5799162 Resolution 21-341, Washington Metropolitan Area Transit Authority Safety Regulation Emergency Declaration Resolution of 2015

A RESOLUTION

                                                        

21-341

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

December 15, 2015         

 

           

To declare the existence of an emergency with respect to the need to enable the District to enter into an agreement with the State of Maryland and the Commonwealth of Virginia to create a new independent interstate entity to oversee the safety of Washington Metropolitan Area Transit Authority rail operations. 

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Washington Metropolitan Area Transit Authority Safety Regulation Emergency Declaration Resolution of 2015”.

 

            Sec. 2.  (a)  There is an immediate need to replace the current state safety oversight agency to address safety concerns with the rail operations of the Washington Metropolitan Area Transit Authority (“WMATA”). The emergency legislation authorizes the Mayor, in cooperation with Maryland and Virginia, to prepare needed legislation to replace the Tristate Oversight Committee (“TOC”), with a new independent interstate entity approved by the Federal Transit Administration ("FTA"). 

(b)  In 1997, the TOC was tasked with providing safety oversight for WMATA rail operations.  

(c)  In 2013, based on new federal standards, the FTA determined that the TOC was non-compliant and thus ineligible for grant funding.  Among the TOC’s deficiencies is its lack of enforcement authority. The TOC cannot compel WMATA to take action to address critical safety issues. 

            (d)  The federal government has provided funding, subject to District matching funds, to pay for the expenses of the formation of the replacement interstate safety oversight entity.  The State of Maryland and the Commonwealth of Virginia also receive such funds. 

(e) The 3 jurisdictions seek to enter into an agreement with the Metropolitan Washington Council of Governments  (“COG”) to transfer these combined federal and matching funds to COG for the purpose of retaining experts and consultants to assist in the preparation of legislation to create the replacement interstate safety oversight entity.

(f)  The District, the FTA, and WMATA passengers have a vested interest in seeing a strong safety oversight entity established as soon as possible.  The authorization granted in the emergency legislation is essential to establish that new, compliant interstate safety oversight entity.

Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Washington Metropolitan Area Transit Authority Safety Regulation Emergency Amendment Act of 2015 be adopted after a single reading.           

 

            Sec. 4.  This resolution shall take effect immediately.