2023 District of Columbia Code › Title 99 - Reserved sections › § 47–392.02. (Perm). Process for submission and approval of financial plan and annual District budget

§ 47–392.02(Perm). Process for submission and approval of financial plan and annual District budget.
(a) Submission of preliminary financial plan and budget by Mayor. — Not later than the February 1 preceding a fiscal year for which the District government is in a control period, the Mayor shall submit to the Authority and the Council a financial plan and budget for the fiscal year which meets the requirements of
§ 47-392.01
.
(b) Review by authority. — Upon receipt of the financial plan and budget for a fiscal year from the Mayor under subsection (a) of this section, the Authority shall promptly review the financial plan and budget. In conducting the review, the Authority may request any additional information it considers necessary and appropriate to carry out its duties under this part.
(c) Action upon approval of Mayor's preliminary financial plan and budget. —
(1) Certification to Mayor. —
(A) In general. — If the Authority determines that the financial plan and budget for the fiscal year submitted by the Mayor under subsection (a) of this section meets the requirements applicable under
§ 47-392.01
:
(i) The Authority shall approve the financial plan and budget and shall provide the Mayor, the Council, the President, and Congress with a notice certifying its approval; and
(ii) The Mayor shall promptly submit the financial plan and budget to the Council pursuant to
§ 1-204.42
.
(B) Deemed approval after 30 days. —
(i) In general. — If the Authority has not provided the Mayor, the Council, and Congress with a notice certifying approval under subparagraph (A)(i) of this paragraph or a statement of disapproval under subsection (d)(1) of this section upon the expiration of the 30-day period which begins on the date the Authority receives the financial plan and budget from the Mayor under subsection (a) of this section, the Authority shall be deemed to have approved the financial plan and budget and to have provided the Mayor, the Council, the President, and Congress with the notice certifying approval described in subparagraph (A)(i) of this paragraph.
(ii) Explanation of failure to respond. — If sub-subparagraph (i) of this subparagraph applies with respect to a financial plan and budget, the Authority shall provide the Mayor, the Council, the President and Congress with an explanation for its failure to provide the notice certifying approval or the statement of disapproval during the 30-day period described in sub-subparagraph (i) of this subparagraph.
(2) Adoption of financial plan and budget by Council after receipt of approved financial plan and budget. — Notwithstanding the first sentence of
§ 1-204.46
, not later than 30 days after receiving the financial plan and budget for the fiscal year from the Mayor under paragraph (1)(A)(ii) of this subsection, the Council shall by Act adopt a financial plan and budget for the fiscal year which shall serve as the adoption of the budgets of the District government for the fiscal year under such section, and shall submit such financial plan and budget to the Mayor and the Authority.
(3) Review of Council financial plan and budget by Authority. — Upon receipt of the financial plan and budget for a fiscal year from the Council under paragraph (2) of this subsection (taking into account any items or provisions disapproved by the Mayor or disapproved by the Mayor and reenacted by the Council under
§ 1-204.04(f)
), the Authority shall promptly review the financial plan and budget. In conducting the review, the Authority may request any additional information it considers necessary and appropriate to carry out its duties under this part.
(4) Results of Authority review of Council's initial financial plan and budget. —
(A) Approval of Council's initial financial plan and budget. — If the Authority determines that the financial plan and budget for the fiscal year submitted by the Council under paragraph (2) of this subsection meets the requirements applicable under
§ 47-392.01
:
(i) The Authority shall approve the financial plan and budget and shall provide the Mayor, the Council, the President, and Congress with a notice certifying its approval; and
(ii) The Council shall promptly submit the financial plan and budget to the Mayor for transmission to the President and Congress under
§ 1-204.46
.
(B) Disapproval of Council's initial budget. — If the Authority determines that the financial plan and budget for the fiscal year submitted by the Council under paragraph (2) of this subsection does not meet the requirements applicable under
§ 47-392.01
, the Authority shall disapprove the financial plan and budget, and shall provide the Mayor, the Council, the President, and Congress with a statement containing:
(i) The reasons for such disapproval;
(ii) The amount of any shortfall in the budget or financial plan; and
(iii) Any recommendations for revisions to the budget the Authority considers appropriate to ensure that the budget is consistent with the financial plan and budget.
