(1) “Alley Rehabilitation Project” means the capital project designated as District Department of Transportation capital project CEL21C in the District’s capital improvement program.
(2) “Buyer agency” means a District department, office, or agency that places an order for goods or services using funds appropriated for a capital project pursuant to a memorandum of understanding.
(3) “Capital project” shall have the same meaning as provided in § 1-201.03(8).
(4) “Chief Financial Officer” means the Chief Financial Officer of the District of Columbia.
(4A) "Encumbered" means committed to pay for goods or services ordered but not yet received.
(5) “Fund” means the Capital Project Support Fund established by § 1-325.152.
(6) “Memorandum of understanding” means an agreement between District departments, offices, or agencies authorized pursuant to § 1-301.01(k)(1) to provide goods or services for the benefit of a capital project with payment to be made with funds appropriated for that capital project.
(7) “OCFO” means the Office of the Chief Financial Officer of the District of Columbia established by § 1-204.24a(a).
(7A) "Pre-encumbered" means held, but not yet committed, to pay for goods or services that are expected to be, but have not yet been, ordered.
(8) “Seller agency” means a District department, office, or agency that receives a transfer of funds appropriated for a capital project to provide goods or services related to that project pursuant to a memorandum of understanding.
(9) “Surplus capital funds” means unexpended funds appropriated for a capital project that have been identified by the OCFO as available for transfer pursuant to § 1-325.153a or § 1-325.153b.
§ 1–325.152. Capital Project Support Fund.
(a) There is established as a special fund the Capital Project Support Fund, which shall be administered by the Chief Financial Officer in accordance with this part.
(b) All surplus capital funds identified by the Chief Financial Officer pursuant to §§ 1-325.153a, 1-325.153b, and 1-325.153c shall be deposited into the Fund.
§ 1–325.153. Expenditures from Fund.
(a) Funding for an approved capital project may be provided through redirection in an approved budget and financial plan or through a reprogramming, pursuant to Chapter 3 of Title 47.
(b) Within 30 days of a request by the Mayor to reprogram the money in the Fund to an approved capital project, the Chief Financial Officer shall certify that the funds are available and the expenditure to support the project is in compliance with this part.
§ 1–325.153a. Closure of capital budget memoranda of understanding; transfer of surplus capital funds.
(a) After the termination date of a memorandum of understanding, the buyer agency shall have 60 days to reconcile the accounting and budget data and close the funding line for the memorandum of understanding associated with the capital project in the system of accounting and reporting.
(b)(1) After the closing date of the memorandum of understanding, the Office of Budget and Planning within the OCFO shall notify the buyer agency and the seller agency of any issues that must be resolved to close the funding line for the memorandum of understanding in the project management system, including:
(A) Any outstanding issues related to removal of any encumbrances and pre-encumbrances:
(B) The need for reconciliation of the capital project budget and expenditures between the buyer agency and the seller agency related to the memorandum of understanding; or
(C) Needed accounting entries necessary to zero out the budget balance for the memorandum of understanding.
(2) After the 60-day reconciliation period required by subsection (a) of this section, the OCFO, through its Director of Capital Improvements, shall adjust entries to ensure the close of the funding line for a memorandum of understanding associated with a capital project, with no outstanding balances remaining.
(c) Any surplus capital funds that the Director of Capital Improvements identifies following the 60-day reconciliation period shall be deposited in the Capital Project Support Fund.
§ 1–325.153b. Transfer of other surplus capital funds.
(a) If a department, office, or agency has a capital project with an unexpended balance of more than $250,000 for which no funds have been expended, encumbered, or pre-encumbered for 2 consecutive years, the OCFO shall provide 30 days written notice to the department, office, or agency of the CFO's intent to transfer the surplus capital funds to the Capital Project Support Fund. The CFO shall make this transfer unless the department, office, or agency to which the funds have been budgeted or allotted:
(1) Certifies to the Mayor, Council, and OCFO, within the 30-day notice period that it intends to use the funds to implement the capital project within 18 months of the certification; and
(2) Submits a satisfactory activity report to the OCFO describing the status of the implementation within 180 days from the date of certification.
(b) The OCFO shall have sole and complete discretion to determine whether the activity report required by subsection (a) of this section is satisfactory. If the OCFO determines that an activity report is unsatisfactory, the OCFO shall transfer the surplus capital funds to the Capital Project Support Fund after providing 10 days written notice to the agency.
(c) The OCFO shall transfer to the Capital Project Support Fund surplus capital funds from a capital project with an unexpended balance of $250,000 or less for which no funds have been expended or encumbered for 3 consecutive years upon the OCFO’s identification of such funds.
§ 1–325.153c. Release of encumbered or pre-encumbered funds; transfer of surplus capital funds.
(a) If a department, office, or agency has a capital project with $250,000 or less in encumbered or pre-encumbered funds that have been in an encumbered or pre-encumbered status for 2 consecutive years, the OCFO shall provide written notice to the department, office, or agency of the OCFO's identification of such funds.
(b) Within 30 days of receipt on this notice, the department, office, or agency to which the funds have been budgeted or allotted shall:
(1) Notify the OCFO in writing of its intent to expend the funds and provide a spending plan for the funds; or
(2) Release the funds.
§ 1–325.154. Reporting requirements.
The Chief Financial Officer shall submit a written report to the Mayor and the Council on a quarterly basis on the status of the Fund, including the current balance of the Fund and a list of the projects supported by the Fund.
§ 1–325.155. Washington Metropolitan Area Transit Authority project.
(a) Except as provided in § 1-325.156 and notwithstanding any other provision of this part, the budget authority for an approved capital project shall be reprogrammed, pursuant to Chapter 3 of Title 47 [§ 47-301 et seq.], for use pursuant to subchapter IV-A of Chapter 11 of Title 9 [§ 9-1108.01 et seq.]; provided, that:
(1) The capital project has been completed or the funds no longer considered necessary and budget authority remain available;
(2) For a capital project with a balance of more than $250,000, no funds have been expended or encumbered for 3 consecutive years, and the agency has not notified the Chief Financial Officer within 30 days of the end of the 3-year period that the agency intends to use the funds to implement the project within 18 months; or
(3) For a capital project with a remaining budget authority of $250,000 or less, the capital project has not been funded for 2 consecutive years.
(b) If at any time the Chief Financial Officer determines that certain funds are not needed to meet the requirements of the WMATA project, those funds may be reprogrammed, pursuant to Chapter 3 of Title 47, to any capital project that the Chief Financial Officer certifies a funding need.
§ 1–325.156. Alley Rehabilitation Project.
(a) Notwithstanding any other provision of this part, the Chief Financial Officer shall transfer to and retain in the Alley Rehabilitation Project the first $6 million of surplus capital funds identified pursuant to § 1-325.153a or § 1-325.153b, to be made available for purposes of the Alley Rehabilitation Project through a reprograming pursuant to Chapter 3 of Title 47 [§ 47-301 et seq.].
(b) This section shall expire on September 30, 2016.
