D.C. Act 25-134. Fiscal Year 2023 Revised Local Budget Adjustment Emergency Act of 2023.

AN ACT

To adjust, on an emergency basis, certain allocations in the Fiscal Year 2023 Local Budget Act of 2022 to maintain a balanced budget for the fiscal year ending September 30, 2023.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Fiscal Year 2023 Revised Local Budget Adjustment Emergency Act of 2023".

Sec. 2. The appropriations set forth in the Fiscal Year 2023 Local Budget Act of 2022, effective September 9, 2022 (D.C. Law 24-166; 69 DCR 8870), are increased by $25,053,575 (including ($20,128,699) rescinded from local funds, ($375,000) rescinded from dedicated taxes, ($20,690,000) rescinded from federal grant funds, ($10,444,625) rescinded from other funds, and $76,691,899 added to federal payment funds for COVID relief), to be allocated as follows:

Governmental Direction and Support

The appropriation for Governmental Direction and Support is decreased by ($10,144,614) (including ($10,204,614) rescinded from local funds and $60,000 added to other funds), to be allocated as follows:

(1) Advisory Neighborhood Commissions: ($206,492) is rescinded from local funds;

(2) Board of Elections: ($150,000) is rescinded from local funds;

(3) Board of Ethics and Government Accountability: $60,000 is added to other funds;

(4) Contract Appeals Board: ($23,455) is rescinded from local funds;

(5) Department of General Services: ($4,904,579) is rescinded from local funds;

(6) Department of Human Resources: ($15,000) is rescinded from local funds;

(7) Office of Contracting and Procurement: ($200,000) is rescinded from local funds;

(8) Office of Disability Rights: ($95,000) is rescinded from local funds;

(9) Office of Labor Relations and Collective Bargaining: ($296,884) is rescinded from local funds;

(10) Office of the Chief Financial Officer: ($2,393,204) is rescinded from local funds;

(11) Office of the District of Columbia Auditor: ($1,000,000) is rescinded from local funds;

(12) Office of the Inspector General: ($500,000) is rescinded from local funds;

(13) Office of the Secretary of State: ($20,000) is rescinded from local funds; and

(14) Tax Revision Commission: ($400,000) is rescinded from local funds.

Economic Development and Regulation

The appropriation for Economic Development and Regulation is decreased by ($42,481,305) (including ($27,368,206) rescinded from local funds, ($11,363,099) rescinded from other funds, and ($3,750,000) rescinded from federal payment funds for COVID relief), to be allocated as follows:

(1) Department of Housing and Community Development: ($6,480,023) is rescinded from local funds;

(2) Department of Small and Local Business Development: ($474,200) is rescinded from local funds;

(3) Housing Authority Subsidy: ($17,769,483) is rescinded from local funds;

(4) Office of Planning: ($350,000) is rescinded from local funds;

(5) Office of the Deputy Mayor for Planning and Economic Development: ($17,273,199) is rescinded (including ($2,160,100) rescinded from local funds, ($11,363,099) rescinded from other funds, and ($3,750,000) rescinded from federal payment funds for COVID relief);

(6) Office of the Tenant Advocate: ($110,000) is rescinded from local funds; and

(7) Real Property Tax Appeals Commission: ($24,400) is rescinded from local funds.

Public Safety and Justice

The appropriation for Public Safety and Justice is decreased by ($12,638,222) (including ($4,027,066) rescinded from local funds, $858,474 added to other funds, and ($9,469,630) rescinded from federal payment funds for COVID relief), to be allocated as follows:

(1) Criminal Justice Coordinating Council: ($300,000) is rescinded from local funds;

(2) Department of Corrections: ($2,000,000) is rescinded from local funds;

(3) Department of Youth Rehabilitation Services: $497,117 is added (including ($125,000) rescinded from local funds and $622,117 added to other funds);

(4) District of Columbia National Guard: ($268,385) is rescinded from local funds;

(5) Metropolitan Police Department: ($359,000) is rescinded from federal payment funds for COVID relief;

