Chapter 29B. Public School Capital Spending.

Subchapter I. Public School Capital Improvement Fund.

§ 38–2971.01. Establishment of the Public School Capital Improvement Fund.

(a) There is established a nonlapsing special revenue fund to be known as the Public School Capital Improvement Fund (“Fund”), which shall be separate from the General Fund of the District of Columbia and which shall be used to provide a revenue source for the Office of Public Education Facilities Modernization.

(b) The Chief Financial Officer shall deposit into the Fund:

(1) All revenue specifically identified by any provision of District of Columbia law to be paid into the Fund; and

(2) Any federal grant or other federal funds that may be used for the purposes of the Fund.

(c) Funds deposited in the Fund shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this chapter, subject to authorization by Congress in an appropriations act.

(d) Beginning on October 1, 2006, the Chief Financial Officer shall transfer any funds deposited in the Fund to the Office of Public Education Facilities Modernization, subject to the requirements of § 38-2971.03.

(e) The appropriation of local funds to, or the existence of retained funds in, the Public School Capital Improvement Fund shall not replace local funding that otherwise would be directed to the capital budget for the Office of Public Education Facilities Modernization.

(June 8, 2006, D.C. Law 16-123, § 101, 53 DCR 2843; June 12, 2007, D.C. Law 17-9, § 1010(a), 54 DCR 4102.)

Effect of Amendments

D.C. Law 17-9 rewrote subsecs. (a), (d), and (e).

Emergency Legislation

For temporary (90 days) school modernization library funding, see § 4122 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) school modernization library funding, see § 4122 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) repeal of D.C. Law 20-61, § 4122, see § 7052(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) repeal of D.C. Law 20-61, § 4122, see § 7042(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of D.C. Law 20-61, § 4122, see § 7042(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Short Title

Section 4121 of D.C. Law 20-61 provided that Subtitle L of Title IV of the act may be cited as the “School Modernization Library Initial Circulation Funding Act of 2013”.

Editor's Notes

Section 4122 of D.C. Law 20-61 provided that for any completed school modernization, unexpended capital funds shall first be used to purchase the initial circulation in that school’s library before being reprogrammed for any other purpose.

Section 7042(b) of D.C. Law 20-155 repealed D.C. Law 20-61, § 4122.

§ 38–2971.02. Cost-of-construction adjustment for the Fund attributable to District of Columbia Public School capital budgets. [Repealed]

Repealed.

§ 38–2971.03. Use of Fund.

(a)(1) Funds transferred to the Office of Public Education Facilities Modernization from the Fund are in addition to the annual capital budget appropriation for the Office of Public Education Facilities Modernization, as required in § 47-305.02 [repealed], and shall be used in conjunction with the annual capital appropriation to finance, pursuant to § 38-2973.03, the modernization of public school facilities.

(2) For the purposes of this chapter, the term “modernization” means a construction project designed to bring an existing school building and its grounds up to current standards for condition, design, and utilization, as defined by the District of Columbia Public Schools educational requirements and current building codes. Modernization can include partial or complete demolition, new construction, and rehabilitation of existing building fabric, in any combination.

(b) No funds transferred to the Office of Public Education Facilities Modernization pursuant to this subchapter and subchapter II of this chapter shall be spent except to fund the Office of Public Education Facilities Modernization and to modernize District of Columbia Public Schools in accordance with the Facilities Master Plan and the Capital Improvement Plan and Budget.

(c) No funds shall be transferred by the Chief Financial Officer to the Office of Public Education Facilities Modernization unless the facilities management organizational strategy required by § 38-2971.04 has been submitted to and approved by the Council.

(c-1)(1) Except as provided in paragraph (3) of this subsection, funds provided pursuant to this chapter shall not be spent for any other purposes than those specified in the work program submitted to the Council on December 3, 2007 (“December submission”), and shall not exceed the amounts specified in the December submission without approval of the Council of an amended work program.

(2) An amended work program for any revisions in purpose or amount of any project or activity shall be submitted, along with a proposed resolution, to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the amended work program within the 45-day period, by resolution, the amended work program shall be deemed disapproved.

(3) Notwithstanding the requirements of paragraph (1) of this subsection, funds may be expended on:

(A) School Consolidation, including PreK-8 Renovation, Receiving School Blitz, Relocation, and Furniture Fixtures and Equipment, not to exceed $92 million, except as additional funds may be necessary to provide for an increase in Pre-Kindergarten enrollment;

(B) School Stabilization; including General Improvements, A/C and Electrical Upgrades, Boiler Readiness, Roof Repairs, Life/Safety Code, Program Management, and ADA Compliance, not to exceed $120 million;

(C) School Modernizations, as set forth on pages 100-119 of the December submission, not to exceed $434.5 million in addition to intra-District transfers;

(D) Technology development, pursuant to an intra-District agreement between OFM and the Office of the Chief Technology Officer, not to exceed $15 million;

(E) Athletic Facilities, not to exceed $36 million; and

(F) Such amounts as may be necessary to pay the U.S. Corps of Engineers for prior work.

