funds.
"(B) The Mayor shall not pass costs incurred or administrative obligations required pursuant to paragraph (1) of this subsection on to community-based organizations that support the disbursal of Emergency Rental Assistance funds; except, that the Mayor may request the cooperation of community-based organizations to provide accurate reporting.
"(3) The Mayor shall provide one month of public notice before the anticipated closing date of the application portal for Emergency Rental Assistance funds.
"(4) When the application portal for Emergency Rental Assistance funds closes due to projected funding exhaustion, the Mayor shall report quarterly to the Council the number of inquiries or requests related to emergency rental assistance received through any means by the Department of Human Services.".
SUBTITLE N. HOUSING AUTHORITY ACCOUNTABILITY
Sec. 2131. Short title.
This subtitle may be cited as the "Housing Authority Accountability Emergency Amendment Act of 2023".
Sec. 2132. The District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6‑201 et seq.), is amended as follows:
(a) Section 3 (D.C. Official Code § 6-202) is amended by adding a new subsection (b-1) to read as follows:
"(b-1)(1)(A) Beginning on December 1, 2022, and monthly thereafter, the Authority shall submit a report to the Mayor, Attorney General, and each Councilmember that details:
"(i) The amount of operating reserves, expressed in dollars and in months of expenses, for the public housing program, Housing Choice Voucher Program, and the Authority's operations overall;
"(ii) The number of vacant public housing units classified by repair status, such as move-in ready, repairs in progress, and offline due to major repair needs;
"(iii) The average length of time that public housing units have been vacant in the prior year, by repair status; and
"(iv) A detailed accounting of expenses paid for with District funds in the prior month and the expenses budgeted for payment with District funds in the remainder of the fiscal year.
"(B) In lieu of a monthly report, the Authority may provide the Mayor, Attorney General, and each Councilmember with access to an online database through which the above reports can be generated.
"(2) If HUD designates the Authority as a Standard Performer or High Performer in HUD's Public Housing Assessment System or if the Authority demonstrates that the lack of such a designation is solely due to the presence of HUD's Moving to Work agreement with the Authority, the requirements of paragraph (1) of this subsection shall be waived for 12 months from the date such designation was received from HUD or documented by the Authority.".
(b) Section 12 (D.C. Official Code § 6-211) is amended as follows:
(1) Subsection (h) is amended to read as follows:
"(h)(1) Within 60 days after a Commissioner's appointment and on an annual basis thereafter, each Commissioner shall complete training offered by or in connection with HUD covering the following topics:
"(A) The role of a public housing agency board;
"(B) Ethics for public housing agencies and board members or commissioners;
"(C) Background on major housing authority programs, including but not limited to public housing, the Housing Choice Voucher Program, and the rental assistance demonstration;
"(D) Fair housing and reasonable accommodations;
"(E) Public housing authority budgets, financial oversight, and financial reporting; and
"(F) Federal procurement requirements.
"(2) Within 90 days after a Commissioner's appointment and on an annual basis thereafter, each Commissioner shall complete training offered by or in connection with HUD covering the following topics:
"(A) Public housing authority performance monitoring and risk management;
"(B) HUD reporting requirements;
"(C) Public housing asset management, development, redevelopment, disposition, and repositioning;
"(D) Objectives and requirements of HUD's Moving to Work program; and
"(E) Resident opportunity, including HUD's Section 3 requirements for economic and employment opportunities.
"(3) In addition to the training required in paragraphs (1) and (2) of this subsection, each Commissioner shall spend at least 4 hours per quarter in training or educational seminars on corporate governance, public housing law and regulations, federal or local language access guidelines, labor and personnel, real estate and construction, or other subjects related to public housing development, operation, and management, the maximum reimbursable cost of which shall be established by the Board and paid by the Authority.
"(4) The Board shall monitor Commissioners' compliance with the training requirements of this subsection and provide a Commissioner a warning notice if the Commissioner is out of compliance with the requirements.
"(5) If a Commissioner has not completed the training requirements within 15 days after the conclusion of the timeline specified in the applicable paragraph in this subsection, the Commissioner shall be automatically suspended until the Commissioner demonstrates compliance with this subsection or is removed by the Board for noncompliance.
"(6) For purposes of this subsection, the term "Commissioner" means a member of the Board.".
(c) Section 14 (D.C. Official Code § 6-213) is amended as follows:
(1) Subsection (a) is amended to read as follows:
"(a)(1) An Executive Director shall be appointed, and may be removed, by the Board. The Executive Director shall be an employee of the Authority but shall not be a member of the Board. The Executive Director shall be a District resident and shall remain a District resident throughout the Executive Director's term, and failure to maintain District residency shall result in a forfeiture of the position.
"(2) The Executive Director shall receive compensation and other terms and conditions of employment as shall be fixed by the Board. Any Executive Director compensation agreement or arrangement adopted after July 1, 2023, shall conform to section 1003 of the Bonus Pay and Special Awards Pay Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 1-551.03), regardless of the source of funds used.".
(2) A new subsection (d) is added to read as follows:
"(d)(1) Within 30 days of the Executive Director's appointment and on an annual basis thereafter, the Executive Director shall complete training offered by or in connection with HUD covering the following topics:
"(A) Background on major housing authority programs, including but not limited to public housing, the Housing Choice Voucher Program, and the rental assistance demonstration;
"(B) Ethics for public housing agencies;
"(C) Fair housing and reasonable accommodations;
"(D) Housing authority budgets and financial reporting;
"(E) Federal procurement requirements;
"(F) Housing authority performance monitoring and risk management;
"(G) HUD reporting requirements;
"(H) Public housing asset management, development, redevelopment, disposition, and repositioning;
"(I) Objectives and requirements of HUD's Moving to Work program; and
"(J) Resident opportunity, including HUD's Section 3 requirements for economic and employment opportunities.
"(2) In addition to the training required in paragraph (1) of this subsection, the Executive Director shall complete other trainings that the Board requires, such as trainings on labor and personnel management, language access, public housing law and regulations, real estate and construction, or other subjects related to public housing development, operation, and management.".
Sec. 2133. (a) Section 28-3901 of the District of Columbia Official Code is amended by adding a new subsection (e) to read as follows:
"(e) Notwithstanding any other provision of this chapter, this chapter's application to landlord-tenant relations shall include the District of Columbia Housing Authority's activities as a landlord; provided, that this subsection shall not be construed to otherwise apply this chapter to the District of Columbia or any agency thereof.".
(b) This section shall apply as of December 19, 2016.
SUBTITLE O. HOUSING AUTHORITY FINANCIAL REPORTING
Sec. 2141. Short title.
This subtitle may be cited as the "Housing Authority Financial Reporting Emergency Amendment Act of 2023".
Sec. 2142. The District of Columbia Housing Authority Act of 1999, effective May 9, 2000 (D.C. Law 13-105; D.C. Official Code § 6-201 et seq.), is amended by inserting a new section 8a to read as follows:
"Sec. 8a. Independent annual audit.
"(a)(1) Except as provided in subsection (b) of this section, by February 1 of each year, the Authority shall submit to the Council a complete financial statement and report for the preceding fiscal year, which shall be prepared according to generally accepted accounting principles and audited by the Inspector General of the District of Columbia pursuant to section 208(e-1) of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 1-301.115a(e-1)).
"(2) The report shall include as a basic statement a comparison of audited actual year-end results with the anticipated revenues as submitted to the Council in the proposed budget and the appropriations enacted into law for such year, using the format, terminology, and classifications contained in the law that makes the appropriations for the year and the legislative history of such law.
"(b) If the Chief Financial Officer of the District of Columbia and Inspector General of the District of Columbia include some or all of the finances of the Authority in the annual audited financial report submitted pursuant to section 448(a)(4) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 801; D.C. Official Code § 1-204.48(a)(4)), the requirements of subsections (a) of this section shall apply only to any portions of the Authority's finances omitted from such report.".
Sec. 2143. Section 208(e-1) of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 1-301.115a(e-1)), is amended to read as follows:
"(e-1) The Inspector General shall audit the annual financial statement and report on the activities of the District of Columbia Housing Authority out of local funds appropriated to the Authority by the Council, in accordance with the requirements set forth in subsection (a)(4) and (5) of this section. In addition, the Inspector General may undertake reviews and investigations of the District of Columbia Housing Authority and make determinations or render opinions.".
SUBTITLE P. TARGETED HISTORIC PRESERVATION ASSISTANCE
Sec. 2151. Short title.
This subtitle may be cited as the "Targeted Historic Preservation Assistance Emergency Amendment Act of 2023".
Sec. 2152. Section 11b of the Historic Landmark and Historic District Protection Act of 1978, effective March 2, 2007 (D.C. Law 16-189; D.C. Official Code § 6-1110.02), is amended as follows:
(a) Subsection (b) is amended to read as follows:
"(b) A grant under this program may be used to rehabilitate a structure that contributes to the character of any historic district or historic landmark.".
(b) Subsection (d) is amended by striking the phrase "shall not exceed $25,000; except, that a grant may be a maximum of $35,000 if the structure is located in the Anacostia Historic District" and inserting the phrase "shall not exceed $50,000" in its place.
(c) Subsection (f) is amended by striking the phrase "cost of the rehabilitation; except, that the match requirement shall be a minimum of 15% for a taxpayer in the Anacostia Historic District" and inserting the phrase "cost of the rehabilitation" in its place.
(d) Subsection (g) is amended by striking the phrase "cost of the rehabilitation; except, that the match requirement shall be a minimum of 40% for a taxpayer in the Anacostia Historic District" and inserting the phrase "cost of the rehabilitation" in its place.
(e) Subsection (i)(1) is amended by striking the phrase "5 years" and inserting the phrase "10 years" in its place.
SUBTITLE Q. COMMISSION ON THE ARTS AND HUMANITIES LARGE CAPITAL PROJECTS
Sec. 2161. Short title.
This subtitle may be cited as the "Commission on the Arts and Humanities Allotment Adjustment and Large Capital Grants Emergency Amendment Act of 2023".
Sec. 2162. The Commission on the Arts and Humanities Act, effective October 21, 1975 (D.C. Law 1-22; D.C. Official Code § 39-201 et seq.), is amended as follows:
(a) Section 6(c-1) (D.C. Official Code § 39-205(c-1)) is amended as follows:
(1) The lead-in language is amended by striking the phrase "For Fiscal Year 2022" and inserting the phrase "For Fiscal Year 2024" in its place.
(2) Paragraph (1) is amended by striking the phrase "Not more than 22%" and inserting the phrase "Not more than 20%" in its place.
(3) Paragraph (2) is amended to read as follows:
"(2)(A) The funds remaining after the allocation described in paragraph (1) of this subsection shall be allocated for grants for the following purposes:
"(i) 14.95% for grants to fund capital projects in support of eligible arts and humanities organizations;
"(ii) 47.48% for General Operating Support grants to eligible arts and humanities organizations;
"(iii) 21.98% for other art grant programs established by the Commission; and
"(iv) 3.52% the for the Humanities Grant Program administered by HumanitiesDC.
"(v) 12.07% for a large capital grant program to be administered pursuant to section 6d.".
"(B) Awards of General Operating Support grants pursuant to subparagraph (A)(ii) of this paragraph shall be competitive, and each application of an eligible organization shall be reviewed in cohorts of similar budget size, and with grant award amounts tiered in relation to the grantee's budget size; provided, that an award to an individual organization with an annual operating budget exceeding $115,000 may not exceed 50% of the organization's annual operating budget exclusive of District funds.".
(b) A new section 6d is added to read as follows:
"Sec. 6d. Large capital grants program.
"(a) There is established within the Commission a Large Capital Grants program to provide subgrants to eligible organizations for the purpose of funding large capital grants for facility improvements in an amount exceeding $900,000 per grant.
"(b) Eligibility for a large capital grant shall be limited to organizations that:
"(1) Own the facility to be improved in fee simple, or hold a lease the facility to be improved on a long-term basis of greater than 30 years; and
"(2) Use the grant to improve a facility with a real property tax assessment of $1 million or more.
"(c) An organization awarded a large capital grant pursuant to this section shall not be eligible for a grant to fund capital projects pursuant to section 6(c-1)(2)(A)(i) in the same fiscal year.
"(d) An organization awarded a large capital grant pursuant to this section shall not be eligible for a large capital grant for two subsequent fiscal years.
"(e)(1) The Commission, 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 section. Such rules shall set forth eligibility and disbursement requirements in addition to the requirements set forth in subsection (b) of this section.
"(2)(A) By November 1, 2023, proposed rules for implementation of this section shall be submitted to the Council for approval.
"(B) If the Council does not approve or disapprove the proposed rules submitted pursuant to subparagraph (A) of this paragraph, in whole or in part, by resolution within a 60-day period that commences on the date of their submission to the Council and excludes days of Council recess, the proposed rules shall be deemed approved.
"(C) The Commission may not advertise or award any grants under this section until the Council has approved the proposed rules in whole or in part or the proposed rules are deemed approved pursuant to subparagraph (B) of this paragraph.".
SUBTITLE R. HISTORIC PRESERVATION OF DISTRICT PROPERTIES
Sec. 2171. Short title.
This subtitle may be cited as the "Historic Preservation of District Properties Extension Emergency Amendment Act of 2023".
Sec. 2172. Section 2 of the Historic Preservation of Derelict District Properties Act of 2016, effective March 11, 2017 (D.C. Law 21-223; 64 DCR 182), is amended as follows:
(a) The lead-in language of subsection (a) is amended by striking the phrase "2000 P Street, N.W., Suite 320, Washington, D.C. 20036" and inserting the phrase "1307 New Hampshire Avenue, NW, Suite 400, Washington, D.C. 20036" in its place.
(b) Subsection (b)(1) is amended by striking the phrase "5 years" and inserting the phrase "10 years" in its place.
Sec. 2173. Applicability.
This subtitle shall apply as of March 9, 2023.
SUBTITLE S. PUBLIC HOUSING STABILITY
Sec. 2181. Short title.
This subtitle may be cited as the "Public Housing Stability Emergency Amendment Act of 2023".
Sec. 2182. The District of Columbia Real Estate Deed Recordation Tax Act, approved March 2, 1962 (76 Stat. 11; D.C. Official Code § 42-1101 et seq.), is amended as follows:
(a) Section 303(h) (D.C. Official Code § 42-1103(h)) is amended to read as follows:
"(h) Funds collected under this section shall be deposited pursuant to section 322.".
(b) Section 322 (D.C. Official Code § 42-1122) is amended to read as follows:
"Sec. 322. Depositing collected money.
"All monies collected under this title shall be deposited in the General Fund; except, that:
"(a) In fiscal years ending before October 1, 2023:
"(1) 15% of the monies collected under this title shall be deposited into the Housing Production Trust Fund established by section 3 of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2802) ("Housing Production Trust Fund"); and
"(2) 85% of the monies collected under this title for the transfer of Lots 836, 837 and 855 in Square 37, or such successor record or assessment and taxation lots as may be created through future subdivision or creation of condominium units, shall be deposited in the West End Library and Fire Station Maintenance Fund established by section 4 of the West End Parcels Development Omnibus Act of 2010, effective April 8, 2011 (D.C. Law 18-368; D.C. Official Code § 1-325.181) ("West End Library and Fire Station Maintenance Fund");
"(b) In Fiscal Years 2024, 2025, 2026, and 2027:
"(1) The lesser of the following amounts shall be deposited in the Housing Production Trust Fund:
"(A) 15% of the monies collected under this title; or
"(B) 102% of the amount deposited into the Housing Production Trust Fund in the prior fiscal year pursuant to this section; and
"(2) 85% of the monies collected under this title for the transfer of Lots 836, 837 and 855 in Square 37, or such successor record or assessment and taxation lots as may be created through future subdivision or creation of condominium units, shall be deposited in the West End Library and Fire Station Maintenance Fund; and
"(c) In fiscal years beginning on or after October 1, 2027:
"(1) 15% of the monies collected under this title shall be deposited into the District of Columbia Housing Authority capital project DEVELOPMENT AND REHABILITATION-DCHA;
"(2) 15% of the monies collected under this title shall be deposited into the Housing Production Trust Fund; and
"(3) 70% of the monies collected under this title for the transfer of Lots 836, 837 and 855 in Square 37, or such successor record or assessment and taxation lots as may be created through future subdivision or creation of condominium units, shall be deposited in the West End Library and Fire Station Maintenance Fund.".
Sec. 2183. Chapter 9 of Title 47 of the District of Columbia Official Code is amended as follows:
(a) Section 47-903(f) is amended to read as follows:
"(f) Funds collected under this section shall be deposited pursuant to § 47-919.".
(b) Section 47-919 is amended to read as follows:
"Sec. 47-919. Disposition of monies collected.
"All monies collected under this chapter shall be deposited in the General Fund, except that:
"(a) In fiscal years ending before October 1, 2023:
"(1) 15% of the monies collected under this chapter shall be deposited into the Housing Production Trust Fund established by § 42-2802 ("Housing Production Trust Fund");
"(2) 85% of the monies collected under this chapter for the transfer of Lots 836, 837 and 855 in Square 37, or such successor record or assessment and taxation lots as may be created through future subdivision or creation of condominium units, shall be deposited in the West End Library and Fire Station Maintenance Fund established by § 1-325.181 ("West End Library and Fire Station Maintenance Fund");
"(b) In Fiscal Years 2024, 2025, 2026, and 2027:
"(1) The lesser of the following amounts shall be deposited in the Housing Production Trust Fund:
"(A) 15% of the monies collected under this chapter; or
"(B) 102% of the amount deposited into the Housing Production Trust Fund in the prior fiscal year pursuant to this section;
"(2) 85% of the monies collected under this chapter for the transfer of Lots 836, 837 and 855 in Square 37, or such successor record or assessment and taxation lots as may be created through future subdivision or creation of condominium units, shall be deposited in the West End Library and Fire Station Maintenance Fund; and
"(c) In fiscal years beginning on or after October 1, 2027:
"(1) 15% of the monies collected under this chapter shall be deposited into the District of Columbia Housing Authority capital project DEVELOPMENT AND REHABILITATION-DCHA.
"(2) 15% of the monies collected under this chapter shall be deposited into the Housing Production Trust Fund; and
"(3) 70% of the monies collected under this chapter for the transfer of Lots 836, 837 and 855 in Square 37, or such successor record or assessment and taxation lots as may be created through future subdivision or creation of condominium units, shall be deposited in the West End Library and Fire Station Maintenance Fund.".
Sec. 2184. Section 4(b) of the West End Parcels Development Omnibus Act of 2010, effective April 8, 2011 (D.C. Law 18-368; D.C. Official Code § 1-325.181(b)), is amended as follows:
(a) The existing text is designated as paragraph (1) and amended by striking the phrase "The Chief Financial Officer shall" and inserting the phrase "In fiscal years ending before October 1, 2027, the Chief Financial Officer shall" in its place.
(b) A new paragraph (2) is added to read as follows:
"(2) In fiscal years beginning on or after October 1, 2027, the Chief Financial Officer shall deposit into the Fund 70% of the Deed Transfer and Recordation Taxes attributable to the new buildings constructed on Lots 836, 837, and 855 in Square 37 (or such successor record or assessment and taxation lots as may be created through future subdivision or creation of condominium units).".