(6) Office of Administrative Hearings: ($636,484) is rescinded from local funds;

(7) Office of Human Rights: ($1,061,650) is rescinded from local funds;

(8) Office of Neighborhood Safety and Engagement: ($2,162,998) is rescinded (including ($1,644,564) rescinded from local funds and ($518,434) rescinded from federal payment funds for COVID relief);

(9) Office of the Chief Medical Examiner: ($130,000) is rescinded from local funds;

(10) Office of the Deputy Mayor for Public Safety and Justice: ($195,921) is rescinded from local funds;

(11) Office of Unified Communications: ($2,291,232) is rescinded (including ($2,527,589) rescinded from local funds and $236,357 added to other funds);

(12) Office of Victim Services and Justice Grants: ($3,704,669) is rescinded (including $4,887,527 added to local funds and ($8,592,196) rescinded from federal payment funds for COVID relief); and

(13) Office on Returning Citizens Affairs: ($25,000) is rescinded from local funds.

Public Education System

The appropriation for Public Education System is decreased by ($69,799,662) (including ($30,908,495) rescinded from local funds, ($375,000) rescinded from dedicated taxes, ($20,690,000) rescinded from federal grant funds, and ($17,826,168) rescinded from federal payment funds for COVID relief), to be allocated as follows:

(1) Department of Employment Services: ($3,515,803) is rescinded (including $10,872,033 added to local funds and ($14,387,836) rescinded from federal payment funds for COVID relief);

(2) Department of Parks and Recreation: ($320,000) is rescinded from local funds;

(3) District of Columbia Public Charter Schools: ($13,000,000) is rescinded from local funds;

(4) District of Columbia Public Schools: ($15,000,000) is rescinded from local funds;

(5) Non-Public Tuition: ($4,650,000) is rescinded from local funds;

(6) Office of the Deputy Mayor for Education: ($3,973,331) is rescinded (including ($535,000) rescinded from local funds and ($3,438,331) rescinded from federal payment funds for COVID relief);

(7) Office of the State Superintendent of Education: ($26,785,528) is rescinded (including ($5,720,528) rescinded from local funds, ($375,000) rescinded from dedicated taxes, and ($20,690,000) rescinded from federal grant funds);

(8) Special Education Transportation: ($2,100,000) is rescinded from local funds;

(9) State Board of Education: $45,000 is added to local funds; and

(10) Unemployment Compensation Fund: ($500,000) is rescinded from local funds.

Human Support Services

The appropriation for Human Support Services is decreased by ($37,012,201) (including ($147,104,500) rescinded from local funds and $110,092,299 added to federal payment funds for COVID relief), to be allocated as follows:

(1) Child and Family Services Agency: ($398,620) is rescinded from local funds;

(2) Department of Behavioral Health: ($3,931,104) is rescinded (including ($2,432,410) rescinded from local funds and ($1,498,694) rescinded from federal payment funds for COVID relief); provided, that all funds deposited, without regard to fiscal year, into the Opioid Abatement Fund are authorized for expenditure and shall remain available for expenditure until September 30, 2023;

(3) Department on Disability Services: ($6,262,480) is rescinded from local funds;

(4) Department of Health: ($1,000,000) is rescinded from local funds;

(5) Department of Health Care Finance: ($22,730,000) is rescinded from local funds;

(6) Department of Human Services: ($2,518,659) is rescinded (including ($114,109,651) rescinded from local funds and $111,590,993 added to federal payment funds for COVID relief); and

(7) Office of the Deputy Mayor for Health and Human Services: ($171,338) is rescinded from local funds.

