B 24-0429 — Metro for D.C. Amendment Act of 2021

“(e)(1) The Department shall maintain a list of nonprofit organizations certified by the Department to assist District residents, whose income does not exceed 200% of the federal poverty level and who are eligible for a subsidy pursuant to this subtitle, with the application process developed pursuant to subsection (d) of this section.

“(2) The Department may provide grants to nonprofit organizations certified pursuant to paragraph (1), including for the purpose of:

“(A) Providing case management services, related to the subsidy 89 provided pursuant to this title, for District residents whose income does not exceed 200% of the federal poverty level;

and “(B) Purchasing SmarTrip cards for District residents whose income does not exceed 200% of the federal poverty level.

Transit subsidySubsidy payments.Program established.

“(a) BasedThere onis theestablished availabilitya ofDistrict fundsResident identifiedTransit pursuantSubsidy toProgram, sectionwhich 11zshall ofbe thisadministered act,by andDDOT, pursuantto provide subsidies to theparticipants requirementsfor oftravel subsectionon (b)any oftransportation thisthat section,accepts payment through a SmarTrip card issued by WMATA or a similar transit card utilized by WMATA or any other agency in the DepartmentDistrict shallor makeanother paymentsjurisdiction towith which the Mayor has entered into an eligibleagreement applicantpursuant asto follows:subsection (b) of this section.

“(1)“(b) UponThe aMayor determinationshall thatenter theinto applicantan isagreement eligible,with pursuantWMATA, toand sectionmay 11t(c),enter tointo receivean aagreement subsidywith pursuantany toother thisagency title,in the DepartmentDistrict shallor depositanother $100jurisdiction, into amanage segregatedsubsidies purse,provided pursuantby subsectionthe (c)Program, ofincluding thisto: section.

“(2)“(1) OnMake thepayments firstonto day of the month after the Department makes a deposittransit pursuantcard tofor paragraph (1) of subsection (a) of this section, and monthly thereafter, the Departmenttransportation shall deposit, in the available balance of theparticipants; District resident’s segregated purse, an amount that causes the total available balance of the District resident’s segregated purse to equal $100.

“(3)and The“(2) balanceTrack the value of thesubsidies Districtpaid, resident’sfare segregatedpayments, purseand shallremaining notsubsidy exceedbalances $100.on each transit card registered to a participant, such that funds deposited for the purpose of this subsidy:

“(b)“(A) TheAre Departmenttracked shallseparately allocatefrom other funds setdeposited asideon for the Programsame intransit thecard; Transit Subsidy Fund, established pursuant to section 11y of this act, to eligible District residents in the following priority:

“(1)and First,“(B) toAre Districttracked residentsseparately withfrom anand incomenot ofused 300%to ofpay thefor federalparking. poverty level or less;

“(2)ENGROSSED Second,ORIGINAL to“(c) DistrictAssistance residentsprovided withpursuant anto incomethis moretitle thanshall 300%not ofconstitute thean federalentitlement povertynor levelbe andconsidered lessincome thanfor 100%the purpose of thedetermining Areaeligibility Medianfor Income;public assistance.

“(3) Third, to District residents with an income of at least 100% of the Area Median Income and less than $155,000;

and “(4) Fourth, to District residents with an income of $155,000 or more.

“(c) Payments made to the Washington Metropolitan Area Transit Authority for travel on public transportation by an eligible applicant pursuant to this section shall be deposited on a SmarTrip card, registered in the eligible applicant’s name, in a segregated purse, as described in section 11t(b)(2).

“(d) Payments made pursuant to this section shall not be considered income for the purpose of determining eligibility for public assistance.

ProofTransit ofsubsidy residency.payments.

“(a)(1)“(a) WhenDDOT shall, on the first applyingday toof receiveeach paymentsmonth, pursuantdisburse funds to thisthe title,transit ancard applicantof shallparticipants provide,such inthat athe formtotal determinedamount byof thesubsidy Department,dollars proofavailable thaton theeach applicantparticipant’s istransit acard Districtequals resident.$100.

“(2)(A)“(b) TwelveUpon monthsthe aftercancellation beingor determinedexpiration eligibleof toa receiveparticipant’s paymentstransit pursuantcard, toWMATA thisor title,another andagency yearly thereafter, an eligible applicant shall recertify,revert into athe formDistrict determinedany byremaining thefunds Department,on that the eligibletransit applicantcard isdisbursed apursuant Districtto resident.the Program.

