Bill Summary – FastDemocracy

ENGROSSED ORIGINAL

                                            A BILL

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                                             24-429

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            IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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                                   _______________________

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 To amend the Department of Transportation Establishment Act of 2002 to require the Director to

       enter into an agreement with the Washington Metropolitan Area Transit Authority for

       fare-free Metrobus travel and expanded after-hours Metrobus service in the District and

       to establish the District Resident Transit Subsidy Program, which provides to eligible

       District residents a subsidy for use on public transit; to establish the Fare-Free Bus

       Service Fund, which provides for fare-free Metrobus transportation within the District; to

       establish the Bus Service Enhancement Fund, which directs investments to areas of

       transportation need and historically disadvantaged communities for the purposes of

       improving transit service or increasing ridership; to amend section 47-1803.02 of the

       District of Columbia Official Code to exclude from gross income subsidies provided

       pursuant to the District Resident Transit Subsidy Program; and to direct certain revenues

       to the Fare-Free Bus Service Fund and the Bus Service Enhancement Fund.

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        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the Metro for D.C. Amendment Act of 2022.

        Sec. 2. The Department of Transportation Establishment Act of 2002, effective May 21,

 2002 (D.C. Law 14-137; D.C. Official Code  50-921.01 et seq.), is amended as follows:

        (a) Section 3 (D.C. Official Code  50-921.02) is amended by adding a new subsection

 (h) to read as follows:

        (h)(1) Within 60 days of the effective date of the Metro for D.C. Amendment Act of

 2022, approved by the Committee of the Whole on December 6, 2022 (Committee Print of Bill

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 24-429), the Director shall enter into a fare buydown agreement with the Washington Area

 Metropolitan Transit Authority to facilitate:

                        (A) The provision of fare-free Metrobus transportation within the

 District; and

                        (B)(i) Daily 24-hour Metrobus service on at least 12 Metrobus lines in

 the District, with a maximum of 20 minutes between any scheduled bus arrival at any stop.

                                  (ii) The Metrobus lines identified in subparagraph (B)(i) of this

 paragraph shall be determined based on high ridership, with an emphasis on serving major

 transportation corridors and activity centers.

                 (2) The Director may amend the fare buydown agreement required by paragraph

 (1) of this subsection or enter in additional fare buydown agreements in order to expand the

 availability of Metrobus service within the District..

        (b) A new title VI is added to read as follows:

        TITLE VI. TRANSIT SUBSIDIES FOR DISTRICT RESIDENTS.

        Sec. 11t. Definitions.

        For the purposes of this title, the term:

                 (1) DDOT means the District Department of Transportation.

                 (2) Participant means an individual who has applied and been determined

 eligible for the Program within the prior 12 months, pursuant to section 11w.

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                (3) Program means the District Resident Transit Subsidy Program, established

 by section 11u.

                (4) WMATA means the Washington Metropolitan Area Transit Authority.

        Sec. 11u. Transit Subsidy Program established.

        (a) There is established a District Resident Transit Subsidy Program, which shall be

 administered by DDOT, to provide subsidies to participants for travel on any transportation that

 accepts payment through a SmarTrip card issued by WMATA or a similar transit card utilized by

 WMATA or any other agency in the District or another jurisdiction with which the Mayor has

 entered into an agreement pursuant to subsection (b) of this section.

        (b) The Mayor shall enter into an agreement with WMATA, and may enter into an

 agreement with any other agency in the District or another jurisdiction, to manage subsidies

 provided by the Program, including to:

                (1) Make payments onto a transit card for the transportation of participants; and

                (2) Track the value of subsidies paid, fare payments, and remaining subsidy

 balances on each transit card registered to a participant, such that funds deposited for the purpose

 of this subsidy:

                        (A) Are tracked separately from other funds deposited on the same transit

 card; and

                        (B) Are tracked separately from and not used to pay for parking.

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        (c) Assistance provided pursuant to this title shall not constitute an entitlement nor be

 considered income for the purpose of determining eligibility for public assistance.

        Sec. 11v. Transit subsidy payments.

        (a) DDOT shall, on the first day of each month, disburse funds to the transit card of

 participants such that the total amount of subsidy dollars available on each participants transit

 card equals $100.

        (b) Upon the cancellation or expiration of a participants transit card, WMATA or

 another agency shall revert to the District any remaining funds on the transit card disbursed

 pursuant to the Program.

        Sec. 11w. Eligibility.