Operations and Infrastructure

The appropriation for Operations and Infrastructure is decreased by ($15,861,534) (including ($14,175,287) rescinded from local funds and ($1,686,247) rescinded from federal payment funds for COVID relief), to be allocated as follows:

(1) Department of Buildings: ($4,490,833) is rescinded from local funds;

(2) Department of Energy and Environment: ($1,686,247) is rescinded from federal payment funds for COVID relief;

(3) Department of Licensing and Consumer Protection: ($1,038,750) is rescinded from local funds;

(4) Department of Motor Vehicles: ($350,000) is rescinded from local funds;

(5) Department of Public Works: ($3,736,009) is rescinded from local funds;

(6) Department of Transportation: ($715,495) is rescinded from local funds;

(7) Office of the People's Counsel: ($244,200) is rescinded from local funds; and

(8) Washington Metropolitan Area Transit Authority: ($3,600,000) is rescinded from local funds.

Financing and Other

The appropriation for Financing and Other is increased by $212,991,113 (including $213,659,469 added to local funds and ($668,356) rescinded from federal payment funds for COVID relief), to be allocated as follows:

(1) Convention Center Transfer: ($23,000,000) is rescinded from local funds;

(2) Non-Departmental Account: $14,932,644 is added (including $15,601,000 added to local funds and ($668,356) rescinded from federal payment funds for COVID relief);

(3) Repayment of Contingency Reserve Fund: $18,976,779 is added to local funds;

(4) Repayment of Loans and Interest: ($38,000,000) is rescinded from local funds;

(5) Settlements and Judgments: ($6,975,241) is rescinded from local funds; and

(6) Workforce Investments Account: $247,056,931 is added to local funds; provided, that all funds deposited, without regard to fiscal year, into the Workforce Investments Account are authorized for expenditure and shall remain available for expenditure until September 30, 2023.

Sec. 3. Capital project rescissions and increases.

In Fiscal Year 2023, the capital project appropriations for Fiscal Year 2023 shall be increased or decreased as set forth in the following tabular array:

