b19-217 final report compiled - residential parking protection act of 2011, d.c. council

7/31/2019 B19-217 Final Report Compiled - Residential Parking Protection Act of 2011, D.C. Council

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Council of the District of Columbia

Committee on the Environment, Public Works, and Transportation

Committee Report1350 Pennsylvania Avenue, N.W., Washington, DC 20004

To: Members of the Council of the District of Columbia

From: Mary M. Cheh, ChairpersonCommittee on the Environment, Public Works, and Transportation

Date: June 13, 2012

Subject: Bill 19-217, Residential Parking Protection Act of 2012

The Committee on the Environment, Public Works, and Transportation, to which Bill 19-217, the Residential Parking Protection Act of 2012, was referred, reports favorably on theabove bill and recommends its approval by the Council of the District of Columbia with theincorporated amendments.

CONTENTS

Statement of Purpose and Effect Page 2

Legislative History Page 2

Background and Committee Reasoning Page 2

Section-by-Section Analysis Page 3

Summary of Public Hearing Page 3

Fiscal Impact Page 4

Analysis of Impact on Existing Law Page 4

Committee Action Page 4

List of Attachments Page 5


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STATEMENT OF PURPOSE AND EFFECT

B19-217 would amend the existing Residential Parking Permit program to eliminatereciprocity for full-time students with out-of-state registration in certain neighborhoods.

LEGISLATIVE HISTORY

April 5, 2011 Introduction of B19-217 by Councilmembers M. Brown, Wells, Biddle,Cheh, Thomas and Graham and referral to the Committee on theEnvironment, Public Works, and Transportation.

April 15, 2011 Notice of Intent to Act on B19-217 is published in the District ofColumbia Register.

November 18, 2011 Notice of Public Hearing on B19-217 is published in the District of

Columbia Register.

December 13, 2011 Public Hearing Held on B19-217 held by the Committee on theEnvironment, Public Works, and Transportation.

June 13, 2012 Consideration and vote on B19-217 by the Committee on theEnvironment, Public Works, and Transportation.

BACKGROUND AND COMMITTEE REASONING

On many residential streets throughout the District, a vehicle is required to display aResidential Parking Permit to park for more than two hours. These permits are issued for vehiclesregistered at addresses in Residential Parking Permit zones. Vehicles with a permit are notsubject to this two-hour time limit within their respective zones. Residential Parking Permits aregenerally only given to vehicles registered in the District. However, there are several instances inwhich the District will grant the same benefits as the Residential Parking Permit to a vehicleregistered in another jurisdiction. The District will issue a Reciprocity Permit for temporaryresidents who are full-time students, military personnel, members of Congress, presidentialappointees, and diplomats. The Reciprocity Permit must be renewed every year and comes withan additional fee.

Currently, students living near Georgetown University and George WashingtonUniversity are unable to receive Reciprocity Permits. This restriction was created because of theconcern of the effect that the large number of out-of-state students living in these neighborhoodscould have on on-street parking. Although universities do provide on-campus parking for theirstudents, it is generally more expensive than the Reciprocity Permit. As a result, many studentswould obtain Reciprocity Permits in order to park on residential streets, if it was available.


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The concerns about student parking in neighborhoods have been realized in theresidential neighborhoods surrounding American University. Because of student parking, manyresidents living there have found it very difficult to park on the street. This bill would addressthis problem by expanding the prohibition on issuing Reciprocity Permits to students to includethe neighborhoods surrounding American University.

As introduced, this bill would have eliminated the ability of students to obtainReciprocity Permits throughout the entire District. Based upon the testimony of students whoopposed this bill and residents who supported it, the Committee narrowed the bill to target theareas where on-street student parking seems most acute the neighborhoods surroundingAmerican University. Instead of eliminating the Reciprocity Permits program for studentsaltogether, this bill simply would expand the areas deemed ineligible for this program to alsoinclude the neighborhoods surrounding American University. Although students would no longerbe able to obtain Reciprocity Permits, they would still be able to obtain a Residential ParkingPermit by registering their vehicles in the District, like every other resident.

SECTION-BY-SECTION ANALYSIS

Section 2

This section would amend the District of Columbia Traffic Act of 1925 to addspecific reference to the Single Member Districts where students would no longerbe eligible for reciprocity permits.

