Code of the District of Columbia

§ 8–151.08b. Duties, powers, and requirements related to DC Streetcar safety oversight.

(a) The Director, in carrying out the duties and exercising the powers described in this section, shall not be supervised by, or under the direction or control of, any District officer or employee, or anyone acting on behalf of a District officer or employee, responsible for any aspect of the operation of the DC Streetcar.

(b) The state safety oversight agency's budget shall be a distinct program, with its own program code and all funds shall be budgeted and reported within the program. The program's budget may merge with the state rail safety agency to the extent permissible under 49 U.S.C. § 5329.

(c) After the designation of DOEE as the state safety oversight agency, the Director shall, in accordance and to the extent permissible under 49 U.S.C. § 5329:

(1) Oversee the operations of the DC Streetcar insofar as those operations affect, or could affect, the safe operation of the DC Streetcar;

(2) Conduct, or cause to be conducted, investigations, independently or in cooperation with federal or District offices or agencies, into the operations of the DC Streetcar, including any accident or incident involving the operations or assets of the DC Streetcar, insofar as those operations affect, or could affect, the safe operation of the DC Streetcar. This authority includes the authority to inspect DC Streetcar equipment, property, and operations, and to inspect and copy DC Streetcar records, reports, and other information;

(3) Audit the DC Streetcar system for compliance with safety plans, or for any other purpose that the Director concludes would promote the safe operation of the DC Streetcar;

(4) Issue reports and findings regarding all aspects of the safety of the DC Streetcar, including operations and accidents, when:

(A) The issuance of reports and findings is required by federal or District law; or

(B) The Director determines that such action would promote the safe operation of the DC Streetcar;

(5) Require the DC Streetcar to develop and submit safety plans pursuant to 49 U.S.C. § 5329(e)(4)(A)(iv) and approve or disapprove them as appropriate;

(6)(A) Enforce District statutes, regulations, and executive orders related to the safe operation of the DC Streetcar.

(B) In order to carry out subparagraph (A) of this paragraph, the Director may order the partial or complete cessation of any activity undertaken by the District government, or any entity acting on the District government's behalf, in connection with the operation of the DC Streetcar; and

(7) Conduct all operations or take any other action required of a state safety oversight agency pursuant to 49 U.S.C. § 5329, and any regulations issued thereunder.

(d) Neither the Director nor the Department shall receive funds from the District Department of Transportation or DC Streetcar related to, or for purposes of, the operation or oversight of the DC Streetcar.

(e) The Director may execute and file one or more applications, including any required certifications, assurances, or other documents, on behalf of the District with the FTA for federal grants or financial assistance authorized by 49 U.S.C. § 5329(e), Title 23 of the United States Code, or other federal statutes authorizing a project administered by the FTA, and enter into one or more grants or cooperative agreements with the FTA on behalf of the District.


(Feb. 15, 2006, D.C. Law 16-51, § 108b; as added Apr. 7, 2017, D.C. Law 21-254, § 101(c), 64 DCR 2028; Oct. 30, 2018, D.C. Law 22-168, § 6032(a), 65 DCR 9388.)

Applicability

Section 6033 of D.C. Law 22-168 repealed § 501(a) of D.C. Law 21-254. Therefore the creation of this section by D.C. Law 21-254 has been implemented.

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the creation of this section by § 101(c) of D.C. Law 21-254 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 6032(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 6032(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

Construction of Law

Section 401 of Law 21-254 provided that Law 21-254 shall be construed, and the authority granted under it shall be exercised, in a manner consistent with applicable federal laws and regulations.