Code of the District of Columbia

Subchapter VI. Highway Trust Fund.


§ 9–111.01. District of Columbia Highway Trust Fund.

(a) There is established the District of Columbia Highway Trust Fund (“Fund”).

(b) Except as provided in subsection (e) of this section, the monies in the Fund shall not be a part of, or lapse into, the General Fund of the District or any other fund of the District.

(c) The Mayor shall deposit into the Fund, on a monthly basis, an amount equivalent to all receipts from taxes, fees, civil fines and penalties collected by the District after September 30, 1995, pursuant to Chapter 23 of Title 47.

(d)(1) All monies in the Fund shall be used first to comply with the requirements of § 9-109.02.

(2) Repealed.

(3) As of October 1, 2011, all monies in the Fund designated to be used to comply with the requirements of § 9-109.02 shall not exceed 22% of the proposed annual federal-aid highway project expenditures.

(e)(1) Any excess monies remaining in the Fund after the requirements of § 9-109.02 have been met and remaining balances not necessary for the purposes outlined in Title 23 of the United States Code, based on the 6-year projected trust fund performance audit conducted by the Inspector General pursuant to § 9-109.02(e), shall be transferred to the Capital Improvements Program and used to fund the renovation, repair, and maintenance of local transportation infrastructure.

(2) The Mayor annually shall determine the excess amount based upon the audit of the Inspector General issued pursuant to § 9-109.02(e) and include the amount in the budget for the fiscal year beginning on October 1 of that year that is transmitted to the Council pursuant to § 1-204.42.


(Apr. 9, 1997, D.C. Law 11-184, § 102, 43 DCR 4265; Oct. 3, 2001, D.C. Law 14-28, § 1702(a),(b), 48 DCR 6981; Sept. 18, 2007, D.C. Law 17-20, § 6002(a), 54 DCR 7052; Apr. 8, 2011, D.C. Law 18-370, § 623(a), 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 6053, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 6023(a), 59 DCR 8025; Dec. 13, 2017, D.C. Law 22-33, § 8062(a), 64 DCR 7652.)

Prior Codifications

1981 Ed., § 7-134.4.

Section References

This section is referenced in § 47-361 and § 50-921.02.

Effect of Amendments

D.C. Law 14-28 added subsec. (e) relating to excess monies.

D.C. Law 17-20, in subsec. (e), substituted “shall be deposited into the District Department of Transportation Unified Fund established by § 50-921.11” for “shall be deposited in the Local Roads Construction and Maintenance Fund established by § 9-111.01a”.

D.C. Law 18-370 rewrote subsecs. (d) and (e).

D.C. Law 19-21 repealed subsec. (d)(2), which formerly read:

“(2) All monies in the Fund designated to comply with the requirements of § 9-109.02 shall not exceed 22% of the proposed annual Fund expenditures.”

The 2012 amendment by D.C. Law 19-168 added (d)(3).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 8062(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 8062(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary addition of section, see § 2 of the Highway Trust Fund Establishment Emergency Act of 1995 (D.C. Act 11-169, December 8, 1995, 42 DCR 7069), § 2 of the Highway Trust Fund Establishment Congressional Review Emergency Act of 1996 (D.C. Act 11-223, March 7, 1996, 43 DCR 1418), and § 2 of the Highway Trust Fund Establishment Second Congressional Review Emergency Act of 1996 (D.C. Act 11-464, January 9, 1997, 44 DCR 620).

Section 3 of D.C. Act 11-169, § 3 of D.C. Act 11-223, and § 3 of D.C. Act 11-464 provided for the issuance by the Mayor of rules and regulations necessary to carry out the purposes of the act.

For temporary (90 day) amendment of section, see § 1602(a), (b) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

For temporary (90 day) amendment of section, see § 3502 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) amendment of section, see § 6002(a) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 623(a) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) amendment of section, see § 3(a) of District Department of Transportation Omnibus Emergency Amendment Act of 2011 (D.C. Act 19-254, December 21, 2011, 58 DCR 11215).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Highway Trust Fund Establishment Temporary Act of 1996 (D.C. Law 11-116, May 3, 1996, law notification 43 DCR 2707).

Section 3(a) of D.C. Law 19-97 added subsecs. (d)(2A) and (3) to read as follows:

“(2A) As of October 1, 2011, all monies in the Fund designated to comply with the requirements of section 3 of the District of Columbia Emergency Highway Relief Act, approved August 4, 1995 (109 Stat. 257; D.C. Official Code § 9-109.02), shall not exceed 22% of the proposed annual federal-aid highway project expenditures.”.

