§ 9–111.01. District of Columbia Highway Trust Fund.

(a) There is established the District of Columbia Highway Trust Fund (“Fund”).

(b) Except as provided in subsection (e) of this section, the monies in the Fund shall not be a part of, or lapse into, the General Fund of the District or any other fund of the District.

(c) The Mayor shall deposit into the Fund, on a monthly basis, an amount equivalent to all receipts from taxes, fees, civil fines and penalties collected by the District after September 30, 1995, pursuant to Chapter 23 of Title 47.

(d)(1) All monies in the Fund shall be used first to comply with the requirements of § 9-109.02.

(2) Repealed.

(3) As of October 1, 2011, all monies in the Fund designated to be used to comply with the requirements of § 9-109.02 shall not exceed 22% of the proposed annual federal-aid highway project expenditures.

(e)(1) Any excess monies remaining in the Fund after the requirements of § 9-109.02 have been met and remaining balances not necessary for the purposes outlined in Title 23 of the United States Code, based on the 6-year projected trust fund performance audit conducted by the Inspector General pursuant to § 9-109.02(e), shall be transferred to the Capital Improvements Program and used to fund the renovation, repair, and maintenance of local transportation infrastructure.

(2) The Mayor annually shall determine the excess amount based upon the audit of the Inspector General issued pursuant to § 9-109.02(e) and include the amount in the budget for the fiscal year beginning on October 1 of that year that is transmitted to the Council pursuant to § 1-204.42.

(Apr. 9, 1997, D.C. Law 11-184, § 102, 43 DCR 4265; Oct. 3, 2001, D.C. Law 14-28, § 1702(a),(b), 48 DCR 6981; Sept. 18, 2007, D.C. Law 17-20, § 6002(a), 54 DCR 7052; Apr. 8, 2011, D.C. Law 18-370, § 623(a), 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 6053, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 6023(a), 59 DCR 8025; Dec. 13, 2017, D.C. Law 22-33, § 8062(a), 64 DCR 7652.)

Prior Codifications

1981 Ed., § 7-134.4.

Section References

This section is referenced in § 47-361 and § 50-921.02.

Effect of Amendments

D.C. Law 14-28 added subsec. (e) relating to excess monies.

D.C. Law 17-20, in subsec. (e), substituted “shall be deposited into the District Department of Transportation Unified Fund established by § 50-921.11” for “shall be deposited in the Local Roads Construction and Maintenance Fund established by § 9-111.01a”.

D.C. Law 18-370 rewrote subsecs. (d) and (e).

D.C. Law 19-21 repealed subsec. (d)(2), which formerly read:

“(2) All monies in the Fund designated to comply with the requirements of § 9-109.02 shall not exceed 22% of the proposed annual Fund expenditures.”

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

Emergency Legislation

For temporary (90 days) amendment of this section, see § 8062(a) 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 § 8062(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary addition of section, see § 2 of the Highway Trust Fund Establishment Emergency Act of 1995 (D.C. Act 11-169, December 8, 1995, 42 DCR 7069), § 2 of the Highway Trust Fund Establishment Congressional Review Emergency Act of 1996 (D.C. Act 11-223, March 7, 1996, 43 DCR 1418), and § 2 of the Highway Trust Fund Establishment Second Congressional Review Emergency Act of 1996 (D.C. Act 11-464, January 9, 1997, 44 DCR 620).

Section 3 of D.C. Act 11-169, § 3 of D.C. Act 11-223, and § 3 of D.C. Act 11-464 provided for the issuance by the Mayor of rules and regulations necessary to carry out the purposes of the act.

For temporary (90 day) amendment of section, see § 1602(a), (b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 3502 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 6002(a) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 623(a) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) amendment of section, see § 3(a) of District Department of Transportation Omnibus Emergency Amendment Act of 2011 (D.C. Act 19-254, December 21, 2011, 58 DCR 11215).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Highway Trust Fund Establishment Temporary Act of 1996 (D.C. Law 11-116, May 3, 1996, law notification 43 DCR 2707).

Section 3(a) of D.C. Law 19-97 added subsecs. (d)(2A) and (3) to read as follows:

“(2A) As of October 1, 2011, all monies in the Fund designated to comply with the requirements of section 3 of the District of Columbia Emergency Highway Relief Act, approved August 4, 1995 (109 Stat. 257; D.C. Official Code § 9-109.02), shall not exceed 22% of the proposed annual federal-aid highway project expenditures.”.

“(3) As of October 1, 2011, all unobligated and unexpended revenues at the end of fiscal year 2011 that would have been deposited into the District Department of Transportation Unified Fund shall be deposited into the District of Columbia Highway Trust Fund.”.

Section 6(b) of D.C. Law 19-97 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title of title I of Law 11-184: Section 101 of D.C. Law 11-184 provided that title I of the act may be cited as the Highway Trust Fund Establishment Act of 1996.

Short title: Section 6001 of D.C. Law 17-20 provided that subtitle A of title VI of the act may be cited as the “District Department of Transportation Unified Fund Amendment Act of 2007”.

Editor's Notes

Section 629 of D.C. Law 18-370 provided: “Sec. 629. Applicability. This subtitle shall apply as of October 1, 2011; except, that sections 622 and 623(a)(2) shall apply as of the effective date of this act.”

Mayor authorized to issue rules: Section 103 of D.C. Law 11-184 provided that the Mayor may issue rules and regulations as the Mayor finds necessary to carry out the purposes of title I of the act pursuant to subchapter I of Chapter 5 of Title 2.