D.C. Act 21-415. Fiscal Year 2016 Second Revised Budget Request Emergency Adjustment Act of 2016.

D.C. Act 21-415. Fiscal Year 2016 Second Revised Budget Request Emergency Adjustment Act of 2016.

AN ACT

To adjust, on an emergency basis, certain allocations requested in the Fiscal Year 2016 Budget Request Act of 2015 pursuant to the Omnibus Appropriations Act, 2009.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Fiscal Year 2016 Second Revised Budget Request Emergency Adjustment Act of 2016".

Sec. 2. Pursuant to section 817 of the Omnibus Appropriations Act, 2009, approved March 13, 2009 (123 Stat. 699; D.C. Official Code § 47-369.02), the Fiscal Year 2016 budgets for the following agencies shall be adjusted by the following amounts:

TITLE II. DISTRICT OF COLUMBIA FUNDS—SUMMARY OF EXPENSES

$39,971,000 is removed from local funds; and $3,000,000 is increased in other funds; to be allocated as follows:

Governmental Direction and Support

The appropriation for Governmental Direction and Support is increased by $25,000 in local funds; to be allocated as follows:

(1) Office of the Secretary. – $25,000 is added to be available in local funds.

Economic Development and Regulation

The appropriation for Economic Development and Regulation is decreased by $35,000 in local funds and increased by $3,000,000 in other funds; to be allocated as follows:

(1) Department of Employment Services. – ($100,000) is removed from local funds;

(2) Office of the Deputy Mayor for Planning and Economic Development. – $3,000,000 is added to be available in other funds; provided, that this amount shall be available for the Walter Reed Redevelopment Fund established by section 7 of the Walter Reed Development Omnibus Act of 2016, effective May 18, 2016 (D.C. Law 21-119; 63 DCR 4678);

(3) Office of Planning. – ($110,000) is removed from local funds; and

(4) Office of Zoning. – $175,000 is added to be available in local funds.

Public Safety and Justice

The appropriation for Public Safety and Justice is decreased by $1,650,000 in local funds; to be allocated as follows:

(1) Metropolitan Police Department. – ($1,100,000) is removed from local funds;

(2) Fire and Emergency Medical Services Department. – ($375,000) is removed from local funds;

(3) Criminal Justice Coordinating Council. – ($75,000) is removed from local funds; and

(4) Department of Forensic Sciences. – ($100,000) is removed from local funds.

Public Education System

The appropriation for the Public Education System is decreased by $768,000 in local funds; to be allocated as follows:

(1) Office of the State Superintendent of Education. – $144,000 is added to be available in local funds; provided, that of the total amount budgeted for the Office, $2,300,000 shall be transferred from Nutrition Services (program D500/D501, index LD500, PCA LF501, object 0506) to Professional Development Assistance (program D800/D805, index LD800, PCA LF805, object 0409);

(2) District of Columbia Public Library. – $88,000 is added to be available in local funds;

(3) Special Education Transportation. – ($1,000,000) is removed from local funds;

(4) District of Columbia Public Schools. – all funds deposited, without regard to fiscal year, into assigned local fund balance from the settlement in United States ex rel. Mills v. Compass Group North America et al., 2013 CAB SLD 004624, are authorized for expenditure and shall remain available for expenditure until September 30, 2016; provided further, that the District of Columbia Public Schools ("DCPS") is authorized to spend appropriated funds to pay for DCPS-sponsored student travel, including the cost of transportation, lodging, meals, and admission fees for students and adult chaperones, to locations and venues outside DCPS facilities in accordance with rules promulgated by the Chancellor pursuant to section 105(c)(5) of the District of Columbia Public Education Reform Amendment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-174(c)(5)); provided, that such travel be related to the students' curriculum or for the purpose of rewarding student curricular or extra-curricular achievement; and

(5) District of Columbia Public Charter Schools. - there shall be appropriated to the District of Columbia public charter schools on July 1, 2016 an amount equal to 35% or, for new charter school Local Education Agencies that opened for operations for the first time after December 31, 2015 an amount equal to 45%, of the total amount of the local funds appropriation request provided for payments to public charter schools in the proposed budget of the District of Columbia for Fiscal Year 2017 (as submitted to Congress), and the amount of such payment shall be chargeable against the final amount provided for such payments in Fiscal Year 2017.

Human Support Services

The appropriation for Human Support Services is decreased by $7,200,000 in local funds; to be allocated as follows:

(1) Department of Youth Rehabilitation Services. – ($5,000,000) is removed from local funds;

(2) Unemployment Compensation Fund. – ($1,000,000) is removed from local funds;

(3) Child and Family Services Agency. – ($350,000) is removed from local funds;

(4) Department of Health Care Finance. – ($200,000) is removed from local funds; and

(5) Department of Parks and Recreation. – ($650,000) is removed from local funds.

Public Works

The appropriation for Public Works is decreased by $8,900,000 in local funds; to be allocated as follows:

(1) Washington Metropolitan Area Transit Authority. – ($8,900,000) is removed from local funds.

