D.C. Act 24-437. Fiscal Year 2022 Second Revised Local Budget Adjustment Emergency Act of 2022.

AN ACT

To adjust, on an emergency basis, certain allocations in the Fiscal Year 2022 Local Budget Act of 2021 to maintain a balanced budget for the fiscal year ending September 30, 2022.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Fiscal Year 2022 Second Revised Local Budget Adjustment Emergency Act of 2022".

Sec. 2. The appropriations set forth in the Fiscal Year 2022 Local Budget Act of 2021, effective November 3, 2021 (D.C. Law 24-43; 68 DCR 9702), as increased by the Fiscal Year 2022 Revised Local Budget Adjustment Emergency Act of 2022, effective April 25, 2022 (D.C. Act 24-388; 69 DCR 4049), and the Fiscal Year 2022 Revised Local Budget Adjustment Temporary Act of 2022, enacted on May 23, 2022 (D.C. Act 24-434; 69 DCR 6258), are increased by $46,891,711 (including $124,440,514 added to local funds, ($13,824,000) rescinded from dedicated taxes, ($15,961,965) rescinded from federal payments for COVID relief, $45,947,535 added to special purpose revenue funds, and ($93,710,373) rescinded from enterprise funds), to be allocated as follows:

Governmental Direction and Support

The appropriation for Governmental Direction and Support is decreased by ($5,582,131) (including ($4,268,680) rescinded from local funds, ($270,000) rescinded from federal payments for COVID relief, and ($1,043,451) rescinded from special purpose revenue funds), to be allocated as follows:

(1) Board of Elections. $14,000 is added to local funds;

(2) Captive Insurance Agency. $748,960 is added to local funds;

(3) Contract Appeals Board. ($30,520) is rescinded from local funds;

(4) Council of the District of Columbia. ($120,000) is rescinded from local funds;

(5) Department of General Services. ($456,401) is rescinded (including ($179,648) rescinded from local funds and ($276,753) rescinded from special purpose revenue funds);

(6) Department of Human Resources. ($40,000) is rescinded from local funds;

(7) Employees' Compensation Fund. ($3,517,308) is rescinded from local funds;

(8) Office of Advisory Neighborhood Commissions. ($1,490) is rescinded from local funds);

(9) Office of Campaign Finance. ($3,500,000) is rescinded from local funds;

(10) Office of the Chief Financial Officer. $4,252,268 is added (including $5,018,966 added to local funds and ($766,698) rescinded from special purpose revenue funds);

(11) Office of the Chief Technology Officer. $37,380 is added (including $227,380 added to local funds and ($190,000) rescinded from federal payments for COVID relief);

(12) Office of the City Administrator. ($1,209,139) is rescinded (including ($1,129,139) rescinded from local funds and ($80,000) rescinded from federal payments for COVID relief);

(13) Office of the District of Columbia Auditor. ($700,000) is rescinded from local funds;

(14) Office of the Inspector General. ($562,256) is rescinded from local funds;

(15) Public Employee Relations Board. ($5,188) is rescinded from local funds; and

(16) Tax Revision Commission. ($492,437) is rescinded from local funds.

Economic Development and Regulation

The appropriation for Economic Development and Regulation is increased by $24,469,071 (including $22,999,071 added to local funds, and $1,470,000 added to federal payments for COVID relief), to be allocated as follows:

(1) Business Improvement Districts Transfer. $300,000 is added to local funds;

(2) Department of Housing and Community Development. $2,821,000 is added (including $821,000 added to local funds and $2,000,000 added to federal payments for COVID relief);

(3) Housing Authority Subsidy. $59,784 is added to local funds; provided, that of the funds provided in Fiscal Year 2022 for 20 Targeted Affordable Housing vouchers for LGBTQ seniors, any funds remaining after expenditure for that purpose may be used for Targeted Affordable Housing vouchers for any LGBTQ residents identified by the Office of LGBTQ Affairs;

(4) Office of Planning. ($20,000) is rescinded from local funds;

(5) Office of the Deputy Mayor for Planning and Economic Development. $21,838,287 is added to local funds; and

(6) Office of the Tenant Advocate. ($530,000) is rescinded from federal payments for COVID relief.