(1) The Chief Financial Officer shall provide authority to obligate funds to the OFM to modernize and make capital improvements to District of Columbia Public Schools under this chapter if:

(A) The Facilities Master Plan is submitted as required by subsection (b) of this section and certified as required by paragraph (2) of this subsection; or

(B) The work program is submitted as required by subsection (c) or subsection (c-1) of this section, if applicable, of this section and certified as required by paragraph (2) of this subsection.

(2) The Chief Financial Officer shall transfer funds pursuant to this section only upon receipt of written certification from the Secretary to the Council of the District of Columbia that the requirements of § 38-2973.03 have been met.

(June 8, 2006, D.C. Law 16-123, § 103, 53 DCR 2843; June 12, 2007, D.C. Law 17-9, § 1010(c), 54 DCR 4102; Aug. 16, 2008, D.C. Law 17-219, § 4021, 55 DCR 7598.)

Section References

This section is referenced in § 38-2971.01.

Effect of Amendments

D.C. Law 17-9 rewrote subsecs. (a)(1), (b), (c), and (d).

D.C. Law 17-219, in subsec. (a)(1), deleted “and to pay for the budget and administrative costs of the Office of Public Education Facilities Modernization” following “facilities”; added subsec. (c-1); and rewrote subsec. (d), which had read as follows: “(d) The Chief Financial Officer shall transfer funds pursuant to this section only upon receipt of written certification from the Secretary to the Council of the District of Columbia that the requirements of § 38-2973.03 have been met.”

D.C. Law 17-219, § 4021(b), purported to amend subsection (b) and § 4021(d)(2) purported to amend subsection (d).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of School Modernization Funds Submission Requirements Waiver Emergency Amendment Act of 2007 (D.C. Act 17-30, April 19, 2007, 54 DCR 4079).

For temporary (90 day) amendment of section, see § 2 of School Modernization Use of Funds Requirements Emergency Amendment Act of 2007 (D.C. Act 17-129, October 5, 2007, 54 DCR 10030).

For temporary (90 day) amendment of section, see § 2 of School Modernization Use of Funds Requirement Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-229, December 27, 2007, 55 DCR 225).

For temporary (90 day) amendment, see § 4021 of Fiscal Year 2009 Budget Support Emergency Act of 2008 (D.C. Act 17-468, July 28, 2008, 55 DCR 8746).

Temporary Legislation

Section 2 of D.C. Law 17-15 repealed subsecs. (b), (c), and (d).

Section 5(b) of D.C. Law 17-15 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 17-97 amended subsecs. (b), (c), and (d) to read as follows:

“(b) Funding authority provided to the Office of Public Education Facilities Modernization (”OFM“) pursuant to this title shall be spent to fund the OFM and to modernize District of Columbia Public Schools in accordance with the Capital Improvement Plan and Budget and the Facilities Master Plan. The Facilities Master Plan shall be submitted to the Council for its approval no later than May 31, 2008.

“(c) Notwithstanding any other law, a work program detailing the activities and capital projects to be undertaken by OFM for fiscal year 2008 and a proposed organizational structure for OFM, which includes the information listed in section 104(a)(1) through (7), shall be submitted within 60 days of the effective date of the School Modernization Use of Funds Requirements Emergency Amendment Act of 2007, effective October 5, 2007 (D.C. Act 17-129; 54 DCR 10030), and approved by the Council.

“(d)(1) The Chief Financial Officer shall not continue to provide authority to obligate funds to the OFM to modernize District of Columbia Public Schools under this title if either of the following submission deadlines is missed:

“(A) The Facilities Master Plan is not submitted as required by subsection (b) of this section and certified as required by paragraph (2) of this subsection; or

“(B) The work program and proposed organizational structure are not submitted as required by subsection (c) of this section and certified as required by paragraph (2) of this subsection.

“(2) The Chief Financial Officer shall continue to provide authority to obligate funds only upon receipt of written certification from the Secretary to the Council of the District of Columbia that the submission requirements of subsection (b) or (c) of this section, whichever is applicable, have been met.”

Section 7(b) of D.C. Law 17-97 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 4020 of D.C. Law 17-219 provided that subtitle J of title IV of the act may be cited as the “School Modernization Financing Amendment Act of 2008”.

§ 38–2971.04. Establishment of the Public School Capital Improvement Fund.