Sec. 2185. Housing Production Trust Fund Revenue Dedication.
Section 3(c)(16) of the Housing Production Trust Fund Act of 1989, effective March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2802(c)(16)), is amended to read as follows:
"(16) Beginning October 1, 2003, amounts deposited pursuant to D.C. Official Code § 47-919 and section 322 of the District of Columbia Real Estate Deed Recordation Tax Act, approved March 2, 1962 (76 Stat. 11; D.C. Official Code § 42-1122).".
SUBTITLE T. HOUSING PRODUCTION TRUST FUND
Sec. 2191. Short title.
This subtitle may be cited as the "Housing Production Trust Fund Emergency Amendment Act of 2023".
Sec. 2192. Section 3 of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2802), is amended by adding a new subsection (b-6) to read as follows:
"(b-6) Notwithstanding any provision of this chapter or any other law, the Mayor may in Fiscal Year 2024 transfer the following from the Fund:
"(1) $4 million to the Home Purchase Assistance Program; and
"(2) $2 million to the Neighborhood-Based Activities Program to support the Heirs Property Program.".
TITLE III. PUBLIC SAFETY AND JUSTICE
SUBTITLE A. FIRE AND EMERGENCY MEDICAL SERVICES EMPLOYEE PRESUMPTIVE DISABILITY ELIGIBILITY EXPANSION
Sec. 3001. Short title.
This subtitle may be cited as the "Fire and Emergency Medical Services Employee Presumptive Disability Emergency Amendment Act of 2023".
Sec. 3002. Subtitle D of the Fire and Police Medical Leave and Limited Duty Amendment Act of 2004, effective May 1, 2013 (D.C. Law 19-311; D.C. Official Code § 5-651 et seq.), is amended as follows:
(a) Section 653 (D.C. Official Code § 5-653) is amended as follows:
(1) Subsection (a)(1) is amended to read as follows:
"(1) The member has been in contact with or exposed to a toxic substance while in the line of duty that is associated with an increased risk of leukemia or cancer, and has a diagnosis of:
"(A) Leukemia or breast, ovarian, pancreatic, prostate, rectal, colon, colorectal, liver, testicular, or respiratory cancer;
"(B) Multiple myeloma, brain, non-Hodgkin's, or throat cancer; or
"(C) Kidney, thyroid, or bladder cancer;".
(2) Subsection (b)(1) is amended to read as follows:
"(1) The EMS employee has been in contact with or exposed to a toxic substance while in the line of duty that is associated with an increased risk of leukemia or cancer, and has a diagnosis of:
"(A) Leukemia or breast, ovarian, pancreatic, prostate, rectal, colon, colorectal, liver, testicular, or respiratory cancer;
"(B) Multiple myeloma, brain, non-Hodgkin's, or throat cancer; or
"(C) Kidney, thyroid, or bladder cancer;".
(b) Section 656 (D.C. Official Code § 5-656) is amended to read as follows:
"Sec. 656. Applicability.
"(a) Except as provided in subsections (b), (c), (d), and (e) of this section, this subtitle shall apply as of October 1, 2016.
"(b) Section 654 shall apply as of October 1, 2017.
"(c) Section 652 shall apply as of October 1, 2018.
"(d) Section 653(a)(1)(B) and (b)(1)(B) shall apply as of October 1, 2023.
"(e) Section 653(a)(1)(C) and (b)(1)(C) shall apply as of October 1, 2027.".
SUBTITLE B. SCHOOL RESOURCE OFFICERS
Sec. 3011. Short title.
This subtitle may be cited as the "School Resource Officers Emergency Amendment Act of 2023".
Sec. 3012. Section 102 of the School Safety and Security Contracting Procedures Act of 2004, effective April 13, 2005 (D.C. Law 15-350; D.C. Official Code § 5-132.02), is amended as follows:
(a) Subsection (d) is amended to read as follows:
"(d) The Metropolitan Police Department shall publish on its website by the beginning of each school year a description of the School Safety Division's planned deployment of school resource officers.".
(b) Subsection (e) is repealed.
SUBTITLE C. PUBLIC SAFETY GRANTS
Sec. 3021. Short title.
This subtitle may be cited as the "Public Safety Grants Emergency Amendment Act of 2023".
Sec. 3022. The Office of the Deputy Mayor for Public Safety and Justice Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 1-301.191), is amended by adding a new section 3023 to read as follows:
"Sec. 3023. Deputy Mayor for Public Safety and Justice grant-making authority.
"(a) The Deputy Mayor for Public Safety and Justice ("Deputy Mayor") shall have grant-making authority for the purpose of providing grants to support the Safe Passage Safe Blocks program, which provides a presence and safe passage for students and families as they travel to and from school.
"(b)(1) The Deputy Mayor for Public Safety and Justice ("Deputy Mayor") shall establish a pilot, under which the Deputy Mayor shall have grantmaking authority to issue grants to eligible organizations, as described in paragraph (2) of this subsection, solely for the purpose of creating or augmenting a Safe Commercial Corridors Program, which shall promote public safety and health through evidence-based activities for residents, workers, and visitors within the area served by the organization and the surrounding area ("commercial district").
"(2) To be eligible for a grant under this subsection, an organization shall:
"(A) Serve the District's residents, workers, business owners, property owners, and visitors of a commercial corridor in the Downtown, Shaw, or Adams Morgan neighborhoods; and
"(B) Engage in the maintenance of public and commercial spaces in a commercial corridor in the Downtown, Shaw, or Adams Morgan neighborhoods.
"(3) An organization seeking a grant under this subsection shall submit to the Deputy Mayor a proposed Safe Commercial Corridors Program application, in a form prescribed by the Deputy Mayor, which shall include:
"(A) A description of the public safety and health problems faced in the commercial district;
"(B) A Safe Commercial Corridors Program Plan describing how the applicant proposes to spend the grant funds in evidence-based ways to address the public safety and health problems identified in the application and to promote improvements in public safety and health in the commercial district;
"(C) A Clean Hands certification; and
"(D) Any additional information requested by the Deputy Mayor.
"(4) A Safe Commercial Corridors Program Plan may include the following activities:
"(A) Relationship-building with residents, workers, businesses, and regular visitors;
"(B) Connecting residents, workers, visitors, and businesses with resources available through District government agencies and direct service providers;
"(C) Providing safe passage for individuals who request accompaniment walking to transit or their vehicles;
"(D) Assisting business owners with improvements to their security and safety systems and protocols;
"(E) Responding to individuals with substance use disorders and implementing harm-reduction strategies;
"(F) Implementing de-escalation techniques;
"(G) Deterring crime and public safety violations;
"(H) Liaising with residents, workers, businesses, visitors, District public safety and health agencies, direct service providers in the community, and others as appropriate;
"(I) Providing culturally competent services and programming; and
"(J) Implementing other innovative strategies to promote public safety.
"(5) Organizations receiving funds pursuant to this subsection shall endeavor to coordinate with other organizations receiving funds pursuant to this subsection and to share results and lessons learned from implementation of a Safe Commercial Corridors Program and other public safety efforts implemented by the organization.
"(6) A grant awarded pursuant to this subsection may be used to pay for the costs of:
"(A) Salary and fringe benefits for staff;
"(B) Equipment, training, training materials, uniforms, first aid and other medical materials and equipment, and other materials and equipment for purposes of implementing the Safe Commercial Corridors Program; and
"(C) Other costs that support improved public safety and health pursuant to the Safe Commercial Corridors Program Plan.
"(7) An organization receiving a grant pursuant to this subsection shall submit a report to the Deputy Mayor by the end of each fiscal year in which funds are received containing the following:
"(A) An evaluation of the success of its Safe Commercial Corridors Program, including a detailed description of the program activities;
"(B) A description of any training or support provided to program staff;
"(C) A summary of the number and types of interactions between program staff and residents, visitors, businesses, and other individuals;
"(D) Evidence indicating the impact of the program activities on public safety and health indicators; and
"(E) Any other data or information as required by the Deputy Mayor.".
Sec. 3023. In Fiscal Year 2024, the Office of Victim Services and Justice Grants shall award a grant, on a competitive basis, in an amount not to exceed $200,000, to a community-based organization to support the Violence Prevention and Response Team ("VPART"), including coordinating and leading VPART meetings and providing services to support the District's response to hate crimes, including cultural competency training for relevant agency staff and other service providers.
Sec. 3024. (a) In Fiscal Year 2024, the Office of Neighborhood Safety and Engagement shall award a grant, on a competitive basis, in an amount not to exceed $150,000, to a nonprofit organization or community-based organization that satisfies each of the following conditions:
(1) The organization was incorporated in 2020;
(2) The organization was founded by a graduate of a high school in Ward 7; and
(3) The organization's mission is to reduce gun violence in communities of color by changing norms and narratives and working with youth.
(b) The grant issued under this subsection (a) of this section may be used to support initiatives directed at:
(1) Identifying opportunities to reduce gun violence;
(2) Designing and developing programming that supports gun violence prevention; or
(3) Implementing programming that supports gun violence prevention.
SUBTITLE D. FORENSIC SCIENCES AND PUBLIC HEALTH LABORATORY REPORTING STRUCTURE
Sec. 3031. Short title.
This subtitle may be cited as the "Forensic Sciences and Public Health Laboratory Reporting Structure Emergency Amendment Act of 2023".
Sec. 3032. (a) Section 3(a-1) of the Department of Forensic Sciences Establishment Act of 2011, effective August 17, 2011 (D.C. Law 19-18; D.C. Official Code § 5-1501.02(a-1)), is amended by striking the phrase "as an independent agency" and inserting the phrase "as a subordinate agency" in its place.
(b) The District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.), is amended as follows:
(1) Section 406(b)(31) (D.C. Official Code § 1-604.06(b)(31)) is repealed.
(2) Section 908 (D.C. Official Code § 1-609.08) is amended as follows:
(A) Paragraph (18) is amended by striking the semicolon and inserting the phrase "; and" in its place.
(B) Paragraph (19) is amended by striking the phrase "; and" and inserting a period in its place.
(C) Paragraph (20) is repealed.
(3) Section 1052a(g)(1) (D.C. Official Code § 1-610.52a(g)(1)) is revived as of the applicability date of this subtitle and amended to read as follows:
"(1) Forensic Sciences and Public Health Laboratory.".
Sec. 3033. This subtitle shall apply on the date of the inclusion of the fiscal effect of the Restoring Trust and Credibility to Forensic Sciences Amendment Act of 2022, effective April 21, 2023 (D.C. Law 24-348; 70 DCR 937), in an approved budget and financial plan, as certified by the Chief Financial Officer.
TITLE IV. PUBLIC EDUCATION SYSTEMS
SUBTITLE A. UNIFORM PER STUDENT FUNDING FORMULA
Sec. 4001. Short title.
This subtitle may be cited as the "Funding for Public Schools and Public Charter Schools Increase Emergency Amendment Act of 2023".
Sec. 4002. 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.), is amended as follows:
(a) Section 103 (D.C. Official Code § 38-2902) is amended by adding a new subsection (b-1) to read as follows:
"(b-1) Starting in Fiscal Year 2025, the cost of IMPACTplus bonus payments shall be paid from operating budget appropriations from the General Fund for DCPS and included in the Formula.".
(b) Section 104(a) (D.C. Official Code § 38-2903(a)) is amended by striking the phrase "$12,419 per student for Fiscal Year 2023" and inserting the phrase "$13,046 per student for Fiscal Year 2024" in its place.
(c) Section 105 (D.C. Official Code § 38-2904) is amended by striking the tabular array and inserting the following tabular array in its place:
Grade Level | Weighting | Per Pupil Allocation in FY 2024 |
Pre-Kindergarten 3 | 1.34 | $17,482 |
Pre-Kindergarten 4 | 1.30 | $16,960 |
Kindergarten | 1.30 | $16,960 |
Grades 1-5 | 1.00 | $13,046 |
Grades 6-8 | 1.08 | $14,090 |
Grades 9-12 | 1.22 | $15,916 |
Alternative program | 1.52 | $19,830 |
Special education school | 1.17 | $15,264 |
Adult | 0.91 | $11,872 |
(d) Section 106(c) (D.C. Official Code § 38-2905(c)) is amended to read as follows:
"(c) The supplemental allocations shall be calculated by applying weightings to the foundation level as follows:
"Special Education Add-ons:
Level/ Program | Definition | Weighting | Per Pupil Allocation in FY 2024 |
Level 1: Special Education | Eight hours or less per week of specialized services | 0.97 | $12,655 |
Level 2: Special Education | More than 8 hours and less than or equal to 16 hours per school week of specialized services | 1.20 | $15,655 |
Level 3: Special Education | More than 16 hours and less than or equal to 24 hours per school week of specialized services | 1.97 | $25,701 |
Level 4: Special Education | More than 24 hours per week of specialized services which may include instruction in a self-contained (dedicated) special education school other than residential placement | 3.49 | $45,531 |
Special Education Compliance | Weighting provided in addition to special education level add-on weightings on a per-student basis for special education compliance | 0.099 | $1,292 |
Attorney's Fees Supplement | Weighting provided in addition to special education level add-on weightings on a per-student basis for attorney's fees | 0.089 | $1,161 |
Residential | District of Columbia Public Schools school or public charter school that provides students with room and board in a residential setting, in addition to their instructional program | 1.67 | $21,787 |
"General Education Add-ons:
Level/ Program | Definition | Weighting |
Per Pupil Supplemental Allocation FY 2024 |
Elementary ELL | Additional funding for English language learners in grades PK3-5 | 0.50 | $6,523 |
Secondary ELL | Additional funding for English language learners in grades 6-12, alternative students, adult students, and students in special education schools | 0.75 | $9,785 |
At-risk | Additional funding for students in foster care, who are homeless, on TANF or SNAP, or behind grade level in high school | 0.24 | $3,131 |
At-risk High School Over-Age Supplement | Weighting provided in addition to at-risk weight for students who are behind grade level in high school | 0.06 | $783 |
At-risk > 40% Concentration Supplement | Weighting provided in addition to at-risk weight for the percentage of at-risk students above 40% enrolled in a school where at least 40% of the student population is at-risk | 0.07 | $913 |
At-risk > 70% Concentration Supplement | Weighting provided in addition to at-risk weight for the percentage of at-risk students above 70% where at least 70% of the student population is at-risk | 0.07 | $913 |
"Residential Add-ons:
Level/ Program | Definition | Weighting | Per Pupil Allocation in FY 2024 |
Level 1: Special Education - Residential | Additional funding to support the after-hours level 1 special education needs of students living in a District of Columbia Public Schools school or public charter school that provides students with room and board in a residential setting | 0.37 | $4,827 |
Level 2: Special Education - Residential | Additional funding to support the after-hours level 2 special education needs of students living in a District of Columbia Public Schools school or public charter school that provides students with room and board in a residential setting | 1.34 | $17,482 |
Level 3: Special Education - Residential | Additional funding to support the after-hours level 3 special education needs of students living in a District of Columbia Public Schools school or public charter school that provides students with room and board in a residential setting | 2.89 | $37,703 |
Level 4: Special Education - Residential | Additional funding to support the after-hours level 4 special education needs of limited and non-English proficient students living in a District of Columbia Public Schools school or public charter school that provides students with room and board in a residential setting | 2.89 | $37,703 |
LEP/NEP - Residential |
Additional funding to support the after-hours limited and non-English proficiency needs of students living in a District of Columbia Public Schools school or public charter school that provides students with room and board in a residential setting | 0.668 | $8,715 |
"Special Education Add-ons for Students with Extended School Year ("ESY") Indicated in their Individualized Education Programs ("IEPs"):
Level/ Program | Definition | Weighting | Per Pupil Allocation in FY 2024 |
Special Education Level 1 ESY | Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs. | 0.063 | $822 |
Special Education Level 2 ESY | Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs | 0.227 | $2,961 |
Special Education Level 3 ESY | Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs | 0.491 | $6,406 |
Special Education Level 4 ESY | Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs | 0.491 | $6,406 |
(e) Section 106a(c-2)(1) (D.C. Official Code § 38-2905.01(c-2)(1)) is amended by striking the phrase "based on projected enrollments" and inserting the phrase "based on actual audited enrollments for public charter schools and projected enrollments for DCPS schools" in its place.
(f) Section 106b (D.C. Official Code § 38-2905.02) is amended as follows:
(1) Subsection (b) is amended as follows:
(A) Designate the existing text as paragraph (1).
(B) A new paragraph (2) is added to read as follows:
"(2) There shall be deposited into the Fund $19,835,082 in Fiscal Year 2024.".
(2) Subsection (c) is amended to read as follows:
"(c)(1) Money in the Fund shall be used to provide stability to DCPS and public charter schools as they respond to the effects of the COVID-19 pandemic and continue recovery efforts initiated with federal relief grants.
"(2) Of the amount deposited into the Fund in Fiscal Year 2023, 52.62%, equivalent to $9,559,091, shall be transferred to the DCPS and 47.38%, equivalent to $8,605,828 ("FY23 PCS Amount"), shall be allocated to public charter schools pursuant to subsection (d) of this section.
"(3) Of the amount deposited into the Fund in Fiscal Year 2024, 52.62%, equivalent to $10,437,996, shall be transferred to the DCPS and 47.38%, equivalent to $9,397,086 ("FY24 PCS Amount"), shall be allocated to public charter schools pursuant to subsection (d-1) of this section.".
(3) Subsection (d) is amended by striking the phrase "PCS Amount" and inserting the phrase "FY23 PCS Amount" in its place.
(4) A new subsection (d-1) is added to read as follows:
"(d-1) From the FY24 PCS Amount, in School Year 2023-2024, the Mayor shall award each public charter school $196.11 per enrolled pupil, which the Mayor shall pay in quarterly installments throughout Fiscal Year 2024 according to the schedule and enrollment figures the Mayor uses to make Formula payments pursuant to section 107b(b); provided, that the first quarterly payment may be paid by October 15, 2023.".
SUBTITLE B. EDUCATION TO EMPLOYMENT DATA SYSTEM
Sec. 4011. Short title.
This title may be cited as the "Education to Employment Data System Emergency Amendment Act of 2023".
Sec. 4012. Section 202 of the Department of Education Establishment Act of 2007, effective June 12. 2007 (D.C. Law 17-9; D.C. Official Code § 38-191), is amended by adding new subsections (b-1) and (b-2) to read as follows:
"(b-1)(1) The Deputy Mayor for Education may implement a centralized data system to collect, analyze, and publish data on how and how well the District's education and workforce-related programs, and the agencies and entities implementing those programs, are serving District residents throughout their lifetimes, with the goal of enabling the linkage, management, and monitoring of information on individuals' progress through education, workforce training, and employment.
"(2) Each agency of the District government, including independent agencies, shall cooperate with the Deputy Mayor for Education in the implementation of the centralized data system, including by sharing education data for grades pre-kindergarten through 12, higher education data, and adult education data and workforce data with the Deputy Mayor for Education to the maximum extent allowed by federal law and notwithstanding the provisions of any District law otherwise limiting the sharing of such information.