Public Safety and Justice

The appropriation for Public Safety and Justice is increased by $7,452,389 (including $8,582,389 added to local funds and ($1,130,000) rescinded from federal payments for COVID relief), to be allocated as follows:

(1) Criminal Code Reform Commission. ($10,000) is rescinded from local funds;

(2) Department of Forensic Sciences. $692,000 is added to local funds;

(3) Department of Youth Rehabilitation Services. ($70,000) is rescinded from local funds;

(4) District of Columbia National Guard. ($100,000) is rescinded from local funds;

(5) Fire and Emergency Medical Services Department. $995,000 is added to local funds;

(6) Homeland Security and Emergency Management Agency. $4,000,000 is added to local funds;

(7) Metropolitan Police Department. $4,600,000 is added to local funds;

(8) Office of Administrative Hearings. ($500,000) is rescinded from local funds;

(9) Office of Human Rights. ($629,611) is rescinded from local funds.

(10) Office of Neighborhood Safety and Engagement. ($1,565,000) is rescinded (including ($520,000) rescinded from local funds and ($1,045,000) rescinded from federal payments for COVID relief);

(11) Office of Police Complaints. ($75,000) is rescinded from local funds;

(12) Office of the Chief Medical Examiner. $300,000 is added to local funds; and

(13) Office of Victim Services and Justice Grants. ($185,000) is rescinded (including ($100,000) rescinded from local funds and ($85,000) rescinded from federal payments for COVID relief).

Public Education System

The appropriation for Public Education System is decreased by ($27,405,689) (including ($19,555,026 rescinded from local funds, ($580,000) rescinded from dedicated taxes, and ($7,270,663) rescinded from federal payments for COVID relief), to be allocated as follows:

(1) Department of Employment Services. ($3,763,705) is rescinded (including ($508,705 rescinded from local funds and ($3,255,000) rescinded from federal payments for COVID relief);

(2) Department of Parks and Recreation. $5,365,500 is added to local funds;

(3) District of Columbia Public Charter Schools. ($10,500,000) is rescinded from local funds;

(4) District of Columbia Public Library. ($952,440) is rescinded from local funds;

(5) District of Columbia State Athletics Commission. ($80,000) is rescinded from local funds;

(6) Non-Public Tuition. ($180,000) is rescinded from local funds;

(7) Office of the Deputy Mayor for Education. ($4,005,663) is rescinded (including ($190,000) rescinded from local funds and ($3,815,663) rescinded from federal payments for COVID relief);

(8) Office of the State Superintendent of Education. ($8,564,134) is rescinded (including ($7,784,134) rescinded from local funds, ($580,000) rescinded from dedicated taxes and ($200,000) rescinded from federal payments for COVID relief);

(9) Special Education Transportation. ($4,686,247) is rescinded from local funds; and

(10) State Board of Education. ($30,000) is rescinded from local funds.

Human Support Services

The appropriation for Human Support Services is increased by $26,659,721 (including ($36,940,042 added to local funds and ($10,280,321) rescinded from federal payment funds for COVID relief), to be allocated as follows:

(1) Child and Family Services Agency. ($943,843) is rescinded from local funds;

(2) Department of Behavioral Health. ($150,000) is rescinded from local funds;

(3) Department of Health Care Finance. $49,299,505 is added to local funds;

(4) Department of Human Services. ($19,251,460) is rescinded (including ($8,971,139) rescinded from local funds and ($10,280,321) from federal payment funds for COVID relief);

(5) Department on Disability Services. ($1,548,480) is rescinded from local funds;

(6) Office of the Deputy Mayor for Health and Human Services. ($175,000) is rescinded from local funds; and

(7) Office of the Ombudsperson for Children. ($571,001) is rescinded from local funds.