(C) Deemed approval after 15 days. —
(i) In general. — If the Authority has not provided the Mayor, the Council, the President, and Congress with a notice certifying approval under subparagraph (A)(i) of this paragraph or a statement of disapproval under subparagraph (B) of this paragraph upon the expiration of the 15-day period which begins on the date the Authority receives the financial plan and budget from the Council under paragraph (2) of this subsection, the Authority shall be deemed to have approved the financial plan and budget and to have provided the Mayor, the Council, the President, and Congress with the notice certifying approval described in subparagraph (A)(i) of this paragraph.
(ii) Explanation of failure to respond. — If sub-subparagraph (i) of this subparagraph applies with respect to a financial plan and budget, the Authority shall provide the Mayor, the Council, the President and Congress with an explanation for its failure to provide the notice certifying approval or the statement of disapproval during the 15-day period described in sub-subparagraph (i) of this subparagraph.
(5) Authority review of Council's revised financial plan and budget. —
(A) Submission of Council's revised financial plan and budget. — Not later than 15 days after receiving the statement from the Authority under paragraph (4)(B) of this subsection, the Council shall promptly by Act adopt a revised financial plan and budget for the fiscal year which addresses the reasons for the Authority's disapproval cited in the statement, and shall submit such financial plan and budget to the Mayor and the Authority.
(B) Approval of Council's revised financial plan and budget. — If, after reviewing the revised financial plan and budget for a fiscal year submitted by the Council under subparagraph (A) of this paragraph in accordance with the procedures described in this subsection, the Authority determines that the revised financial plan and budget meets the requirements applicable under
§ 47-392.01
:
(i) The Authority shall approve the financial plan and budget and shall provide the Mayor, the Council, the President, and Congress with a notice certifying its approval; and
(ii) The Council shall promptly submit the financial plan and budget to the Mayor for transmission to the President and Congress under
§ 1-204.46
.
(C) Disapproval of Council's revised financial plan and budget. —
(i) In general. — If, after reviewing the revised financial plan and budget for a fiscal year submitted by the Council under subparagraph (A) of this paragraph in accordance with the procedures described in this subsection, the Authority determines that the revised financial plan and budget does not meet the applicable requirements under
§ 47-392.01
, the Authority shall:
(I) Disapprove the financial plan and budget;
(II) Provide the Mayor, the Council, the President, and Congress with a statement containing the reasons for such disapproval and describing the amount of any shortfall in the financial plan and budget; and
(III) Approve and recommend a financial plan and budget for the District government which meets the applicable requirements under
§ 47-392.01
, and submit such financial plan and budget to the Mayor, the Council, the President, and Congress.
(ii) Transmission of rejected financial plan and budget. — The Council shall promptly submit the revised financial plan and budget disapproved by the Authority under this subparagraph to the Mayor for transmission to the President and Congress under
§ 1-204.46
.
(D) Deemed approval after 15 days. —
(i) In general. — If the Authority has not provided the Mayor, the Council, the President, and Congress with a notice certifying approval under subparagraph (B)(i) of this paragraph or a statement of disapproval under subparagraph (C) of this paragraph upon the expiration of the 15-day period which begins on the date the Authority receives the revised financial plan and budget submitted by the Council under subparagraph (A) of this paragraph, the Authority shall be deemed to have approved the revised financial plan and budget and to have provided the Mayor, the Council, the President, and Congress with the notice certifying approval described in subparagraph (B)(i) of this paragraph.
(ii) Explanation of failure to respond. — If sub-subparagraph (i) of this subparagraph applies with respect to a financial plan and budget, the Authority shall provide the Mayor, the Council, the President and Congress with an explanation for its failure to provide the notice certifying approval or the statement of disapproval during the 15-day period described in sub-subparagraph (i) of this subparagraph.
(6) Deadline for transmission of financial plan and budget by Authority. — Notwithstanding any other provision of this section, not later than the June 15 preceding each fiscal year which is a control year, the Authority shall:
(A) Provide Congress with a notice certifying its approval of the Council's initial financial plan and budget for the fiscal year under paragraph (4)(A) of this subsection;
(B) Provide Congress with a notice certifying its approval of the Council's revised financial plan and budget for the fiscal year under paragraph (5)(B) of this subsection; or
(C) Submit to Congress an approved and recommended financial plan and budget of the Authority for the District government for the fiscal year under paragraph (5)(C) of this subsection.
(d) Action upon disapproval of Mayor's preliminary financial plan and budget. —
(1) Statement of disapproval. — If the Authority determines that the financial plan and budget for the fiscal year submitted by the Mayor under subsection (a) of this section does not meet the requirements applicable under
§ 47-392.01
, the Authority shall disapprove the financial plan and budget, and shall provide the Mayor and the Council with a statement containing:
(A) The reasons for such disapproval;
(B) The amount of any shortfall in the financial plan and budget; and
(C) Any recommendations for revisions to the financial plan and budget the Authority considers appropriate to ensure that the financial plan and budget meets the requirements applicable under
§ 47-392.01
.
