Code of the District of Columbia

§ 8–151.10. Rulemaking.

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in December, 2021.*

(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.