Operations and Infrastructure

The appropriation for Operations and Infrastructure is decreased by ($14,460,622) (including $424,543 added to local funds, ($13,244,000) rescinded from dedicated taxes, ($230,000) rescinded from federal payments for COVID relief, and ($1,411,165) rescinded from special purpose revenue funds), to be allocated as follows:

(1) Alcoholic Beverage Regulation Administration. ($40,000) is rescinded from dedicated taxes;

(2) Department of Consumer and Regulatory Affairs ($8,313,019) is rescinded from local funds;

(3) Department of Energy and Environment. ($730,000) is rescinded (including ($500,000) rescinded from local funds and ($230,000) rescinded from federal payments for COVID relief);

(4) Department of For-Hire Vehicles. $4,659,702 is added to local funds;

(5) Department of Insurance, Securities and Banking. ($1,098,035) is rescinded (including ($159,140) rescinded from local funds and ($938,895) rescinded from special purpose revenue funds);

(6) Department of Motor Vehicles. ($450,000) is rescinded from local funds;

(7) Department of Public Works. $7,392,000 is added to local funds;

(8) Department of Transportation. ($2,205,000) is rescinded from local funds;

(9) Public Service Commission. ($472,270) is rescinded from special purpose funds; and

(10) Washington Metropolitan Area Transit Authority. ($13,204,000) is rescinded from dedicated taxes.

Financing and Other

The appropriation for Financing and Other is increased by $125,595,345 (including $79,318,175 added to local funds ($2,124,981) rescinded from federal payment funds for COVID relief, and $48,402,151 added to special purpose revenue funds), to be allocated as follows:

(1) District Retiree Health Contribution. $2,700,000 is added to local funds;

(2) Non-Departmental Account. $17,512,405 is added (including $19,637,386 added to local funds and ($2,124,981) rescinded from federal payment funds for COVID relief);

(3) Pay-As-You-Go Capital Fund. $48,102,151 is added (including ($300,000) rescinded from local funds and $48,402,151 added to special purpose revenue);

(4) Settlements and Judgements. ($4,000,000) is rescinded from local funds; and

(5) Workforce Investments Account. $61,280,789 is added to local funds.

Enterprise and Other Funds

The appropriation for Enterprise and Other Funds is decreased by ($89,836,373) (including $3,874,000 added to federal payments for COVID relief and ($93,710,373) rescinded from enterprise funds), to be allocated as follows:

(1) Health Benefit Exchange Authority. $3,874,000 is added to federal payments for COVID relief; and

(2) Universal Paid Leave Fund. ($93,710,373) is rescinded from enterprise funds.

Sec. 3. Housing stabilization grants.

(a) Section 2032 of the Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Act of 2012, effective September 12, 2012 (D.C. Law 19-168; D.C. Official Code § 1-328.04), is amended by adding a new subsection (w) to read as follows:

"(w)(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.), the Mayor may make grants to housing providers to cover the costs of past due rent of District residents who are tenants of those housing providers.

"(2) The Mayor may issue one or more grants to a third-party grant-managing entity for the purpose of making and administering subgrants on behalf of the Mayor in accordance with the requirements of this subsection.

"(3) For the purposes of this subsection, the term "housing provider" means a landlord or other person entitled to receive rental payments for the use or occupancy of a rental housing unit in the District.".

(b) Section 47-1803.02(a)(2) of the District of Columbia Official Code is amended by adding a new subparagraph (RR) to read as follows:

"(RR) Grants awarded pursuant to § 1-328.04(w).".

Sec. 4. Fiscal Year 2022 grant authorization repeal.

Section 6173(1) of the Grants Act of 2021, effective November 13, 2021 (D.C. Law 24-45; 68 DCR 10163), is repealed.

Sec. 5. Universal paid leave waiting period.

Section 104 of the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.04), is amended as follows:

(a) Subsection (b) is amended by adding a new paragraph (3) to read as follows:

"(3) For claims filed on or after July 25, 2022, paragraph (1) of this subsection shall not apply.".

(b) Subsection (c) is amended by striking the phrase "Following the filing of a claim and the one-week waiting period, if applicable" and inserting the phrase "Following the filing of a claim" in its place.