(2) Authority review of Mayor's revised financial plan and budget. —
(A) Submission of Mayor's revised financial plan and budget. — Not later than 15 days after receiving the statement from the Authority under paragraph (1) of this subsection, the Mayor shall promptly submit to the Authority and the Council a revised financial plan and budget for the fiscal year which addresses the reasons for the Authority's disapproval cited in the statement.
(B) Approval of Mayor's revised financial plan and budget. — If the Authority determines that the revised financial plan and budget for the fiscal year submitted by the Mayor under subparagraph (A) of this paragraph meets the requirements applicable under
§ 47-392.01
:
(i) The Authority shall approve the financial plan and budget and shall provide the Mayor, the Council, the President, and Congress with a notice certifying its approval; and
(ii) The Mayor shall promptly submit the financial plan and budget to the Council pursuant to
§ 1-204.42
.
(C) Disapproval of Mayor's revised financial plan and budget. —
(i) In general. — If the Authority determines that the revised financial plan and budget for the fiscal year submitted by the Mayor under subparagraph (A) of this paragraph does not meet the requirements applicable under
§ 47-392.01
, the Authority shall:
(I) Disapprove the financial plan and budget;
(II) Shall provide the Mayor, the Council, the President, and Congress with a statement containing the reasons for such disapproval; and
(III) Recommend a financial plan and budget for the District government which meets the requirements applicable under
§ 47-392.01
and submit such financial plan and budget to the Mayor and the Council.
(ii) Submission of rejected financial plan and budget. — The Mayor shall promptly submit the revised financial plan and budget disapproved by the Authority under this subparagraph to the Council pursuant to
§ 1-204.42
.
(D) Deemed approval after 15 days. —
(i) In general. — If the Authority has not provided the Mayor, the Council, the President, and Congress with a notice certifying approval under subparagraph (B)(i) of this paragraph or a statement of disapproval under subparagraph (C) of this paragraph upon the expiration of the 15-day period which begins on the date the Authority receives the revised financial plan and budget submitted by the Mayor under subparagraph (A) of this paragraph, the Authority shall be deemed to have approved the revised financial plan and budget and to have provided the Mayor, the Council, the President, and Congress with the notice certifying approval described in subparagraph (B)(i) of this paragraph.
(ii) Explanation of failure to respond. — If sub-subparagraph (i) of this subparagraph applies with respect to a financial plan and budget, the Authority shall provide the Mayor, the Council, the President and Congress with an explanation for its failure to provide the notice certifying approval or the statement of disapproval during the 15-day period described in sub-subparagraph (i) of this subparagraph.
(3) Action by Council. —
(A) Adoption of financial plan and budget. — Notwithstanding the first sentence of
§ 1-204.46
, not later than 30 days after receiving the Mayor's approved revised financial plan and budget for the fiscal year under paragraph (2)(B) of this subsection or (in the case of a financial plan and budget disapproved by the Authority) the financial plan and budget recommended by the Authority under paragraph (2)(C)(i)(III) of this subsection, the Council shall by Act adopt a financial plan and budget for the fiscal year which shall serve as the adoption of the budgets of the District government for the fiscal year under such section, and shall submit the financial plan and budget to the Mayor and the Authority.
(B) Review by Authority. — The financial plan and budget submitted by the Council under subparagraph (A) of this paragraph shall be subject to review by the Authority and revision by the Council in the same manner as the financial plan and budget submitted by the Council after an approved preliminary financial plan and budget of the Mayor under paragraphs (3), (4), (5), and (6) of subsection (c) of this section.
(e) Revisions to financial plan and budget. —
(1) Permitting Mayor to submit revisions. — The Mayor may submit proposed revisions to the financial plan and budget for a control year to the Authority at any time during the year.
(2) Process for review, approval, disapproval, and Council action. — Except as provided in paragraph (3) of this subsection, the procedures described in subsections (b), (c), and (d) of this section shall apply with respect to a proposed revision to a financial plan and budget in the same manner as such procedures apply with respect to the original financial plan and budget, except that subparagraph (B) of subsection (c)(1) (relating to deemed approval by the Authority of a preliminary financial plan and budget of the Mayor) shall be applied as if the reference to the term "30-day period" were a reference to "20-day period".