(a) No later than May 1, 2006, the Superintendent and Board of Education shall submit to the Council for approval by resolution a comprehensive facilities management organizational strategy that shall include:

(1) The specific staffing and organizational structure charged with overseeing and implementing the school capital improvement program, which may include creating in-house capacity or using private project management or a combination thereof, and the rationale for the structure chosen;

(2) A detailed timeline with specific milestones needed for the development and implementation of the staffing and organizational structure;

(3) Implementation procedures detailing an annual schedule, project eligibility criteria, and definitions of all eligible project types;

(4) Measures of program accountability and project management that will be implemented by the Director of the Office of Public Education Facilities Modernization to ensure that the capital expenditures remain aligned with the approved Facilities Master Plan and the capital budget of the Office of Public Education Facilities Modernization;

(5) A summary report of the school facility condition assessment that was used to inform the development of the revised Facilities Master Plan;

(6) A detailed plan establishing how and when the school system will address issues of excess capacity and facilities space, including consolidation, closure, and co-locations; and

(7) Recommendations for policy and legislative changes necessary for the efficient expenditure of the capital budget.

(b) If the Council does not approve or disapprove of the facilities management organizational strategy submitted pursuant to subsection (a) of this section by resolution within 30 days of its submission, the organizational strategy shall be deemed approved.

(c) If the Council disapproves the facilities management organizational strategy submitted pursuant to subsection (a) of this section, the Superintendent and Board of Education may resubmit, within 30 days of the disapproval, a revised version to the Council. If the Council does not approve or disapprove of the facilities management organizational strategy submitted pursuant to this subsection by resolution within 30 days of its submission, the organizational strategy shall be deemed approved.

Subchapter II. Fiscal Effect.

§ 38–2972.01. Funding the fiscal effect of subchapter I of this chapter.

(a) The revenue to offset reductions to the General Fund of District of Columbia resulting from the deposit of revenue into the Fund shall be funded from the following sources, in the following order of priority, and shall not be allocated for any other uses or purposes until subchapter I of this chapter is fully funded:

(1) The unallocated local revenues, from existing revenue sources, in the revised quarterly revenue estimates of the Chief Financial Officer, beginning September 2005, through May 2006, which are estimated by the Chief Financial Officer to be collected in fiscal years 2007, 2008, and 2009; provided, that such allocation shall be subject to the funding the fiscal effect of the following acts:

(A) The New Columbia Community Land Trust 22nd and Channing Streets, N.E. Tax Exemption Emergency Act of 2005, effective December 22, 2005 (D.C. Act 16-243; 53 DCR 266);

(B) The Self-Assessing Taxpayer Fairness in Notice Emergency Act of 2005, effective December 22, 2005 (D.C. Act 16-241; 53 DCR 262);

(D) The National Community Reinvestment Coalition Real Property Tax Exemption Act of 2005, ( 47-1071) (D.C. Act 16-222) [D.C. Law 16-60, effective March 8, 2006];

(E) The February Revised Revenue Allocation Emergency Act of 2006, effective February 27, 2006 (D.C. Act 16-297);

(F) The Triangle Community Garden Equitable Real Property Tax Exemption and Relief Emergency Act of 2006, effective March 23, 2006 (D.C. Act 16-330; 53 DCR 2589); and

(G) The Far Southeast Community Organization Tax Exemption and Forgiveness for Accrued Taxes Emergency Act of 2006 [D.C. Act 16-372, effective May 19, 2006].(D.C. Act 16-372; 53 DCR 4384).

(2) In fiscal year 2007, the unrestricted balance of the General Fund of the District of Columbia, subject to any funds required pursuant to § 42-2802(c)(16), as certified pursuant to the annual audit, as of the end of fiscal year 2007.

(3) Repealed.

(b) The Mayor shall submit an annual budget which incorporates the allocations of revenues as provided in subsection (a) of this section. The Mayor shall incorporate such allocations in any supplemental budget submission.

(June 8, 2006, D.C. Law 16-123, § 141, 53 DCR 2843; Mar. 2, 2007, D.C. Law 16-192, § 1132(a), 53 DCR 6899; Mar. 25, 2009, D.C. Law 17-353, § 108(a), 56 DCR 1117.)

Effect of Amendments

D.C. Law 16-192, in subsec. (a)(1), substituted “beginning September 2005, through May 2006,” for “beginning September 2005,”; in subsec. (a)(2), substituted “In” for “Beginning for” and substituted “as of the end of fiscal year 2007” for “to be applied to the fiscal year 2 years following the audited fiscal year”; and repealed subsec. (a)(3), which had read as follows: “(3) The increase in deed recordation and transfer taxes as provided under §§ 42-1103(a-3) and 47-903(a-2).”

D.C. Law 17-353 validated previously made technical corrections in the section heading and subsec. (a).