Sec. 6. 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 2022 the Department of Parks and Recreation shall award a grant of $250,000 to the Friends of Carter Barron Amphitheatre to advance the next phase of planning to restore the Carter Barron Amphitheatre in Rock Creek Park.

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 2022 the following amounts from certified funds and other revenue in the identified accounts to the unassigned fund balance of the General Fund of the District of Columbia:

Agency Fund Total
AG0 0601-ACCOUNTABILITY FUND (45,000)
0602-LOBBYIST FUND (60,000)
AM0 1440-RFK & DC ARMORY MAINTENANCE FUND (276,753)
AT0 0606-RECORDER OF DEEDS SURCHARGE (1,830,000)
6115-OFT CENTRAL COLLECTION UNIT (CCU) O TYPE (302,286)
BG0 1111-DISABILITY COMP. NON - LAPSING LOCAL (3,517,308)
CF0 0619-DC JOBS TRUST FUND (35,000)
CJ0 1121-FAIR ELECTIONS FUND (3,500,000)
CQ0 6000-RENTAL UNIT FEE FUND (25,000)
CR0 6010-OPLA - SPECIAL ACCOUNT (1,205,475)
6040-CORPORATE RECORDATION FUND (365,000)
DB0 0602-HPAP - REPAY (466,818)
GD0 0111-HEALTHY SCHOOLS FUND (580,000)
0618-STUDENT RESIDENCY VERTIFICATION FUND (574,595)
0620-CHILD DEVELOPMENT FACILITIES FUND (161,257)
1120-RESERVE FUNDS (SPECIAL EDUCATION COMPLIANCE FUND) (757,134)
GL0 0619-STATE ATHLETIC ACTS PROG & OFFICE FUND (50,000)
HA0 0602-ENTERPRISE FUND ACCOUNT (317,774)
HC0 0605-SHPDA FEES (308,000)
0632-PHARMACY PROTECTION (86,610)
0643-BOARD OF MEDICINE (194,732)
0655-SHPDA ADMISSION FEE (130,000)
0673-DOH - REGULATORY ENFORCEMENT FUND (25,000)
HT0 0631-MEDICAID COLLECTIONS-3RD PARTY LIABILITY (1,300,000)
0632-BILL OF RIGHTS-(GRIEVANCE & APPEALS) (314,434)
0635-INDIVIDUAL INSUR MKT AFFORD & STABILITY (3,489,103)
JA0 0603-SSI PAYBACK (400,000)
KA0 6031-DC CIRCULATOR BUS SYSTEM - NPS MALL ROUTE (1,411,204)
6901-DDOT ENTERPRISE FUND-NON TAX REVENUES (426,990)
KG0 0634-SOIL EROSION/SEDIMENT CONTROL (70,000)
0645-PESTICIDE PRODUCT REGISTRATION (50,000)
6500-BENCHMARKING ENFORCEMENT FUND (55,000)
KV0 6258-MOTOR VEHICLE INSPECTION STATION (35,000)
LQ0 0110-DEDICATED TAXES (40,000)
RJ0 0640-SUBROGATION FUND (155,063)
RM0 0629-AGREEMENT WITH INDEPENDENT AGENCIES (36,943)
SR0 2100-HMO ASSESSMENT (94,974)
2350-SECURITIES AND BANKING FUND (734,129)
2800-CAPTIVE INSURANCE (109,792)
2910-FORECLOSURE MEDIATION FUND (5,000)
TO0 0602-DC NET SERVICES SUPPORT (2,650,368)
UC0 1631-PREPAID WIRELESS 911 CHARGES (171,775)
UZ0 6113-HOUSING PRODUCTION TRUST FUND (8,697,000)
VA0 0600-OFFICE OF VETERANS AFFAIS FUND (15,000)
Grand Total (35,075,517)

(b) Notwithstanding any provision of law limiting the use of funds in the accounts listed in D.C. Official Code § 47-392.02(j-5)(1) and (2), the amounts deposited and committed to those accounts pursuant to D.C. Official Code § 47-392.02(j-5) in Fiscal Year 2022, based on the Annual Comprehensive Financial Report for Fiscal Year 2021, shall, after such deposits and commitments have been made, be transferred by the Chief Financial Officer before September 30, 2022, to the unassigned balance of the General Fund of the District of Columbia.