(3) Exception for revisions not affecting appropriations. — To the extent that a proposed revision to a financial plan and budget adopted by the Council pursuant to this subsection does not increase the amount of spending with respect to any account of the District government, the revision shall become effective upon the Authority's approval of such revision (subject to review by Congress under
§ 1-206.02(c)
).
(f) Transfer of local or dedicated funds to the Capital Improvements Program. --
(1) For Fiscal Year 2020, the approved budget and financial plan shall include a minimum local funds transfer to the Capital Improvements Program ("CIP") of $58,950,000.
(2) Beginning with Fiscal Year 2021, and for each subsequent fiscal year thereafter until the provisions of paragraph (3) of this subsection are met, the approved budget and financial plan shall include a minimum transfer to or inclusion in the CIP of local funds, dedicated funds, or federal funds received by the District government pursuant to the Infrastructure Investment and Jobs Act, approved November 15, 2021 (Pub. L. No. 117-58; 135 Stat. 429), in the amount of $58,950,000 plus 25% of the amount by which the projected local funds revenue for that fiscal year exceeds the local funds revenue included in the budget and financial plan approved for Fiscal Year 2020 ("minimum transfer amount"); except, that in Fiscal Year 2025, the minimum transfer amount shall be $206 million.
(3) When the minimum transfer amount to the CIP under paragraph (2) of this subsection for any fiscal year causes the amount of funds in the CIP to equal or exceed the amount reported for additions to total accumulated depreciation of capital assets, as reported in the most recent comprehensive annual financial report for the District of Columbia, the approved budget and financial plan for the next fiscal year and for each subsequent year thereafter, shall include a minimum transfer amount to the CIP equal to the amount reported for additions to total depreciation of capital assets reported in the next annual financial report.
(i) Expedited submission and approval of consensus budget and financial plan. — Notwithstanding any other provision of this section, if the Mayor, the Council, and the Authority jointly develop a financial plan and budget for the fiscal year which meets the requirements applicable under
§ 47-392.01
and which the Mayor, Council, and Authority certify reflects a consensus among them:
(1) Such financial plan and budget shall serve as the budget of the District government for the fiscal year adopted by the Council under
§ 1-204.46
; and
(2) The Mayor shall transmit the financial plan and budget to the President and Congress under such section.
(j) Reserve funds. —
(1) Budget reserve. —
(A) In general. — For each of the fiscal years 2002 and 2003, the budget of the District government for the fiscal year shall contain a budget reserve in the following amounts:
(i) $120,000,000, in the case of fiscal year 2002.
(ii) $70,000,000, in the case of fiscal year 2003.
(B) Availability of funds. — Any amount made available from the budget reserve described in subparagraph (A) shall remain available until expended.
(C) Availability of fiscal year 2001 budget reserve funds. — For fiscal year 2001, any amount in the budget reserve shall remain available until expended.
(2) Cumulative cash reserve. — In addition to any other cash reserves required under [
§ 1-204.50a
], for each of the fiscal years 2004 and 2005, the budget of the District government for the fiscal year shall contain a cumulative cash reserve of $50,000,000.
(3) Conditions on use. — The District of Columbia may obligate or expend amounts in the budget reserve under paragraph (1) or the cumulative cash reserve under paragraph (2) only in accordance with the following conditions:
(A) The Chief Financial Officer of the District of Columbia shall certify that the amounts are available.
(B) The amounts shall be obligated or expended in accordance with laws enacted by the Council in support of each such obligation or expenditure.
(C) The amounts may not be used to fund the agencies of the District of Columbia government under court ordered receivership.
(D) The amounts may be obligated or expended only if the Mayor notifies the Committees on Appropriations of the House of Representatives and Senate in writing 30 days in advance of any obligation or expenditure.
(4) Replenishment. — Any amount of the budget reserve under paragraph (1) or the cumulative cash reserve under paragraph (2) which is expended in 1 fiscal year shall be replenished in the following fiscal year appropriations to maintain the required balance.
(j-1) Fiscal Stabilization Reserve Account. —
(1) The Chief Financial Officer shall create a segregated nonlapsing account within the cumulative General Fund of the District of Columbia ("General Fund") balance to be designated the Fiscal Stabilization Reserve Account.
