COUNCIL OF THE DISTRICT OF COLUMBIA COMMITTEE OF THE WHOLE COMMITTEE REPORT 1350 Pennsylvania Avenue, NW, Washington, DC 20004 DRAFT TO: All Councilmembers FROM: Chairman Phil Mendelson Committee of the Whole DATE: July 20, 2021 SUBJECT: Report on Bill 24-285, the “Fiscal Year 2022 Budget Support Act of 2021” The Committee of the Whole, to which Bill 24-285 was referred, reports favorably thereon, with amendments, and recommends approval by the Council. CONTENTS I. Background and Need ................................................................1 II. Legislative Chronology ..............................................................2 III. Position of the Executive ...........................................................3 IV. Comments of Advisory Neighborhood Commissions ...............3 V. List of Witnesses ........................................................................4 VI. Impact on Existing Law .............................................................8 VII. Fiscal Impact ..............................................................................9 VIII. Subtitle-by-Subtitle Analysis .....................................................9 IX. Committee Action ....................................................................28 X. Attachments .............................................................................29 I. BACKGROUND AND NEED The purpose of Bill 24-285, the Fiscal Year 2022 Budget Support Act of 2021 (“FY 2022 BSA”), is to amend or enact various provisions of law that support the implementation of a balanced Fiscal Year 2022 budget and financial plan. The District, like most of the country and the world, has spent the last 16 months grappling with the COVID-19 virus and its crippling economic effects. In response to the public health emergency, the federal government provided significant financial assistance to states, counties, and municipalities. In order to budget those dollars consistent with federal intent, the transmittal of the FY 2022 budget and financial plan was twice delayed from March 31, 2021 to May 27, 2021 while the Mayor awaited federal guidance on allowable uses. The Council has operated virtually since March 17, 2020; as a result, Council Committees held virtual hearings on proposed agency budgets. Bill 24-285 is a result of those hearings. It is a substantial and wide-ranging piece of legislation that will have a significant impact on existing law. The legislation includes nine titles and more than 95 individual subtitles, which are briefly summarized in section VIII below. In Committee of the Whole July 20, 2021 Report on Bill 24-285 Page 2 of 29 addition to the subtitle-by-subtitle analysis set forth below, further background on Bill 24-285 is available in the various committee budget reports. The Committee of the Whole recognizes the importance of the policy recommendations set forth by the various committees in their budget reports. These policy recommendations are an essential part of the performance and budget review process by the Council. The committee print attached to this report contains FY 2022 BSA subtitles based on recommendations and feedback from the various Council committees, as refined by the Committee of the Whole.1 The Committee of the Whole expects the executive branch to work with individual committees to address the policy recommendations as a part of the Council’s continuing oversight activities. II. LEGISLATIVE CHRONOLOGY February 25, 2021 Notice of public hearings on the proposed Fiscal Year 2022 Budget and Financial Plan is published in the District of Columbia Register (updates to the schedule of budget oversight hearings published in later issues) May 27, 2021 Bill 24-285, the “Fiscal Year 2022 Budget Support Act of 2021” is introduced by Chairman Mendelson at the request of the Mayor June 1, 2021 Bill 24-285 is “read” at the June 1, 2021 Regular Legislative Meeting and referred to the Committee of the Whole June 2, 2021 Committee of the Whole holds a public briefing on the Mayor’s Fiscal Year 2022 Proposed Budget and Financial Plan June 3 - June 24, 2021 Committees hold public hearings on the budgets of the agencies under their purview and the subtitles of the Fiscal Year 2022 Budget Support Act of 2021 that were referred to each for comments June 11, 2021 Notice of Intent to Act on Bill 24-285 is published in the District of Columbia Register June 25, 2021 Committee of the Whole holds a public hearing on Bill 24-285, Bill 24-275, Bill 24-276, Bill 24-279, and Bill 24-283 1 New subtitles included in the FY22 BSA that are substantially similar to those included in committee reports are noted as such at the end, with the committee names abbreviated as follows: Committee of the Whole (COW), Committee on Business and Economic