(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.
For temporary (90 days) addition of this section, see § 8042(e) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).