Section 3

This section would delay the applicability of this legislation until January 1, 2013,and would make this bill subject to appropriations.

Section 4

This section would adopt the fiscal impact statement provided by the ChiefFinancial Officer.

Section 5

This bill would take effect following signature by the Mayor, a 30-dayCongressional review period, and publication in the District of ColumbiaRegister.

SUMMARY OF PUBLIC HEARING

On Tuesday December 13, 2012, the Committee on the Environment, Public Works, andTransportation held a hearing on 19-217, the Residential Parking Protection Act of 2012.Councilmember Mary M. Cheh, Chairperson of the Committee, called the hearing to order at10:40 a.m. in room 412 of the John A. Wilson Building. Councilmember Tommy Wells, Ward 6,and Councilmember Michael Brown

, at-large, were also in attendance.

The Committee received written and oral testimony from residents affected by studentparking, students, advocates, and Terry Bellamy, Director, District Department ofTransportation.


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Proponents of the bill explained that their neighborhoods are overrun with student cars.This undermines the original purpose of the Residential Parking Permit program, which was toensure the availability of on-street parking for residents living on that street. The overflow ofstudent parking into residential areas is only expected to increase as the universities grow andon-campus parking becomes scarcer. Director Bellamy also testified in support of the legislation.

He noted that besides preserving parking for residents, this legislation could have the addedbenefit of deterring some students from bringing their cars into the District when they enroll inlocal universities.

Opponents stated that students rightly belong in the class of people eligible forReciprocity Permits because they, like other members of that class, have more than a passingconnection to the District but may have other reasons not to register their vehicles in the District.For example, students may want to maintain registration in another state to obtain parkingprivileges in another state for when they return home during the summer or other holidays. Someopponents also raised questions as to whether singling out students in this legislation is contraryto the DC Human Rights Act, which requires a rational basis when making distinctions based on

matriculation status.

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Councilmember Cheh adjourned the hearing at 12:55 p.m. A video recording of thehearing can be viewed at oct.dc.gov. A copy of the witness list is included as Attachment D andcopies of witness testimony is included as Attachment E.

FISCAL IMPACT

The Committee on the Environment, Public Works, and Transportation finds that theprovisions of Bill 19-217 will have a negative fiscal impact of $58,100 in FY 2013 and $261,500during the financial plan period. A fiscal impact statement, prepared by the Chief FinancialOfficer and dated June 11, 2012, is attached to this report.

IMPACT ON EXISTING LAW

Bill 19-217 would amend language in the D.C. Code to prevent students from beingeligible for Reciprocity Permits in certain neighborhoods near American University.

COMMITTEE ACTION

The Committee on the Environment, Public Works, and Transportation met on June 13,2012 at 12:15 p.m. in room 123 of the John A. Wilson Building to consider and vote on theCommittee Print and Report of B19-217. Present and voting were Chairperson Cheh,

1 The Committee does not believe that expanding the restrictions on Reciprocity Permits violates the Human RightsAct. However, even if it did, the Council has the authority to amend current laws, such as the Human Rights Act, atany time.


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Councilmembers Jim Graham, Muriel Bowser, Tommy Wells, and Yvette Alexander.Chairperson Cheh gave a brief opening statement on the bill.

The Chairperson moved for the approval of the Committee Print of B19-217 which isincluded as Attachment F to this report.

The Committee voted 4-0-1 to approve the Committee Print of B19-217, with membersvoting as follows:

YES: Chairperson Cheh and Councilmembers Alexander, Bowser, and WellsNO: -PRESENT: Councilmember GrahamABSENT: -

Chairperson Cheh then moved for approval of the Committee Report on B19-217. TheCommittee voted 4-0-1 to approve the Committee Report, with members voting as follows:

YES: Chairperson Cheh and Councilmembers Alexander, Bowser, and WellsNO: -PRESENT: Councilmember GrahamABSENT: -

LIST OF ATTACHMENTS

(A) Bill 19-217, as introduced(B) Notice of Intent to Act on Bill 19-217, published in theDistrict of Columbia Register(C) Public Hearing Notice, published in theDistrict of Columbia Register(D) Public Hearing Agenda and Witness List(E) Written Testimony Provided to the Committee(F) Committee Print of Bill 19-217(G) Fiscal Impact Statement for Bill 19-217