        (a)(1) A person shall be eligible to receive a subsidy under the Program if the person:

                        (A) Provides DDOT with proof of District residency;

                        (B) Certifies that the person is 5 years of age or older; and

                        (C) Is not, at the time of application or renewal, a recipient of

                                  (i) Another subsidy paid by the federal government that is

 deposited on a SmarTrip card issued by WMATA or any other transit card; or

                                  (ii) Free transit fares from the Kids Ride Free Program pursuant

 to section 6044 of the Student, Foster Youth, Summer Youth Employee, and Adult Learner

 Transit Subsidies Act of 2019, effective September 11, 2019 (D.C. Law 23-16; D.C. Official

 Code  35243).

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                  (2) DDOT may enter into an agreement with a District or federal agency to share

  information necessary to determine a persons eligibility pursuant to paragraph (1) of this

  subsection.

                  (3) Notwithstanding paragraph (1) of this subsection, DDOT may, by rule,

  further restrict eligibility to receive a subsidy under the Program to applicants who do not, at the

  time of application, receive another subsidy paid by the District government or the applicants

  employer that is deposited on a SmarTrip card issued by WMATA or any other transit card.

                  (4) DDOT may require a minors parent or guardian or school to file an

  application on behalf of the minor to participate in the Program.

          (b)(1) DDOT shall establish a process for persons to apply for a subsidy under this title,

  which, at a minimum, shall include accepting applications online through the DDOT website and

 in hard copy via mail, including development of an application and a website that includes

 information on the Program, how to apply, and non-profit assistance available pursuant to

 subsection (e) of this section.

                 (2) The Mayor shall make the application available online on the DDOT website

 and in hard copy at Department of Parks and Recreation and District of Columbia Public Library

 facilities open to the public.

         (c) DDOT shall promulgate a list of the documentation or other proof an applicant, who

 is not otherwise presumed to be a District resident pursuant to this subsection, may submit to

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 prove the applicant is a resident of the District; except, that an applicant shall be presumed to be

 a District resident if:

                 (1) During the previous year, the applicant filed an income tax return, pursuant

 to Subchapter VI of Chapter 18 of Title 47 of the District of Columbia Official Code, as a

 resident of the District;

                 (2) The applicant is currently having District income tax withheld from their

 wages;

                 (3) The applicant receives public assistance, as that term is defined in section

 101(6) of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C.

 Law 4-101; D.C. Official Code  4-201.01(6)), administered by a District agency; or

                 (4) An organization certified by the Department of Human Services to document

 the homeless status of an individual has completed a social service proof of residency form,

 certifying that the applicant is a District resident.

          (d) Twelve months after first receipt of a subsidy under the Program, and every year

 thereafter, a participant shall recertify the participants eligibility for the Program. DDOT shall

 confirm that, at the time of application, the participant remains eligible under subsection (a) of

 this section.

          (e)(1) DDOT shall maintain a list on its website of nonprofit organizations that offer

 services to assist persons with applying for the Program or recertifying their eligibility.

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                (2) DDOT shall provide notice on both the online and hard copy applications for

 the Program that nonprofit organizations are available to provide assistances. Such notice shall

 include a link to the list of nonprofit organizations on DDOTs website required by paragraph (1)

 of this subsection.

                (3) DDOT may provide grants to nonprofit organizations for the purpose of:

                        (A) Assisting applicants with applying for the Program or recertifying

 their eligibility, including providing proof of residency;

                        (B) Purchasing SmarTrip or other transit cards for participants;

                        (C) Providing guidance on Program eligibility; and

                        (D) Providing other services necessary for residents to access the subsidy

 provided under the Program.

        Sec. 11x. Authorization to negotiate fares.

        The Mayor is authorized to enter into an agreement with WMATA or other agencies for

 reduced transit fares for participants.

        Sec. 11y. [Reserved]

        Sec. 11z. Fare-Free Bus Fund established.

        (a) There is established as a special fund the Fare-Free Bus Service Fund (Fund),

 which shall be administered by the Mayor in accordance with subsection (c) of this section.

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         (b) Provided that the Chief Financial Officer certifies that sufficient revenue exists

 pursuant to section 11bb, there shall be deposited into the Fund general retail sales tax revenue

 collected pursuant to Chapter 20 of Title 47 of the D.C. Official Code as follows:

                 (1) In Fiscal Year 2023 -- $11 million;

                 (2) In Fiscal Year 2024 -- $43.03 million; and

                 (3) In Fiscal Year 2025 -- $45.18 million;

                 (4) In Fiscal Year 2026 -- $47.44 million; and

                 (5) For each succeeding fiscal year after Fiscal Year 2026, an amount equal to

 105% of the prior years amount.