Development (BED), Committee on Government Operations and Facilities (GOF), Committee on Health (H), Committee on Housing and Executive Administration (HEA), Committee on Human Services (HS), Committee on the Judiciary and Public Safety (JPS), Committee on Labor and Workforce Development (LWD), Committee on Recreation, Libraries, and Youth Affairs (RLYA), and Committee on Transportation and the Environment (TE). For additional information on the committee reasoning for those subtitles, see the individual committee reports, which can be found on the Council’s Legislative Information Management System (https://lims.dccouncil.us/). Committee of the Whole July 20, 2021 Report on Bill 24-285 Page 3 of 29 June 29 - July 1, 2021 Committees mark up and approve their budget recommendations for Fiscal Year 2022 July 20, 2021 The Committee of the Whole marks up Bill 24-275 and Bill 24-285 III. POSITION OF THE EXECUTIVE Chairman Mendelson introduced Bill 24-285 on behalf of the Mayor. The Mayor and the City Administrator presented the budget at a public briefing on June 2, 2021. On June 24 and June 25, 2021, the Mayor transmitted errata letters requesting that the Council incorporate various changes to the introduced version of Bill 24-285 and related budget documents. The errata letters are included as an attachment to this report. Other Executive Branch testimony was presented to the various Council committees and is included in the hearing record. IV. COMMENTS OF ADVISORY NEIGHBORHOOD COMMISSIONS The Committee received the following resolutions from Advisory Neighborhood Commissions (ANCs) on the Fiscal Year 2022 budget. ANCs may also have commented separately to other Council committees. 1. ANC 2A: On May 19, 2021, ANC 2A unanimously approved a resolution that encourages the Council to redirect funding from the Metropolitan Police Department (MPD) to information technology infrastructure upgrades, social programs, and various D.C. government agencies to better serve the public and address the issues faced by vulnerable communities. 2. ANC 2B: On May 12, 2021, ANC 2B, by a vote of 8 to 1, approved a resolution asking the Council to redirect funds from MPD to violence interruption services, alternatives to traditional policing, housing and healthcare infrastructure, childcare, public transit, healthy food, youth programs, and unarmed non-police teams of first responders, city workers, and social service professionals. Additionally, ANC 2B calls on the Council to hold MPD officers accountable and end certain practices and protections, such as qualified immunity, paid leave for officers during a disciplinary investigation, police in schools, and the purchase and disposal of currently held military-style, crowd-control, and chemical weapons and surveillance equipment. Further, ANC 2B advises the Council to pass legislation to protect the community, limit police power, and ban harmful and unethical police practices and tactics. 3. ANC 2E: On June 1, 2021, ANC 2E unanimously approved a resolution requesting the Council grant $73,000 to the Glover Park Main Street Clean Team program to expand street cleaning along Wisconsin Avenue from R Street to Whitehaven Parkway NW. 4. ANC 4B: On June 28, 2021, ANC 4B unanimously approved a letter asking the Council to increase funding to address homelessness and the affordable housing crisis and ensure a robust public transportation network and safety of all road users. Committee of the Whole July 20, 2021 Report on Bill 24-285 Page 4 of 29 5. ANC 4C: On May 12, 2021, ANC 4C unanimously approved a letter that calls on the Council to address gun violence prevention, fund the Police Reform Commission’s recommendations, and create and fund a mechanism to increase funding for critical gun violence prevention programs during the fiscal year if gun violence rates increase beyond current projections. Additionally, ANC 4C asks the Council to expand the Pathways Program, the Violence Interrupters program, the Cure the Streets program; increase the number of schools participating in the Department of Behavioral Health’s school-based mental health program; and ensure that these programs have sufficient funding and resources so as to prevent reallocation of existing teams to emergency locations. At the same meeting, ANC 4C approved a resolution that requests the Council to use federal funds to remove all lead service lines in the District. 6. ANC 6A: On April 8, 2021, ANC 6A unanimously approved a resolution asking the Council to fund the Office for the Deaf, DeafBlind, and Hard of Hearing (ODBH) in the Fiscal Year 2022 budget and take other measures necessary to establish ODBH as soon as possible. ANC 6A also urges the Mayor to appoint a director of ODBH. 7. ANC 6C: On June 9, 2021, ANC 6C unanimously