Chapter 3A. Rail Advisory Board.

§ 35–331. Definitions.

For the purposes of this chapter, the term:

(1) "Board" means the Railroad Advisory Board established by § 35-332.

(2) "Federal railroad safety laws" shall have the same meaning as provided in § 8-151.01(5B).

(3) "Railroad carrier" shall have the same meaning as provided in § 8-151.01(11C).

(Apr. 7, 2017, D.C. Law 21-254, § 201, 64 DCR 2028.)

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the creation of this section by D.C. Law 21-254 has been implemented.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the creation of this section by § 201 of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.

§ 35–332. Rail Advisory Board.

(a) There is hereby established the Rail Advisory Board.

(b) The Board shall be composed of 9 members, appointed as follows:

(1) One member from a railroad carrier authorized to operate in the District of Columbia, appointed by the Mayor.

(2) Two labor representatives, appointed by the Mayor.

(3) One community representative appointed by the Chairperson of the Council committee with oversight over the Homeland Security and Emergency Management Agency.

(4) One community representative appointed by the Chairperson of the Council committee with oversight over the Department of Energy and Environment.

(5) The Director of the Homeland Security and Emergency Management Agency or the Director's designee,

(6) The Chief of the Fire and Emergency Medical Services Department or the Chief's designee;

(7) The Director of the District Department of Transportation or the Director's designee; and

(8) Director of the Department of Energy and Environment or the Director's designee.

(c)(1) The members of the Board appointed under subsections (b)(1) and (2) of this section shall serve 4-year terms.

(2) The members of the Board appointed under subsections (b)(3) and (4) of this section shall serve 3-year terms.

(d) The Board shall elect, by a majority vote, one of its member to serve as chairperson of the Board. The chairperson shall be elected at the Board's first meeting and biannually thereafter.

(e) The Board shall elect, by a majority vote, one of its members to serve as vice-chairperson of the Board. The vice-chairperson shall be elected at the Board's first meeting and biannually thereafter.

(f) Vacancies shall be filled in the same manner as the initial appointment. A member appointed to fill a vacancy shall serve for the remainder of the unexpired term.

(g) The Board shall meet, at a minimum, on a quarterly basis, at times to be determined by the Board at the Board's first meeting.

(Apr. 7, 2017, D.C. Law 21-254, § 202, 64 DCR 2028.)

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the creation of this section by D.C. Law 21-254 has been implemented.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the creation of this section by § 202 of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.

§ 35–333. Functions and operations of the Board.

(a) The purpose of the Board shall be to serve as the advisory body to the Mayor, the Council, the District Department of Transportation, the Homeland Security Emergency Management Agency, and the Department of Energy and Environment on matters pertaining to investigation and surveillance of federal railroad safety laws.

(b) The Board shall:

(1) Develop policy and recommendations on the allocation of District funding, railroad enhancements, development initiatives, rail safety, homeland security, and community relations programs;

(2) Identify and develop projects and policies that mitigate the environmental impact of railroad operation and enhance the availability and utilization of railroad transportation in the District;

(3) At the request of the Mayor, the Council, the Director of the District Department of Transportation, the Director of the Homeland Security Emergency Management Agency, or the Director of the Department of Energy and Environment, advise on any other matters pertaining to railroad transportation in the District; and

(4) At least once per year, submit recommendations to the Mayor regarding rules that have been or should be adopted pursuant to pursuant to § 8-151.10(c).

(c) Members of the Board shall receive no compensation, but shall be reimbursed for their actual and necessary expenses incurred in connection with their official duties. Staff support for the Board shall be provided by the District Department of Transportation with supplemental support from the Department of Energy and Environment.

(Apr. 7, 2017, D.C. Law 21-254, § 203, 64 DCR 2028; Nov. 13, 2021, D.C. Law 24-45, § 6163, 68 DCR 010163.)

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the creation of this section by D.C. Law 21-254 has been implemented.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the creation of this section by § 203 of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6163 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.