Owner Agency Code New Project No Old Project No Project Title New Fund Detail Total
AM0 100023 BRM18C DALY/MPD BUILDING SWING 3030300 7,000,000
100032 BRMCBC DDOT - CIRCULATOR BUS DEPOT - CLAY BRICK 3030300 (13,000,000)
100046 DLY19C DALY BUILDING REHABILITATION - PHASE ONE 3030300 (9,663)
100098 LMJKBC KEY BRIDGE EXXON PROPERTY 3030300 (14,000,000)
100105 N1401B GOVERNMENT CENTERS 3030300 (91,950)
100106 N1403C ONE JUDICIARY SQUARE 3030300 (83,524)
100130 PL101C SHELTER AND TRANSITIONAL HOUSING POOL 3030300 (62,621)
100131 PL102C ELEVATOR POOL 3030300 (14,415)
100133 PL104C ADA COMPLIANCE POOL 3030300 (10)
100135 PL106C GOVERNMENT CENTERS POOL 3030300 (56,808)
100136 PL107C MISCELLANEOUS BUILDINGS POOL 3030300 (181,073)
3030301 (23,250)
100137 PL108C BIG 3 BUILDINGS POOL 3030300 (8,947)
100140 PL402C ENHANCEMENT COMMUNICATIONS INFRASTRUCTUR 3030300 (10,503)
100141 PL601C HVAC REPAIR RENOVATION POOL 3030300 (46,841)
100144 PL902C CRITICAL SYSTEM REPLACEMENT 3030300 530,968
3030301 699,000
100146 PL9PRC PUBLIC RESTROOMS 3030300 (1,140,000)
100242 SPC01C DC UNITED SOCCER STADIUM 3030300 (454,398)
AM0 Total (20,954,034)
BA0 100006 AB102C ARCHIVES 3030300 30,000,000
BA0 Total 30,000,000
CF0 100357 DAJC1C DOWNTOWN AMERICAN JOB CENTER 3030304 (300,000)
CF0 Total (300,000)
FA0 100020 BRM11C POR & TEST FIT OF MPD PATROL DISTRICTS 3030300 (500,000)
100401 FRI01C BASE BUILDING RENOVATION 3030300 (2,271,217)
FA0 Total (2,771,217)
FB0 100088 LB737C ENGINE COMPANY 16 RENOVATION 3030300 (19,229)
100089 LC437C E-22 FIREHOUSE REPLACEMENT 3030300 (2,613)
100092 LE537C ENGINE 14 MAJOR RENOVATION 3030300 (1,000)
FB0 Total (22,843)
FL0 100010 B25RNC DOC HQ AND READY CENTER 3030300 (7,000,000)
100036 CGN01C GENERAL RENOVATIONS AT DOC FACILITIES 3030300 (28,272)
3033534 28,272
100040 CR003C UPGRADE FIRE ALARM AND SPRINKLER SYSTEM 3030300 (56,701)
100041 CR004C UPGRD CNTRL SECURITY COMD CT 3030300 (121,728)
3030301 (968)
3033534 (28,272)
100042 CR007C INMATE PROCESSING CENTER 3030300 (27,937)
FL0 Total (7,235,607)
GA0 100059 GI5FHC FOXHALL MODERNIZATION/RENOVATION 3030300 (5,289,629)
3030301 (675,750)
100312 YY1MAC MAC ARTHUR BOULEVARD SCHOOL 3030300 5,965,380
GA0 Total 2
GO0 100448 BU0B0C BUS-VEHICLE REPLACEMENT 3030300 (1,173,917)
3030304 (351,704)
GO0 Total (1,525,621)
HA0 100195 RE017C PARKVIEW RECREATION CENTER 3030300 4,350,000
100208 RG0KGC KING GREENLEAF RECREATION IMPROVEMENTS 3030300 (16,000)
100209 RG0KRC KENNEDY RECREATION IMPROVEMENTS 3030300 100,000
100218 SET38C SOUTHEAST TENNIS AND LEARNING CENTER 3030300 5,562,500
100223 SGARBC RITA BRIGHT COMMUNITY CENTER 3030300 (4,350,000)