Financing and Other

The appropriation for Financing and Other is decreased by $21,443,000 in local funds; to be allocated as follows:

(1) Repayment of Loans and Interest. – ($30,134,000) is removed from local funds;

(2) Settlements and Judgments. – $12,000,000 is added to be available in local funds;

(3) Emergency and Contingency Reserve Funds. – $65,591,000 is added to be available in local funds;

(4) District Retiree Health Contribution. – ($66,400,000) is removed from local funds; and

(5) Repayment of Interest on Short-Term Borrowings. – ($2,500,000) is removed from local funds.

Sec. 3. Remaining Fiscal Year 2016 unexpended revenue of $92,658,000 shall be carried over into Fiscal Year 2017 as fund balance and shall be available as set forth in the approved Fiscal Year 2017 Budget and Financial Plan.

Sec. 4. Of the Fiscal Year 2016 local funds included in the budget of the District of Columbia Housing Authority, $15,000,000 shall be deposited in the DCHA Rehabilitation and Maintenance Fund established by the Fiscal Year 2017 Budget Support Emergency Act of 2016.

Note § 38-174

Sec. 5. Section 105(c)(5) of the District of Columbia Public Education Reform Amendment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-174(c)(5)), is amended by striking the semicolon and inserting the phrase ", including rules and regulations governing the use of DCPS funds for DCPS-sponsored student travel, including the cost of transportation, lodging, meals, and admission fees for students and adult chaperones, to locations and venues outside DCPS facilities; provided, that such travel be related to the students' curriculum or for the purpose of rewarding student curricular or extra-curricular achievement;" in its place.

Sec. 6. Capital project rescissions.

In Fiscal Year 2016, the Chief Financial Officer shall rescind capital project allotments as set forth in the following tabular array, with the savings to be used in accordance with the Fiscal Year 2017 Local Budget Act of 2016:

Sec. 7. Designated fund transfers.

(a) Notwithstanding any provision of law limiting the use of funds in the accounts listed in the following chart, the Chief Financial Officer shall transfer in Fiscal Year 2016 the following amounts from certified fund balances in the identified accounts to the General Fund of the District of Columbia:

Designated Fund Balance - Overview
Agency Code Fund No. Fund Name Amount
Budget Support Act:
AE0 Pay for Success Contract Fund $2,699,287
Total $2,699,287
Budget Reserves:
EN0 Micro Loan/Small Business Capital Access Fund $228,362
EN0 Streetscape Loan Relief Fund $1,584,297
Total $1,812,659
Dedicated Taxes:
HT0 0111 Healthy DC Fund $6,908,762
HT0 0112 Stevie Sellows Quality of Care Improvement Fund $165,764
LQ0 0110 Dedicated Taxes $881,555
Total $7,956,081
Purpose Restrictions and Other Special Purposes:
AT0 0606 Recorder of Deeds Surcharge $3,000,000
AT0 6115 OFT Central Collection Unit Fund $1,600,000
AT0 0602 Payroll Service Fees $11,198
BE0 0639 Agreement with Independent Agencies $34,682
CJ0 0600 Special Purpose Revenue $15,332
CR0 6030 Green Building Fund $1,689,850
CR0 6013 Basic Business License Fund $268,332
CR0 6020 Board of Engineers Fund $697,203
CR0 6040 Corporate Recordation Fund $1,182,879
CR0 6045 Vending Regulations Fund $1,284,622
CR0 6010 OPLA - Special Account $26,999
CR0 6006 Nuisance Abatement $44,862
CR0 6009 Real Estate Appraisal Fee $30,564
CI0 0600 Cable Franchise Fees $7,113,314
EB0 0630 Fund from NEDCO and EDFC $562,550
EB0 0419 H St Retail Priority Area Grant Fund $3,272,213
HC0 0632 Pharmacy Protection $2,100,000
HC0 0644 Spay and Neutering Fund $7,215
HC0 0661 ICF/MR Fees and Fines $154,086
HC0 0606 Vital Records Revenues $2,500,000
HC0 0605 SHPDA Fees $200,000
HC0 0643 Board of Medicine $600,000
HT0 0631 Medicaid Collections - 3rd Party Liability $314,173
JA0 0603 SSI Payback $1,000,000
KA0 6901 DDOT Enterprise Fund - Non Tax Revenues $3,000,000
SR0 2911 Foreclosure Mediation Fund (Temporary) $340,500
TO0 0602 DC Net Service Support $4,800,000
Total $35,850,574
TOTAL $48,318,601

(b) The total amount identified in subsection (a) of this section shall be made available as set forth in the approved Fiscal Year 2017 Budget and Financial Plan.

(c) In Fiscal Year 2016, the Chief Financial Officer shall transfer the entire fund balance of the GD0 – Credit Enhancement, Geneva Funds account to fund 0610, the Charter School Credit Enhancement Fund, within the Office of the State Superintendent of Education.

Sec. 8. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 9. Effective date.

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), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).