2018 District of Columbia Code
Title 50 - Motor and Non-Motor Vehicles and Traffic.
Chapter 9A - Department of Transportation.
Subchapter I - General.
§ 50–921.02. Director.

(a) The DDOT shall be headed by a Director. The Director shall be appointed by the Mayor with the advice and consent of the Council pursuant to § 1-523.01(a).

(b) The Director shall have authority over DDOT, its functions and personnel, including the power to re-delegate to employees authority as, in the judgment of the Director, is warranted in the interests of efficiency and sound administration.

(c)(1) The Director may issue grants not to exceed $1 million per grant to achieve the District’s transportation goals, including safety objectives.

(2) No later than December 31 of each year, the Mayor shall submit to the Council an annual report specifying for each grant awarded by the District Department of Transportation in the prior fiscal year the following information:

(A) The name of the recipient;

(B) The amount awarded;

(C) The purpose for the grant awarded;

(D) A description of outcomes to be achieved with the funds of the grant; and

(E) An evaluation of whether the identified outcomes have been achieved with the grant.

(3) Notwithstanding paragraph (1) of this subsection, the Director may issue sole source subgrants in excess of $1 million to the Union Station Redevelopment Corporation for the purpose of improving Union Station; provided, that the grants are federal grants and that the Union Station Redevelopment Corporation provides any necessary match.

(d)(1) The Director may enter into agreements with community-based organizations to support community-based transportation enhancement activities that are funded and approved by the Federal Highway Administration.

(2) An agreement made pursuant to this subsection shall constitute an agreement making or receiving grants-in-aid and shall be exempt from Chapter 3A of Title 2, in accordance with § 2-351.05(c)(12).

(3) The Director shall submit to the Council on an annual basis a report detailing such grants and agreements.

(e)(1) The Director shall not spend directly from capital projects created in fiscal year 2012 or later that are funded through the District of Columbia Highway Trust Fund established under § 9-111.01, or from Master local transportation capital projects designated by the Director as Master local transportation capital projects in Fiscal Year 2018 or later.

(2) The Director may submit requests to the Office of Budget and Planning of the Office of the Chief Financial Officer (“OBP”) to allocate funds for the Related Projects, as submitted annually by DDOT through the approved Transportation Improvement Program as part of the budget request for each capital project created in fiscal year 2012 or later funded from the District of Columbia Highway Trust Fund. The Director may also submit requests to OBP to allocate funds for the Related Projects of each Master local transportation capital project created in Fiscal Year 2018 or later. The Director, following allocation of funds by OBP to Related Projects, shall have the authority to obligate and spend the funds.

(3) The Director may submit requests to OBP to re-allocate funds from any Related Project to the applicable capital project created in Fiscal Year 2012 or later funded from the District of Columbia Highway Trust Fund. The Director may also submit requests to OBP to re-allocate funds from any Related Project to the applicable Master local transportation capital project created in Fiscal Year 2018 or later. The Director, following re-allocation of funds by OBP from a Related Project to its applicable capital project, shall have the authority to submit requests to OBP to allocate these funds to another Related Project.

(4)(A) The Director may submit requests to OBP to re-allocate any available fund balances in associated projects to the applicable Master local transportation capital project created in Fiscal Year 2018 or later, in order to align the associated projects with the Master local transportation capital projects.

(B) For the purposes of this paragraph, the term "associated projects" means Related Projects created before Fiscal Year 2018 with current fund balances for which there will not be out-year appropriations or requests for appropriations.

(C) This paragraph shall expire on January 31, 2019.

(5) The CFO shall submit to the Mayor and the Council a quarterly summary of all allocations and re-allocations requested pursuant to this subsection, including a description of whether OBP allocated the requested funds.