100452 QH750C PARK IMPROVEMENTS - PROJECT MANAGEMENT 3030300 (75,489)
100455 RG001C GENERAL IMPROVEMENTS 3030300 (2,207,912)
HA0 Total 3,363,099
HC0 100075 HC102C DC ANIMAL SHELTER RENOVATION & EXPANSIO 3030300 (4,162,500)
100108 NAS23C FUTURE DC HEALTH ANIMAL SHELTER 3030300 (4,500,000)
HC0 Total (8,662,500)
HT0 100466 DIM01C ENTERPRISE DATA INTEGRATION SYSTEM/MEDIC 3030300 614,190
HT0 Total 614,190
JA0 100077 HSW01C WARD 1 TEMPORARY HOUSING FOR FAMILIES 3030300 (925,289)
3030304 (56,211)
100222 SGAMXC SINGLE SHELTER REPLACEMENTS - MP 3030300 (2,000,000)
100250 THK16C MP-TEMPORARY AND PERMANENT SUPPORTIVE HO 3030300 (171,273)
100251 THK17C EMERGENCY AND TEMPORARY HOUSING UPGRADES 3030300 7,000,000
100253 THK19C EMERGENCY & TEMPORARY HOUSING FOR MEN 3030300 (6,601)
3030304 (17,182)
100254 THK22C SINGLES SHELTER REPLACEMENT 1 AND 2 3030300 (40,502,209)
100477 CMSS1C CASE MANAGEMENT SYSTEM - GO BOND 3030300 (518,424)
JA0 Total (37,197,189)
KA0 100498 BR005C H STREET BRIDGE 3030300 14,758,275
100528 CIRBGC DBOM CIRCULATOR BUS GARAGE 3030304 (9,971,578)
100571 LMBSSC STREETSCAPES AND BEAUTIFICATION 3030300 18,808,529
3030301 5,061,471
100573 LMC02C K STREET TRANSITWAY 3030300 (113,000,000)
3030301 (181,389)
3030304 (1,883,608)
100586 LMFACC FACILITIES 3030300 3,128,554
100628 LMS09C ARBORETUM BRIDGE AND TRAIL 3030300 6,040,000
100639 LMS29C SAFETY INFRASTRUCTURE AROUND SCHOOLS 3030300 3,600,000
100641 LMSAFC SAFETY & MOBILITY 3030300 3,360,000
100871 SA393C STREETCAR UNION STA TO GTOWN 3030301 (35)
100879 SR301C LOCAL STREETS WARD 1 3030300 (2,170,396)
3030301 (650,000)
100880 SR302C LOCAL STREETS WARD 2 3030300 (1,178,937)
3030301 (650,000)
100881 SR303C LOCAL STREETS WARD 3 3030300 (2,274,305)
3030301 (650,000)
100882 SR304C LOCAL STREETS WARD 4 3030300 (2,163,593)
3030301 (650,000)
100883 SR305C LOCAL STREETS WARD 5 3030300 (2,299,169)
3030301 (650,000)
100884 SR306C LOCAL STREETS WARD 6 3030300 (2,472,002)
3030301 (650,000)
100885 SR307C LOCAL STREETS WARD 7 3030300 (1,077,729)
3030301 (650,000)
100886 SR308C LOCAL STREETS WARD 8 3030300 (1,530,221)
3030301 (650,000)
(blank) PAVEDC LOCAL STREET PAVING 3030300 20,000,000
KA0 Total (70,646,132)
KE0 100921 SA311C WMATA FUND - PRIIA 3030300 49,500,000
100922 SA501C WMATA CIP CONTRIBUTION 3030300 62,469,620
3030301 320,922
100923 SA503C NOMA PEDESTRIAN TUNNEL 3030300 (5,000,000)
KE0 Total 107,290,542
RL0 100967 RL31AC CCWIS IMPLEMENTATION 3030300 5,448,310
RL0 Total 5,448,310
RM0 100972 HX703C DBH FACILITIES SMALL CAPITAL IMPROVEMENT 3030300 (1,000)
100973 HX990C FACILITY UPGRADES 3030300 2,600,000
RM0 Total 2,599,000

