(a) There is established as a special fund the Transportation Infrastructure Project Review Fund (“Fund”), which shall be administered by the Director of the DDOT in accordance with subsection (c) of this section.

(b) The Fund shall consist of the revenue collected from the following sources pursuant to § 50-921.02(f):

(1) Payments made by an individual or entity pursuant to an agreement entered into under § 50-921.02(f); and

(2) Payments made to the District for transportation infrastructure or public space improvements or mitigation measures, when the payments are made pursuant to an order of the Zoning Commission or the Board of Zoning Adjustment.

(c) The Fund shall be used for the following purposes:

(1) To fund the review of a project on private property or public space that may affect the transportation infrastructure or public space in the District or DDOT’s ability to manage and maintain the transportation infrastructure or public space in the District;

(2) To fund transportation infrastructure or public space improvements or mitigation measures related to a project on private property or public space that will affect the transportation infrastructure or public space in the District or DDOT’s ability to manage and maintain the transportation infrastructure or public space in the District;

(3) To fund transportation infrastructure or public space improvements or mitigation measures required pursuant to an order of the Zoning Commission or the Board of Zoning Adjustment; and

(4) To the extent not needed for the purposes set forth in paragraphs (1), (2), and (3) of this subsection, for local transportation enhancement projects, local transportation infrastructure projects, and studies on the effects of transportation infrastructure projects, including the effects of such projects on private property.

(d) The fees deposited into the Fund shall be separate from any funds paid for the temporary use of public space or the use of the public right of way, pursuant to Chapter 11 of Title 10 [§ 10-1101.01 et seq.].

(e)(1) The money deposited into the Fund, and any interest earned, 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.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(May 21, 2002, D.C. Law 14-137, § 9i; as added July 23, 2014, D.C. Law 20-128, § 2(c), 61 DCR 5722.)

For temporary (90 days) amendment of this section, see § 2(b) of the Transportation Infrastructure Mitigation Emergency Amendment Act of 2013 (D.C. Act 20-198, October 17, 2013, 60 DCR 15327).

For temporary (90 days) addition of D.C. Law 14-137, § 9i, concerning the Transportation Infrastructure Project Review Fund, see § 2(c) of the Transportation Infrastructure Mitigation Emergency Amendment Act of 2013 (D.C. Act 20-198, October 17, 2013, 60 DCR 15327).

For temporary (90 days) amendment of this section, see §§ 2(b) and 3 of the Transportation Infrastructure Mitigation Congressional ReviewEmergency Amendment Act of 2014 (D.C. Act 20-268, January 15, 2014, 61 DCR 785).

For temporary (90 days) addition of D.C. Law 14-137, § 9i, concerning the Transportation Infrastructure Project Review Fund, see §§ 2(c) and 3 of the Transportation Infrastructure Mitigation Congressional Review Emergency Amendment Act of 2014 (D.C. Act 20-268, January15, 2014, 61 DCR 785).

For temporary (225 days) amendment of this section, see § 2(b) of the Transportation Infrastructure Mitigation Temporary Amendment Act of 2013 (D.C. Law 20-68, February 22, 2014, 61 DCR 19.

For temporary (225 days) addition of D.C. Law 14-137, § 9i, concerning the Transportation Infrastructure Project Review Fund, see§ 2(c) of the Transportation Infrastructure Mitigation Temporary Amendment Act of 2013 (D.C. Law 20-68, February 22, 2014, 61 DCR19.