"(3) For the purposes of this subsection, the term:
"(A) "Education data" means data relating to individual and aggregate student performance, including, as applicable:
"(i) Student progress information, including enrollment, retention, attendance, credit hours earned, graduation status, graduation rate, and time to degree;
"(ii) Academic performance data, including grade point average, state assessment results, major selected, courses taken, and degree earned;
"(iii) Financial aid status, including amount and type of financial aid awarded;
"(iv) College and career preparedness data, including:
"(I) Participation in career and technical education, work-based learning programs, early college, and dual enrollment programs; and
"(II) Free Application for Federal Student Aid completion status; and
"(v) Student demographics and data by special population statuses, including status as:
"(I) Eligible for English learner and special education services;
"(II) A recipient of assistance under the Supplemental Nutrition Assistance Program, Temporary Assistance for Needy Families program, or Pell grants;
"(III) Under the legal responsibility of a foster care agency or court; and
"(IV) Experiencing homelessness.
"(B) "Workforce data" means data relating to participation in workforce programs and workforce outcomes, including:
"(i) Employment information, including type of employment, employer name, location of employment, wage, number of hours worked, and length of employment;
"(ii) Employment-related benefits data and status, including unemployment status and data; and
"(iii) Workforce program participation data, including program enrollment, program completion status, and credentials earned.
"(C) "Workforce program" includes apprenticeship programs, subsidized employment programs, occupational skills training, on-the-job training, internships, and job readiness programs.
"(b-2) The Department of Education shall be considered an authorized representative of the Office of the State Superintendent of Education and the Higher Education Licensure Commission under applicable federal, District, and state laws and regulations for the purpose of accessing and compiling student record data for research purposes.".
Sec. 4013. Section 13(f) of the District of Columbia Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 953; D.C. Official Code § 51-113(f)), is amended as follows:
(a) Paragraph (2) is amended by redesignating the second subparagraph (C) as subparagraph (D).
(b) Paragraph (3) is amended by striking the phrase "or the maintenance of a system of public employment offices" and inserting the phrase ", the maintenance of a system of public employment offices, or with responsibility or authority for the evaluation of workforce or education programs" in its place.
(c) A new paragraph (4) is added to read as follows:
"(4) The Director may disclose workforce and employment data that is otherwise protected pursuant to paragraph (1) of this subsection without prior consent from the employing unit or individual when:
"(A) Disclosure is to another District agency or the agent or contractor of a District agency for the purpose of evaluating workforce or education programs; and
"(B) The use or disclosure is consistent with District and federal law.".
SUBTITLE C. UNIVERSAL PAID LEAVE IMPLEMENTATION FUND
Sec. 4021. Short title.
This subtitle may be cited as the "Universal Paid Leave Implementation Fund Emergency Amendment Act of 2023".
Sec. 4022. 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), is amended as follows:
(a) Subsection (b)(2) is amended as follows:
(1) The lead-in language is amended by striking the phrase "Fund the Universal Paid Leave" and inserting the phrase "Fund each fiscal year the Universal Paid Leave" in its place.
(2) Subparagraph (A) is amended by striking the phrase "No more than 8.75% of money in the Fund" and inserting the phrase "No more than 15% of the money estimated to be deposited in the Fund" in its place.
(3) Subparagraph (B) is amended by striking the phrase "money in the Fund" and inserting the phrase "money estimated to be deposited in the Fund" in its place.
(4) Subparagraph (C) is amended by striking the phrase "money in the Fund" and inserting the phrase "money estimated to be deposited in the Fund" in its place.
(b) A new subsection (b-1) is added to read as follows:
"(b-1) For the purposes of subsection (b) of this section, the phrase "money estimated to be deposited in the Fund" means the amount of revenue that the Chief Financial Officer estimates will be deposited in the Fund, as indicated in the certification provided by the Chief Financial Officer pursuant to section 104a(b) of the Universal Paid Leave Amendment Act of 2016, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 32-541.04a(b)), during the fiscal year in which the money in the Fund will be used to fund the Universal Paid Leave Administration Fund.".
SUBTITLE D. CHILD CARE SUBSIDIES FOR CHILDREN WITH DISABILITIES
Sec. 4031. Short title.
This subtitle may be cited as the "Enhancing Child Care Access for Children with Disabilities Emergency Amendment Act of 2023".
Sec. 4032. Section 3 of the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code § 4-402), is amended as follows:
(a) Subsection (a) is amended as follows:
(1) Paragraph (4) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(2) Paragraph (5) is amended by striking the period and inserting the phrase "; and" in its place.
(3) A new paragraph (6) is added to read as follows:
"(6) Provide a program which supports the childcare needs of children with disabilities and their families.".
(b) A new subsection (b-1) is added to read as follows:
"(b-1) The Department is further authorized to:
"(1) Make grants, as authorized by section 7g(c)(5) of the State Education Office Establishment Act of 2000, effective March 10, 2015 (D.C. Law 20-196; D.C. Official Code § 38-2613(c)(5)), to child development facilities to support the costs of:
"(A) Maintaining dedicated slots for infants, toddlers, and preschoolers with disabilities;
"(B) Providing out-of-school-time programming to school-aged children with disabilities; and
"(2) Establish a referral program to place children with disabilities in dedicated grant-funded slots.".
Sec. 4033. Section 7g(c) of the State Education Office Establishment Act of 2000, effective March 10, 2015 (D.C. Law 20-196; D.C. Official Code § 38-2613(c)), is amended as follows:
(a) Paragraph (3)(C) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(b) Paragraph (4) is amended by striking the period at the end and inserting the phrase "; and" in its place.
(c) A new paragraph (5) is added to read as follows:
"(5) Make grants to child development facilities to support the costs of maintaining dedicated slots for infants, toddlers, and preschoolers with disabilities and providing out-of-school-time programming to school-aged children with disabilities and to implement a referral program to place children with disabilities in dedicated grant-funded slots.".
SUBTITLE E. STATE BOARD OF EDUCATION COMPENSATION
Sec. 4041. Short title.
This subtitle may be cited as the "State Board of Education Compensation Emergency Amendment Act of 2023".
Sec. 4042. Section 1110 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 § 1-611.10), is amended to read as follows:
"Sec. 1110. Compensation — Members of the State Board of Education.
"(a) Notwithstanding any other provision of law, each member of the State Board of Education ("SBOE") shall, in 2024, receive an annual salary of $20,000; except, the President of the SBOE shall, in 2024, receive an annual salary of $21,000. In each subsequent year, the annual salary of each member and the President of the SBOE shall be increased by a percentage equal to the percentage by which the Consumer Price Index for All Urban Consumers for the Washington-Arlington-Alexandria, DC-MD-VA-WV Metropolitan Statistical Area (or such successor metropolitan statistical area that includes the District) increased in the prior calendar year.
"(b) The salaries of the members and President of the SBOE shall not be subject to step increases or any other increase not provided for by this section.".
Sec. 4043. Applicability.
This subtitle shall apply as of January 1, 2024.
SUBTITLE F. LIBRARY COLLECTIONS ACCOUNT
Sec. 4051. Short title.
This subtitle may be cited as the "Library Collections Account Emergency Amendment Act of 2023".
Sec. 4052. Section 14(b) of An Act To establish and provide for the maintenance of a free public library and reading room in the District of Columbia, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 39-114(b)), is amended by striking the phrase "Public Library" and inserting the phrase "Public Library and to support the procurement, processing, and cataloging of library materials" in its place.
SUBTITLE G. PUBLIC CHARTER SCHOOL TEACHER COMPENSATION
Sec. 4061. Short title.
This subtitle may be cited as the "Public Charter School Teacher Compensation Emergency Act of 2023".
Sec. 4062.
(a) For School Year 2023-2024, the Office of the State Superintendent of Education ("OSSE") shall make direct payments in a total amount of $73,572,698 from the Workforce Investments Account to public charter LEAs for the purpose of:
(1) Increasing compensation retroactively at a rate of 7.6% over a public charter LEA's School Year 2022-2023 pay scale for teachers whom a public charter LEA employed as of October 5, 2022, and who remain employed by the LEA as of September 1, 2023;
(2) Increasing compensation prospectively at a rate of 12.5% over a public charter LEA's School Year 2019-2020 pay scale for teachers whom an LEA employs as of September 1, 2023; and
(3) If funds remain after making payments to increase teacher compensation pursuant to paragraphs (1) and (2) of this subsection, increasing compensation for school-based educators and support staff.
(b) OSSE may issue payments authorized pursuant to subsection (a) of this section beginning July 1, 2023.
(c) To be eligible for a direct payment under subsection (a) of this section, a public charter LEA shall submit to OSSE:
(1) The public charter LEA's School Year 2019-2020 pay scale by steps and grades, if applicable, or the minimum, average, and maximum salaries for teachers in School Year 2019-2020.
(2) The total amount the public charter LEA spent on teacher salaries in School Year 2022-2023;
(3) The public charter LEA's School Year 2023-2024 teacher pay scale by steps and grades and number of teachers in each step and grade or, if applicable, the LEA's School Year 2023-2024 minimum, average, and maximum salaries for teachers and number of teachers, which shall demonstrate a 12.5% increase between School Year 2019-2020 and School Year 2023-2024 ranges, and documentation that it has publicly posted the pay scale;
(4) If a public charter LEA does not have a teacher pay scale, a signed assurance from the public charter LEA's Chief Executive Officer or Head of School that it will develop and publicly post a teacher pay scale by steps and grades by May 1, 2024, to be implemented in School Year 2024-2025;
(5) A signed assurance from the public charter LEA's Chief Executive Officer or Head of School that:
(A) The School Year 2023-2024 teacher pay scale will be at least 12.5% higher than its School Year 2019-2020 pay scale; and
(B) The public charter LEA will provide the retroactive 7.6% salary increase required pursuant to subsection (a)(1) of this section to all employees who were employed as a teacher as of October 5, 2022, and who remain employed by the public charter LEA, as a teacher or otherwise, as of September 1, 2023;
(d)(1) If, by June 30, 2024, OSSE determines that a public charter LEA that received payments authorized by this section has failed to comply with the provisions of this section or failed to use the money in accordance with the purposes authorized in subsection (a) of this section, the public charter LEA shall return, in a manner specified by OSSE, any portion of the payments determined by OSSE to be in violation of the requirements of this section, regardless of whether the public charter LEA disbursed the funding; except, that a public charter LEA may not require teachers to return any compensation they received from payments made under this section.
(2) OSSE shall provide the public charter LEA with an opportunity to cure the violation prior to requiring repayment.
(e) For the purposes of this section, the term:
(1) "Public charter LEA" means an individual or a group of public charter schools operating under a single charter.
(2) "Teacher" means a school-based employee who provides instruction in a core or non-core academic subject, and includes general or special education teachers instructing students in the core subject areas of English language arts, math, science, and social studies, as well as non-core subjects such as arts, foreign language, and physical education, but excludes student support professionals such as speech therapists or social workers, counselors, librarians, coaches, principals, special education coordinators, program coordinators, deans, office staff, custodians, or any other non-instructional personnel.
Sec. 4063. Section 47-368.07(b)(2) of the District of Columbia Official Code is amended by striking the phrase "Payments to public charter schools authorized by section 204 of the Fiscal Year 2018 Budget Support Clarification Act of 2018, passed on 2nd reading on April 10, 2018 (Enrolled version of Bill 22-466)" and inserting the phrase "Payments to public charter schools authorized to be paid from the Account by other District law" in its place.
Sec. 4064. Applicability.
This subtitle shall apply as of July 1, 2023.
SUBTITLE H. WARD 4 LIBRARIES
Sec. 4071. Short title.
This subtitle may be cited as the "Ward 4 Libraries Emergency Act of 2023".
Sec. 4072. (a)(1) Notwithstanding any other provision of law, no public funds shall be used to relocate or close the Juanita E. Thornton-Shepherd Park Branch of the District of Columbia Public Library; provided, that this prohibition shall not apply to a temporary relocation or closure for the purpose of modernizing, renovating, rebuilding, improving, or maintaining the library facility.
(2) For purposes of this subtitle, the term "public funds" includes federal, local, and capital funds.
(b)(1) Notwithstanding any other provision of law, the Mayor or a subordinate executive branch agency designated by the Mayor ("Mayor's designee") shall be authorized to use funds appropriated for capital project SPL37 to acquire real property that is suitable for development of a new full-service branch library to address a library service gap in Brightwood Park and Manor Park, as identified in the District of Columbia Public Library's facilities master plan for 2021-2030; provided, that the real property be located within one-half mile of the portion of Kennedy Street, NW, situated between 13th Street, NW, and Kansas Avenue, NW.
(2) Beginning June 1, 2024, and by June 1 of each year thereafter until acquisition of the real property described in this subsection is complete, the Mayor or the Mayor's designee shall deliver a written report on the status of the acquisition to the Council and Ward 4 Advisory Neighborhood Commissions.
(3) Until acquisition of the real property described in this subsection is complete, all amounts appropriated as funded capital allotments to project SPL37 shall not be reprogrammed to any other projects.
(c) The Mayor may exercise eminent domain in accordance with the procedures set forth in Subchapter II of Chapter 13 of Title 16 of the District of Columbia Official Code to acquire real property suitable for development of a new full-service branch library described in subsection (b) of this section.
SUBTITLE I. COMMUNITY ACCESS TO RECREATIONAL SPACE PILOT PROGRAM
Sec. 4081. Short title.
This subtitle may be cited as the "Community Access to Recreational Space Pilot Program Emergency Act of 2023".
Sec. 4082. Public Access to Recreational Facilities Pilot Program.
(a)(1) In Fiscal Year 2024, the Department of Parks and Recreation ("DPR") shall establish a pilot program to expand safe and sanitary public access to the recreational facilities at Garrison Elementary School and Benjamin Banneker High School on evenings and weekends, outside of the hours in which the facilities are in active use by the schools and student activities.
(2) Under the pilot program, DPR shall enter an agreement with Garrison Elementary School and Benjamin Banneker High School to determine the hours of public use, at times that would not interfere with school- and student-related activities.
(b) During all evening and weekend hours in which the facilities are open to the public, DPR shall facilitate security and custodial services as necessary to allow the safe and sanitary use of public recreation amenities, either directly, through a District agency partner, or through another third party.
SUBTITLE J. DEPARTMENT OF PARKS AND RECREATION GRANTS
Sec. 4091. Short title.
This subtitle may be cited as the "Department of Parks and Recreation Emergency Grants Act of 2023".
Sec. 4092. 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 2024, the Department of Parks and Recreation shall issue the following grants:
(1) $250,000 to Georgetown Heritage to complete design planning for the C&O Canal Educational and Cultural Center; and
(2) $100,000 to Horton's Kids to support its work in Ward 8 helping children and families by providing high-impact tutoring, youth development, college and career readiness, school partnerships, and family support services. This grant also may be used to support the organization's capital needs.
SUBTITLE K. UNIVERSITY OF THE DISTRICT OF COLUMBIA FUNDING
Sec. 4101. Short title.
This subtitle may be cited as the "University of the District of Columbia Funding Emergency Act of 2023".
Sec. 4102. (a) In Fiscal Year 2024, of the funds allocated to the Non-Departmental Account, $1 shall be transferred to the University of the District of Columbia ("UDC") for every $1 that UDC raises from private donations by April 1, 2024, up to a maximum transfer of $1 million.
(b) Of the amount transferred to UDC pursuant to subsection (a) of this section, no less than one-third of the funds shall be deposited into UDC's endowment fund.
Sec. 4103. (a) By September 1, 2024, UDC shall submit a report to the Council detailing its use of the $6.7 million enhancement provided in the Fiscal Year 2024 budget and financial plan to increase compensation for faculty and staff positions existing as of October 1, 2023.
(b) The report shall explain, by academic department and other division, how the salary increases improved competitiveness and faculty and staff retention.
SUBTITLE L. PUBLIC SCHOOL HEALTHY FOOD CURRICULUM GRANTS
Sec. 4111. Short title.
This subtitle may be cited as the "Public School Healthy Food Curriculum Grants Emergency Amendment Act of 2023".
Sec. 4112. Section 302 of the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; D.C. Official Code § 38-823.02), is amended by adding a new subsection (c) to read as follows:
"(c) In Fiscal Year 2024 and no later than November 1, 2023, notwithstanding
Sec. 4113. Applicability.
This subtitle shall apply as of the effective date of this act.
SUBTITLE M. SPECIAL NEEDS PUBLIC CHARTER SCHOOL FUNDING
Sec. 4121. Short title.
This subtitle may be cited as the "Special Needs Public Charter School Funding Authorization Emergency Act of 2023".
Sec. 4122. (a)(1) Notwithstanding section 2401(b)(2) of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-136; D.C. Official Code § 38-1804.01(b)(2)), in Fiscal Year 2024, the Public Charter School Board ("PCSB") shall transmit $1 million to St. Coletta Special Education 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.).
(2) PCSB shall transfer the funds authorized pursuant to paragraph (1) of this subsection to a bank designated by the School within 30 days of the effective date of the Fiscal Year 2024 Local Budget Act of 2023, passed on 2nd reading on May 30, 2023 (Enrolled version of Bill 25-203).
(3) Within 2 business days after transferring the funds authorized in paragraph (1) of this subsection to the School, PCSB shall submit documentation to the Council showing that such transfer occurred.
(b)(1) PCSB shall require the School to submit to it a quarterly accounting of all expenditures made with the additional funds the School received pursuant to subsection (a) of this section.
(2) PCSB may consider the School's failure to submit the quarterly accounting required pursuant to paragraph (1) of this subsection as fiscal mismanagement.
SUBTITLE N. OUT OF SCHOOL TIME OFFICE GRANT AUTHORITY
Sec. 4131. Short title.
This subtitle may be cited as the "Out of School Time Office Grant Authority Expansion Emergency Amendment Act of 2023".
Sec. 4132. The Office of Out of School Time Grants and Youth Outcomes Establishment Act of 2016, effective April 7, 2017 (D.C. Law 21-261; D.C. Official Code § 2-1555.01 et seq.), is amended as follows:
(a) Section 4(b) (D.C. Official Code § 2-1555.03(b)) is amended by striking the phrase "organizations providing" and inserting the phrase "organizations, District of Columbia Public Schools schools, and public charter schools providing" in its place.
(b) Section 5(b) (D.C. Official Code § 2-1555.04(b)), is amended as follows:
(1) Paragraph (1) is amended by striking the phrase "Except as provided in paragraphs (2) and (3) of this subsection" and inserting the phrase "Except as provided in paragraphs (2), (3), and (4) of this subsection" in its place.
(2) A new paragraph (4) is added to read as follows:
"(4) The Office may award grants on a competitive or formula basis to one or more District of Columbia Public Schools schools or public charter schools to provide out-of-school-time programs; provided, that:
"(A) The school partners with one or more established 501(c)(3) not-for-profit, youth-serving organizations; and
"(B) The school receives funds under Title I, Part A of the Elementary and Secondary Education Act of 1965, approved January 8, 2002 (115 Stat. 1444; 20 U.S.C. 6311 et seq.).".
SUBTITLE O. EARLY CHILDHOOD EDUCATOR PAY EQUITY INCREASES
Sec. 4141. Short title.