(c) The total amount identified in subsections (a) and (b) of this section shall be made available as set forth in the approved Fiscal Year 2023 Budget and Financial Plan.

Sec. 8. Remaining Fiscal Year 2022 unexpended revenue of $337,293,157 shall be carried over into Fiscal Year 2023 as fund balance and shall be available as set forth in the approved Fiscal Year 2023 Budget and Financial Plan.

Sec. 9. Capital project rescissions and increases.

In Fiscal Year 2022, the Chief Financial Officer shall rescind or increase capital project allotments as set forth in the following table:

Owner Agency Project No Project Title Fund Detail Amount
AM0 BRM30C NON STRUCTURAL RENOVATIONS 300 (672,966)
LMJKBC KEY BRIDGE EXXON PROPERTY 300 14,000,000
N1401B GOVERNMENT CENTERS 300 (1,491)
N1403C ONE JUDICIARY SQUARE 300 (13)
PL101C SHELTER AND TRANSITIONAL HOUSING POOL 300 (1,591)
PL102C ELEVATOR POOL 300 (832)
PL105C ARCHIVES RECORDER OF DEEDS 300 (800)
PL106C GOVERNMENT CENTERS POOL 300 (1,944)
PL107C MISCELLANEOUS BUILDINGS POOL 300 (17)
PL1SWC EPA STORM WATER COMPLIANCE INITIATIVE 300 (2,884,467)
PL402C ENHANCEMENT COMMUNICATIONS INFRASTRUCTUR 300 (386)
PL402C ENHANCEMENT COMMUNICATIONS INFRASTRUCTUR 304 (898,903)
PL601C HVAC REPAIR RENOVATION POOL 300 (1,359)
PLSISC FY 2021 INAUGURAL REVIEWING STANDS 300 (974,500)
BY0 SW601C SENIOR WELLNESS CENTER RENOVATION POOL P 300 400,000
CE0 MCL03C MARTIN LUTHER KING JR. MEMORIAL CENTRAL 304 400,000
EB0 DUGEBC DUPONT UNDERGROUND 309 (800,000)
EB007C 1234 GOOD HOPE ROAD SE 300 (2,500,000)
EB008C MP-NEW COMMUNITIES 301 (697,758)
EB008C MP-NEW COMMUNITIES 309 697,758
EB012C 33 K STREET NW 309 (20,000,000)
EB016C PARK MORTON REDEVELOPMENT INITIATIVE 309 20,000,000
EB432C FRANK D. REEVES CENTER 300 (5,000,000)
FL0 CGN01C GENERAL RENOVATIONS AT DOC FACILITIES 300 (100,000)
CGN02C CTF GENERAL RENOVATION 300 (100,000)
CGN08C HEATING SYSTEM REPLACEMENT 300 (100,000)
CR003C UPGRADE FIRE ALARM AND SPRINKLER SYSTEM 300 (5,056)
CR104C HVAC REPLACEMENT FOR CDF 300 (100,000)
MA203C EXTERIOR STRUCTURAL FINISHING 300 (100,000)
FR0 HDW02C LABORATORY & HOSPITAL EQUIPMENT - DFS 304 (510,000)
GA0 GI5FHC FOXHALL MODERNIZATION/RENOVATION 300 (38,020,000)
GM121C MAJOR REPAIRS/MAINTENANCE - DCPS 300 1,500,000
YY1SGC STAY @ GARNET-PATTERSON 300 16,900,000
HM0 HM1CMC OHR'S CASE MANAGEMENT 304 450,000
HT0 UMV01C SAINT ELIZABETHS MEDICAL CENTER 301 (101,318)
UMV01C SAINT ELIZABETHS MEDICAL CENTER 309 102,242
KA0 CE304C STREET SIGN IMPROVEMENTS 300 (678,034)
CE308C CONCRETE, ASPHALT AND BRICK MAINTENANCE 300 (562,723)
LMBSSC STREETSCAPES AND BEAUTIFICATION 300 9,124,500
LMEQUC EQUIPMENT 304 (1,097,618)
LMFACC FACILITIES 300 2,000,000
LMGGRC POWERLINE UNDERGROUNDING 314 22,831,720
LMJKBC KEY BRIDGE EXXON PROPERTY 300 (10,000,000)
LMS05C I-66/ROCK CREEK PARKWAY BYPASS STUDY 300 (539,000)
LMVAEC VEHICLE FLEET 304 (5,000,000)
LMWWMC STORMWATER AND FLOOD MITIGATION 300 (300)
SR310C STORMWATER MANAGEMENT 300 (100,000)
KG0 HMRHMC HAZARDOUS MATERIAL REMEDIATION - DOEE 314 25,570,431
K2015C ENFORCEMENT AND COMPLIANCE DATABASE 300 (17,923)
SUS04C SUSTAINABLE DC FUND-2 300 (56)
KT0 BRTMOC BENNING ROAD TRANSFER STATION MODERNIZAT 300 20,804,101
BRTMOC BENNING ROAD TRANSFER STATION MODERNIZAT 301 500,000
PO0 DWB03C PROCUREMENT SYSTEMS 304 (20,923)
YA140C IT INITIATIVE 300 (584)
RK0 RMS01C RISK MANAGEMENT IT SYSTEM 301 (190)
TO0 N1601B DCWAN 300 (7,508)
N1601B DCWAN 304 (9,520)
N2522C DATA CENTER RELOCATION (REEVES CENTER) 304 5,000,000
N3102C DATA MANAGEMENT AND PUBLICATION PLATFORM 300 (3,737)
N3102C DATA MANAGEMENT AND PUBLICATION PLATFORM 301 (735)
N3802C PROCURMENT SYSTEM 300 (1)
N3802C PROCURMENT SYSTEM 304 (301)
NTU02C UPGRADE END OF LIFE NETWORK ELECTRONICS 304 (59,352)
ZB141C HUMAN RESOURCES APPLICATION SECURITY INI 300 (703)
ZB141C HUMAN RESOURCES APPLICATION SECURITY INI 304 (5,993)
UC0 UC2TDC IT AND COMMUNICATIONS UPGRADES 304 (500,000)
Grand Total 48,102,151