“(3) As of October 1, 2011, all unobligated and unexpended revenues at the end of fiscal year 2011 that would have been deposited into the District Department of Transportation Unified Fund shall be deposited into the District of Columbia Highway Trust Fund.”.

Section 6(b) of D.C. Law 19-97 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title of title I of Law 11-184: Section 101 of D.C. Law 11-184 provided that title I of the act may be cited as the Highway Trust Fund Establishment Act of 1996.

Short title: Section 6001 of D.C. Law 17-20 provided that subtitle A of title VI of the act may be cited as the “District Department of Transportation Unified Fund Amendment Act of 2007”.

Editor's Notes

Section 629 of D.C. Law 18-370 provided: “Sec. 629. Applicability. This subtitle shall apply as of October 1, 2011; except, that sections 622 and 623(a)(2) shall apply as of the effective date of this act.”

Mayor authorized to issue rules: Section 103 of D.C. Law 11-184 provided that the Mayor may issue rules and regulations as the Mayor finds necessary to carry out the purposes of title I of the act pursuant to subchapter I of Chapter 5 of Title 2.


§ 9–111.01a. Local transportation revenue transfer.

(a) The Chief Financial Officer shall deposit revenue derived from public rights-of-way user fees, charges, and penalties collected pursuant to subchapter III of Chapter 11 of Title 10 ("1997 Act"), and regulations issued pursuant to the 1997 Act in Chapter 33 of Title 24 of the District of Columbia Municipal Regulations in the District of Columbia Highway Trust Fund ("Fund") to supplement the Motor Fuel Tax revenues and Motor Fuel Revenue Fund balance to the extent necessary to satisfy local match requirements to obtain federal aid funds.

(b) Revenue derived from public rights-of-way user fees, charges, and penalties collected pursuant to the 1997 Act and regulations issued pursuant to the 1997 Act in Chapter 33 of Title 24 of the District of Columbia Municipal Regulations not deposited in the Fund pursuant to subsection (a) of this section shall be transferred to the Capital Improvements Program and used to fund the renovation, repair, and maintenance of local transportation infrastructure.

(c) Revenue derived from the local transportation surcharge on motor vehicle fuels sold or otherwise disposed of by an importer or by a user, or used for commercial purposes, pursuant to § 47-2301(a-1), shall be transferred to the Capital Improvements Program to fund the renovation, repair, and maintenance of local transportation infrastructure.


(Apr. 9, 1997, D.C. Law 11-184, § 102a; as added Oct. 3, 2001, D.C. Law 14-28, § 1702(c), 48 DCR 6981; Nov. 13, 2003, D.C. Law 15-39, § 622(a), 50 DCR 5668; Apr. 13, 2005, D.C. Law 15-354, § 84(e), 52 DCR 2638; Oct. 20, 2005, D.C. Law 16-33, § 6022(a), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-192,§ 6023, 53 DCR 6899; Sept. 18, 2007, D.C. Law 17-20, § 6002(b), 54 DCR 7052; Mar. 25, 2009, D.C. Law 17-353, § 140, 56 DCR 1117; Apr. 8, 2011, D.C. Law 18-370, § 623(b), 58 DCR 1008; Sept. 20, 2012, D.C. Law 19-168, § 6023(b), 59 DCR 8025; Dec. 13, 2017, D.C. Law 22-33, § 8062(b), 64 DCR 7652; Dec. 3, 2020, D.C. Law 23-149, § 7133, 67 DCR 10493.)

Section References

This section is referenced in § 9-111.01 and § 50-2607.

Effect of Amendments

D.C. Law 15-39, in subsec. (a), substituted “Department of Transportation” for “Department of Public Works’ Division of Transportation”; and added subsecs. (c) and (d).

D.C. Law 15-354 validated a previously made technical correction.

D.C. Law 16-33, in subsec. (a), substituted “or any other regulations, 50% of the proceeds of sales and use tax collected by the District for parking and storing vehicles,” for “or any other regulations,”; and repealed subsecs. (c) and (d)(3).

D.C. Law 16-192 rewrote subsec. (a).

D.C. Law 17-20 rewrote subsec. (a).

D.C. Law 17-353 validated a previously made technical correction in subsec. (a).

D.C. Law 18-370 rewrote the section heading which had read: “Local Roads Construction and Maintenance Fund.”; in subsec. (a), substituted “Local Transportation Fund” for “Local Roads Construction and Maintenance Fund (’Maintenance Fund’)” and substituted “and into which the Chief Financial Officer of the District of Columbia shall deposit: (1) All receipts from special purpose public inconvenience fees; (2) All receipts from special purpose utility marking service fees; (3) All GARVEE bond proceeds; and (4) All charges imposed for rental and utilization of public space authorized by subchapter I of Chapter 11 of Title 10” for “from funds on deposit within the District Department of Transportation Unified Fund”; in subsec. (b), substituted “Maintenance Fund” for “Local Transportation Fund” and substituted “federal aid and mass transit” for “federal aid”; and, in subsec. (d)(1), substituted “Local Transportation Fund” for “Local Roads Construction and Maintenance Fund”.

