Code of the District of Columbia

§ 8–151.10. Rulemaking.

(a) Except as provided in subsections (c) and (d) of this section, the Mayor shall promulgate rules and regulations to implement the provisions of this chapter, including the establishment of:

(1) Fines;

(2) Fees;

(3) Penalties;

(4) Environmental definitions, or adoption of federal definitions as set forth in the U.S. Environmental Protection Agency publication entitled “Terms of Environment.”

(5) Requirements for the maintenance, retention, and submission of records relating to the environment to the DOEE; and

(6) Enforcement, inspections, and hearing procedures.

(b) Proposed rules and regulations promulated [promulgated] pursuant to subsection (a) of this section shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day period, the proposed rules shall be deemed to be disapproved.

(c)(1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement §§ 8-151.08a, 8-151.08b, 8-151.08c, 8-151.08d, 8-151.08e, 8-151.08f, and 8-151.08h, including, to the extent permissible under federal law, rules to establish fees to be paid by railroad carriers to cover the costs of administering and managing the expenses of the emergency response, rail safety, and rail security programs for railroad operations in the District.

(2) In issuing rules pursuant to this subsection, the Mayor shall consider any recommendations submitted pursuant to § 35-333(b)(4).

(3) If the Mayor, when issuing final rules, does not incorporate any suggested modifications provided pursuant to § 35-333(b)(4), the Mayor shall provide the Railroad Advisory Board with a detailed written explanation as to why the proposed modifications were not incorporated.

(4) For the purposes of this subsection, the term "Railroad Advisory Board" means the Railroad Advisory Board established by § 35-332.

(d) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement §§ 8-151.09b and 8-151.09c.


(Feb. 15, 2006, D.C. Law 16-51, § 110, 52 DCR 10812; Oct. 8, 2016, D.C. Law 21-160, § 6045(b), 63 DCR 10775; Apr. 7, 2017, D.C. Law 21-254, § 101(d), 64 DCR 2028; Oct. 30, 2018, D.C. Law 22-168, § 6032(d), 65 DCR 9388; July 29, 2021, D.C. Law 24-16, § 2(b), 68 DCR 006015; Aug. 23, 2021, D.C. Act 24-159, § 6162, 68 DCR 008602.)

Applicability

Applicability of D.C. Law 24-16: § 4 of D.C. Law 24-16 provided that the change made to this section by § 2(b) of D.C. Law 24-16 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.

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

Applicability of D.C. Law 21-254: § 501 of D.C. Law 21-254 provided that the change made to this section by § 101(d) 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(d) 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(d) 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.