(f)(1) The Director may:

(A) With respect to the program established pursuant to 49 U.S.C. § 5310 (the “5310 Program”):

(i) Enter into agreements with nonprofit organizations to provide those nonprofit organizations vehicles to transport elderly residents and residents with disabilities;

(ii) Provide an application for the 5310 Program each year, solicit applicants to apply, and administer a selection process to identify which eligible applicants may participate;

(iii) Enter into agreements with the nonprofit organizations that are selected to receive vehicles to ensure they use the vehicles as prescribed by the 5310 Program guidelines and regulations enacted pursuant to this paragraph, including the requirement that the vehicle recipient deposit matching funds into the District Department of Transportation Enterprise Fund for Transportation Initiatives; and

(iv) Enter into contracts with third parties for the procurement and maintenance of eligible vehicles to be used by the nonprofit organizations selected by the Director;

(B) Enter into an agreement with a developer, property owner, utility company, the federal government or other governmental entity, or other person or entity requiring payment for:

(i) The costs of DDOT’s review of the proposed or existing project on private property or public space that may affect the transportation infrastructure or public space in the District or DDOT’s ability to manage and maintain the transportation infrastructure or public space in the District;

(ii) The implementation of transportation infrastructure or public improvements or mitigation measures to address the project’s impact on the transportation infrastructure or public space in the District or on DDOT’s ability to manage and maintain the transportation infrastructure or public space in the District; or

(iii) The cost of both review and the implementation of mitigation measures; and

(C) Promulgate, amend, or repeal rules to implement the provisions of this subsection, pursuant to the Mayor’s authority under Chapter 5 of Title 2 [§  2-501 et seq.].

(2) A payment, improvement, and mitigation measure required under an agreement authorized by paragraph (1)(B) of this subsection shall be reasonably related to:

(A) The costs incurred by DDOT in reviewing the project;

(B) The effects of the project on the transportation infrastructure or public space in the District; and

(C) The effects of the project on DDOT’s ability to manage and maintain the transportation infrastructure or public space in the District.

(3) A payment made pursuant to an agreement authorized by paragraph (1)(B) of this subsection shall be in addition to, and not in lieu of, a payment required for the temporary use of public space or the use of the public right of way pursuant to the District of Columbia Public Space Rental Act, approved October 17, 1968 (82 Stat. 1156; D.C. Official Code § 10-1101.01 et seq.), or Title VI of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 10-1141.01 et seq.).

(g)(1) The Director may enter into agreements with jurisdictions in the Washington metropolitan area (“regional jurisdictions”) to plan, fund, design, construct, and otherwise carry out transportation projects.

(2) DDOT may receive funds from and disperse funds to regional jurisdictions for the purposes of planning, funding, designing, constructing, and otherwise carrying out the transportation projects.

(3) DDOT may take other appropriate actions to plan, fund, design, construct, and otherwise carry out the transportation projects, including performing work, including construction work, in regional jurisdictions.

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

This section is referenced in § 50-921.13.

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

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

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

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

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

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

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

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

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

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

The 2015 amendment by D.C. Law 21-36 substituted “for the Related Projects, as submitted annually by DDOT through the approved Transportation Improvement Program as part of the budget request for each capital project” for “for the Related Projects of each capital project” in (e)(2).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“(3) Notwithstanding paragraph (1) of this subsection, the Director may issue sole source subgrants in excess of $1 million to the Union Station Redevelopment Corporation for the purpose of improving Union Station; provided, that the grants are federal grants and that the Union Station Redevelopment Corporation provides any necessary match.”

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

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

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

“(1) Provide an application for the 5310 Program each year, solicit applicants to apply, and administer a selection process to identify which eligible applicants may participate in the 5310 Program;

“(2) Enter into agreements with the nonprofit organizations that are selected to receive vehicles to ensure they use the vehicles as prescribed by the 5310 Program guidelines and regulations enacted pursuant to this subsection, including the requirement that the vehicle recipient deposit matching funds into the District Department of Transportation Enterprise Fund for Transportation Initiatives;

“(3) Enter into contracts with third parties for the procurement and maintenance of eligible vehicles to be used by the nonprofit organizations selected by the Director; and

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

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

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

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

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

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

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