(2) The Fiscal Stabilization Reserve Account may be used by the Mayor for the following purposes:
(A) Those purposes permitted for use of the Contingency Reserve Fund, specified in
§ 1-204.50a(b)(4)
, as certified by the Chief Financial Officer, with approval of the Council by act;
(B) Funding for locally approved expenditures during a lapse in regular appropriations; provided, that any amounts used must be replenished immediately at the conclusion of the lapse;
(C) Funding for the appropriations advance to District of Columbia Public Schools and District of Columbia Public Charter Schools as authorized by the annual budget and financial plan; provided, that any amounts used must be replenished immediately upon the approval of the District's annual budget for that year; and
(D) Funding for locally appropriated expenditures in Fiscal Year 2023.
(2A) The Fiscal Stabilization Reserve Account may be used by the Chief Financial Officer to cover cash flow needs; provided, that any amounts used shall be replenished to the Fiscal Stabilization Reserve Account in the same fiscal year.
(3) At full funding, the Fiscal Stabilization Reserve Account shall be equal to 2.34% of the District's General Fund operating expenditures for each fiscal year.
(j-2) Cash Flow Reserve Account. —
(1) The Chief Financial Officer shall create a segregated nonlapsing account within the cumulative General Fund balance to be designated the Cash Flow Reserve Account.
(2) The Cash Flow Reserve Account may be used by the Chief Financial Officer to cover the following:
(A) Cash-flow needs; provided, that any amounts used must be replenished to the Cash Flow Reserve Account in the same fiscal year; and
(B) Funding for locally approved expenditures during a lapse in regular appropriations; provided, that any amounts used must be replenished immediately at the conclusion of the lapse.
(3) At full funding, the Cash Flow Reserve Account shall be equal to 8.33% of the General Fund operating budget for each fiscal year.
(4) [Repealed].
(j-3) Fund Balance Deposit Requirements. — If either of the Fiscal Stabilization Reserve Account or the Cash Flow Reserve Account are below full funding, as specified in, respectively, subsections (j-1) and (j-2) of this section, immediately upon issue of the Comprehensive Annual Financial Report, the Chief Financial Officer shall deposit 50% of the undesignated end-of-year fund balance into each account, or 100% of the end-of-year fund balance into the remaining account that has not reached capacity, to fully fund these accounts to the extent that the undesignated end-of-year fund balance allows.
(j-4) [Increase in Fiscal Stabilization Reserve Account]. — If amounts required for the Emergency Cash Reserve Fund or the Contingency Reserve Fund pursuant to
§ 1-204.50a
are reduced, the amount required to be deposited in Fiscal Stabilization Reserve Account shall be increased by a like amount.
(j-5) [Use of Remaining Unrestricted Fund Balance]. — If at the close of a fiscal year, the District has fully funded the Emergency, Contingency, Fiscal Stabilization, and Cash Flow Reserves, all additional uncommitted amounts in the unrestricted fund balance of the General Fund of the District of Columbia as certified by the Annual Comprehensive Financial Report shall be used for the following purposes; except, that at the close of Fiscal Year 2022, $113 million of such additional uncommitted amounts instead shall be transferred to the District Unemployment Fund, established by
§ 51-102
:
(1) 50% shall be deposited in the Housing Production Trust Fund; and
(2) 50% shall be committed in the General Fund balance for Pay-As-You-Go Capital, to be transferred to the General Capital Improvements Fund upon appropriation to specific capital projects.
(k) Positive fund balance. — [Repealed].
(l) [DC Streetcar and Integrated Premium Transit System defined]. — [Repealed].
(Apr. 17, 1995, 109 Stat. 109, Pub. L. 104-8, § 202; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Aug. 5, 1997, 111 Stat. 779, Pub. L. 105-33, § 11603(b); Oct. 21, 1998, 112 Stat. 2681, Pub. L. 105-277, § 155; Apr. 20, 1999, D.C. Law 12-264, § 52(g), 46 DCR 2118; Nov. 29, 1999, 113 Stat. 1523, Pub. L. 106-113, § 148; Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 159(b); Dec. 21, 2001, 115 Stat. 923, Pub. L. 107-96,§ 133(a); Mar. 25, 2009, D.C. Law 17-360, § 2(d), 56 DCR 1200; Mar. 3, 2010, D.C. Law 18-111, § 7211(c), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 7162, 57 DCR 6242; Apr. 8, 2011, D.C. Law 18-370, § 792, 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 7012(a)(3), 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 8008, 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 8022, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, §§ 1042, 6033, 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 8032, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, §§ 6053, 7142, 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 8052, 64 DCR 7652; Mar. 19, 2020, D.C. Law 23-68, § 12(a), 67 DCR 743; Nov. 13, 2021, D.C. Law 24-45, § 7102, 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-167, §§ 7022, 7032, 69 DCR 009223.)