Emergency Legislation

For temporary (90 day) amendment of section, see § 1132(a) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 1132(a) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 1132(a) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

Short Title

Short title: Section 1131 of D.C. Law 16-192 provided that subtitle L of title I of the act may be cited as the “School Modernization Financing Amendment Act of 2006”.

Editor's Notes

Section 401 of D.C. Law 16-123 provided: “Sec. 401. Sunset. If, pursuant to section 141(a)(1), there are unallocated local revenues, from existing revenue sources, sufficient to fund Title I, then section 141(a)(2) and (3), and section 161 shall sunset.”.

Subchapter III. Public School Capital Improvement Expenditure Accountability.

§ 38–2973.01. Establishment of Public School Modernization Advisory Committee. [Repealed]

Repealed.

(June 8, 2006, D.C. Law 16-123, § 201, 53 DCR 2843; June 12, 2007, D.C. Law 17-9, § 1010(e), 54 DCR 4102; Apr. 27, 2012, D.C. Law 19-124, § 501(o), 59 DCR 1862; May 2, 2015, D.C. Law 20-271, § 264(a), 62 DCR 1884.)

Effect of Amendments

D.C. Law 17-9 rewrote subsecs. (a), (b), (d), (f), and (g).

D.C. Law 19-124, in subsec. (f), substituted “§ 1-1162.24” for “§ 1-1106.02”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 401(o) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary (90 days) repeal of this section, see § 264(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) repeal of this section, see § 264(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

§ 38–2973.02. Public School Modernization Advisory Committee functions and coordination with the Director of the Office of Public Education Facilities Modernization. [Repealed]

Repealed.

(June 8, 2006, D.C. Law 16-123, § 202, 53 DCR 2843; June 12, 2007, D.C. Law 17-9, § 1010(f), 54 DCR 4102; May 2, 2015, D.C. Law 20-271, § 264(b), 62 DCR 1884.)

Effect of Amendments

D.C. Law 17-9 rewrote the section.

Emergency Legislation

For temporary (90 days) repeal of this section, see § 264(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) repeal of this section, see § 264(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

§ 38–2973.03. Annual adoption of Capital Improvement Plan and Budget. [Repealed]

Repealed.

§ 38–2973.04. Compliance with District, local, small and disadvantaged businesses contracting requirements.

(a) The Office of Public Education Facilities Modernization shall take all measures as shall be reasonably necessary to assure that all contracts entered into by the Office of Public Education Facilities Modernization or any agency or instrumentality of the Office of Public Education Facilities Modernization with respect to any project designated in the Facilities Master Plan shall comply with the requirements of subchapter IX-A of Chapter 2 of Title 2.

(b) The Office of Public Education Facilities Modernization shall take all measures as shall be reasonably necessary to assure that all contracts entered into by the Office of Public Education Facilities Modernization or any agency or instrumentality of the Office of Public Education Facilities Modernization with respect to each major phase of development and construction of any project designated in the Facilities Master Plan, including contracts for architectural, engineering, and construction services, shall provide that at least 35% of the work in the aggregate under such contracts shall be awarded to local business enterprises, small business enterprises, or disadvantaged business enterprises, as such terms are defined in § 2-218.02; provided, that if the 35% requirement is unattainable, the Office of Public Education Facilities Modernization shall report this to the Council for reconsideration.

(c) The Office of Public Education Facilities Modernization shall take all measures as shall be reasonably necessary to assure that all contracts entered into by the Office of Public Education Facilities Modernization or any agency or instrumentality of the Office of Public Education Facilities Modernization with respect to the development and construction of an any project designated in the Facilities Master Plan shall comply with First Source Employment requirements of subchapter X of Chapter 2 of Title 2.

(d)(1) The Office of Public Education Facilities Modernization shall take all measures as shall be reasonably necessary to assure that all contracts entered into by the Office of Public Education Facilities Modernization or any agency or instrumentality of the Office of Public Education Facilities Modernization with respect to the development and construction of any project designated in the Facilities Master Plan shall comply with the requirements of subchapter I of Chapter 14 of Title 32.

(2)(A) 50% of all apprenticeship hours performed pursuant to apprenticeship programs related to the construction and operation of any project designated in the Facilities Master Plan shall be performed by District of Columbia residents.

(B) Any prime contractor or subcontractor that fails to make a good-faith effort to comply with the requirements of this paragraph shall be subject to a monetary fine in the amount of 5% of the direct or indirect labor costs of the contract. Fines shall be imposed by the Contracting Officer and remitted to the Department of Employment Services to be applied to job training programs, subject to appropriations by Congress.

§ 38–2973.05. Audit of capital improvement projects. [Repealed]

Repealed.