B 26-0765

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                                            AN ACT
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                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on an emergency basis, the Restoration of Covenanted Roads and Alleys by the
      District Government Act of 2024 to further clarify the District’s authority to repair or
      restore certain private rights-of-way to a condition appropriate for the passage of motor
      vehicles owned or operated by the District government.
       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the “Restoration of Covenanted Roads and Alleys by the District
Government Clarification Emergency Amendment Act of 2026”.
        Sec. 2. Section 2 of the Restoration of Covenanted Roads and Alleys by the District
Government Act of 2024, effective March 28, 2025 (D.C. Law 25-320; D.C. Official Code § 9-
401.19), is amended as follows:
        (a) Subsection (c) is amended as follows:
                (1) The lead-in language is amended by striking the phrase “this section” and
inserting the phrase “subsection (a) of this section” in its place.
                (2) Paragraph (2) is amended by striking the phrase “, and impose such other
conditions as the Mayor deems appropriate.” and inserting the phrase “as the Mayor deems
appropriate.” in its place.
        (b) New subsections (e) and (f) are added to read as follows:
        “(e)(1) The Mayor may repair or restore a private right-of-way to such condition as the
Mayor deems appropriate for the passage of motor vehicles owned or operated by the District
government, and the Mayor may enter such private right-of-way for the purpose of such repair or
restoration; provided, that:
                        “(A) The private right-of-way is used by the District government to
provide regular trash removal service;
                        “(B) The private right-of-way is not in a state of good repair, as
determined by the Mayor, for the passing of motor vehicles by the District government for
regular trash removal service;
                        “(C) The owner of the private right-of-way has not covenanted for the
benefit of the District government, and is not otherwise legally obligated for the benefit of the
District government, to maintain the private right-of-way in a state of good repair for regular
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trash removal service; and
                        “(D) The owner of the private right-of-way has consented to the Mayor’s
repair or restoration of the private right-of-way and has provided a release of liability and
indemnification related to the repair or restoration.
                “(2) Before repairing or restoring a private right-of-way under this subsection, the
Mayor shall attempt to:
                        “(A) Obtain from each owner of property likely to be impacted by the
repair or restoration of the private right-of-way a release of liability and indemnification related
to the repair or restoration; and
                        “(B) Obtain such other releases and indemnifications as the Mayor deems
appropriate.
        “(f) As a condition of repairing or restoring a private right-of-way under this section, the
Mayor may impose such terms and conditions as the Mayor deems appropriate.”.
       Sec. 3. Fiscal impact statement.
       The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
statement required by section 4a of the General Legislative Procedures Act of 1975, approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
       Sec. 4. Effective date.
       This act shall take effect following approval by the Mayor (or in the event of veto by the
Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
90 days, as provided for emergency acts of the Council of the District of Columbia in section
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412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
D.C. Official Code § 1-204.12(a)).
              ___________________________________
              Chairman
              Council of the District of Columbia
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Mayor
District of Columbia
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