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ATTACHMENT A


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__________________________ ____________________________2

Councilmember Tommy Wells Councilmember Michael A. Brown34

5

__________________________ ____________________________6 Councilmember Sekou Biddle Councilmember Mary Cheh7

8

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__________________________10Councilmember Harry Thomas Jr.11

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AN ACT1314

_________15

16

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA1718

__________________________________1920

Councilmembers Michael A. Brown, Tommy Wells, Sekou Biddle, Mary Cheh, and21

Harry Thomas Jr. introduced the following bill, which was referred to22

_____________________.2324

To repeal DC Code 50-1401.02(e) to ensure that full-time students who reside within25

the boundaries of the District of Columbia shall not be issued or use a reciprocity26parking sticker for out of state vehicles.27

28

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,29That this act may be cited as the Residential Parking Protection Act of 2011.30

31

Sec. 2. Section 8(e) of the District of Columbia Traffic Act of 1925, approved32

March 13, 1925 (43 Stat. 1123; D.C. Official Code 50-1401.02(e)) is repealed.3334

Sec. 3. Fiscal impact statement.35

The Council adopts the fiscal impact statement in the committee report as the36fiscal impact statement required by section 602(c)(3) of the District of Columbia Home37

Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-38

206.02(c)(3)).3940

Sec. 4. This act shall take effect following approval by the Mayor (or in the event41

of veto by the Mayor, action by the Council to override the veto), a 30-day period of42

Congressional review as provided in section 602(c)(1) of the District of Columbia Home43Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-44

206.02(c)(1)), and publication in the District of Columbia Register.45

46


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ATTACHMENT B


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ATTACHMENT C


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ATTACHMENT D


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C O U N C I L O F T H E D I S T R I C T O F C O L U M B I A

1 3 5 0 P E N N S Y L V A N I A A V E N U E , N . W . S U I T E 1 1 1 W A S H I N G T O N , D C 2 0 0 0 4

T E L E P H O N E : ( 2 0 2 ) 7 2 4 - 8 0 6 2 F A X : ( 2 0 2 ) 7 2 4 - 8 1 1 8

COMMITTEE ON THE ENVIRONMENT,

PUBLIC WORKS, AND TRANSPORTATIONMARY M. CHEH, CHAIR

WITNESS LIST

A PUBLIC HEARING ON

B19-006, FIREHOUSE PARKING EXCEPTIONAMENDMENTACT

B19-015, PERSONAL MOBILITYDEVICE FORPERSONS WITH DISABILITYAMENDMENTACT

B19-217, RESIDENTIAL PARKING PROTECTIONAMENDMENTACT

B19-514, NEIGHBORHOOD SPILLOVER PARKING PREVENTIONACT

B19-568,PEDESTRIAN PROTECTIONAMENDMENTACT

B19-571,PEDESTRIAN SAFE STREETS SPEED LIMITAMENDMENTACT

DECEMBER13,2011

10:30 AMROOM 412

JOHNA.WILSON BUILDING1350PENNSYLVANIAAVENUE,N.W.

PUBLIC WITNESSES

B19-006, Firehouse Parking Exception Amendment ActEdward C. Smith, President, Local No. 36, DC Fire Fighters Association

B19-217, Residential Parking Protection Amendment ActTim McBride, Public WitnessTom Smith, Spring Valley-Wesley Heights Citizens AssociationBill Bystricky, National Youth Rights AssociationSally Kram, Consortium of UniversitiesEvan Brown, Public WitnessPhilip Scranage, Public WitnessNoah Gray, Public Witness

B19-568, Pedestrian Protection Amendment ActMarlene Berlin, Public Witness

GOVERNMENT WITNESSES

Terry Bellamy, Director, District Department of Transportation


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ATTACHMENT E


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http:///reader/full/50-1401.02


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ATTACHMENT F


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Committee on the Environment, Public Works, and Transportation1

Bill 19-217, Committee Print2

June 13, 201234

5

AN ACT67

_________89

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA10

11__________________________________12

13

To limit the issuance of residential parking permits to full-time students with vehicles registered14

in another jurisdiction.1516

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this17

act may be cited as the Residential Parking Protection Act of 2012.18

Sec. 2. Section 8(e)(4) of the District of Columbia Traffic Act of 1925, approved March19

