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Current through October 23, 2012
(a)(1) There is established as a nonlapsing fund the Washington Metropolitan Area Transit Authority Fund ("Fund"), which shall be used solely for the purposes set forth in subsection (b) of this section.
(2) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section, subject to authorization by Congress.
(3)(A) Except as provided in subparagraph (B) of this paragraph, the Fund shall be funded solely by an annual appropriation of $50 million ("Required Funding").
(B) If in any fiscal year, the amount appropriated for the Fund ("Anticipated Funding") is less than the Required Funding, a percentage of the sales tax revenue collected annually under Chapter 20 of Title 47 equal to the difference between the Required Funding and the Anticipated Funding ("Deficit") shall be apportioned from the proceeds of such annual sales tax revenues, other than dedicated taxes as defined under § 1-204.90(n)(5)), and shall be deposited into the Fund in accordance with subsection (a-1)(2) of this section.
(a-1) On or before October 31 of each fiscal year, the Chief Financial Officer shall certify to the Mayor and the Council that:
(1) The Congress appropriated $50 million for the Fund in the current fiscal year and the funds are available for obligation and expenditure in the current fiscal year; or
(2) The amount of funds that are available for obligation and expenditure from the Fund and the amount of the Deficit.
(a-2) In each fiscal year that the Chief Financial Officer certifies that there is a Deficit, in accordance with subsection (a-1)(2) of this section, the Chief Financial Officer shall, beginning November 1, commence the deposit of a percentage of sales tax revenues collected each month under Chapter 20 of Title 47, apportioned from the proceeds of such monthly sales tax revenues, other than dedicated taxes as defined under § 1-204.90(n)(5), until the Deficit has been fully funded; provided, that the amount of such monthly sales tax shall be reduced by the interest on the Anticipated Funding earned during the fiscal year. The Chief Financial Officer shall determine the percentage of sales tax revenues necessary to satisfy the Deficit within the fiscal year.
(b)(1) Funds deposited in the Washington Metropolitan Area Transit Authority Fund shall be used to maintain and improve the transportation system of the Washington Metropolitan Area Transit Authority and, for such purpose, shall be available to comply with any federal grant matching funds requirement, a decision by the District to match federal funds received, or to provide revenue to the Washington Metropolitan Area Transit Authority.
(2) The amount of annual expenditures from the Fund shall not exceed the contributions by Maryland or Virginia. For the purpose of this subsection, the contributions of Maryland or Virginia shall not include any payments made pursuant to the Washington Metropolitan Area Transit Authority subsidy allocation formulas.
(June 16, 2006, D.C. Law 16-132, § 2, 53 DCR 4727; Mar. 25, 2009, D.C. Law 17-360, § 3(a), 56 DCR 1200; Mar. 3, 2010, D.C. Law 18-111, § 6071(a), 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-360, in subsec. (a), substituted "5.7% of general sales tax revenue (net dedicated taxes)" for "0.5% of sales tax revenue".
D.C. Law 18-111 rewrote subsec. (a); and added subsec. (a-1) and (a-2). Prior to amendment, subsec. (a) read as follows:
"(a) There is hereby established a fund designated as the Washington Metropolitan Area Transit Authority Fund, which shall be separate from the General Fund of the District of Columbia. An amount equal to 5.7% of general sales tax revenue (net dedicated taxes) collected annually under Chapter 20 of Title 47, apportioned from the proceeds of such annual sales tax revenues other than dedicated taxes as defined under § 1-204.90(n)(5)), shall be deposited into the Washington Metropolitan Area Transit Authority Fund without regard to fiscal year limitation pursuant to an act of Congress and shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available as a dedicated funding source for the uses and purposes set forth in subsection (b) of this section, subject to authorization by Congress in an appropriations act."
Emergency Act Amendments
For temporary (90 day) amendment of section, see §§ 6071(a), 7032 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) amendment of section, see §§ 6071(a), 7032 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 16-132, the "Washington Metropolitan Area Transit Authority Fund Act of 2006", was introduced in Council and assigned Bill No. 16-569 which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on March 7, 2006, and April 4, 2006, respectively. Signed by the Mayor on April 21, 2006, it was assigned Act No. 16-350 and transmitted to both Houses of Congress for its review. D.C. Law 16-132 became effective on June 16, 2006.
Law 17-360, the "Limitation on Borrowing and Establishment of the Operating Cash Reserve Act of 2008", was introduced in Council and assigned Bill No. 17- 914 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively. Signed by the Mayor on January 16, 2009, it was assigned Act No. 17-695 and transmitted to both Houses of Congress for its review. D.C. Law 17- 360 became effective on March 25, 2009.
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
Section 3(3) of Law 16-132 required that the fiscal effect of Law 16-132 be included in an approved budget and financial plan in order for Law 16-132 to apply as law. The Budget Director of the Council of the District of Columbia has determined, as of November 2, 2007, that the fiscal effect of Law 16-132 has not been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 16-98, are not in effect.
Section 3(b) of D.C. Law 17-360 repealed section 3(3) of D.C. Law 16-132 and restored this section.
Short title: Section 6070 of D.C. Law 18-111 provided that subtitle H of title VI of the act may be cited as the "Washington Metropolitan Area Transit Authority Fund Amendment Act of 2009".
