D.C. Act 21-415. Fiscal Year 2016 Second Revised Budget Request Emergency Adjustment Act of 2016.
AN ACT
To adjust, on an emergency basis, certain allocations requested in the Fiscal Year 2016 Budget Request Act of 2015 pursuant to the Omnibus Appropriations Act, 2009.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Fiscal Year 2016 Second Revised Budget Request Emergency Adjustment Act of 2016".
Sec. 2. Pursuant to section 817 of the Omnibus Appropriations Act, 2009, approved March 13, 2009 (123 Stat. 699; D.C. Official Code § 47-369.02), the Fiscal Year 2016 budgets for the following agencies shall be adjusted by the following amounts:
TITLE II. DISTRICT OF COLUMBIA FUNDS—SUMMARY OF EXPENSES
$39,971,000 is removed from local funds; and $3,000,000 is increased in other funds; to be allocated as follows:
Governmental Direction and Support
The appropriation for Governmental Direction and Support is increased by $25,000 in local funds; to be allocated as follows:
(1) Office of the Secretary. – $25,000 is added to be available in local funds.
Economic Development and Regulation
The appropriation for Economic Development and Regulation is decreased by $35,000 in local funds and increased by $3,000,000 in other funds; to be allocated as follows:
(1) Department of Employment Services. – ($100,000) is removed from local funds;
(2) Office of the Deputy Mayor for Planning and Economic Development. – $3,000,000 is added to be available in other funds; provided, that this amount shall be available for the Walter Reed Redevelopment Fund established by section 7 of the Walter Reed Development Omnibus Act of 2016, effective May 18, 2016 (D.C. Law 21-119; 63 DCR 4678);
(3) Office of Planning. – ($110,000) is removed from local funds; and
(4) Office of Zoning. – $175,000 is added to be available in local funds.
Public Safety and Justice
The appropriation for Public Safety and Justice is decreased by $1,650,000 in local funds; to be allocated as follows:
(1) Metropolitan Police Department. – ($1,100,000) is removed from local funds;
(2) Fire and Emergency Medical Services Department. – ($375,000) is removed from local funds;
(3) Criminal Justice Coordinating Council. – ($75,000) is removed from local funds; and
(4) Department of Forensic Sciences. – ($100,000) is removed from local funds.
Public Education System
The appropriation for the Public Education System is decreased by $768,000 in local funds; to be allocated as follows:
(1) Office of the State Superintendent of Education. – $144,000 is added to be available in local funds; provided, that of the total amount budgeted for the Office, $2,300,000 shall be transferred from Nutrition Services (program D500/D501, index LD500, PCA LF501, object 0506) to Professional Development Assistance (program D800/D805, index LD800, PCA LF805, object 0409);
(2) District of Columbia Public Library. – $88,000 is added to be available in local funds;
(3) Special Education Transportation. – ($1,000,000) is removed from local funds;
(4) District of Columbia Public Schools. – all funds deposited, without regard to fiscal year, into assigned local fund balance from the settlement in United States ex rel. Mills v. Compass Group North America et al., 2013 CAB SLD 004624, are authorized for expenditure and shall remain available for expenditure until September 30, 2016; provided further, that the District of Columbia Public Schools ("DCPS") is authorized to spend appropriated funds to pay for DCPS-sponsored student travel, including the cost of transportation, lodging, meals, and admission fees for students and adult chaperones, to locations and venues outside DCPS facilities in accordance with rules promulgated by the Chancellor pursuant to section 105(c)(5) of the District of Columbia Public Education Reform Amendment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-174(c)(5)); provided, that such travel be related to the students' curriculum or for the purpose of rewarding student curricular or extra-curricular achievement; and
(5) District of Columbia Public Charter Schools. - there shall be appropriated to the District of Columbia public charter schools on July 1, 2016 an amount equal to 35% or, for new charter school Local Education Agencies that opened for operations for the first time after December 31, 2015 an amount equal to 45%, of the total amount of the local funds appropriation request provided for payments to public charter schools in the proposed budget of the District of Columbia for Fiscal Year 2017 (as submitted to Congress), and the amount of such payment shall be chargeable against the final amount provided for such payments in Fiscal Year 2017.
Human Support Services
The appropriation for Human Support Services is decreased by $7,200,000 in local funds; to be allocated as follows:
(1) Department of Youth Rehabilitation Services. – ($5,000,000) is removed from local funds;
(2) Unemployment Compensation Fund. – ($1,000,000) is removed from local funds;
(3) Child and Family Services Agency. – ($350,000) is removed from local funds;
(4) Department of Health Care Finance. – ($200,000) is removed from local funds; and
(5) Department of Parks and Recreation. – ($650,000) is removed from local funds.
Public Works
The appropriation for Public Works is decreased by $8,900,000 in local funds; to be allocated as follows:
(1) Washington Metropolitan Area Transit Authority. – ($8,900,000) is removed from local funds.
Financing and Other
The appropriation for Financing and Other is decreased by $21,443,000 in local funds; to be allocated as follows:
(1) Repayment of Loans and Interest. – ($30,134,000) is removed from local funds;
(2) Settlements and Judgments. – $12,000,000 is added to be available in local funds;
(3) Emergency and Contingency Reserve Funds. – $65,591,000 is added to be available in local funds;
(4) District Retiree Health Contribution. – ($66,400,000) is removed from local funds; and
(5) Repayment of Interest on Short-Term Borrowings. – ($2,500,000) is removed from local funds.