This subtitle may be cited as the "Early Childhood Educator Pay Equity Increase Emergency Amendment Act of 2023".
Sec. 4142. Section 11b(b) of the Day Care Policy Act of 1979, effective October 30, 2018 (D.C. Law 22-179; D.C. Official Code § 4-410.02(b)), is amended as follows:
(a) The lead-in language is amended by striking the word "Educatory" and inserting the word "Educator" in its place.
(b) The tabular arrays are amended to read as follows:
Table 1: Assistant Teacher Minimum Salaries | |
Credential Level | Minimum salary |
Less than a CDA | $43,865/year |
CDA | $51,006/year |
Associate's | $54,262/year |
Table 2: Lead Teacher Minimum Salaries | |
Credential Level | Minimum salary |
CDA or 48 credit hours with greater than or equal to 15 credit hours in ECE | $54,262/year |
Associate's in ECE or Associate's with greater than or equal to 24 credit hours in ECE | $63,838/year |
Bachelor's in ECE or Bachelor's with greater than or equal to 24 credit hours in ECE | $75,103/year. |
Sec. 4143. Applicability.
This subtitle shall apply as of the effective date of this act.
SUBTITLE P. REPEAL OF OSSE SPECIAL FUNDS
Sec. 4151. Short title.
This subtitle may be cited as the "Office of the State Superintendent of Education Repeal of Special Funds Emergency Amendment Act of 2023".
Sec. 4152. Section 10005 of the Revised Revenue Estimate Adjustment Allocation Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-325.251), is repealed.
Sec. 4153. Section 7a of the Child Development Facilities Regulation Act of 1998, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 7-2036.01), is repealed.
Sec. 4154. (a) Section 4073 of the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code § 38-282), is amended as follows:
(1) The section heading is amended by striking the word "Fund" and inserting the word "funding" in its place.
(2) Subsections (a) and (b) are repealed.
(3) The lead-in language of subsection (c) is amended by striking the phrase "the Fund" and inserting the phrase "annual appropriations for the Healthy Tots Program" in its place.
(4) The lead-in language of subsection (d) is amended by striking the phrase "the Fund" and inserting the phrase "annual appropriations for the Healthy Tots Program" in its place.
(b) Section 3(b)(23) of the of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)(23)), is amended by striking the phrase "the Healthy Tots Fund fulfill its" and inserting the phrase "Healthy Tots funding and fulfill its" in its place.
Sec. 4155. The District of Columbia Nonresident Tuition Act, approved September 8, 1960 (74 Stat. 853; D.C. Official Code § 38-301 et seq.), is amended as follows:
(a) Section 2(c) (D.C. Official Code § 38-302(c)) is repealed.
(b) Section 15b (D.C. Official Code § 38-312.02) is repealed.
Sec. 4156. Section 7j of the State Education Office Establishment Act of 2000, effective September 11, 2019 (D.C. Law 23-16; D.C. Official Code § 38-2616), is repealed.
SUBTITLE Q. DCPS EDUCATOR EXIT SURVEY REPORT
Sec. 4161. Short title.
This subtitle may be cited as the "DCPS Educator Exit Survey Report Emergency Amendment Act of 2023".
Sec. 4162. The District of Columbia Public Schools Agency Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-171 et seq.), is amended as follows:
(a) A new section 101a is added to read as follows:
"Sec. 101a. Definitions.
" For the purposes of this title, the term:
"(1) "DCPS" means the District of Columbia Public Schools system.
"(2) "Educator" includes a principal, assistant principal, teacher, assistant teacher, paraprofessional, school psychologist or counselor, or any person who provides professional educational services or psychological services at a school.
"(3) "Educator Preparation Program" means a program preparing teachers, service providers, and administrators for District of Columbia pre-kindergarten through grade 12 schools that has been determined by the Office of the State Superintendent of Education to meet state standards for preparing candidates to enter the profession.
"(4) "Personal Identifiable Information" means information that can be used to distinguish or trace an individual's identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual.".
(b) Section 105 (D.C. Official Code § 38-174) is amended by adding a new subsection (d) to read as follows:
"(d)(1) By November 30, 2024, and annually by November 30 thereafter, the Chancellor shall publish an Educator Exit Survey Report ("report"), that provides the results of exit surveys from the previous school year, and shall:
"(A) Make public a summary of the surveys used to gather the necessary information to publish this report;
"(B) Make public the data used to furnish the report without any personal identifiable information;
"(C) Publish the number and percentage of educators systemwide and by school who left the employ of their schools or the employ of DCPS, disaggregated by:
"(i) Number of years of service at the school site;
"(ii) Number of years of service in DCPS;
"(iii) Race;
"(iv) Gender;
"(v) Reason for leaving;
"(vi) Job title;
"(vii) Ward in which school is located;
"(viii) Educator preparation program, if applicable;
"(ix) Score on most recent evaluation, if applicable;
"(x) Grade level taught, if applicable; and
"(xi) Subject taught or relevant position; and
"(D) Highlight schools retaining more of their educators than other schools with similar student demographics and the practices those schools implement to retain educators.
"(2) The data collected to publish the report shall be collected, stored, and presented in a way that protects all personal identifiable information from disclosure.".
SUBTITLE R. WORKFORCE DEVELOPMENT PARTICIPANT FOOD PURCHASE AUTHORIZATION
Sec. 4171. Short title.
This subtitle may be cited as the "Workforce Development Participant Food Purchase Authorization Emergency Amendment Act of 2023".
Sec. 4172. Section 3 of the Mayor's Youth Leadership Institute Act of 2005, effective October 20, 2005 (D.C. Law 16-32; D.C. Official Code § 2-1572), is amended by adding a new subsection (d) to read as follows:
"(d) Department of Employment Services funds may be used to purchase food and non-alcoholic beverages for participants during the required summer training program sessions and the District government employees who supervise the youth during the required summer training program sessions.".
Sec. 4173. The Youth Employment Act of 1979, effective January 5, 1980 (D.C. Law 3-46; D.C. Official Code § 32-241 et seq.), is amended as follows:
(a) Section 2a (D.C. Official Code § 32-242) is amended by adding a new subsection (h) to read as follows:
"(h) When the purchase is reasonably necessary to assist in the effective achievement of a statutorily authorized goal, objective, or responsibility, Department of Employment Services funds may be used to purchase food and non-alcoholic beverages for:
"(1) Youth enrolled in the summer youth jobs program;
"(2) District government employees at registration events at which participant eligibility is certified or transportation stipends are distributed, or at hiring events; and
"(3) Participants, District government employees, and employees of host agencies who attend the annual summer youth employment program closing ceremony.".
(b) Section 2e (D.C. Official Code § 32-246) is amended by adding a new subsection (e) to read as follows:
"(e) Department of Employment Services funds may be used to purchase food and non-alcoholic beverages for participants receiving DCIA skills training, when the purchase is reasonably necessary to assist in the effective achievement of a statutorily authorized goal, objective, or responsibility.".
Sec. 4174. Section 2102 of the Transitional Employment Program and Apprenticeship Initiative Establishment Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 32-1331), is amended by adding a new subsection (h) to read as follows:
"(h) Department of Employment Services funds may be used to purchase food and non-alcoholic beverages for transitional employment program participants attending training and education activities when the purchase is reasonably necessary to assist in the effective achievement of a statutorily authorized goal, objective, or responsibility.".
Sec. 4175. An Act To provide for voluntary apprenticeship in the District of Columbia, approved May 21, 1946 (60 Stat. 204; D.C. Official Code § 32-1401 et seq.), is amended by adding a new section 12b to read as follows:
"Sec. 12b. Use of funds.
"Department of Employment Services funds may be used to purchase food and non-alcoholic beverages for apprentices, when the purchase is reasonably necessary to assist in the effective achievement of a statutorily authorized goal, objective, or responsibility.".
SUBTITLE S. FLEXIBLE SCHEDULE PILOT PROGRAM
Sec. 4181. Short title.
This subtitle may be cited as the "Flexible Schedule Emergency Amendment Act of 2023".
Sec. 4182. The District of Columbia Public Schools Agency Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-171 et seq.), is amended by adding a new section 105b to read as follows:
"Sec. 105b. District of Columbia Public Schools Flexible Schedule Pilot.
"(a) In Fiscal Year 2024, DCPS shall provide up to $400,000 per school to 6 or more schools for the purpose of continuing, creating, or planning scheduling arrangements that allow for variation in instructional calendars and formats on a daily or weekly basis for the schools' educators while continuing to provide academic instruction to students.
"(b) By February 15, 2024, DCPS shall provide a report to Council that:
"(1) Accounts for Fiscal Year 2024 funds spent and anticipated to be spent pursuant to subsection (a) of this section;
"(2) Explains whether DCPS anticipates exhausting appropriated funds by the end of the school year; and
"(3) Identifies schools that requested to receive funds pursuant to subsection (a) of this section but were not selected and provides a justification for each school's exclusion.
"(c) For the purposes of this section, the term "educator" includes a principal, assistant principal, teacher, assistant teacher, paraprofessional, school psychologist or counselor, all school service providers, or any person who provides professional educational services or education psychological services at a school.".
Sec. 4183. The State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2601 et seq.), is amended as follows:
(a) Section 2b (D.C. Official Code § 38-2601.02) is amended by adding a new paragraph (5A) to read as follows:
"(5A) "Public charter school" shall have the same meaning as provided in section 2002 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-107; D.C. Official Code § 38-1800.02).".
(b) A new section 7k is added to read as follow:
"Sec. 7k. Flexible Schedule Pilot Program.
"(a) In School Years 2023-2024 and 2024-2025, OSSE shall administer a Flexible Schedule Pilot Program ("pilot") to assist participating LEAs in providing additional time for educators to engage in professional development, continuing education, course planning, collaboration, wellness, and other similar activities by providing financial support, resources and guidance, linkages to youth development program providers and partners, and research on existing flexible schedule models across the District.
"(b) OSSE shall issue a call for applications and select participating LEAs for the pilot by March 15, 2024.
"(1) Participation in the pilot shall be based on criteria OSSE establishes, and the following considerations:
"(A) OSSE shall give priority to applications that prioritize elementary and middle schools;
"(B) The number of participating schools by ward should be proportional to the percentage of students attending school in that ward;
"(C) OSSE shall give priority to applications that prioritize schools with higher-than-average teacher attrition; and
"(D) The responses an LEA provides with its application pursuant to paragraph (2) of this subsection.
"(2) Each LEA's application to the pilot shall include:
"(A) The names of the participating schools, the LEA's proposed flexible schedule for each participating school, and an explanation of how flexible scheduling will enhance student achievement for each participating school;
"(B) An explanation of how the participating schools identified in the application will meet the 1,080 instructional contact hours otherwise required by OSSE;
"(C) The school-level administrators who will be responsible for administering the pilot at each school;
"(D) A plan for engaging and communicating with families and students about the pilot;
"(E) The projected cost of the pilot and a description of anticipated expenses;
"(F) Youth development program providers or other partners the LEA plans to work with to support the pilot and for what purposes, if applicable;
"(G) Demographics of each school identified in the LEA's application including:
"(i) The ward in which the school is located;
"(ii) Number and percentage of students disaggregated by race, English language learner status, at-risk status, and special education status;
"(iii) Grade levels served; and
"(iv) The number of educators at the school, disaggregated by administrators, teachers, counselors, psychologists, and paraprofessionals; and
"(H) Any other information that OSSE may require.
"(c) OSSE shall:
"(1) Collect data on schools using flexible schedules outside of the pilot that compares different scheduling models and educator attrition rates across those models;
"(2) Provide resources and access to technical support for participating schools;
"(3) Administer a post-pilot survey to educators that collects feedback on the:
"(A) Efficacy of the pilot model measured against its stated goals at each participating school;
"(B) Educators' satisfaction with the pilot at their school;
"(C) Educators' intent to continue working at their school; and
"(D) Any other information that OSSE deems useful;
"(4) Administer a post-pilot survey to students and families that collects feedback on their satisfaction with the implementation of the pilot at their school;
"(5) By February 1, 2026, make publicly available, a report that includes:
"(A) A description of the pilot at each school;
"(B) Background information on each pilot school including the demographic information received pursuant to subsection (b)(2)(G) of this section;
"(C) A description of costs associated with implementing the pilot at each school;
"(D) The results from the educator and student and family surveys issued pursuant to paragraphs (3) and (4) of this subsection and an analysis of the results;
"(E) An analysis of other impacts or observations of the pilot not captured by the surveys and an analysis of external variables that may have contributed to survey outcomes and students' academic performance;
"(F) An accounting of staff attrition in each participating school comparing the average educator attrition rate over the 3 years before the pilot year to the attrition rate of the pilot year;
"(G) An analysis of the impact of the pilot on student learning in the impacted grades;
"(H) Recommendations for the most effective models of the pilot;
"(I) An analysis of the role that youth development program providers and partners played in supporting the pilot, if applicable; and
"(J) Recommendations for how successful pilot models can expand to other schools, and what barriers, policy or otherwise, may prevent adoption of successful pilot models.
"(d) For the purposes of this section, the term:
"(1) "Educator" includes a principal, assistant principal, teacher, assistant teacher, paraprofessional, school psychologist or counselor, all school service providers, or any person who provides professional educational services or education psychological services at a school.
"(2) "Flexible schedule" means a scheduling arrangement that allows for variation in the instructional calendars and formats on a daily or weekly basis while continuing to provide academic instruction to students.
"(3) "Paraprofessional" means an individual employed by an LEA to provide instructional, behavioral, or other support for teachers and students in or outside of the classroom. This term includes instructional aides or assistants, teacher aides, and paraeducators.
"(4) "Youth development program" means a program or service that engages youth in a variety of social, emotional, educational, or recreational activities to promote improvements to their intellectual, behavioral, and physical well-being, consistent with a youth development approach.".
SUBTITLE T. SCHOOL SAFETY COORDINATION
Sec. 4191. Short title.
This subtitle may be cited as the "School Safety Coordination Emergency Act of 2023."
Sec. 4192. Establishment of the school safety enhancement committee.
(a) There is established a school safety enhancement committee ("committee") whose purpose shall be to assist the Deputy Mayor for Education ("DME") in issuing the report described in subsection (e) of this section.
(b) The DME may provide meeting space and other administrative support to the committee.
(c) The committee shall be comprised of 10 members as follows:
(1) Two representatives designated by the DME, as follows:
(A) One DCPS or public charter school parent representative;
(B) One DCPS or public charter school student representative;
(2) A representative designated by the Deputy Mayor for Public Safety and Justice;
(3) A representative designated by the State Board of Education;
(4) A representative designated by the Chancellor of the District of Columbia Public Schools;
(5) A representative designated by the Public Charter School Board;
(6) A representative designated by the Metropolitan Police Departments' School Safety Division; and
(7) Three representatives designated by the Chair of the Council committee with jurisdiction over the DME.
(d) The committee shall consult with the relevant District agencies to develop the report required pursuant to subsection (e) of this section, including the following:
(1) The Office of the Deputy Mayor for Public Safety and Justice;
(2) The Metropolitan Police Department;
(3) The Homeland Security and Emergency Management Agency;
(4) The Department of Health;
(5) The Department of Behavioral Health;
(6) The District Department of Transportation; and
(7) The Criminal Justice Coordinating Council.
(e) The report shall be issued to the Mayor and the Council no later than February 1, 2024, and shall consider:
(1) Existing school safety roles and responsibilities that are being fulfilled by school employees, security guards, and school resource officers;
(2) Recommended staffing configurations of a school safety team, including descriptions of possible responsibilities and hiring qualifications of school safety employees (who are not law enforcement or security guards);
(3) Circumstances appropriate for police involvement;
(4) Evidence-based and trauma-informed approaches to achieving school safety that would improve student safety, academic outcomes, and wellbeing, including:
(A) School-wide positive behavior interventions and supports;
(B) Restorative justice programs and interventions;
(C) Violence interruption;
(D) Mediation;
(E) Social and emotional learning programs; and
(F) Family engagement strategies;
(5) Methods of prevention and intervention that can be employed to minimize and respond to school safety incidents;
(6) Student discipline approaches that are aimed at addressing the root causes of behavioral issues;
(7) Procedures for contacting and engaging with the Metropolitan Police Department in circumstances appropriate for police involvement that ensure the physical safety, and well-being of all students and school employees;
(8) Procedures for enhancing campus security without compromising the privacy of students, including appropriate uses of security cameras and related technology to monitor and respond to campus threats;
(9) Practices for engaging students and parents in each school community about safety needs, the school's response to incidents handled by a school safety team, and the school's response to circumstances appropriate for police involvement;
(10) Requirements for schools to report safety incidents to the Office of the State Superintendent of Education;
(11) Protocols for coordination between school-based employees whose roles involve student safety, the Safe Passage Program, and the Safe Routes to School Program established pursuant to sections 2a and 2d of the School Proximity Traffic Calming Act of 2000, effective March 10, 2023 (D.C. Law 24-285; D.C. Official Code §§ 38-3102 and 38-3105), respectively;
(12) Recommended guidelines for the Metropolitan Police Department, Homeland Security and Emergency Management Agency, the Office of Unified Communications, and the Fire and Emergency Medical Service Department to share timely and reliable information about ongoing emergencies with:
(A) A principal of a District of Columbia Public School, public charter school, or private educational facility; and
(B) A child development center program director or in home care owner or operator.
SUBTITLE U. CONSERVATION OF APPROPRIATIONS TO DCPS
Sec. 4201. This subtitle may be cited as the "Conservation of District of Columbia Public Schools Appropriations Emergency Amendment Act of 2023".
Sec. 4202. The Schools First in Budgeting Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-300; D.C. Official Code § 38-2851.01 et seq.), is amended as follows:
(a) Section 102 (D.C. Official Code § 38-2851.01) is amended as follows:
(1) Paragraph (1) is redesignated as paragraph (1A).
(2) A new paragraph (1) is added to read as follows:
"(1) "Advance Expenditures" means all amounts expended by DCPS during a fiscal year that are charged against the local fund appropriations for DCPS for the next fiscal year, as authorized in an act making appropriations for DCPS.".
(3) A new paragraph (3A) is added to read as follows:
"(3A) "Lapsed Appropriations" means the aggregate balance of local fund appropriations for DCPS that is unspent at the end of the fiscal year for which the appropriations were made.".
(b) Section 103 (D.C. Official Code § 38-2851.02) is amended by adding a new subsection (g-1) to read as follows:
"(g-1) Beginning with the year-end closing period for Fiscal Year 2023 and annually during the year-end closing period thereafter, the Chief Financial Officer shall charge DCPS's advance expenditures against its lapsed appropriations until either:
"(1) The total value of the advanced expenditures is fully offset by lapsed appropriations; or
"(2) The balance of lapsed appropriations is less than 0.05% of the local fund appropriations for DCPS for the closing fiscal year.".
Sec. 4203. Applicability.
This subtitle shall apply as of July 1, 2023.
TITLE V. HUMAN SUPPORT SERVICES
SUBTITLE A. WARDS 2 AND 3 SENIOR WELLNESS CENTERS
Sec. 5001. Short title.