Sec. 10. Flavored Tobacco Product Prohibition Funding.

(a) The fiscal impact of revenue loss attributable to the Flavored Tobacco Product Prohibition Amendment Act of 2021, effective September 22, 2021 (D.C. Law 24-25; 68 DCR 7332) ("Act"), shall be offset by local fiscal year recurring revenues included in the Chief Financial Officer's June 2022 revenue estimate and, if necessary, the September revenue estimate, that exceed the annual revenue estimate incorporated in the approved budget and financial plan for Fiscal Year 2023 through Fiscal Year 2026; provided, that the Act is thereby fully funded.

(b) In the June 2022 revenue estimate and in the September 2022 revenue estimate, the Chief Financial Officer shall certify:

(1) Whether and by what amount local fiscal year revenues included in the revenue estimate exceed the annual revenue estimate incorporated in the approved budget and financial plan for Fiscal Year 2023 through Fiscal Year 2026;

(2) Whether such excess revenues, together with the excess revenues identified pursuant to this subsection in prior revenue estimates, are in an amount sufficient to offset the fiscal impact of the revenue loss identified in subsection (a) of this section; and

(3) That all such excess revenues, together with the excess revenues identified pursuant to this subsection in prior revenue estimates, have been set aside to ensure that the Act be funded until such time as the Chief Financial Officer certifies that the Act is fully funded.

Sec. 11. 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. 12. 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)).

Law Information

Cites

  • D.C. Act 24-437 (PDF)
  • 69 DCR 7034

Effective

June 13, 2022

Legislative History (LIMS)