For the purposes of this part, the term:
(1) "Surplus bond funds" means proceeds from the District's bond issuances, including general obligation bonds and income tax secured revenue bonds that are designated to fund certain capital projects and which:
(A) Remain available after the authorized project has been completed or the funds no longer considered necessary;
(B) For a project with a balance of more than $250,000, no funds have been expended or encumbered for 3 consecutive years, and the agency has not notified the Chief Financial Officer within 30 days of the end of the 3-year period that the agency intends to use the funds to implement the project within 18 months; or
(C) For a project with a balance of $250,000 or less, no funds have been expended or encumbered for 3 consecutive years.
(2) "Surplus non-bond funds" means funds from sources other than proceeds from the District's bond issuances designated to fund certain capital projects and which:
(A) Remain available after the authorized project has been completed or the funds no longer considered necessary;
(B) For a project with a balance of more than $250,000, no funds have been expended or encumbered for 3 consecutive years, and the agency has not notified the Chief Financial Officer within 30 days of the end of the 3-year period that the agency intends to use the funds to implement the project within 18 months; or
(C) For a project with a balance of $250,000 or less, no funds have been expended or encumbered for 3 consecutive years.
(Mar. 3, 2010, D.C. Law 18-111, § 1261, 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 1041 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).
For temporary (90 day) addition, see § 1261 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) addition, see § 1261 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
Law 18-111, the "Fiscal Year 2010 Budget Support Act of 2009", was introduced in Council and assigned Bill No. 18-203, which was referred to the Committee on the Whole. The bill was adopted on first and second readings on May 12, 2009, and September 22, 2009, respectively. Signed by the Mayor on December 18, 2009, it was assigned Act No. 18-255 and transmitted to both Houses of Congress for its review. D.C. Law 18-111 became effective on March 3, 2010.
Miscellaneous Notes
Short title: Section 1260 of D.C. Law 18-111 provided that subtitle AA of title I of the act may be cited as the "Capital Project Support Fund Establishment Act of 2009".
Short title: Section 1290 of D.C. Law 18-111 provided that subtitle DD of title I of the act may be cited as the "DCPL Capital Project Fund Designation Act of 2009".
Section 1291 of D.C. Law 18-111 provides:
"Sec. 1291. District of Columbia Public Library capital funds.
"All capital funds for the District of Columbia Public Library shall be separated by individual library project with available balances for each project and funding priority shall be given to wards where no renovation project exceeding $2.5 million in value has been undertaken since fiscal year 2006."
(a) There is established the Capital Project Support Fund ("Fund") to be used to provide funding for qualified capital projects, within which shall be established 2 accounts. One account shall be designated the Bond Account and the other account shall be designated the Non-Bond Account.
(b) All surplus bond funds identified by the Chief Financial Officer shall be deposited into the Bond Account.
(c) All surplus non-bond funds identified by the Chief Financial Officer shall be deposited into the Non-Bond Account, including those from the Local Street Maintenance Fund, Master Equipment Lease/Purchase financing, Sale of Assets and Pay-as-You-Go capital funding, but excluding federal grants and Federal Highway Trust Fund.
(Mar. 3, 2010, D.C. Law 18-111, § 1262, 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 1042 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).
For temporary (90 day) addition, see § 1262 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) addition, see § 1262 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For Law 18-111, see notes following § 1-325.151.
(a) Funding for an approved capital project may be provided through redirection in an approved budget and financial plan or through a reprogramming, pursuant to Chapter 3 of Title 47.
(b) Within 30 days of a request by the Mayor to reprogram the money in the Fund to an approved capital project, the Chief Financial Officer shall certify that the funds are available and the expenditure to support the project is in compliance with this part. If a project is to receive funds from both the Bond Account and the Non-Bond Account, the Chief Financial Officer shall also certify the amount to be funded from each account.
(Mar. 3, 2010, D.C. Law 18-111, § 1263, 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 1043 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).
For temporary (90 day) addition, see § 1263 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) addition, see § 1263 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For Law 18-111, see notes following § 1-325.151.
(a) The Chief Financial Officer shall submit a written report to the Mayor and the Council on a quarterly basis on the status of the Fund, including the current balance of the Fund, specifying the amount in each account, and a list of the projects supported by the Fund, specifying the account.
(b) An agency that receives an extension pursuant to § 1-325.151(1)(B) or (2)(B) shall submit an activity report and schedule for completion within 120 days of the start of the extension.
(Mar. 3, 2010, D.C. Law 18-111, § 1264, 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 1044 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).
For temporary (90 day) addition, see § 1264 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) addition, see § 1264 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For Law 18-111, see notes following § 1-325.151.
(a) Notwithstanding any other provision of this part, the budget authority for an approved capital project shall be reprogrammed, pursuant to Chapter 3 of Title 47, for use pursuant to subchapter IV-A of Chapter 11 of Title 9; provided, that:
(1) The capital project has been completed or the funds no longer considered necessary and budget authority remain available;
(2) For a capital project with a balance of more than $250,000, no funds have been expended or encumbered for 3 consecutive years, and the agency has not notified the Chief Financial Officer within 30 days of the end of the 3-year period that the agency intends to use the funds to implement the project within 18 months; or
(3) For a capital project with a remaining budget authority of $250,000 or less, the capital project has not been funded for 3 consecutive years.
(b) If at any time the Chief Financial Officer determines that certain funds are not needed to meet the requirements of the WMATA project, those funds may be reprogrammed, pursuant to Chapter 3 of Title 47, to any capital project that the Chief Financial Officer certifies a funding need.
(Mar. 3, 2010, D.C. Law 18-111, § 1265, 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 1045 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).
For temporary (90 day) addition, see § 1265 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) addition, see § 1265 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
For temporary (90 day) addition of section, see § 603 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).
Legislative History of Laws
For Law 18-111, see notes following § 1-325.151.