This subtitle may be cited as the "Wards 2 and 3 Senior Wellness Centers Emergency Amendment Act of 2023".
Sec. 5002. Section 310 of the District of Columbia Act on the Aging, effective September 21, 2022 (D.C. Law 24-167; D.C. Official Code § 7-503.10), is amended as follows:
(a) Subsection (a) is amended to read as follows:
"(a) There is established a Senior Wellness Center Feasibility and Planning Task Force ("Task Force") that shall evaluate and comment on the feasibility study and planning of 2 senior wellness centers, one to be located within Ward 2 and the other to be located within Ward 3. The Task Force shall advise and guide the Mayor, the Council, and the Department on the development of new wellness centers to serve residents of Wards 2 and 3, and review programs and services to address senior needs in those communities.".
(b) Subsection (f) is amended to read as follows:
"(f) The Task Force shall, at a minimum:
"(1) Conduct bi-monthly meetings to evaluate and be engaged in the planning and stages of development of the 2 wellness centers described in subsection (a) of this section;
"(2) Provide quarterly reports to the Committee, Mayor, and Department on the progress, findings, and recommendations from the meetings; and
"(3) By December 31, 2024, prepare separate plans for Ward 2 and Ward 3 that:
"(A) Describe the state of the needs for the senior population within the ward, including a description of the food insecure, homebound, and isolated individuals by neighborhoods and demographics, root causes of the issues, and specific identifiable risks for the senior population, as well as descriptions of any subcategories and the unique needs of such subcategories;
"(B) Provide the Task Force's recommendations on at least 3 possible locations for each wellness center and the necessary space and facilities within each wellness center;
"(C) Identify the Task Force's findings and recommendations on programming to serve each ward community; and
"(D) Provide non-binding advisory approval of the design and planning of each project.".
SUBTITLE B. MEDICAID PROVIDER REIMBURSEMENT
Sec. 5011. Short title.
This subtitle may be cited as the "Medicaid Provider Reimbursement Emergency Act of 2023".
Sec. 5012. Definitions
For the purposes of this subtitle, the term:
(1) "Covered Hospital" means a hospital, as defined in section 2(a)(9) of the Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-501(a)(9)), except the term shall not include:
(A) A hospital operated by the federal government;
(B) A specialty hospital, as defined by the State Plan;
(C) A hospital that is reimbursed under a specialty hospital reimbursement methodology under the State Plan; or
(D) A hospital that serves an economically underserved area, as defined in the State Plan or by the Department in a managed care directed payment plan.
(2) "Department" means the Department of Health Care Finance.
(3) "Medicaid" means the medical assistance programs authorized by Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.), and by section 1 of An Act To enable the District of Columbia to receive Federal financial assistance under title XIX of the Social Security Act for a medical assistance program, and for other purposes, approved December 27, 1967 (81 Stat. 744; D.C. Official Code § 1-307.02), and administered by the Department.
(4) "State Plan" means the District of Columbia Medicaid State Plan.
Sec. 5013. Medicaid hospital provider reimbursement.
(a) Beginning October 1, 2023, the Department shall fund capitation rates for each managed care organization at a level that complies with the minimum reimbursement levels established in section 5066(b-1) of the Medicaid Hospital Outpatient Supplemental Payment Act of 2017, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 44-664.05(b-1)), and section 5084(a)(2) of the Medicaid Hospital Inpatient Rate Supplement Act of 2017, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 44-664.13(a)(2)), and that ensures a covered hospital receives:
(1) Maximum outpatient hospital reimbursements of 110% of the fee-for-service rate methodology set forth in the State Plan; and
(2) Maximum inpatient hospital reimbursements equal to the negotiated managed care hospital rates that were in effect on March 31, 2023, for the managed care organization for inpatient hospital services.
(b) If necessary to ensure federal concurrence with the provisions of this section, the Department shall, by September 30, 2023, submit a state plan amendment or a managed care directed payment proposal to the Center for Medicare and Medicaid Services.
(c) This section shall expire on September 30, 2027.
Sec. 5014. Annual hospital costs reporting.
By December 31, 2023, and by December 31 of each year thereafter, the Department shall publish on its website a report on District all-payer hospital costs.
Sec. 5015. Medicaid physician provider reimbursement.
The Mayor may direct the Department to make changes to the physician reimbursement methodology set forth in the State Plan for implementation no later than October 1, 2024.
SUBTITLE C. GRANDPARENT AND CAREGIVER SUBSIDY ELIGIBILITY EXPANSION
Sec. 5021. Short title.
This subtitle may be cited as the "Grandparent and Caregiver Subsidy Eligibility Expansion Emergency Amendment Act of 2023".
Sec. 5022. The Grandparent Caregivers Pilot Program Establishment Act of 2005, effective March 8, 2006 (D.C. Law 16-69; D.C. Official Code § 4-251.01 et seq.), is amended as follows:
(a) Section 103(a)(5) (D.C. Official Code § 4-251.03(a)(5)) is amended by striking the phrase "income is under 200%" and inserting the phrase "income (excluding Supplemental Security Income) is under 200%" in its place.
(b) Section 104(c) (D.C. Official Code § 4-251.04(c)) is amended by striking the phrase "or Supplemental Security Income for the child." and inserting the phrase "for the child." in its place.
Sec. 5023. The Close Relative Caregiver Subsidy Pilot Program Establishment Amendment Act of 2019, effective November 26, 2019 (D.C. Law 23-32; D.C. Official Code § 4-251.21 et seq.), is amended as follows:
(a) Section 103(a)(5) (D.C. Official Code § 4-251.23(a)(5)) is amended by striking the phrase "income is under 200%" and inserting the phrase "income (excluding Supplemental Security Income) is under 200%" in its place.
(b) Section 104(c) (D.C. Official Code § 4-251.24(c)) is amended by striking the phrase "or Supplemental Security Income for the child." and inserting the phrase "for the child." in its place.
SUBTITLE D. DEPARTMENT OF HEALTH CARE FINANCE REPORTING REQUIREMENTS
Sec. 5031. Short title.
This subtitle may be cited as the "Department of Health Care Finance Reporting Emergency Amendment Act of 2023."
Sec. 5032. The Department of Health Care Finance Establishment Act of 2007, effective February 27, 2008 (D.C. Law 17-109; D.C. Official Code § 7-771.01 et seq.), is amended by adding a new section 11c to read as follows:
"Sec. 11c. Department of Health Care Finance reporting requirements.
"(a) By January 1, 2024, the Director shall submit the following reports to the Council:
"(1) A report on medical respite care for homeless individuals, including:
"(A) Recommendations for the establishment of medical respite care services for homeless individuals, through either an amendment to the District of Columbia Medicaid State Plan or a waiver pursuant to section 1115 of the Social Security Act, approved July 25, 1962 (76 Stat. 192; 42 U.S.C. § 1315);
"(B) The types of services that may be offered to homeless individuals through a medical respite care program; and
"(C) An identification of any potential restrictions on the provision of services identified pursuant to subparagraph (B) of this paragraph, including the use of prior authorization; and
"(2) A report on the status of value-based payment methods within the District's public and locally funded health benefit programs operated by managed care organizations ("MCOs"), which shall include:
"(A) Specific efforts undertaken by each of the District's public and locally funded health benefit programs operated by MCOs to incorporate value-based payment initiatives with their network providers, along with qualitative and quantitative outcomes associated with those efforts;
"(B) A description of how each public and locally funded health benefit program operated by MCOs aligns financial incentives and accountability with the total costs of care and overall health outcomes;
"(C) A description of how each public and locally funded health benefit program operated by MCOs aligns payments directly with quality and efficiency of care; and
"(D) An analysis of the percentage of total medical expenditures by public and locally funded health benefit programs operated by MCOs that are linked to alternative payment methods.
"(b)(1) Beginning January 1, 2024, and every 3 months thereafter, each of the District's public and locally funded health benefit programs operated by MCOs shall report to the Department the following data on a de-identified basis:
"(A) The total number of beneficiaries in its plan, including those enrolled in a value-based payment model;
"(B) The number of its beneficiaries who do not have an assigned primary care physician;
"(C) The number of its beneficiaries who have not had a primary care visit in the previous 12 months; and
"(D) The number of its beneficiaries who have had more than 5 emergency room visits in the previous 90 days.
"(2) Within 30 days of receiving the information required under paragraph (1) of this subsection, the Director shall report such information to the Council and post it publicly on the Department's website.".
SUBTITLE E. FIRST-TIME MOTHERS HOME VISITING PROGRAM
Sec. 5041. Short Title.
This subtitle may be cited as the "First-Time Mothers Home Visiting Program Emergency Amendment Act of 2023".
Sec. 5042. Section 105a(a) of the Birth-to-Three for All DC Amendment Act of 2018, effective September 11, 2019 (D.C. Law 23-16; D.C. Official Code § 4-651.05a(a)), is amended by adding a new paragraph (5) to read as follows:
"(5) In Fiscal Year 2024, DHCF shall provide an amount not to exceed $225,000 to the home visiting provider who was awarded the competitive grant pursuant to paragraph (1) of this subsection, to be expended for the purposes set forth in that paragraph.".
SUBTITLE F. SCHOOL-BASED BEHAVIORAL HEALTH STUDENT PEER EDUCATOR PILOT
Sec. 5051. Short title.
This subtitle may be cited as the "School-Based Behavioral Health Student Peer Educator Pilot Emergency Amendment Act of 2023".
Sec. 5052. The Early Childhood and School-based Behavioral Health Infrastructure Act of 2012, effective June 7, 2012 (D.C. Law 19-141; D.C. Official Code § 2-1517.31 et seq.), is amended as follows:
(a) Section 202 (D.C. Official Code § 2-1517.31) is amended as follows:
(1) A new paragraph (1A) is added to read as follows:
"(1A) "DC Prevention Center" means a District of Columbia neighborhood-based center that promotes healthy, drug-free living.".
(2) New paragraphs (3) and (4) are added to read as follows:
"(3) "Resilience building" means the process by which individuals become better at reframing thought patterns and tapping into a strengths-based approach to working through obstacles.
"(4) "School behavioral health coordinator" means a public or public charter school employee who coordinates behavioral health services and referrals.".
(b) A new section 204 is added to read as follows:
"Sec. 204. School-based behavioral health student peer educator pilot.
"(a) In Fiscal Year 2024, the Department of Behavioral Health ("DBH") shall award by December 31, 2023, up to 2 grants totaling $325,000 to non-governmental entities to train and supervise, in total, at least 100 high school student behavioral health peer educators ("peer educators"). Peer educators shall work in public and public charter schools as behavioral health peer educators and perform the functions identified in subsections (d) and (e) of this section.
"(b) To qualify for a grant, an applicant shall:
"(1) Submit an application that specifies:
"(A) At least 3 public and public charter school high schools, with a preference for schools identified in Cohort 1 of the DBH School Based Behavioral Health Program expansion or located in Wards 5, 7, or 8, that the applicant intends to partner with;
"(B) The maximum number of peer educators the applicant plans to recruit, train, and supervise;
"(C) The types of interventions it will train peer educators to perform; and
"(D) Target numbers for each intervention type;
"(2) Be located in the District;
"(3) Have experience providing workshops and programming to youth ages 14 to 21 on behavioral health, resiliency, and workforce readiness; and
"(4) Agree to:
"(A) Create a plan to reach at least 25% of the students, calculated by the in-seat attendance rate, at each school the applicant partners with;
"(B) Recruit, train, and supervise at least 50 peer educators to work during the 2023-2024 school year; provided, that if only one grantee is selected, the grantee shall agree to train at least 100 peer educators;
"(C) Compensate peer educators with a monthly stipend of no less than $200;
"(D) On a monthly basis, provide peer educators with training and supervision, including at least 4 hours of training or supervision in person, as follows:
"(i) At least 8 hours of behavioral health training;
"(ii) At least 2 hours of training in workforce readiness, self-advocacy and personal agency, career exploration, life skills, and financial literacy; and
"(iii) At least 4 hours of supervision;
"(E) Provide quarterly reports to DBH that shall include:
"(i) A list of public and public charter students working as peer educators;
"(ii) A list of activities and interventions performed by peer educators;
"(iii) The total number of training hours conducted with peer educators and the topics covered, including the number of peer educators who participated in each training session;
"(iv) A list of the training topics that were covered during the reporting period; and
"(v) Progress made on objectives and benchmarks identified in the grant agreement.
"(c)(1) If there is more than one grantee, DBH shall provide an additional $25,000 from the funds identified in subsection (a) of this section to one of the grantees to serve as the coordinating organization for the pilot program. If only one grantee is selected, that grantee shall perform the duties of the coordinating organization.
"(2) The coordinating grantee organization shall:
"(A) Develop and collect behavioral health training curricula for peer educator training;
"(B) Collect and share on a public dashboard or database data on peer educators' activities;
"(C) Compile and maintain a public dashboard or database of information on the public and public charter schools in the pilot program, which shall include:
"(i) The contact information and school location of clinicians and peer educators;
"(ii) Information on school services and programs; and
"(iii) A method for students and caregivers to make appointments with behavioral health staff and submit referrals for services.
"(d) Peer educators shall perform at least 3 of the following activities:
"(1) Conducting behavioral health classroom presentations and trainings;
"(2) Working with public and public charter school clinicians and staff to co-lead support groups;
"(3) Distributing paper and electronic materials on behavioral health and resilience-building topics;
"(4) Distributing paper and electronic materials to public and public charter students on school and community behavioral health services, programs, and resources; and
"(5) Conducting individual education sessions with public and public charter students on behavioral health and resilience-building topics.
"(e) Peer educators may perform the following additional activities:
"(1) Creating and leading school and community events and programs;
"(2) Creating a website that includes public and public charter school behavioral health services and resources and behavioral health educational information;
"(3) Surveying public and public charter students regarding their ability to access school and community-based behavioral health resources;
"(4) Partnering with a DC Prevention Center to increase youth access to drug prevention resources;
"(5) Partnering with governmental and non-governmental youth and adult peer support specialists; and
"(6) Any other activities or interventions that increase public and public charter school student access to school and community based behavioral health services and resources, and behavioral health information.
"(f) DBH shall provide to the grantees and peer educators the contact information, including phone number, email address, and office location, of public and public charter school clinicians and school behavioral health coordinators and connect grantees and peer educators with the clinicians and school behavioral health coordinators and with the operators of the DC Prevention Centers.".
SUBTITLE G. DEPARTMENT OF BEHAVIORAL HEALTH TARGETED OUTREACH GRANTS
Sec. 5061. Short title.
This subtitle may be cited as the "Department of Behavioral Health Targeted Outreach Grants Emergency Act of 2023".
Sec. 5062. Substance abuse and behavioral health services targeted outreach pilot.
(a) By October 31, 2023, the Department of Behavioral Health ("DBH") shall award a grant in the amount of $600,000 to a 501(c)(3) not-for-profit organization with experience in substance abuse harm reduction services to provide direct support, relationship development, and resource brokering to individuals in need of substance abuse and behavioral health services at the following locations:
(1) The vicinity of the 600 block of T Street, NW;
(2) The vicinity of the 1100-1300 blocks of Mount Olivet Road, NE; and
(3) The vicinity of the 3800-4000 blocks of Minnesota Avenue, NE.
(b) By November 30, 2024, the not-for-profit organization awarded the grant pursuant to subsection (a) of this section ("grantee") shall submit a report to DBH, which shall include the following information, broken down by location:
(1) The number of individuals or groups the grantee engaged through outreach efforts;
(2) The number of individuals the grantee connected to substance use disorder treatment programs, primary healthcare, mental health services, housing assistance, employment support, or other services;
(3) The number of overdose reversals or interventions performed by the grantee using naloxone or other overdose reversal medications;
(4) The amount of harm reduction supplies distributed by the grantee, including clean needles, syringes, naloxone kits, condoms, or other materials that reduce the risks associated with drug use; and
(5) The number of educational sessions, workshops or prevention activities delivered by the grantee to target populations.
(c) Within 30 days of receiving the report described in subsection (b) of this section, DBH shall submit the report to the Council and publicly post the report on its website.
Sec. 5063. By October 31, 2023, the Department of Behavioral Health shall award a grant in the amount of $750,000 to an organization responsible for maintaining a Main Street corridor in Ward 1 to hire 8 full-time positions to provide direct support, relationship development, and resource brokering to individuals at the following locations:
(1) Columbia Heights Civic Plaza;
(2) The intersection of Mount Pleasant Street, NW and Kenyon Street, NW;
(3) Georgia Avenue, NW, between New Hampshire Avenue, NW, and Harvard Street, NW; and
(4) U Street, NW, between 14th Street, NW, and Georgia Avenue, NW.
SUBTITLE H. DC HEALTH GRANT
Sec. 5071. Short Title.
This subtitle may be cited as the "Department of Health Grant Emergency Act of 2023".
Sec. 5072. 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 2024 the Department of Health shall issue a grant of $250,000 to Joseph's House to support its work providing comprehensive nursing and support services to homeless men and women with advanced HIV disease or terminal cancer.
SUBTITLE I. DEPARTMENT OF HUMAN SERVICES GRANT
Sec. 5081. Short Title.
This subtitle may be cited as the "Department of Human Services Grant Emergency Act of 2023".
Sec. 5082. 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 2024 the Department of Human Services shall issue a grant of $150,000 to A Wider Circle to support its work providing furniture and home goods to low-income individuals and families.
SUBTITLE J. NOT-FOR-PROFIT HOSPITAL CORPORATION AND FISCAL MANAGEMENT BOARD EXTENSION
Sec. 5091. Short title.
This subtitle may be cited as the "Not-For-Profit Hospital Corporation and Fiscal Management Board Extension Conforming Emergency Amendment Act of 2023".
Sec. 5092. The Not-for-Profit Hospital Corporation Establishment Amendment Act of 2011, effective September 14, 2011 (D.C. Law 19-21, D.C. Official Code § 44-951.01 et seq.), is amended as follows:
(a) Section 5115(m) (D.C. Official Code § 44-951.04(m)) is amended as follows:
(1) Paragraph (2) is amended to read as follows:
"(2) Voting members of the Fiscal Management Board shall include:
"(A) The Chief Financial Officer of the District of Columbia, or his or her designee, who shall serve as chair of the Fiscal Management Board;
"(B) The Deputy Mayor for Health and Human Services, or his or her designee;
"(C) One citizen member from either Ward 7 or Ward 8, appointed by the Mayor, who has experience in public health or health care delivery;
"(D) A citizen member, appointed by the Mayor, who has experience serving as the City Administrator of the District of Columbia;
"(E) An individual with expertise in hospital management or finance, appointed by the Mayor; and
"(F) One representative from each of the 2 unions, selected by each representative union, maintaining the largest collective bargaining units at United Medical Center.".
(2) Paragraph (4) is amended by striking the phrase "January 31, 2023." and inserting the phrase "September 30, 2025, the operations of the hospital have been dissolved, or such time as the Board is reinstated by an act of the Council." in its place.
(3) New paragraphs (5) and (6) are added to read as follows:
"(5) The member listed in paragraph (2)(E) of this subsection shall not be a member of the Board of the Corporation as constituted on May 1, 2021.".