“(B)“Sec. The Department shall establish a process for a nonprofit certified pursuant to section 11t(e) of this act to complete the recertification process required pursuant to paragraph (2)(A) of this subsection.

“(b)11w. An applicant making an initial application for a subsidy pursuant to this title, or an eligible applicant recertifying pursuant to subsection (a)(2) of this section, shall be presumed to be a District resident if:

“(1)Eligibility. During the previous year, the applicant filed an income tax return, pursuant to subchapter VI of chapter 18 of Title 47 of the D.C.

Official“(a)(1) Code,A asperson shall be eligible to receive a residentsubsidy ofunder the District;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 § 35–243).

ENGROSSED ORIGINAL “(2) DDOT may enter into an agreement with a District or federal agency to share information necessary to determine a person’s 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 applicant’s employer that is deposited on a SmarTrip card issued by WMATA or any other transit card.

“(4) DDOT may require a minor’s 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 ENGROSSED ORIGINAL 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;

“(3) The applicant receives a public benefit,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.

“(c)“(d) TheTwelve Departmentmonths mayafter byfirst rulereceipt identifyof additional documents that indicates an applicant for a subsidy pursuantunder tothe thisProgram, title,and whoevery isyear notthereafter, otherwise presumed to be a Districtparticipant residentshall pursuantrecertify tothe subsectionparticipant’s (b)eligibility offor this section, currently lives in and intends to remain in the District.Program.

“(d)DDOT Theshall Departmentconfirm maythat, enterat intothe agreementstime with a District agency or an agency of theapplication, federal government to share information necessary to satisfy the presumptionparticipant ofremains residencyeligible pursuantunder to subsection (b)(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.

ENGROSSED ORIGINAL “(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 DDOT’s 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.

11w.11x.

“The Mayor is authorized to enter into negotiationsan agreement with theWMATA Washingtonor Metropolitanother Areaagencies Transit Authority for reduced transit fares for Districtparticipants. residents.

11x.11y.

Transit[Reserved] Equity“Sec. Fund established.

“(a)11z. There is established as a special fund the Transit Equity Fund (“Fund”), which shall be administered by the Department in accordance with subsections (c) and (d) of this section.

“(b)Fare-Free InBus eachFund Fiscalestablished. Year, at least $10 million shall be deposited in the Fund.

“(c)“(a) MoneyThere inis established as a special fund the Fare-Free Bus Service Fund may(“Fund”), which shall be usedadministered to:by the Mayor in accordance with subsection (c) of this section.

“(1)ENGROSSED MakeORIGINAL payments“(b) toProvided that the WashingtonChief MetropolitanFinancial AreaOfficer Transitcertifies Authoritythat (“WMATA”)sufficient revenue exists pursuant to createsection a11bb, non-regionalthere busshall linebe thatdeposited wasinto notthe inFund operationgeneral beforeretail thesales effectivetax daterevenue collected pursuant to Chapter 20 of theTitle Metro47 forof the D.C.

AmendmentOfficial ActCode of 2021, as introducedfollows: on October 1, 2021 (Bill 24- XXX), and that would improve access to transit in an area identified in the Department’s Multimodal Long-Range Transportation Plan as a transit priority need area;

“(2)“(1) OperateIn aFiscal D.C.Year 2023 -- $11 million;

Circulator“(2) lineIn thatFiscal wasYear not2024 in-- operation$43.03 beforemillion; the effective date of the Metro for D.C.

Amendment Act of 2021, as introduced on October 1, 2021 (Bill 24- XXX), and that would improve access to transit in an area identified in the Department’s Multimodal Long-Range Transportation Plan as a transit priority need area “(3) MakeIn paymentsFiscal toYear WMATA2025 to-- extend$45.18 servicemillion; hours or shorten headways for a non-regional bus line in an area identified in the Department’s Multimodal Long-Range Transportation Plan as a transit priority need area;

“(4) ProvideIn grantsFiscal pursuantYear to2026 section-- 11t(e)$47.44 ofmillion; this title;

and “(5) FundFor studieseach tosucceeding identifyfiscal transityear priorityafter needFiscal areasYear in2026, an amount equal to 105% of the District;prior year’s amount.

or“(c) “(6)Money Installin infrastructurethe thatFund shall be used to support the Departmentfare determinesbuydown willagreement increaseentered ridershipinto pursuant to section 3(h) to provide fare-free Metrobus transportation within the District and 24- hour daily Metrobus service on non-regionalMetrobus buslines operatedas specified by WMATA,the orfare abuydown D.C.agreement.