Sec. 3. Remaining Fiscal Year 2016 unexpended revenue of $92,658,000 shall be carried over into Fiscal Year 2017 as fund balance and shall be available as set forth in the approved Fiscal Year 2017 Budget and Financial Plan.
Sec. 4. Of the Fiscal Year 2016 local funds included in the budget of the District of Columbia Housing Authority, $15,000,000 shall be deposited in the DCHA Rehabilitation and Maintenance Fund established by the Fiscal Year 2017 Budget Support Emergency Act of 2016.
Sec. 5. Section 105(c)(5) of the District of Columbia Public Education Reform Amendment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-174(c)(5)), is amended by striking the semicolon and inserting the phrase ", including rules and regulations governing the use of DCPS funds for DCPS-sponsored student travel, including the cost of transportation, lodging, meals, and admission fees for students and adult chaperones, to locations and venues outside DCPS facilities; provided, that such travel be related to the students' curriculum or for the purpose of rewarding student curricular or extra-curricular achievement;" in its place.
Sec. 6. Capital project rescissions.
In Fiscal Year 2016, the Chief Financial Officer shall rescind capital project allotments as set forth in the following tabular array, with the savings to be used in accordance with the Fiscal Year 2017 Local Budget Act of 2016:
Sec. 7. Designated fund transfers.
(a) Notwithstanding any provision of law limiting the use of funds in the accounts listed in the following chart, the Chief Financial Officer shall transfer in Fiscal Year 2016 the following amounts from certified fund balances in the identified accounts to the General Fund of the District of Columbia:
| Designated Fund Balance - Overview | |||
|---|---|---|---|
| Agency Code | Fund No. | Fund Name | Amount |
| Budget Support Act: | |||
| AE0 | Pay for Success Contract Fund | $2,699,287 | |
| Total | $2,699,287 | ||
| Budget Reserves: | |||
| EN0 | Micro Loan/Small Business Capital Access Fund | $228,362 | |
| EN0 | Streetscape Loan Relief Fund | $1,584,297 | |
| Total | $1,812,659 | ||
| Dedicated Taxes: | |||
| HT0 | 0111 | Healthy DC Fund | $6,908,762 |
| HT0 | 0112 | Stevie Sellows Quality of Care Improvement Fund | $165,764 |
| LQ0 | 0110 | Dedicated Taxes | $881,555 |
| Total | $7,956,081 | ||
| Purpose Restrictions and Other Special Purposes: | |||
| AT0 | 0606 | Recorder of Deeds Surcharge | $3,000,000 |
| AT0 | 6115 | OFT Central Collection Unit Fund | $1,600,000 |
| AT0 | 0602 | Payroll Service Fees | $11,198 |
| BE0 | 0639 | Agreement with Independent Agencies | $34,682 |
| CJ0 | 0600 | Special Purpose Revenue | $15,332 |
| CR0 | 6030 | Green Building Fund | $1,689,850 |
| CR0 | 6013 | Basic Business License Fund | $268,332 |
| CR0 | 6020 | Board of Engineers Fund | $697,203 |
| CR0 | 6040 | Corporate Recordation Fund | $1,182,879 |
| CR0 | 6045 | Vending Regulations Fund | $1,284,622 |
| CR0 | 6010 | OPLA - Special Account | $26,999 |
| CR0 | 6006 | Nuisance Abatement | $44,862 |
| CR0 | 6009 | Real Estate Appraisal Fee | $30,564 |
| CI0 | 0600 | Cable Franchise Fees | $7,113,314 |
| EB0 | 0630 | Fund from NEDCO and EDFC | $562,550 |
| EB0 | 0419 | H St Retail Priority Area Grant Fund | $3,272,213 |
| HC0 | 0632 | Pharmacy Protection | $2,100,000 |
| HC0 | 0644 | Spay and Neutering Fund | $7,215 |
| HC0 | 0661 | ICF/MR Fees and Fines | $154,086 |
| HC0 | 0606 | Vital Records Revenues | $2,500,000 |
| HC0 | 0605 | SHPDA Fees | $200,000 |
| HC0 | 0643 | Board of Medicine | $600,000 |
| HT0 | 0631 | Medicaid Collections - 3rd Party Liability | $314,173 |
| JA0 | 0603 | SSI Payback | $1,000,000 |
| KA0 | 6901 | DDOT Enterprise Fund - Non Tax Revenues | $3,000,000 |
| SR0 | 2911 | Foreclosure Mediation Fund (Temporary) | $340,500 |
| TO0 | 0602 | DC Net Service Support | $4,800,000 |
| Total | $35,850,574 | ||
| TOTAL | $48,318,601 |
(b) The total amount identified in subsection (a) of this section shall be made available as set forth in the approved Fiscal Year 2017 Budget and Financial Plan.
(c) In Fiscal Year 2016, the Chief Financial Officer shall transfer the entire fund balance of the GD0 – Credit Enhancement, Geneva Funds account to fund 0610, the Charter School Credit Enhancement Fund, within the Office of the State Superintendent of Education.
Sec. 8. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 9. 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)).