"(6) In general, each voting member of the Fiscal Management Board shall:
"(A) Have experience, knowledge, and expertise in finance, management, and the organization or operation of a business or government;
"(B) Not be an individual who provides goods or services to the Corporation, or be employed by an entity that provides goods or services to the Corporation, and is not the spouse, parent, child, or sibling of an individual who provides goods and services to the Corporation; and
"(C) Maintain a primary residence or a primary place of business in the National Capital Region.".
(b) Section 5120(b) (D.C. Official Code § 44-951.09(b)) is amended as follows:
(1) Paragraph (1) is amended to read as follows:
"(1) If any of the conditions set forth in section 5115(l) has been met, the Fiscal Management Board shall meet no later than 45 days thereafter and approve an operating budget that requires a subsidy from the District no greater than $40 million in Fiscal Year 2021, and no greater than $22 million per year thereafter, that supports the following services:
"(A) An emergency department;
"(B) Behavioral health (e.g., psychiatric) services;
"(C) The inpatient, outpatient, and support services necessary to provide services pursuant to subparagraphs (A) and (B) of this paragraph; and
"(D) Any additional critical care services meeting a community need that the Fiscal Management Board deems viable within the budget and financial plan for UMC adopted by the Council.".
(2) Paragraph (3)(B) is amended by striking the word "Financial" and inserting the word "Fiscal" in its place.
(3) A new paragraph (4) is added to read as follows:
"(4)(A) By July 1, 2021, the Fiscal Management Board shall develop an operational plan for the Corporation with an implementation schedule providing for reductions in services and staffing necessary to meet the requirements set forth in paragraph (1) of this subsection through the time of dissolution of the Corporation under section 5130. The Fiscal Management Board shall make the best effort to ensure that the nonsupervisory employees will be the last staff to be impacted by reduction of staffing after supervisory and contracted staff have been impacted; provided, that any staffing plan or decisions regarding reductions in staffing made by the Fiscal Management Board shall prioritize the health and safety of patients.
"(B) The budgetary aspects of the operational plan shall be certifiable by the Chief Financial Officer, and then, no later than 15 days after the approval by the Fiscal Management Board of an operational plan pursuant to subparagraph (A) of this paragraph, the Chief Financial Officer of the District of Columbia shall certify that the operational plan will satisfy the requirements set forth in paragraph (1) of this subsection.
"(C) Beginning October 1, 2021, the Corporation shall produce quarterly financial reports subject to audit by the Chief Financial Officer measuring progress against the operational plan.
"(D) Copies of such reports shall also be filed with the Secretary of the Council of the District of Columbia.
"(E) The Fiscal Management Board shall make adjustments to the Corporation's budget and operations as necessary to maintain spending within the requirements of paragraph (1) of this subsection".
(c) Section 5130 (D.C. Official Code § 44-951.19) is amended as follows:
(1) Subsection (a) is amended by striking the phrase "By December 31, 2022," and inserting the phrase "At a date approved by the Fiscal Management Board, but no later than 30 days after the opening of the new Cedar Hill Regional Medical Center – GW Health," in its place.
(2) Subsection (b) is amended by striking the phrase "By January 31, 2023," and inserting the phrase "At a date approved by the Fiscal Management Board, but no later than 90 days after the opening of the new Cedar Hill Regional Medical Center – GW Health," in its place.
(3) Subsection (c) is amended by striking the phrase "On January 31, 2023," and inserting the phrase "On September 30, 2025," in its place.
(4) Subsection (d) is amended by striking the phrase "Fiscal Year 2023 year-end audit for the Not-for-Profit Hospital Corporation is" and inserting the phrase "Fiscal Year 2025 year-end audit and all other financial reporting and regulatory requirements for the Not-for-Profit Hospital Corporation are" in its place.
Sec. 5093. Applicability.
This subtitle shall apply as of May 19, 2021.
SUBTITLE K. DEPARTMENT OF HEALTH CARE FINANCE GRANTS
Sec. 5101. Short Title.
This subtitle may be cited as the "Department of Health Care Finance Grants Emergency Act of 2023".
Sec. 5102. 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 2024 the Department of Health Care Finance shall issue the following grants:
(1) $1 million to the Burn Center at MedStar Washington Hospital Center to renovate the facility.
(2) $2.1 million to Children's National Hospital to support providing pediatric health care services.
TITLE VI. OPERATIONS AND INFRASTRUCTURE
SUBTITLE A. ALCOHOLIC BEVERAGE AND CANNABIS BOARD MEMBER COMPENSATION
Sec. 6001. Short title.
This subtitle may be cited as the "Alcoholic Beverage and Cannabis Board Stipend Emergency Amendment Act of 2023".
Sec. 6002. Section 1108(c-1)(8) 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 § 1-611.08(c-1)(8)), is amended to read as follows:
"(8) Alcoholic Beverage and Cannabis Board members shall be entitled to:
"(A) Compensation at the hourly rate of $50 for time spent in performance of duties at meetings, not to exceed $18,000 for each member per year; and
"(B) A stipend of $250 per week for each member for their service on the board, except for the Chairperson, who shall be entitled to a stipend of $350 per week;".
SUBTITLE B. DC WATER FACILITY WORK FUND
Sec. 6011. Short title.
This subtitle may be cited as the "DC Water Facility Work Fund Emergency Amendment Act of 2023".
Sec. 6012. The Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code § 50-921.01 et seq.), is amended by adding a new section 9r to read as follows:
"Sec. 9r. 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.
"(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.".
SUBTITLE C. PUBLIC SERVICE COMMISSION COMPENSATION
Sec. 6021. Short title.
This subtitle may be cited as the "Public Service Commission Members' Compensation Emergency Amendment of 2023".
Sec. 6022. Subsection (a) of paragraph 97(a) of section 8 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen and for other purposes, approved March 4, 1913 (37 Stat. 995; D.C. Official Code § 34-801), is amended by striking the phrase "The Commissioners shall receive a salary equivalent to that received by an employee compensated at the midpoint of the E5 level pursuant to Title X-A of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective June 10, 1998 (D.C. Law 12-124; D.C. Official Code § 1-610.51 et seq.)("Title X-A"). The Chairperson shall receive a salary equivalent to 5% higher than the midpoint of the ES level pursuant to Title X-A." and inserting the phrase "The Commissioners shall receive a salary equivalent to 5% less than the maximum rate for Level II of the Senior Executive Attorney Service, pursuant to sections 853 and 858 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective April 20, 1999 (D.C. Law 12-260; D.C. Official Code §§ 1-608.53 and 1-608.58) ("Sections 853 and 858"). The Chairperson shall receive a salary equivalent to the maximum rate for Level II of the Senior Executive Attorney Service, pursuant to Sections 853 and 858." in its place.
SUBTITLE D. MOTOR VEHICLE REGISTRATION FEE
Sec. 6031. Short title.
This subtitle may be cited as the "Motor Vehicle Registration Fee Update Emergency Amendment Act of 2023".
Sec. 6032. Section 3(b)(1) 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(b)(1)), is amended as follows:
(a) The tabular array in subparagraph (A) is amended to read as follows:
Weight Class Registration Fee | |
Class I (3,499 pounds or less) | $72 |
Class II (3,500-4,999 pounds) | $175 |
Class III (5,000-5,999 pounds) | $250 |
Class IV (6,000 pounds or greater) | $500 |
Class V (A new electric vehicle, other than a motorcycle and motorized bicycle, less than 5,000 pounds.) (This provision shall only apply to the first 2 years of the vehicle's registration, after which the vehicle shall be treated as Class I or Class II, whichever is applicable.) | $36 |
Class VI (vehicles 3,500 pounds or greater that have been issued a disability license tag by the Department of Motor Vehicles pursuant to 18 DCMR § 2704, if the vehicle weight above 3,499 pounds is due to the accommodation of a disability) | $72 |
(b) Subparagraph (B) is amended by striking the phrase "an electric vehicle may subtract 1,000 pounds from its manufacturer's shipping weight" and inserting the phrase "an electric vehicle with a manufacturer's shipping weight less than 5,000 pounds may subtract 1,000 pounds from its manufacturer's shipping weight" in its place.
(c) A new subparagraph (D) is added to read as follows:
"(D) Class VI shall only apply after September 30, 2023.".
SUBTITLE E. CONGESTION PRICING STUDY UPDATE
Sec. 6041. Short title
This subtitle may be cited as the "Congestion Pricing Study Update Emergency Amendment Act of 2023".
Sec. 6042. Section 9m of the Department of Transportation Establishment Act of 2002, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 50-921.21), is amended by adding a new subsection (c) to read as follows:
"(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.".
Sec. 6043. Section 47-362 of the District of Columbia Official Code is amended by adding a new subsection (i) to read as follows:
"(i) Notwithstanding § 47-363, beginning October 1, 2023, until evidence that DDOT has executed the contract required pursuant to § 50-921.21(c)(1) is transmitted to the Council and the Chair of the Council Committee with oversight of the District Department of Transportation, the District Department of Transportation shall not make a capital reprogramming unless the Council approves the reprogramming by resolution.".
Sec. 6044. Applicability.
This subtitle shall apply as of the effective date of this act.
SUBTITLE F. SUSTAINABLE ENERGY TRUST FUND RIGHTSIZING
Sec. 6051. Short title.
This subtitle may be cited as the "Sustainable Energy Trust Fund Rightsizing Emergency Amendment Act of 2023".
Sec. 6052. Section 210 of the Clean and Affordable Energy Act of 2008, effective October 22, 2008 (D.C. Law 17-250; D.C. Official Code § 8-1774.10), is amended as follows:
(a) Subsection (b) is amended as follows:
(1) Paragraph (1) is amended as follows:
(A) Subparagraph (E) is amended by striking the phrase "fiscal year 2020 through fiscal year 2026;" and inserting the phrase "fiscal year 2020 through fiscal year 2023; and" in its place.
(B) Subparagraph (F) is amended by striking the phrase "amount of $.03762 in fiscal year 2027 through fiscal year 2031; and" and inserting the phrase "amount of $.07515 in fiscal year 2024 and each fiscal year thereafter." in its place.
(C) Subparagraph (G) is repealed.
(2) Paragraph (2) is amended as follows:
(A) Subparagraph (F) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(B) Subparagraph (G) is amended by striking the phrase "fiscal year 2022 and each year thereafter." and inserting the phrase "fiscal year 2022 and fiscal year 2023;" in its place.
(C) New subparagraphs (R), (S), (T), and (U) are added to read as follows:
"(R) The amount of $.0044001 in fiscal year 2024;
"(S) The amount of $.0049001 in fiscal year 2025;
"(T) The amount of $.0054001 in fiscal year 2026; and
"(U) The amount of $.0059001 in fiscal year 2027 and each fiscal year thereafter.".
(b) Subsection (c) is amended as follows:
(1) Paragraph (21) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(2) Paragraph (22)(E) is amended by striking the phrase "Utility." and inserting the phrase "Utility;" in its place.
(3) New paragraphs (23) and (24) are added to read as follows:
"(23) Replacement in a residential unit of all appliances or other systems, such as an oven, water heater, or heating system, that combust fossil fuels on site with appliances or other systems that perform the same function and that are powered exclusively by electricity; provided, that, in Fiscal Year 2024, up to $2 million available for use under this paragraph may be used for homes in the River Terrace and Deanwood neighborhoods in Ward 7; and
"(24) Financial and technical assistance for energy efficiency upgrades for properties converting from commercial use to residential use for which the Mayor has approved a tax abatement under D.C. Official Code § 47-860.02(a).".
SUBTITLE G. CLEAN CURBS PILOT PROGRAM
Sec. 6061. Short title.
This subtitle may be cited as the "Clean Curbs Pilot Program Emergency Act of 2023".
Sec. 6062. Clean Curbs Pilot Program.
(a) Beginning in Fiscal Year 2024, the Department of Public Works ("DPW") shall establish and administer a pilot program to provide solid waste collection services through shared containers to residential homes currently serviced by DPW via front-of-home pick up.
(b) Within 6 months after the effective date of the Clean Curbs Pilot Program Act of 2023, passed on 2nd reading on June 13, 2023 (Enrolled version of Bill 25-202), DPW shall enter into a contract with a waste-hauling service to provide the following to the locations specified in subsection (e) of this section:
(1) Rodent-resistant solid waste containers that are accessible by key or digital keypad and are of sufficient capacity to meet the solid waste storage needs of the residences that are eligible to participate in this pilot program; and
(2) Solid waste collection services 3 times per week.
(c) Solid waste collected through the pilot program shall be separated at the point of discard through the point of disposal at a transfer facility into the following categories:
(1) Trash;
(2) Glass; and
(3) All other non-glass recyclable materials required by the Mayor to be recycled.
(d) The contract shall require the waste-hauling service to provide appropriately sized containers and waste-hauling services to all participating blocks.
(e)(1) DPW shall select blocks for participation in the program based on funding availability and the assessed ability of a block to meaningfully contribute to evaluation of the pilot. DPW may select only one side of a block for participation in the pilot program pursuant to this subsection.
(2) Only blocks currently serviced by DPW via front-of-home pick up shall be eligible for participation;
(3) In order for a block or a side of a block to be selected for participation in the program, DPW must receive a signed petition containing signatures from one adult resident of no fewer than 70 percent of households serviced by DPW on the block or the side of the block eligible for participation.
(4) DPW shall continue collection service to households that did not opt into the pilot program.
(5) DPW shall cease standard collection service to households that have opted into the pilot program, for the duration of the program.
(6) Residents in participating blocks or sides of blocks shall be permitted to opt into the program at any time during the pilot program's duration, even if they were not one of the signatories of the initial petition.
(f) The Department of Transportation shall permit the necessary curbside use for the completion of this pilot program.
(g) The duration of the pilot program shall be no less than one year starting from the date of implementation.
(h) Within 6 months after the completion of the pilot program, DPW shall provide information to the Council and the Mayor that includes:
(1) The location of participating blocks and the participation rate per block;
(2) The total cost of the program, as well as a breakdown of those costs; and
(3) Survey responses from participating residents on their experience with the program.
(i) Within 6 months after the effective date of the Clean Curbs Pilot Program Act of 2023, passed on 2nd reading on June 13, 2023 (Enrolled version of Bill 25-202), DPW shall publish a database containing information that indicates which DPW-serviced homes receive front-of-home waste collection services versus alley waste collection services.
SUBTITLE H. DIGITAL DISPATCH
Sec. 6071. Short title.
This subtitle may be cited as the "For-Hire Vehicle Digital Dispatch Emergency Amendment Act of 2023".
Sec. 6072. Section 20l(b) of the Department of For-Hire Vehicles Establishment Act of 1985, effective October 22, 2012 (D.C. Law 19-184; D.C. Official Code § D.C. Code § 50-301.31(b)), is amended by adding a new paragraph (11A) to read as follows:
"(11A)(A) Every 3 months, a company that uses digital dispatch for private or public vehicles-for-hire, other than taxicabs, shall transmit to the Office of the Chief Financial Officer a congestion management fee as follows:
"(i) $.25 for each trip that originates in the District of Columbia and that occurs in a vehicle other than a zero emissions vehicle or hybrid;
"(ii) $.15 for each trip that originates in the District of Columbia in a hybrid vehicle; and
"(iii) $.10 for each trip that originates in the District of Columbia in a zero emissions vehicle.
"(B) Subparagraph (A) shall not apply to rides transporting a passenger using a personal mobility aid, such as a wheelchair or mobility scooter, or for non-emergency medical transportation arranged through a healthcare provider.
"(C) The company shall certify that the amount transmitted is consistent with the amount collected for trips arranged through digital dispatch and shall provide a breakdown of the amount by vehicle type.
"(D) For the purposes of this paragraph:
"(i) "Zero emissions vehicle" means a battery electric motor vehicle or a hydrogen fuel cell motor vehicle.
"(ii) "Hybrid vehicle" means a diesel and electric hybrid motor vehicle or a gas and electric hybrid motor vehicle.".
SUBTITLE I. K STREET TRANSITWAY FUNDING
Sec. 6081. Short title.
This subtitle may be cited as the "K Street Transitway Planning Emergency Act of 2023".
Sec. 6082. In Fiscal Year 2024, no funding, District, federal, or otherwise, shall be expended in furtherance of the K Street Transitway project (Project No. LMC02C) ("Project"), including any construction work on the Project; except, that funding may be expended for planning, as provided for in the Capital Improvement Plan.
SUBTITLE J. FOUNDRY BRANCH TROLLEY TRESTLE
Sec. 6091. Short title.
This subtitle may be cited as the "Foundry Branch Trolley Trestle Plan Emergency Act of 2023".
Sec. 6092. Council approval required before acquisition.
(a) In Fiscal Year 2024, the District shall not acquire, nor spend any funds in furtherance of acquiring, the Foundry Branch Trolley Trestle ("Trolley Trestle"), which crosses the park commonly known as Glover-Archbold Park, except as provided in subsections (b) and (c) of this section.
(b) Prior to acquiring the Trolley Trestle, the Mayor shall submit to the Council a plan for the future use of the Trolley Trestle, as well as a risk mitigation plan to accommodate the potential liability that may be incurred by the District from the time it acquires the Trolley Trestle until it is restored, repurposed, or demolished.
(c) Following submission of the plan described in subsection (b) of this section, the District may acquire the Trolley Trestle; provided, that the Council authorizes it to do so by separate act.
SUBTITLE K. PUBLIC RESTROOMS PILOT PROGRAM
Sec. 6101. Short title.
This subtitle may be cited as the "Public Restrooms Pilot Program Emergency Amendment Act of 2023".
Sec. 6102. The Public Restroom Facilities Installation and Promotion Act of 2018, effective April 11, 2019, (D.C. Law 22-280; D.C. Official Code § 10-1051 et seq.), is amended as follows:
(a) Subsection 2(4) (D.C. Official Code § 10-1051(4)) is amended by striking the phrase "by the District" and inserting the phrase "by the District or an agent of the District" in its place.
(b) A new section 4a is added to read as follows:
"Sec. 4a. Establishment of Third-Party Public Restroom Facility Pilot Program."
"(a) The Department of Public Works ("DPW") shall establish a pilot program to provide public restroom facilities by contract with a company that provides those services.
"(b) Within 30 days after October 1, 2023, the Mayor shall solicit bids from companies to provide public restroom facilities in the District.
"(c) Pursuant to the solicitation provided for in subsection (b) of this section, DPW shall enter into a contract for 12 months with a company that is able to:
"(1) Place at least 5 public restroom facilities in the District of Columbia that:
"(A) Are compliant with the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq.);
"(B) Have running water for flushing toilets and sinks, but do not require a municipal water connection;
"(C) Are portable; and
"(D) Have remote monitoring and the ability to program automated hours of operation;
"(2) Provide 24 hour per day full maintenance and service for each public restroom facility; and
"(3) Collect data and provide reports to DPW at least monthly on:
"(A) Public restroom facility usage by date and time;
"(B) Incidents of misuse or vandalism;
"(C) How facilities were accessed;
"(D) Cleanliness; and
"(E) User experience.