The 2012 amendment by D.C. Law 19-168 repealed (a)(1), which read: “All receipts from special purpose public inconvenience fees”; repealed (a)(4), which read: “All charges imposed for rental and utilization of public space authorized by § 10-1101.01 et seq.”; and added (a)(5) and (c-1).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 8062(b) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 8062(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 day) addition, see § 1602(c) of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001 ( 48 DCR 7861).

For temporary (90 day) amendment of section, see § 622(a) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) amendment of section, see § 622(a) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) local roads construction and maintenance fund provisions, see § 6052 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) local roads construction and maintenance fund provisions, see § 6052 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see § 6022(a) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 2 of Highway Trust Fund and District Department of Transportation Emergency Amendment Act of 2005 (D.C. Act 16-206, November 17, 2005, 52 DCR 10524).

For temporary (90 day) amendment of section, see § 2 of Highway Trust Fund and District Department of Transportation Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-281, February 27, 2006, 53 DCR 1628).

For temporary (90 day) amendment of section, see § 6023 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068).

For temporary (90 day) amendment of section, see § 2 of Highway Trust Fund and District Department of Transportation Second Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-498, October 23, 2006, 53 DCR 8842).

For temporary (90 day) amendment of section, see § 6023 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845).

For temporary (90 day) amendment of section, see § 6023 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165).

For temporary (90 day) amendment of section, see § 2 of Highway Trust Fund and District Department of Transportation Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-7, January 16, 2007, 54 DCR 1463).

For temporary (90 day) amendment of section, see § 6002(b) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 623(b) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) addition of sections, see §§ 2 to 5 of District Department of Transportation Capital Project Review and Reconciliation Emergency Act of 2011 (D.C. Act 19-96, July 11, 2011, 58 DCR 5820).

For temporary (90 day) amendment of section, see § 3(b) of District Department of Transportation Omnibus Emergency Amendment Act of 2011 (D.C. Act 19-254, December 21, 2011, 58 DCR 11215).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Highway Trust Fund and District Department of Transportation Temporary Amendment Act of 2005 (D.C. Law 16-66, March 8, 2006, law notification 53 DCR 2516).

Section 3(b) of D.C. Law 19-97 amended subsec. (a)(4) and added subsec. (c-1) to read as follows:

“(4) As of October 1, 2011, all revenue derived from public rights-of-way user fees, charges, and penalties collected under authority of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 10-1141.01 et seq.), and regulations promulgated pursuant thereto in Chapter 33 of Title 24 of the District of Columbia Municipal Regulations, as now existing or as hereafter amended.”.

“(c-1) As of October 1, 2011, revenue derived and collected pursuant to subsection (a)(4) of this section may be transferred annually to the District of Columbia Highway Trust Fund, but in no event shall all local monies in the fund designated to comply with the requirements of section 3 of the District of Columbia Emergency Highway Relief Act, approved August 4, 1995 (109 Stat. 257; D.C. Official Code § 9-109.02), exceed 22% of the proposed annual federal-aid highway project expenditures.”.

Section 6(b) of D.C. Law 19-97 provided that the act shall expire after 225 days of its having taken effect.

Sections 2 to 5 of D.C. Law 19-34 added sections to read as follows:

“Sec. 2. Definitions.

“For the purposes of this act, the term:

“(1) ‘CFO’ means the Chief Financial Officer.

“(2) ‘Director of Capital Programs’ means the Director of Capital Programs within the Office of Budget and Planning of the Office of the Chief Financial Officer.

“(3) ‘Local Streets Ward-based capital projects’ means the Department of Transportation’s 8 Local Streets Ward-Based capital projects (Project No. SR301-SR308) that endeavor to preserve, maintain, repair, or replace the District’s sidewalks, curbs, and local roads.

“(4) ‘Inactive’ means that no non-personal service funds have been obligated or expended for the capital project during the preceding calendar months.

“Sec. 3. Criteria for closing capital projects.

“(a) For any capital project funded from revenues in the Local Transportation Fund, the CFO, in consultation with the Mayor, may close the project if it:

“(1) Has obligated or expended funds in excess of its approved budget; or

“(2) Has been inactive for 12 months or more.