Sec. 4. 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 2023 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:

FY 2023 Transfers
Agency Code Fund Total
AE0 1243-PUBLIC-PRIVATE PARTNERSHIP ADMIN FUND (8,735)
AM0 1460-EASTERN MARKET ENTERPRISE FUND (168,795)
2225-WEST END LIBRARY/FIREHOUSE MAINTENANCE (2,129,112)
AT0 0606-RECORDER OF DEEDS SURCHARGE (1,278,435)
BD0 2001-HIST. LANDMARK & HIST. DIST. FILING FEES (41,851)
BG0 1111-DISABILITY COMP. NON - LAPSING LOCAL (3,586,302)
BK0 6114-BASEBALL REVENUE DEDICATED TAXES (24,834,000)
BX0 0600-SPECIAL PURPOSE REVENUE (755,656)
CB0 0616-LITIGATION SUPPORT FUND (5,000,000)
0617-ATTORNEY GENERAL RESTITUTION FUND (1,908,600)
CE0 6108-COPIES AND PRINTING (2,945)
6170-LIBRARY COLLECTIONS - ONLINE BOOK SALES (30,447)
CF0 0618-WAGE THEFT (65,766)
0619-DC JOBS TRUST FUND (365,815)
0625-APPRENTICESHIP FEES (243,469)
CI0 0600-SPECIAL PURPOSE REVENUE (24,950)
CJ0 1121-FAIR ELECTIONS FUND (1,054,052)
CQ0 6000-RENTAL UNIT FEE FUND (11,701)
CR0 6008-R-E GUAR. & EDUC. FUND (766,140)
6009-R-E APPRAISAL FEE (59,321)
6010-OPLA - SPECIAL ACCOUNT (1,491)
6013-BASIC BUSINESS LICENSE FUND (3,083,619)
6040-CORPORATE RECORDATION FUND (647,789)
CU0 6030-GREEN BUILDING FUND (79,801)
DB0 0610-DHCB UNIFIED FUND (70,390)
EB0 0609-INDUSTRIAL REVENUE BOND PROGRAM (554,001)
0632-AWC & NCRC DEVELOPMENT (ED SPECIAL ACCT) (13,424,852)
6603-ST ELIZABETH EAST CAMPUS REDEVELOPMENT (444,165)
EN0 0632-SMALL BUSINESS CAPITAL ACCESS FUND (320)
6160-STREETSCAPE LOAN RELIEF FUND (5,094)
FB0 0601-FEMS REFORM FUND (9,963,038)
1200-AUTOMATED EXT DEFIB REG FEE FUND (5,044)
FL0 0600-CORRECTIONS TRUSTEE REIMBURSEMENT (3,907,406)
0605-CORRECTIONS REIMBURSEMENT -JUVENILES (20)
FX0 0610-MEDICAL EXAMINER PATHOLOGY & TOXICOLOGY (322,033)
GA0 0633-DHHS AFTERSCHOOL PROG-COPAYMENT (164,074)
GC0 1120-RESERVE FUNDS (112,512)
GD0 0111-HEALTHY SCHOOLS FUND (556,021)
0618-STUDENT RESIDENCY VERIFICATION FUND (368,456)
0620-CHILD DEVELOPMENT FACILITIES FUND (221,709)
1120-RESERVE FUNDS (SPECIAL EDUCATION COMPLIANCE FUND) (756,000)
1121-SPECIAL EDUCATION ENHANCEMENT FUND (TRANSFER from GN0) (4,291,246)
1124-SCHOOL SAFETY & POSITIVE CLIMATE (602,606)
1125-HEALTHY TOTS FUNDS (500,000)
1126-EARLY CHILDHOOD EDUCATOR PAY EQUITY FUND (5,396,000)
1140-COMMUNITY SCHOOLS FUND (912,867)
HA0 0602-ENTERPRISE FUND ACCOUNT (1,103,210)
HC0 0605-SHPDA FEES (1,220,612)
0632-PHARMACY PROTECTION (1,597,891)
0643-BOARD OF MEDICINE (4,702,061)
0644-NON-LAPSING: SPAY AND NEUTERING FUND (696)
0655-SHPDA ADMISSION FEE (82,961)
0661-ICF / MR FEES & FINES (18,205)
0673-DOH - REGULATORY ENFORCEMENT FUND (20,170)
SMOKING CESSATION FUND (432,016)
HT0 0633-MEDICAID RECOVERY AUDIT CONTRACTOR (1,401)
0635-INDIVIDUAL INSUR MKT AFFORD & STABILITY (2,979,384)
HY0 1105-DCHA REHABILITATION AND MAINTENANCE FUND (17,769,483)
JA0 0603-SSI PAYBACK (389,552)
1112-SNAP REINVESTMENT FUND (850,936)
KA0 6030-DC CIRCULATOR BUS SYSTEM (609,979)
6031-DC CIRCULATOR BUS SYSTEM - NPS MALL ROUTE (651,776)
6140-TREE FUND (EST DC ACT 14-614) (2,006,598)
6901-DDOT ENTERPRISE FUND-NON TAX REVENUES (738,532)
6910-VISION ZERO PEDESTRIAN & BICYCLE SAFETY (1,468,853)
KE0 0110-DEDICATED TAXES (739,138)
0601-PARKING METER WMATA (3,331,803)
KG0 0607-UNDERGROUND STORAGE TANK FINES AND FEES (199,436)
0634-SOIL EROSION/SEDIMENT CONTROL (49,785)
0645-PESTICIDE PRODUCT REGISTRATION (431,789)
0646-STORM WATER FEES (54,935)
0647-MOLD ASSESSMENT AND REMEDIATION FUND (4,857)
0650-PRODUCT STEWARDSHIP FUND (39,767)
0655-STORMWATER IN LIEU FEE (45,418)
0662-RENEWABLE ENERGY DEVELOPMENT FUND (393,994)
0668-LEAD POISONING PREVENTION FUND (208,506)
0670-ANACOSTIA RIVER CLEAN UP FUND (500,000)
1000-CRIAC RELIEF FUND (1,417,016)
6500-BENCHMARKING ENFORCEMENT FUND (23,627)
6700-SUSTAINABLE ENERGY TRUST FUND (7,178,851)
KT0 6010-SUPER CAN PROGRAM (21,746)
6052-THE SOLID WASTE DIVERSION FUND (20,082)
6082-SOLID WASTE DISPOSAL FEE FUND (4,352,582)
KV0 6258-MOTOR VEHICLE INSPECTION STATION (262,223)
LQ0 0110-DEDICATED TAXES (366,728)
6017-ABC - IMPORT AND CLASS LICENSE FEES (524,029)
RJ0 0640-SUBROGATION FUND (444,387)
1240-CAPTIVE INSURANCE FUND (248,048)
RM0 0629-AGREEMENT WITH INDEPENDENT AGENCIES (44,208)
1118-GAMBLING ADDICTION TREATMENT & RESEARCH (600,000)
SR0 2100-HMO ASSESSMENT (2,662)
2350-SECURITIES AND BANKING FUND (476,000)
2910-FORECLOSURE MEDIATION FUND (3,700)
TC0 2400-PUBLIC VEHICLES FOR HIRE CONSUMER SERVIC (137,037)
VA0 0600-OFFICE OF VETERANS AFFAIRS FUND (15,000)
Grand Total (147,508,313)