"(d) The 5 public restroom facilities should initially be placed
"(1) Within 500 feet of the following locations:
"(A) Dupont Circle;
"(B) Columbia Heights Civic Plaza; and
"(C) The intersection at H Street and 8th Street, NE; and
"(2) Within the boundaries of:
"(A) Oxon Run Park; and
"(B) The Downtown DC Business Improvement District.
"(e) The Director of DPW may change the location of a public restroom facility placed pursuant to subsection (d) of this section at his or her discretion.
"(f) 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.), may issue rules to implement the provisions of this section.
"(g) Within 1 month after the completion of the pilot program, DPW shall provide information to the Council and the Mayor that includes:
"(1) Total cost of the program, and a breakdown of those costs;
"(2) Monthly facility usage rates for each facility;
"(3) Data related to how customers accessed the facilities;
"(4) Any incidents of misuse or vandalism; and
"(5) Data related to user experience.".
(c) Section 5 is revived as of October 1, 2023, and amended to read as follows:
"Sec. 5. Applicability.
"(a) Sections 3(d), (e), (f), and (g) and 4 of this act shall apply upon the date of inclusion of their fiscal effect in an approved budget and financial plan.
"(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.
"(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
"(2) The date of publication of the notice of the certification shall not affect the applicability of this act.".
SUBTITLE L. GREATER U STREET PERFORMANCE PARKING ZONE
Sec. 6111. Short title.
This subtitle may be cited as the "Greater U Street Performance Parking Zone Emergency Amendment Act of 2023".
Sec. 6112. The Performance Parking Pilot Zone Act of 2008, effective November 25, 2008 (D.C. Law 17-279; D.C. Official Code § 50-2531 et seq.), is amended as follows:
(a) Section 2a (D.C. Official Code § 50-2531.01) is revived as of October 1, 2023, and amended to read as follows:
"Sec. 2a. Performance Parking Program Fund.
"(a) There is established as a nonlapsing fund the Performance Parking Program Fund ("Fund"), which shall be administered by the Director of the District Department of Transportation in accordance with subsections (b) and (c) of this section.
"(b) All parking-meter revenue collected within the Greater U Street Performance Parking Zone established by section 8a that exceeds baseline revenue from metered spaces within the zone as of October 1, 2023, as determined by the Director of the Department of Transportation, shall be deposited in the Fund.
"(c) Money in the Fund shall be used for the following purposes:
"(1) Up to 60% shall be used to repay the cost of procurement and maintenance of new meters and related signage for the pilot program in the Greater U Street Performance Parking Zone;
"(2) Once the cost of meter procurement is paid in full for the Greater U Street Performance Parking Zone, up to 5% shall be used to pay for meter maintenance and related signage in that zone; and
"(3) The remaining balance shall be used solely for the following purposes within and immediately adjacent to the Greater U Street Performance Parking Zone:
"(A) Place management initiatives;
"(B) Public space maintenance;
"(C) Public safety initiatives;
"(D) Transportation safety and public space improvements; and,
"(E) Support for businesses."
"(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.".
(b) A new section 8a is added to read as follows:
"Sec. 8a. Greater U Street Performance Parking Pilot Zone.
"(a)(1) The Greater U Street Performance Parking Zone ("zone") is designated as the area bounded by: S Street, NW, from the intersection of Florida Avenue, NW and 4th Street, NW, to 14th Street, NW; 14th Street, NW, from S Street, NW, to U Street, NW; U Street, NW, from 14th Street, NW, to 17th Street, NW; 17th Street, NW, from U Street, NW, to Florida Avenue, NW; Florida Avenue, NW, from 17th Street, NW, to W Street, NW; W Street, NW, from the intersection of Florida Avenue, NW and 16th Street, NW, to the intersection of Florida Avenue, NW and 15th Street, NW; Florida Avenue, NW, from 15th Street, NW, to Barry Place, NW; Barry Place, NW, from Florida Avenue, NW, to Georgia Avenue, NW; Georgia Avenue, NW, from Barry Place, NW, to Florida Avenue, NW; Florida Avenue, NW, from Georgia Avenue, NW, to S Street, NW.
"(2) The zone includes both sides of all boundary streets.
"(3) The Mayor may alter the boundaries of the zone; provided, that the Council and the affected Advisory Neighborhood Commissions ("ANC") are provided with 30 days' written notice, excluding Saturdays, Sundays, and legal holidays, of the Mayor's intent to do so, and any ANC recommendation, if provided, is given great weight pursuant to section 13 of the Advisory Neighborhood Commissions Act, effective March 26, 1976 (D.C. Law 1-58; D.C. Official Code § 1-309.10).
"(b) Pursuant to section 2, the Mayor shall adjust fees to manage curbside availability, dissuade repeat parking violations, and manage congestion during peak nightlife hours.
"(c) The Mayor may establish metered or pay-by-phone parking for residential parking permit spaces within the zone.
"(d) Within the first 30 days of the implementation of the zone, the Mayor may issue warning citations for curbside parking violations related to the pilot program in the zone.".
Sec. 6113. Section 3(h)(1) 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)), is amended by striking the phrase "and the DC Circulator Fund, in accordance with section 11c of the Department of Transportation Establishment Act of 2002, effective March 6, 2007 (D.C. Law 16-225; D.C. Official Code § 50-921.33)" and inserting the phrase "the DC Circulator Fund, in accordance with section 11c of the Department of Transportation Establishment Act of 2002, effective March 6, 2007 (D.C. Law 16-225; D.C. Official Code § 50-921.33), and the Performance Parking Program Fund, in accordance with Section 2a of the Performance Parking Pilot Zone Act of 2008, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 50-2531.01)" in its place.
SUBTITLE M. SAFE ROUTES TO SCHOOL ACTION PLAN CLARIFICATION
Sec. 6121. Short title.
This subtitle may be cited as the "Safe Routes to School Action Plan Clarification Emergency Amendment Act of 2023".
Sec. 6122. The School Proximity Traffic Calming Act of 2000, effective May 23, 2000 (D.C. Law 13-111; D.C. Official Code § 38-3101 et seq.), is amended as follows:
(a) Section 2(1)(B) (D.C. Official Code § 38-3101(1)(B)) is amended by striking the phrase "by DDOT" and inserting the phrase "by DDOT, as well as barriers or restrictions to implementation of traffic safety infrastructure identified by DDOT" in its place.
(b) Section 2e (D.C. Official Code § 38-3106) is amended by adding new subsections (d) and (e) to read as follows:
"(d) Any barriers preventing implementation or installation of certain traffic safety infrastructure identified in an Action Plan shall not waive the obligation of the implementation or installation of remaining traffic safety infrastructure identified in the Action Plan.
"(e) For Action Plans finalized before October 1, 2023, if any new barriers preventing implementation or installation of certain traffic safety infrastructure are identified after the Action Plan is finalized, DDOT shall, within 60 days after identifying the new barrier, transmit to the Council and post on the DDOT website a description of the newly identified barrier.".
Sec. 6123. Section 4 of the Safe Streets for Students Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-285; 70 DCR 998), is amended as follows:
(a) Subsection (a) is amended by striking the phrase "This act shall apply upon the date of inclusion of its" and inserting the phrase "Amendatory sections 2a, 2b, 2c, 2d(5), 2g, 2h, 2i(b)(2) and (3), and 2j(a) of the School Proximity Traffic Calming Act of 2000, effective May 23, 2000 (D.C. Law 13-111; D.C. Official Code § 38-3101 et seq.), in section 2(b) shall apply upon the date of inclusion of their" in its place.
(b) Subsection (b) is amended by striking the word "its" and inserting the word "the" in its place.
SUBTITLE N. MARION BARRY AVENUE REVITALIZATION AND BEAUTIFICATION
Sec. 6131. Short title.
This subtitle may be cited as the "Marion Barry Avenue Revitalization and Beautification Emergency Act of 2023".
Sec. 6132. (a) When using available allotment in capital project SR098C-Ward 8 Streetscapes, the District Department of Transportation shall prioritize the revitalization and beautification of Marion Barry Avenue, SE, between Anacostia Drive, SE, and Alabama Avenue, SE.
(b) Revitalization and beautification efforts may include the installation of new streetlights, traffic signals, curbs, sidewalks, tree boxes, and other streetscape improvements.
SUBTITLE O. VESSEL TITLING FEES AND TAXES
Sec. 6141. Short title.
This subtitle may be cited as the "Vessel Titling Fees and Taxes Emergency Amendment Act of 2023".
Sec. 6142. The Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; D.C. Official Code § 50-1541.01 et seq.), is amended by adding a new section 25a to read as follows:
"Sec. 25a. Vessel title fees.
"(a)(1) Effective January 1, 2016, the Harbor Master shall charge a fee of $2.00 to issue a certificate of title, a duplicate title, a corrected certificate of title, or a transfer of title for a vessel.
"(2) The Mayor may adjust the amount of the fee charged pursuant to paragraph (1) of this subsection by a rule issued pursuant to
"(b)(1) Effective January 1, 2016, the Harbor Master shall collect a title tax on the issuance of every original certificate of title for a vessel, and on the issuance of every subsequent certificate of title following the sale, resale, or transfer of a vessel, at a rate of 6% of the gross sales price of the vessel or, if no sale immediately precedes the application for a certificate of title, the fair market value of the vessel for which a certificate of title is applied for and issued.
"(2) The Mayor may establish a new tax rate in lieu of the amount established by paragraph (1) of this subsection by a rule issued pursuant to
Sec. 6143. Applicability.
This subtitle shall apply as of January 1, 2016.
TITLE VII. FINANCE AND REVENUE
SUBTITLE A. RULE 736 REPEALS
Sec. 7001. Short title.
This subtitle may be cited as the "Rule 736 Repeals Emergency Amendment Act of 2023".
Sec. 7002. The Public School Health Services Amendment Act of 2017, effective February 17, 2018 (D.C. Law 22-61; 65 DCR 127), is repealed.
Sec. 7003. Section 3 of the Opioid Overdose Treatment and Prevention Omnibus Amendment Act of 2020, effective March 16, 2021 (D.C. Law 23-182; 68 DCR 8), is repealed.
Sec. 7004. Section 201 of the Performance Parking and RPP Exclusion Amendment Act of 2020, effective March 15, 2021 (D.C. Law 23-230; 68 DCR 1122), is repealed.
SUBTITLE B. BALLPARK FUND EXCESS REVENUE
Sec. 7011. Short title.
This subtitle may be cited as the "Use of Excess Ballpark Fund Revenue Emergency Amendment Act of 2023".
Sec. 7012. Section 102(d) of the Ballpark Omnibus Financing and Revenue Act of 2004, effective April 8, 2005 (D.C. Law 15-320; D.C. Official Code § 10-1601.02(d)), is amended by striking the phrase "in which it accrues" and inserting the phrase "in which it accrues; provided further, that the first $20 million of any excess that accrues during Fiscal Year 2023, the first $22 million of any excess that accrues during Fiscal Year 2024, and the first $20 million of any excess that accrues during each of Fiscal Years 2025, 2026, and 2027 shall be deposited in the unrestricted fund balance of the General Fund during the fiscal year in which it accrues" in its place.
Sec. 7013. Applicability.
This subtitle shall apply as of September 1, 2023.
SUBTITLE C. DEDICATED REVENUE ADJUSTMENTS
Sec. 7021. Short title.
This subtitle may be cited as the "Dedicated Revenue Adjustments Emergency Amendment Act of 2023".
Sec. 7022. Sports Wagering Revenue Dedication.
(a) Title III of the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia, effective May 3, 2019 (D.C. Law 22-312; D.C. Official Code § 36-621.01 et seq.), is amended as follows:
(1) Section 311(a)(3) (D.C. Official Code § 36-621.11(a)(3)) is repealed.
(2) Section 315(c) (D.C. Official Code § 36-621.15(c)) is repealed.
(b) Section 11d of the Day Care Policy Act of 1979, effective March 19, 2020 (D.C. Law 23-68; D.C. Official Code § 4-410.04), is repealed.
(c) Section 103(b)(1) of the Neighborhood Engagement Achieves Results Amendment Act of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2413(b)(1)), is repealed.
Sec. 7023. ATE Revenue Dedication.
(a) Section 9q(b) of the Department of Transportation Establishment Act of 2002, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 50-921.25(b)), is amended to read as follows:
"(b) There shall be deposited in the Fund revenue from fines generated from the automated traffic enforcement system, authorized by section 901 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01), in excess of the following threshholds:
"(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, $227,341,000.".
(b) Section 905 of the Fiscal Year 1997 Budget Support Act of 1996, effective December 3, 2020 (D.C. Law 23-149; D.C. Official Code § 50-2209.05), is amended as follows:
(1) The existing text is designated as subsection (a).
(2) A new subsection (b) is added to read as follows:
"(b) The Chief Financial Officer ("CFO") shall submit to the Mayor and Council monthly reports that:
"(1) State the amount of actual revenue deposited in the Fund established by section 9q of the Department of Transportation Establishment Act of 2002, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 50-921.25), for the fiscal year to-date;
"(2) State the CFO's current projections regarding revenue from fines generated from the automated traffic enforcement system, including whether revenue is projected to exceed the certified revenue included in the Fiscal Year 2024 budget and financial plan; and
"(3) Describe the methodology employed by the CFO to project revenue from fines generated from the automated traffic enforcement system.".
Sec. 7024. Commission on the Arts and Humanities Revenue Dedication.
Title 47 of the District of Columbia Official Code is amended as follows:
(a) Section 47-2002(d) is amended as follows:
(1) The existing text is designated as paragraph (1).
(2) The newly designated paragraph (1) is amended by striking the phrase "5% of the sales tax revenue" and inserting the phrase "For fiscal years ending before October 1, 2023, 5% of the sales tax revenue" in its place.
(3) New paragraphs (2) and (3) are added to read as follows:
"(2) For fiscal years beginning after September 30, 2023, and before October 1, 2027, there shall be dedicated to the Arts and Humanities Fund, from the sales tax revenue collected at the rate provided by the lead-in language of subsection (a) of this section, the lesser of:
"(A) 5% of the sales tax revenue collected at the rate provided by the lead-in language of subsection (a) of this section that is not dedicated to legislatively proposed or existing tax increment financing districts or pledged to the benefit of holders of District bonds or notes existing on or before October 30, 2018; or
"(B) An amount equal to 102% of the amount dedicated to the Arts and Humanities Fund in the prior fiscal year pursuant to this subsection.
"(3) For fiscal years beginning after September 30, 2027, 5% of the sales tax revenue collected at the rate provided by the lead-in language of subsection (a) of this section that is not dedicated to legislatively proposed or existing tax increment financing districts or pledged to the benefit of holders of District bonds or notes existing on or before October 30, 2018, shall be dedicated to the Arts and Humanities Fund.".
(b) Section 47-2202(b) is amended as follows:
(1) The existing text is designated as paragraph (1).
(2) The newly designated paragraph (1) is amended by striking the phrase "5% of the use tax revenue" and inserting the phrase "For fiscal years beginning before October 1, 2023, 5% of the use tax revenue" in its place.
(3) New paragraphs (2) and (3) are added to read as follows:
"(2) For fiscal years beginning after September 30, 2023, and ending before October 1, 2027, there shall be dedicated to the Arts and Humanities Fund, from the use tax revenue collected at the rate provided by the lead-in language of subsection (a) of this section, the lesser of:
"(A) 5% of the use tax revenue collected at the rate provided by the lead-in language of subsection (a) of this section that is not dedicated to legislatively proposed or existing tax increment financing districts or pledged to the benefit of holders of District bonds or notes existing on or before October 30, 2018; or
"(B) An amount equal to 102% of the amount dedicated to the Arts and Humanities Fund in the prior fiscal year pursuant to this subsection.
"(3) For fiscal years beginning after September 30, 2027, 5% of the use tax revenue collected at the rate provided by the lead-in language of subsection (a) of this section that is not dedicated to legislatively proposed or existing tax increment financing districts or pledged to the benefit of holders of District bonds or notes existing on or before October 30, 2018, shall be dedicated to the Arts and Humanities Fund.".
Sec. 7025. WMATA Revenue Dedication.
Chapter 20 of Title 47 of the District of Columbia Official Code is amended as follows:
(a) The table of contents is amended by striking the phrase "47-2002.07. Revenue from tax on gross receipts from sale of or charges for service of parking or storing vehicles of trailers dedicated to WMATA operating subsidy." and inserting the phrase "47-2002.07. Revenue from tax on gross receipts from sale of or charges for service of parking or storing vehicles or trailers dedicated to WMATA operating subsidy." in its place.
(b) Section 47-2002.07 of the District of Columbia Official Code is amended as follows:
(1) The heading is amended by striking the phrase "parking or storing vehicles of trailers" and inserting the phrase "parking or storing vehicles or trailers" in its place.
(2) The existing text is designated as subsection (a) and is amended as follows:
(A) Strike the phrase "All of the revenue" and insert the phrase "For fiscal years beginning after September 30, 2017, and ending before October 1, 2023, all of the revenue" in its place.
(B) Strike the phrase "§ 47-2002(1)" and inserting the phrase "§ 47-2002(a)(1)" in its place.
(3) New subsections (b) and (c) are added to read as follows:
"(b) For fiscal years beginning after September 30, 2023, and ending before October 1, 2027, from the revenue described in subsection (a) of this section there shall be dedicated annually to paying the District's annual operating subsidies to WMATA the lesser of:
"(1) All of such revenue; or
"(2) An amount equal to 102% of the amount dedicated pursuant to this subsection from such revenue in the prior fiscal year to paying the District's annual operating subsidies to WMATA.
"(c) For fiscal years beginning after September 30, 2027, all of the revenue described in subsection (a) of this section shall be dedicated annually to paying the District's annual operating subsidies to WMATA.".
Sec. 7026. Early Childhood Educator Pay Equity Fund Dedication.
Section 5102(b) of the Early Childhood Educator Pay Equity Fund Establishment Act of 2021, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 1-325.431(b)), is amended as follows:
(a) Paragraph (3) is amended by striking the phrase "$73,883,680 in local funds" and inserting the phrase "$69,508,332 in local funds" in its place.
(b) Paragraph (4) is amended by striking the phrase "$74,878,268 in local funds" and inserting the phrase "$70,502,920 in local funds" in its place.
Sec. 7027. District-wide PAVEDC-Local Street Paving Project.
(a) Section 47-362(f)(2) of the District of Columbia Official Code is amended to read as follows:
"(2) At the end of a fiscal year, any excess shall be transferred to the District Department of Transportation's District-wide PAVEDC-Local Street Paving Project, established to maintain, repair, or replace the District's local streets.".
(b) The Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code § 50-921.01 et seq.), is amended as follows:
(1) Section 11h(4) (D.C. Official Code § 50-921.51(4)) is repealed.
(2) Section 11j(a) (D.C. Official Code § 50-921.53(a)) is amended by striking the phrase "and then equally among the Local Streets Ward-based capital projects" and inserting the phrase "and then to the District-wide PAVEDC-Local Street Paving Project" in its place.
SUBTITLE D. FISCAL STABILIZATION RESERVE
Sec. 7031. Short title.