“(b) For any capital project funded from revenues in the Highway Trust Fund, the CFO, in consultation with the Mayor and the Federal Highway Administration Division, may close the project if it:

“(1) Has been closed by the United States Department of Transportation;

“(2) Has an open balance of:

“(A) An amount of $500,000 or more, and has been inactive for 12 months;

“(B) Between $50,000 and $499,999, and has been inactive for 24 months; or

“(C) Less than $50,000, and has been inactive for 36 months; or

“(3) Has obligated or expended funds in excess of its approved budget.

“(c) If a capital project has a budget allotment in excess of its budget authority, the CFO, in consultation with the Mayor, may adjust the allotment to match the correct budget authority.

“(d) The CFO may delegate the authority granted to him or her by this section to the Director of Capital Programs.

“Sec. 4. Use of funds resulting from closure.

“(a) Funds resulting from the closure of capital projects pursuant to section 3(a) shall be allocated equally among the Local Streets Ward-based capital projects.

“(b) Funds resulting from the closure of capital projects pursuant to section 3(b) shall be allocated to the capital projects approved by the Council of the District of Columbia in the Fiscal Year 2012 Budget Request Act of 2011, signed by the Mayor on June 29, 2011 (D.C. Act 19-92; 58 DCR 5564).

“Sec. 5. Quarterly summary.

“The CFO shall submit to the Mayor and the Council a quarterly summary of all capital project closures conducted pursuant to this act.”

Section 7(b) of D.C. Law 19-34 provided that the act shall expire after 225 days of its having taken effect.

Resolutions

Resolution 15-467, the “Local Roads Construction and Maintenance Fund Approval Resolution of 2004”, was approved effective March 2, 2004.


§ 9–111.01b. Local Roads Construction and Maintenance Fund; dedicated revenue.

Repealed.


(Apr. 9, 1997, D.C. Law 11-184, § 102b; as added Nov. 13, 2003, D.C. Law 15-39, § 622(b), 50 DCR 5668; Mar. 13, 2004, D.C. Law 15-105, § 9, 51 DCR 881; Oct 20, 2005, D.C. Law 16-33, § 6022(b), 52 DCR 7503.)

Emergency Legislation

For temporary (90 day) addition of § 9-111.01b, see § 622(b) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) amendment of § 9-111.01b, see § 2 of Fiscal Year 2004 Budget Support Act of 2003 Department of Transportation Funding Clarification Emergency Amendment Act of 2003 (D.C. Act 15-138, July 29, 2003, 50 DCR 6863).

For temporary (90 day) addition of § 9-111.01b, see § 622(b) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) repeal of section, see § 6022(b) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).


§ 9–111.01c. Cost-transfer projects.

(a) For the purposes of this section, the term:

(1) “Additive rate” means the rate used to represent labor surcharges as a percent of direct labor costs.

(2) “Indirect cost” means a cost incurred for a common or joint purpose benefiting more than one project that is not readily assignable to a project specifically benefitted.

(3) “Indirect cost rate” means a method for determining in a reasonable manner the proportion of indirect costs each project should bear.

(4) “Labor surcharges” means the cost of employee fringe benefits, worker compensation insurance, leave, and similar labor-related costs.

(b) There is established the following cost-transfer projects within the District Department of Transportation capital budget, which shall be used to collect labor surcharges and indirect costs that are recoverable with federally approved indirect and additive rates:

(1) A labor cost-transfer project, which shall collect indirect labor costs and labor surcharges that cannot be directly charged to capital projects due to federal and local regulation, but are eligible for indirect and additive rate recovery; and

(2) An administrative cost-transfer project, which shall collect indirect material testing contract costs, Davis Bacon costs, the production costs of manuals and other administrative Federal Highway Administration support costs, as approved by the Chief Financial Officer of the District of Columbia, that are eligible for federal reimbursement.

(c) The labor cost-transfer project shall not be authorized any funds from the budget.

(d) The administrative cost-transfer project shall be allocated budget authority for contractual services.

(e) All expenditures posted to the transfer projects during a fiscal year shall be reallocated to active projects based on approved indirect cost and additive rates, reallocated to the operating budget, or otherwise removed from the cost-transfer projects by the end of that fiscal year.

(f) Beginning October 1, 2012, the Mayor shall submit to the Council, on a quarterly basis, a report certified by the Chief Financial Officer of the District of Columbia that:

(1) Provides the current cost-transfer project expenditure balances;

(2) Lists the projects or accounts to which any transfer project expenditures have effectively been charged or moved; and

(3) Identifies the amount charged or moved.


(Apr. 9, 1997, D.C. Law 11-184, § 102c; as added Sept. 20, 2012, D.C. Law 19-168, § 6023(c), 59 DCR 8025.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added this section.