(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 2023, based on the Annual Comprehensive Financial Report for Fiscal Year 2022, shall, after such deposits and commitments have been made, be transferred by the Chief Financial Officer before September 30, 2023, to the unassigned balance of the General Fund of the District of Columbia.

(c) Notwithstanding any provision of law, in Fiscal Year 2023, the Chief Financial Officer shall deposit $171,775 of unassigned fund balance into the Emergency and Non-Emergency Number Telephone Calling Systems Fund established pursuant to section 603 of the Emergency and Non-Emergency Telephone Calling Systems Fund Act of 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code § 34-1802).

(d) The amounts identified in subsections (a), (b), and (c) of this section shall be made available as set forth in the approved Fiscal Year 2024 Budget and Financial Plan.

Sec. 5. Remaining Fiscal Year 2023 unexpended revenue of $397,077,739 shall be carried over into Fiscal Year 2024 as fund balance and shall be available as set forth in the approved Fiscal Year 2024 Budget and Financial Plan.

Sec. 6. Public charter school teacher compensation.

(a) For School Year 2023-2024, the Office of the State Superintendent of Education ("OSSE") shall make direct payments in a total amount of $73,572,698 from the Workforce Investments Account to public charter LEAs for the purpose of:

(1) Increasing compensation retroactively at a rate of 7.6% over a public charter LEA's School Year 2022-2023 pay scale for teachers whom a public charter LEA employed as of October 5, 2022, and who remain employed by the LEA as of September 1, 2023;

(2) Increasing compensation prospectively at a rate of 12.5% over a public charter LEA's School Year 2019-2020 pay scale for teachers whom an LEA employs as of September 1, 2023; and

(3) If funds remain after making payments to increase teacher compensation pursuant to paragraphs (1) and (2) of this subsection, increasing compensation for school-based educators and support staff.

(b) OSSE may issue payments authorized pursuant to subsection (a) of this section beginning July 1, 2023.

(c) To be eligible for a direct payment under subsection (a) of this section, a public charter LEA shall submit to OSSE:

(1) The public charter LEA's School Year 2019-2020 pay scale by steps and grades, if applicable, or the minimum, average, and maximum salaries for teachers in School Year 2019-2020.