This subtitle may be cited as the "Fiscal Stabilization Reserve Emergency Amendment Act of 2023".
Sec. 7032. Section 47-392.02(j-1)(2) of the District of Columbia Official Code is amended as follows:
(a) Subparagraph (B) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(b) Subparagraph (C) is amended by striking the period at the end and inserting the phrase "; and" in its place.
(c) A new subparagraph (D) is added to read as follows:
"(D) Funding for locally appropriated expenditures in Fiscal Year 2023.".
Sec. 7033. Applicability.
This subtitle shall apply as of the effective date of the Fiscal Year 2023 Revised Local Budget Adjustment Emergency Act of 2023, passed on emergency basis on May 30, 2023 (Enrolled version of Bill 25-205).
SUBTITLE E. DESIGNATED FUND TRANSFERS
Sec. 7041. Short title.
This subtitle may be cited as the "Designated Fund Transfer Emergency Act of 2023".
Sec. 7042. (a) Notwithstanding any provision of law limiting the use of funds in the accounts listed in the following chart, the Chief Financial Officer shall convert to local revenue in Fiscal Year 2024 the following amounts that otherwise would have been deposited into the following funds:
FY 2024 Transfers | ||
---|---|---|
Agency Code | Fund | Sum of LBA Transfers |
AT0 | 0601-HEALTH BENEFIT FEES | (77,548) |
0602-PAYROLL SERVICE FEES | (6,024) | |
0603-SERVICE CONTRACTS | (15,183) | |
0605-DISHONORED CHECK FEES | (4,260) | |
0619-DC LOTTERY REIMBURSEMENT | (40,899) | |
6115-OFT CENTRAL COLLECTION UNIT (CCU) O TYPE | (26,768) | |
BA0 | 1243-DISTRIBUTION FEES | (100,000) |
BE0 | 0639-AGREEMENT WITH INDEPENDENT AGENCIES | (3,412) |
CF0 | 0618-WAGE THEFT | (20,567) |
CU0 | 6050-EXPEDITED BUILDING PERMIT REVIEW PROGRAM | (47,547) |
EB0 | 0632-AWC & NCRC DEVELOPMENT (ED SPECIAL ACCT) | (29,027) |
6603-ST ELIZABETH EAST CAMPUS REDEVELOPMENT | (300,000) | |
FL0 | 0600-CORRECTIONS TRUSTEE REIMBURSEMENT | (264,243) |
GD0 | 6007-SITE EVALUATION | (6,732) |
HA0 | 0602-ENTERPRISE FUND ACCOUNT | (946,135) |
HC0 | 0605-SHPDA FEES | (40,377) |
0606-VITAL RECORDS REVENUE | (60,946) | |
0633-RADIATION PROTECTION | (4,801) | |
0655-SHPDA ADMISSION FEE | (10,081) | |
0656-EMS FEES | (3,453) | |
KA0 | 6901-DDOT ENTERPRISE FUND-NON TAX REVENUES | (43,117) |
KG0 | 6201-ECONOMY II | (1) |
6400-DC MUNICIPAL AGGREGATION PROGRAM | (2,219) | |
6700-SUSTAINABLE ENERGY TRUST FUND | (84,172) | |
6800-ENERGY ASSISTANCE TRUST FUND | (3) | |
KV0 | 6000-GENERAL "O" TYPE REVENUE SOURCES | (6,311) |
LQ0 | 0110-DEDICATED TAXES | (200,000) |
PO0 | 4010-DC SURPLUS PERSONAL PROPERTY SALES OPER. | (33,098) |
RJ0 | 0640-SUBROGATION FUND | (7,486) |
SR0 | 2100-HMO ASSESSMENT | (25,141) |
2200-INSURANCE ASSESSMENT | (186,145) | |
2300-SECURITIES BROKER/DEALER LICENSES | (276,439) | |
2800-CAPTIVE INSURANCE | (64,991) | |
TO0 | 0602-DC NET SERVICES SUPPORT | (69,250) |
1200-SERV US PROGRAM | (95) | |
Grand Total | (3,006,471) |
(b) Notwithstanding any provision of law limiting the use of funds in the accounts listed in the following chart, the Chief Financial Officer shall convert to local revenue in Fiscal Year 2025 the following amounts that would have otherwise been deposited into the following fund:
FY 2025 Transfers | ||
---|---|---|
Agency Code | Fund | Fund Transfer |
KG0 | 6700-SUSTAINABLE ENERGY TRUST FUND | (3,742,000.00) |
TOTAL | (3,742,000.00) |
(c) The amounts identified in subsections (a) and (b) of this section shall be made available as set forth in the approved Fiscal Year 2024 Budget and Financial Plan.
SUBTITLE F. NEW HOWARD UNIVERSITY HOSPITAL TAX ABATEMENT
Sec. 7051. Short title.
This subtitle may be cited as the "New Howard University Hospital Tax Abatement Emergency Amendment Act of 2023".
Sec. 7052. Section 47-4673 of the District of Columbia Official Code is amended as follows:
(a) Subsection (a) is amended as follows:
(1) Paragraph (4) is amended by striking the phrase "New Hospital Operator" and inserting the phrase "New Hospital Developer" in its place.
(2) Paragraph (9) is amended by striking the phrase "Square 3072, and Lot 73" and inserting the phrase "Square 3072, Lots 26 and 30 in Square 3078, and Lot 73" in its place.
(b) Subsection (d) is amended as follows:
(1) Paragraph (1)(A) is amended to read as follows:
"(A) The earlier of October 1, 2024, or the opening of the New Hospital; and".
(2) Paragraph (3) is amended by striking the phrase "tax year 2048" and inserting the phrase "tax year 2050" in its place.
(c) Subsection (e)(4) is amended by striking the phrase "by October 1, 2026, and operate" and inserting the phrase "by October 1, 2028, and the New Hospital Operator shall operate" in its place.
(d) Subsection (f) is amended by adding a new paragraph (1A) to read as follows:
"(1A) The District shall provide funding to support the operations of the New Hospital to Howard University. The District shall provide $5 million in each fiscal year from Fiscal Year 2028 through Fiscal Year 2032, totaling $25 million.".
SUBTITLE G. DEDICATED TAX ADJUSTMENT
Sec. 7061. Short title.
This subtitle may be cited as the "Alcoholic Beverage and Cannabis Administration Dedicated Tax Adjustment Emergency Amendment Act of 2023".
Sec. 7062. Section 47-2002(b) of the District of Columbia Official Code is amended by striking the figure "$1,170,000" and inserting the figure "$1,070,000" in its place.
SUBTITLE H. EVENTS DC
Sec. 7071. Short title.
This subtitle may be cited as the "Events DC Grantmaking Emergency Act of 2023".
Sec. 7072. National Cherry Blossom Festival fundraising.
(a) There is established a matching grant program to support the 2024 National Cherry Blossom Festival ("Program"), which shall be administered by the Washington Convention and Sports Authority ("Events DC"). Under the Program, a matching grant shall be awarded to a nonprofit organization that organizes and produces an event or events as part of the official, month-long National Cherry Blossom Festival ("Festival") at a rate of $2 for every dollar that the organization has raised in corporate donations by April 30, 2024; except, that the total matching grant shall not exceed $1 million.
(b) In Fiscal Year 2024, of the funds allocated to the Non-Departmental Account, $1 million 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 the Festival.
Sec. 7073. Washington Nationals Youth Baseball Academy.
(a) Events DC shall administer a grant to the Washington Nationals Youth Baseball Academy for grounds improvements at its location in Ward 7.
(b) In Fiscal Year 2024, of the funds allocated to the Non-Departmental Account, $2 million 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 the Washington Nationals Youth Baseball Academy.
Sec. 7074. District history grant.
(a) There is established a grant program to support historical research, which shall be administered by the Washington Convention and Sports Authority ("Events DC"). Under the Program, a grant shall be awarded to a nonprofit organization occupying space in the Carnegie Library building that is engaged in collecting, interpreting, and sharing the history of the District.
(b) In Fiscal Year 2024, of the funds allocated to the Non-Departmental Account, $300,000 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 historical education and research.
Sec. 7075. The lead-in language of section 204(m) of the Washington Convention Center Authority Act of 1994, effective September 28, 1994 (D.C. Law 10-188; D.C. Official Code § 10-1202.04(m)), is amended by striking the phrase "or 2023" and inserting the phrase "2023, or 2024" in its place.
SUBTITLE I. SUBJECT TO APPROPRIATION PROVISIONS
Sec. 7081. Short title.
This subtitle may be cited as the "Subject to Appropriation Repeals and Modifications Emergency Amendment Act of 2023".
Sec. 7082. Section 3 of the Cashless Retailers Prohibition Amendment Act of 2020, effective March 16, 2021 (D.C. Law 23-187; 68 DCR 1031), is repealed.
Sec. 7083. Section 3 of the Clean Hands Certification Equity Amendment Act of 2022, effective September 21, 2022 (D.C. Law 24-174; 69 DCR 9906), is repealed.
Sec. 7084. Section 3 of the Local Resident Voting Rights Amendment Act of 2022, effective February 23, 2023 (D.C. Law 24-242; 69 DCR 14601), is repealed.
Sec. 7085. Section 4 of the Period Equity Righting an Injustice of District Residents (PERIOD) Act of 2022, effective February 23, 2023 (D.C. Law 24-250; 69 DCR 15101), is amended to read as follows:
"Sec. 4. Applicability.
"(a)(1) Except as provided in subsection (b) of this section, this act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.
"(2) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.
"(3)(A) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
"(B) The date of publication of the notice of the certification shall not affect the applicability date of this act.
"(b) This act shall apply with respect to public restrooms managed or maintained by the District of Columbia Public Library as of October 1, 2023.".
Sec. 7086. Section 3 of the Condominium Warranty Claims Clarification Amendment Act of 2022, effective February 23, 2023 (D.C. Law 24-262; 69 DCR 15105), is repealed.
Sec. 7087. Section 3 of the Automatic Voter Registration Expansion Amendment Act of 2022, effective February 23, 2023 (D.C. Law 24-265; 70 DCR 198), is repealed.
Sec. 7088. (a) Section 301 of the Second Chance Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-284; 70 DCR 913), is amended to read as follows:
"Sec. 301. Applicability.
"This act shall apply as of January 1, 2026.".
(b) Chapter 8 of Title 16 of the District of Columbia Official Code is amended as follows:
(1) Section 16-802(b) is amended by striking the date "January 1, 2025" and inserting the date "October 1, 2029" in its place.
(2) Section 16-805(c) is amended as follows:
(A) Paragraph (1)(A) is amended striking the date "January 1, 2027" and inserting the date "October 1, 2029" in its place.
(B) Paragraph (2) is amended striking the date "January 1, 2027" and inserting the date "October 1, 2029" in its place.
Sec. 7089. Section 3 of the Elimination of Discrimination Against Women Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-303; 70 DCR 585), is repealed.
Sec. 7090. Section 401(a) of the Domestic Worker Employment Rights Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-305; 70 DCR 902), is amended as follows:
(a) Paragraph (1) is amended by striking the phrase "shall apply upon the date of the inclusion of their fiscal affect in an approved budget and financial plan" and inserting the phrase "shall apply as of October 1, 2023" in its place.
(b) Paragraph (2) is amended by striking the phrase "shall apply 120 calendar days after the date of inclusion of their fiscal effect in an approved budget and financial plan" and inserting the phrase "shall apply as of January 29, 2024" in its place.
Sec. 7091. Section 4 of the Greener Government Buildings Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-306; 70 DCR 658), is repealed.
Sec. 7092. Section 5 of the Preserving Our Kids' Equity Through Trusts and Fostering Stable Housing Opportunities Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-309, 70 DCR 662), is repealed.
Sec. 7093. Section 301 of the High Need Healthcare Career Scholarship and Health Professional Loan Repayment Program Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-313; 70 DCR 600), is repealed.
Sec. 7094. Section 4 of the Educator Background Check Streamlining Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-317, 70 DCR 851), is repealed.
Sec. 7095. Section 3 of the Automated Traffic Enforcement System Revenue Designation Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-321; 70 DCR 615), is repealed.
Sec. 7096. Section 6 of the Office of District Waterways Management Establishment Act of 2022, effective March 22, 2023 (D.C. Law 24-336; 70 DCR 1623), is repealed.
Sec. 7097. Section 301(a)(1) of the Comprehensive Policing and Justice Reform Amendment Act of 2022, effective April 21, 2023 (D.C. Law 24-345; 70 DCR 953), is amended by striking the phrase "Sections 105, 125, 134, and 135, amendatory section 4c in section 138, and section 139 shall apply" and inserting the phrase "Sections 105, 134, and 135 shall apply" in its place.
Sec. 7098. Section 5 of the Street Vendor Advancement Amendment Act of 2023, enacted on May 4, 2023 (D.C. Act 25-94; 70 DCR 6762), is repealed.
SUBTITLE J. REVISED REVENUE
Sec. 7101. Short title.
This subtitle may be cited as the "Revised Revenue Funding Emergency Act of 2023".
Sec. 7102. (a) To the extent that Fiscal Year 2023 local revenues certified in the September 2023 quarterly revenue estimates exceed the local revenue estimate of the Chief Financial Officer dated February 28, 2023, excess local funds shall be allocated and expended pursuant to the Appropriation of Additional Resources section of the Fiscal Year 2024 Local Budget Act of 2023, passed on 2nd reading on May 30, 2023 (Enrolled version of Bill 25-203), and this section.
(b) The first $39,612,000 of one-time funds shall be allocated to the Department of Human Services to be spent as follows:
(1) To provide, from January 1, 2024, until September 30, 2024, a temporary locally funded minimum benefit to each household participating in SNAP, in addition to any locally funded minimum benefit that a household may receive under section 5084(a) of the Food Stamp Expansion Act of 2009, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code § 4-261.04(a)), not to exceed 10% of the household's federal maximum monthly allotment; and
(2) Up to $300,000 may be used to update information technology systems supporting the provision of food assistance benefits; and
(c)(1) After giving effect to subsection (b) of this section, the next $20,000,000 of one-time funds shall be allocated to the Convention Center Transfer to provide cash assistance to District residents who are excluded workers pursuant to section 203a of the Washington Convention Center Authority Act of 1994, effective December 3, 2020 (D.C. Law 23-149; D.C. Official Code § 10-1202.03a).
(2) During Fiscal Year 2024, the Washington Convention and Sports Authority shall publish, maintain, and update monthly a notice on its website stating the amount of funds it has received and expended pursuant to this section.
Sec. 7103. In the September 2023 revenue estimate, the Chief Financial Officer shall certify:
(1) Whether, and by what amount, local Fiscal Year 2023 revenues included in the revenue estimate exceed the annual revenue estimate incorporated in the approved budget and financial plan for Fiscal Year 2023;
(2) Whether such excess revenues are in an amount sufficient to meet, in whole or in part, the requirements of section 7102; and
(3) That all such excess revenues have been set aside and allocated according to the provisions of section 7102.
Sec. 7104. Applicability.
This subtitle shall apply as of September 1, 2023.
TITLE VIII. TECHNICAL AMENDMENTS
Sec. 8001. Short title.
This subtitle may be cited as the "Technical Amendments Emergency Amendment Act of 2023".
Sec. 8002. (a) Amendatory section 108(d)(1)(B) of the Urban Forest Preservation Act of 2002, effective June 12, 2003 (D.C. Law 14-309; D.C. Official Code § 8-651.08(d)(1)(B)), in section 2(g)(2) of the Urban Forest Preservation Authority Amendment Act of 2022, effective August 16, 2022 (D.C. Law 24-152; 69 DCR 7730), is amended by striking the phrase "effective date of this act." and inserting the phrase "effective date of the Urban Forest Preservation Authority Amendment Act of 2022, effective August 16, 2022 (D.C. Law 24-152; 69 DCR 7730)." in its place.
(b) Amendatory section 204(11) of the Office of Human Rights Establishment Act of 1999, effective October 20, 1999 (D.C. Law 13-38; D.C. Official Code § 2-1411.03(11)), in section 3(c)(3) of the Human Rights Enhancement Amendment Act of 2022, effective September 21, 2022 (D.C. Law 24-172; 69 DCR 9218), is amended by striking the phrase "this act" and inserting the phrase "subtitle A of title II of this act" in its place.
(c) Section 5081(2) of the Food Stamp Expansion Act of 2009, effective March 3, 2010 (D.C. Law 18-111; D.C. Official Code § 4-261.01(2)), is repealed.
(d) The lead-in language of section 1022a of the Department of General Services Establishment Act of 2011, effective March 10, 2023 (D.C. Law 24-306; D.C. Official Code § 10-551.01a), is amended by striking the word "section" and inserting the word "subtitle" in its place.
(e) The Comprehensive Policing and Justice Reform Amendment Act of 2022, effective April 21, 2023 (D.C. Law 24-345; 70 DCR 953), is amended as follows:
(1) Amendatory section 3004(d)(1) of the Body-Worn Camera Regulation and Reporting Requirements Act of 2015, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 5-116.33(d)(1)), in section 103(c) is amended by striking the phrase "reasonable opportunity view" and inserting the phrase "reasonable opportunity to view" in its place.
(2) Amendatory section 3900.10(c)(1) of Title 24 of the District of Columbia Municipal Regulations (24 DCMR § 3900.10(c)(1)) in section 104(a)(2), is amended by striking the phrase "reasonable opportunity view" and inserting the phrase "reasonable opportunity to view" in its place.
(3) Section 128(c)(2) (D.C. Official Code § 5-365.02) is amended by striking the phrase "deadly use of force" and inserting the phrase "use of deadly force" in its place.
(f) Section 3 of the Local Solar Expansion Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-314; 70 DCR 606), is amended by striking the phrase "subsection (a) of this section;" and inserting the phrase "section 4;" in its place.
(g) Title 47 of the District of Columbia Official Code is amended as follows:
(1) Section 47-1887.16A is redesignated as section 47-2887.16a and amended by striking the phrase "§ 47-1887.16A. Rules." and inserting the phrase "§ 47-2887.16a. Rules." in its place.
(2) Section 47-2887.10(h) is amended by striking the phrase "term "communicates or attempts" to communicate" means" and inserting the phrase "term "communicates or attempts to communicate" means" in its place.
(3) Section 47-2844(c)(4)(B) is amended by striking the word "creditment" and inserting the phrase "credit men" in its place.
(4) Section 47-4675(a) is amended by striking the number "241" and inserting the number "341" in its place.
(h) Section 903(a)(9) 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 § 1-609.03(a)(9)), is amended by striking the phrase "and Criminal Code Revision Commission" and inserting the word "Commission" in its place.
(i) Section 3122(c)(2) of the Criminal Code Reform Commission Establishment Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 3-151(c)(2)), is repealed.
(j) Section 904.1(f)(9) of Title 6-B of the District of Columbia Municipal Regulations (6-B DCMR § 904.1(f)(9)), is amended to read as follows:
"(9) No more than eleven (11) positions, the occupants of which shall be appointed by the District of Columbia Sentencing Commission;".
TITLE IX. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE
Sec. 9001. Applicability.
Except as otherwise provided, this act shall apply as of October 1, 2023.
Sec. 9002. 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. 9003. 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)).