13, 1925 (43 Stat. 1123; D.C. Official Code 50-1401.02(e)(4)) is amended by striking the20

phrase ANC 3D06 and 3D09 and inserting the phrase ANC 3D01, 3D02, 3D06, 3D07, 3D08,21

3D09, and 3D10 in its place.22

Sec. 3. Applicability.23

This act shall apply as of whichever occurs later:24

(1) January 1, 2013; or25

(2) Upon the inclusion of its fiscal effect in an approved budget and financial26

plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a27

certification published by the Council in the District of Columbia Register..28

Sec. 4. Fiscal impact statement.29


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The Council adopts the fiscal impact statement in the committee report as the fiscal1

impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,2

approved December 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02 (c)(3)).3

Sec. 5. Effective date.4

This act shall take effect following approval by the Mayor (or in the event of veto by the5

Mayor, action by Council to override the veto), a 30-day period of Congressional review as6

provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December7

24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the District of8

Columbia Register.9


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ATTACHMENT G


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Government of the District of ColumbiaOffice of the Chief Financial Officer

Natwar M. GandhiChief Financial Officer

1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476www.cfo.dc.gov

MEMORANDUM

TO: The Honorable Mary M. Cheh

Acting Chair, Council of the District of Columbia

FROM: Natwar M. Gandhi

Chief Financial Officer

DATE: June 11, 2012

SUBJECT: Fiscal Impact Statement Residential Parking Protection Act of 2012

REFERENCE: Bill 19-217, Draft Committee Print shared with the Office of RevenueAnalysis on March 26, 2012

Conclusion

Funds are not sufficient in the FY 2012 budget and the FY 2013 through FY 2016 budget andfinancial plan to implement the bill. Implementation of the bill will result in lost permit revenue of$29,100 in FY 2012 and $261,500 from FY 2012 through FY 2016.

Implementation of the bill is subject to its inclusion in an approved budget and financial plan.

Background

The Department of Motor Vehicles (DMV) implements the Districts residential parking program.Only residents are eligible to participate in the residential parking program with a few exceptions 1for temporary residents through a reciprocity permit program. One exception allows full-timestudents who are compliant with the registration and licensing regulations of their permanentjurisdiction to obtain a one year reciprocity permit for $338. Students who reside in AdvisoryNeighborhood Commissions (ANC) 2A, 2E, and 3D 2

are unable to participate in the reciprocityprogram.

The bill imposes additional restrictions on ANC 3Ds Single Member Districts 01, 02, 07, 08, and 10.All of the newly restricted districts are located in the Northwest quadrant in the neighborhoods

1 Exceptions include students, diplomats, military personnel, presidential appointees, and members ofCongress.2 The ANC 3D restriction only applies to Single Member Districts 3D06 and 3D09.


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The Honorable Mary M. ChehFIS: B19-217, Residential Parking Protection Act of 2012, Draft Committee Print shared with the Office ofRevenue Analysis on March 26, 2012

surrounding American University. American University is one of two3

universities predominantlylocated within the Ward 3.

Financial Plan Impact

Funds are not sufficient in the FY 2012 budget and the proposed FY 2013 through FY 2016 budgetand financial plan to implement the bill. Implementation of the bill will result in lost permit revenueof $29,100 in FY 2012 and $261,500 from FY 2012 through FY 2016. Permit revenue is depositedinto the unrestricted portion of the local General Fund. Implementation of the bill is subject to itsinclusion in an approved budget and financial plan.

DMV issued nearly 200 student reciprocity permits to Ward 3 student residents in each of the last 3fiscal years. Since American University is the largest university wholly located within Ward 3, it isassumed that 87 percent of the issued permits are for American University students.

Estimated Fiscal Impact of Bill 19-217Residential Parking Protection Act of 2012

FY 2012 through FY 2016

FY 2012a FY 2013 FY 2014 FY 2015 FY 2016 Total

Local General FundRevenue Loss

$29,100 $58,100 $58,100 $58,100 $58,100 $261,500

Table Notesa Assumes August 1, 2012 implementation.

b19-217 final report compiled - residential parking protection act of 2011, d.c. council

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