Circulator line, that serves an area identified in the Department’s Multimodal Long-Range Transportation Plan as a transit priority need area, including dedicated bus lanes, bus shelters, or payment kiosks.

11y.11aa.

TransitBus SubsidyService Fund.Enhancement Fund established.

“(a) There is established as a special fund the TransitBus SubsidyService Enhancement Fund (“Fund”), which shall be administered by theDDOT Department in accordance with subsectionssubsection (c) and (d) of this section.

ENGROSSED ORIGINAL “(b) MoneyProvided that the Chief Financial Officer certifies that sufficient revenue exists pursuant to section 11bb, there shall be deposited ininto the Fund whengeneral setretail asidesales tax revenue collected pursuant to sectionChapter 11z20 of thisTitle act.47 of the D.C.

“(c)Official MoneyCode inas thefollows: Fund shall be used to:

“(1) ProvideIn transitFiscal subsidiesYear to2023, District$2.5 residents,million; pursuant to section 11u(b) of this act;

and “(2) OperateFor theeach Districtsucceeding Residentfiscal Transityear Subsidyafter Program;Fiscal Year 2023, $10 million.

“(c) Money in the Fund shall be used to improve transit access or service in areas identified in DDOT’s 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 ENGROSSED ORIGINAL “(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.

11z.11bb.

Funding.Revised revenue allocation for bus service.

“(a)“(a)(1) The fiscal impact of the Metrogeneral forsales D.C.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 Officer’s 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.

Amendment“(2) ActIf ofthe 2021,excess asrevenue introducedincluded onin Octoberthe 1,December 20212022 (Billrevenue 24-XXX)is (“thenot Metrosufficient forto D.C.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.

Act”)ENGROSSED actORIGINAL shall“(b) beIn funded, according to the priorityDecember set2022 forthrevenue inestimate, subsection (c) of this section, by local fiscal year recurring revenues included in the Chief Financial Officer’sOfficer Septembershall 2021certify: revenue estimate and all subsequent revenue estimates that exceed the annual revenue estimate incorporated in the approved budget and financial plan for Fiscal Year 2022 through Fiscal Year 2025, until the act is fully funded as certified by the Chief Financial Officer.

“(b)“(1) InWhether and by what amount local fiscal year revenues included in the Decemberrevenue 2021estimate exceed the annual revenue estimate andfor eachFiscal ofYear the2023 subsequentthrough revenueFiscal estimates,Year 2026, as incorporated in the Chiefapproved Financialbudget Officerand shallfinancial certify:plan for Fiscal Year 2023;

“(1)“(2) Whether andsuch byexcess what amount local fiscal year revenues includedare in thean revenueamount estimatesufficient exceedto offset the annualgeneral revenuesales estimatetax fordedication Fiscalidentified Year 2022 through Fiscal Year 2025, as incorporated in thesubsection approved(a) budgetof andthis financialsection; plan for Fiscal Year 2022;

“(2)and Whetherif suchnot, excesswhat revenues,amount togetherhas withbeen theset excessaside; revenues identified pursuant to this subsection in prior revenue estimates, are:

“(A)“(3) AtThat leastall $10such millionexcess dollars;revenues have been set aside to ensure the general sales tax dedication identified in subsection (a) of this section is fully offset.

“(B)“(c) In anthe amountFebruary sufficient2023 torevenue fundestimate, the fiscalChief impactFinancial ofOfficer amendatoryshall sectioncertify: 11u(b)(1) the Metro for D.C.