         (c) Money in the Fund shall be used to support the fare buydown agreement entered into

 pursuant to section 3(h) to provide fare-free Metrobus transportation within the District and 24-

 hour daily Metrobus service on Metrobus lines as specified by the fare buydown agreement.

         (d)(1) The money deposited into the Fund but not expended in a fiscal year shall not

 revert to the unassigned fund balance of the General Fund of the District of Columbia at the end

 of a fiscal year, or at any other time.

                 (2) Subject to authorization in an approved budget and financial plan, any funds

 appropriated in the Fund shall be continually available without regard to fiscal year limitation.

         Sec. 11aa. Bus Service Enhancement Fund established.

         (a) There is established as a special fund the Bus Service Enhancement Fund (Fund),

 which shall be administered by DDOT in accordance with subsection (c) of this section.

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        (b) Provided that the Chief Financial Officer certifies that sufficient revenue exists

 pursuant to section 11bb, there shall be deposited into the Fund general retail sales tax revenue

 collected pursuant to Chapter 20 of Title 47 of the D.C. Official Code as follows:

                (1) In Fiscal Year 2023, $2.5 million; and

                (2) For each succeeding fiscal year after Fiscal Year 2023, $10 million.

        (c) Money in the Fund shall be used to improve transit access or service in areas

 identified in DDOTs Multimodal Long-Range Transportation Plan as areas of high

 transportation need or historically underserved communities, or to serve residents of those areas

 as follows:

                (1) Making payments to WMATA to:

                        (A) Create new bus routes not in operation before July 1, 2023; or

                        (B) Extend service hours, shorten headways, or make other service

 improvements for an existing bus route;

                (2) Used by DDOT to:

                        (A) Operate new DC Circulator or DC Streetcar routes not in operation

 before July 1, 2023;

                        (B) Extend service hours, shorten headways, or make other service

 improvements for an existing DC Circulator or DC Streetcar line; or

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                         (C) Install, lease, maintain, or operate infrastructure that DDOT

 determines will increase ridership or improve transit service, including dedicated transit lanes,

 signal priority, bus shelters, payment kiosks, or other amenities; or

                 (3) Funding studies to support increased ridership or improved transit service.

         (d)(1) The money deposited into the Fund but not expended in a fiscal year shall not

 revert to the unassigned fund balance of the General Fund of the District of Columbia at the end

 of a fiscal year, or at any other time.

                 (2) Subject to authorization in an approved budget and financial plan, any funds

 appropriated in the Fund shall be continually available without regard to fiscal year limitation.

         Sec. 11bb. Revised revenue allocation for bus service.

         (a)(1) The fiscal impact of the general sales tax dedication to the Fare-Free Bus Service

 Fund, established pursuant to section 11z, and the general sales tax dedication to the Bus Service

 Enhancement Fund, established pursuant to section 11aa, shall be offset, in that order, by local

 fiscal year recurring revenues included in the Chief Financial Officers December 2022 revenue

 estimate and, if necessary, the February 2023 revenue estimate, that exceed the local fund

 revenue incorporated in the Fiscal Year 2023 approved budget and financial plan.

                 (2) If the excess revenue included in the December 2022 revenue is not sufficient

 to fully offset the dedication to the Fare-Free Bus Service Enhancement Fund and the Bus

 Service Enhancement Fund, the excess revenue shall be set aside first to the Fare-First Bus

 Service Enhancement Fund until that is fully funded.

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         (b) In the December 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 for Fiscal Year 2023 through Fiscal Year

 2026, as incorporated in the approved budget and financial plan for Fiscal Year 2023;

                 (2) Whether such excess revenues are in an amount sufficient to offset the

 general sales tax dedication identified in subsection (a) of this section; and if not, what amount

 has been set aside;

                 (3) That all such excess revenues have been set aside to ensure the general sales

 tax dedication identified in subsection (a) of this section is fully offset.

         (c) In the February 2023 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 for Fiscal Year 2023 through Fiscal Year

 2026, as incorporated in the approved budget and financial plan for Fiscal Year 2023;

                 (2) Whether such excess revenues, together with the excess revenues identified

 pursuant to this subsection in the December 2022 revenue estimate, are in an amount sufficient to

 offset the general sales tax dedication 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 the December 2022 revenue estimate, have been set aside to ensure

 the general sales tax dedication identified in subsection (a) of this section is fully offset.

         Sec. 11cc. Rules.

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        The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure

 Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code  2-501 et seq.), shall issue

 rules to implement the provisions of this title.

        Sec.