(2) The total amount the public charter LEA spent on teacher salaries in School Year 2022-2023;

(3) The public charter LEA's School Year 2023-2024 teacher pay scale by steps and grades and number of teachers in each step and grade or, if applicable, the LEA's School Year 2023-2024 minimum, average, and maximum salaries for teachers and number of teachers, which shall demonstrate a 12.5% increase between School Year 2019-2020 and School Year 2023-2024 ranges, and documentation that it has publicly posted the pay scale;

(4) If a public charter LEA does not have a teacher pay scale, a signed assurance from the public charter LEA's Chief Executive Officer or Head of School that it will develop and publicly post a teacher pay scale by steps and grades by May 1, 2024, to be implemented in School Year 2024-2025; and

(5) A signed assurance from the public charter LEA's Chief Executive Officer or Head of School that:

(A) The School Year 2023-2024 teacher pay scale will be at least 12.5% higher than its School Year 2019-2020 pay scale; and

(B) The public charter LEA will provide the retroactive 7.6% salary increase required pursuant to subsection (a)(1) of this section to all employees who were employed as a teacher as of October 5, 2022, and who remain employed by the public charter LEA, as a teacher or otherwise, as of September 1, 2023;

(d)(1) If, by June 30, 2024, OSSE determines that a public charter LEA that received payments authorized by this section has failed to comply with the provisions of this section or failed to use the money in accordance with the purposes authorized in subsection (a) of this section, the public charter LEA shall return, in a manner specified by OSSE, any portion of the payments determined by OSSE to be in violation of the requirements of this section, regardless of whether the public charter LEA disbursed the funding; except, that a public charter LEA may not require teachers to return any compensation they received from payments made under this section.

(2) OSSE shall provide the public charter LEA with an opportunity to cure the violation prior to requiring repayment.

(e) For the purposes of this section, the term:

(1) "Public charter LEA" means an individual or a group of public charter schools operating under a single charter.

(2) "Teacher" means a school-based employee who provides instruction in a core or non-core academic subject, and includes general or special education teachers instructing students in the core subject areas of English language arts, math, science, and social studies, as well as non-core subjects such as arts, foreign language, and physical education, but excludes student support professionals such as speech therapists or social workers, counselors, librarians, coaches, principals, special education coordinators, program coordinators, deans, office staff, custodians, or any other non-instructional personnel.

Sec. 7. Section 47-368.07(b)(2) of the District of Columbia Official Code is amended by striking the phrase "Payments to public charter schools authorized by section 204 of the Fiscal Year 2018 Budget Support Clarification Act of 2018, passed on 2nd reading on April 10, 2018 (Enrolled version of Bill 22-466)" and inserting the phrase "Payments to public charter schools authorized to be paid from the Account by other District law" in its place.

Sec. 8. Subject to appropriation repeals.

(a) Section 301 of the Opioid Litigation Proceeds Amendment Act of 2022, effective March 10, 2023 (D.C. Law 24-315; 70 DCR 838), is repealed.

(b) Section 4 of the William Dorsey Swann Street Designation Act of 2023, enacted on May 24, 2023 (D.C. Act 25-103; 70 DCR 7914), is repealed.

Sec. 9. Fiscal stabilization reserve.

Section 47-392.02(j-1)(2) of the District of Columbia Official Code is amended as follows:

(1) Subparagraph (B) is amended by striking the phrase "; and" and inserting a semicolon in its place.

(2) Subparagraph (C) is amended by striking the period at the end and inserting the phrase "; and" in its place.

(3) A new subparagraph (D) is added to read as follows:

"(D) Funding for locally appropriated expenditures in Fiscal Year 2023.".

Sec. 10. Paragraph (5) under the heading Governmental Direction and Support in section 2 of the Fiscal Year 2023 Local Budget Act of 2022, effective September 9, 2022 (D.C. Law 24-166; 69 DCR 8870), is amended by striking the phrase "to exceed $25,000 of this amount" and inserting the phrase "to exceed $40,000 of this amount" in its place.

Sec. 11. 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. 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 25-134 (PDF)
  • 70 DCR 9048

Effective

June 27, 2023

Legislative History (LIMS)