Act,“(1) and,Whether ifand not,by thewhat amount oflocal additionalfiscal excessyear revenues included in the revenue necessaryestimate toexceed fundthe amendatoryannual sectionrevenue 11u(b)(1)estimate offor Fiscal Year 2023 through Fiscal Year 2026, as incorporated in the Metroapproved budget and financial plan for D.C.Fiscal Year 2023;

Act;“(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;

“(C)and After“(3) aThat sufficientall amountsuch hasexcess beenrevenues, together with the excess revenues identified pursuant to fundthis subsection in the fiscalDecember impact2022 ofrevenue amendatoryestimate, sectionhave 11u(b)(1)been ofset aside to ensure the Metrogeneral forsales D.C.tax dedication identified in subsection (a) of this section is fully offset.

Act,“Sec. in an amount sufficient to fund the fiscal impact of amendatory section 11u(b)(2) of the Metro for D.C.

Act,11cc. and, if not, the amount of additional excess revenue necessary to fund amendatory section 11u(b)(2) of the Metro for D.C.

Act;Rules.

“(D)ENGROSSED AfterORIGINAL a“The sufficientMayor, amountpursuant hasto beenTitle identifiedI toof fund the fiscalDistrict impact of amendatoryColumbia sectionAdministrative 11u(b)(2)Procedure ofAct, theapproved MetroOctober for21, D.C.1968 (82 Stat.

Act,1204; in an amount sufficient to fund the fiscal impact of amendatory section 11u(b)(3) of the Metro for D.C.

Act, and, if not, the amount of additional excess revenue necessary to fund amendatory section 11u(b)(3) of the Metro for D.C.

Act;Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this title.

“(E)“Sec. After a sufficient amount has been identified to fund the fiscal impact of amendatory section 11u(b)(3) of the Metro for D.C.

Act,11dd. in an amount sufficient to fund the fiscal impact of amendatory section 11u(b)(4) of the Metro for D.C.

Act,Reporting. and, if not, the amount of additional excess revenue necessary to fund amendatory section 11u(b)(4) of the Metro for D.C.

Act;“By January 1, 2024, and each year thereafter, DDOT shall post information publicly on its website, and, to the extent practical, make the underlying data publicly available, regarding the implementation and administration of this title.

andAt “(3)a Thatminimum, allthis suchinformation excessshall revenues,include, togetherfor with the excesspreceding revenuesfiscal identifiedyear, pursuantdata toon thisthe subsectionBus inService priorEnhancement revenueFund estimates,established havein beensection set11aa, asideincluding: to implement the Metro for D.C.

Act,“(1) accordingA tolist of services and projects receiving funding from the priorityBus setService forthEnhancement inFund, paragraphincluding (2)specific offunding thislevels subsection.if available;

“(c)and Excess“(2) recurringData revenue,on identifiedservice pursuantor toridership subsectionchanges (b)that ofoccurred thisfor section,Bus shallService beEnhancement deposited,Fund infunded theprojects.”. following order of priority, into:

“(1) The Transit Equity Fund, established by amendatory section 11x of the Metro for D.C.

Act;

and “(2) The Transit Subsidy Fund, established by amendatory section 11y of the Metro for D.C.

Act to implement the Transit Subsidy Program in the order prioritized in subsection (b) of this section.

“(d) The cost of the provisions authorized by this section shall be recalculated on an annual basis and reported in the February 2023 revenue estimate and annually thereafter.”.

Official Code § 47-1803.02(a)(2) is amended by adding a new subparagraph (LL)(YY) to read as follows:

“(LL)“(YY) A subsidy provided pursuant to sectionTitle 11uVI of the Department of Transportation Establishment Act of 2002, as introducedapproved by the Committee of the Whole on OctoberDecember 1,6, 20212022 (Bill(Committee 24-XXX;print of Bill 24-429).”.

D.C.

Official Code § 50-921.01, et seq.).”.

Applicability ENGROSSED ORIGINAL (a) ThisAmendatory actsections 11u, 11v, 11w, and 11dd of the Department of Transportation Establishment Act of 2002, as approved by the Committee of the Whole on December 6, 2022 (Committee print of Bill 24-429), within section 2 and section 3 shall apply upon the laterdate of:of inclusion of their fiscal effect in an approved budget and financial plan.

(1) October 1, 2022;

or (2) Inclusion of its fiscal effect in an approved budget and financial plan.

(2) The date of publication of the notice of the certification shall not affect the applicability of the provisions identified in subsection (a) of this act.section.

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), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December ENGROSSED ORIGINAL 24, 1973 (87 Stat.

1114