D.C. Act 22-316. Dedicated Funding for the Washington Metropolitan Area Transit Authority Emergency Act of 2018.

AN ACT

To establish, on an emergency basis, the WMATA Dedicated Funding Fund into which shall be deposited the District's portion of the dedicated funding commitment to the Washington Metropolitan Area Transit Authority.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Dedicated Funding for the Washington Metropolitan Area Transit Authority Emergency Act of 2018".

Sec. 2. (a) There is established as a special fund the WMATA Dedicated Funding Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (c) of this section.

(b) There shall be deposited into the Fund general retail sales tax revenue collected pursuant to Chapter 20 of Title 47 of District of Columbia Official Code as follows:

(1) In Fiscal Year 2019---$178.5 million;

(2) In Fiscal Year 2020---$178.5 million; and

(3) In Fiscal Year 2021, and each successive year through Fiscal Year 2059---$178.5 million.

(c)(1) Money in the Fund in Fiscal Year 2019 shall be used as a source of funding to make the District's payment to the Washington Metropolitan Area Transit Authority ("WMATA") through agency KE0 as shown in the Fiscal Year 2019 Budget and Financial Plan.

(2)(A) Pursuant to a grant agreement between the District and WMATA, and subject to section 3, starting in Fiscal Year 2020, money in the Fund shall be distributed to WMATA by the Mayor as a grant for the purposes of WMATA capital improvements.

(B) The grant agreement shall require that payment to WMATA be made in 2 equal installments in a fiscal year, the first of which shall be made on October 1 and the second of which shall be made on April 1, and include such other terms and conditions as the Mayor considers necessary and appropriate.

(d)(1) The money deposited into the Fund shall not revert to the unrestricted 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.

Sec. 3. Applicability.

Section 2(c)(2) shall apply upon enactment of legislation by the State of Maryland (or jurisdictions thereof) providing for new dedicated capital funding for WMATA of at least $167 million annually starting in its fiscal year 2020, and enactment of legislation by the Commonwealth of Virginia (or jurisdictions thereof) providing for new dedicated capital funding for WMATA of at least $154.5 million annually starting in its fiscal year 2020, and shall remain applicable only during those fiscal years that both Maryland and Virginia (or jurisdictions thereof) have such legislation in effect and provide the dedicated capital funding to WMATA as set forth in this section.

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director 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. 5. 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)).