B 26-0770

1
2
3
4
5______________________________
6Chairman Phil Mendelson
7
8A BILL
9______
10
11IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12
13_______
14
15 To amend the Restoration of Covenanted Roads and Alleys by the District Government Act of
162024 to further clarify the District’s authority to repair or restore certain private rights-of-
17way to a condition appropriate for the passage of motor vehicles owned or operated by
18the District government.
19
20BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
21 act may be cited as the “Restoration of Covenanted Roads and Alleys by the District
22 Government Clarification Amendment Act of 2026”.
23Sec. 2. Section 2 of the Restoration of Covenanted Roads and Alleys by the District
24 Government Act of 2024, effective March 28, 2025 (D.C. Law 25-320; D.C. Official Code § 9-
25 401.19), is amended as follows:
26(a) Subsection (c) is amended as follows:
27(1) The lead-in language is amended by striking the phrase “this section” and
28 inserting the phrase “subsection (a) of this section” in its place.
29(2) Paragraph (2) is amended by striking the phrase “, and impose such other
30 conditions as the Mayor deems appropriate.” and inserting the phrase “as the Mayor deems
31 appropriate.” in its place.
32(b) New subsections (e) and (f) are added to read as follows:
33“(e)(1) The Mayor may also repair or restore a private right-of-way to such condition as
34 the Mayor deems appropriate for the passage of motor vehicles owned or operated by the District
                                                   1
35 government, and the Mayor may enter such private right-of-way for the purpose of such repair or
36 restoration, if:
37“(A) The private right-of-way is used by the District government to
38 provide regular trash removal service;
39“(B) The private right-of-way is not in a state of good repair, as
40 determined by the Mayor, for the passing of motor vehicles by the District government for
41 regular trash removal service;
42“(C) The owner of the private right-of-way has not covenanted for the
43 benefit of the District government, and is not otherwise legally obligated for the benefit of the
44 District government, to maintain the private right-of-way in a state of good repair for regular
45 trash removal service; and
46“(D) The owner of the private right-of-way has consented to the Mayor’s
47 repair or restoration of the private right-of-way and has provided a release of liability and
48 indemnification related to the repair or restoration.
49“(2) Before repairing or restoring a private right-of-way under this subsection, the
50 Mayor shall attempt to:
51“(A) Obtain from each owner of property likely to be impacted by the
52 repair or restoration of the private right-of-way a release of liability and indemnification related
53 to the repair or restoration; and
54“(B) Obtain such other releases and indemnifications as the Mayor deems
55 appropriate.
56“(f) As a condition of repairing or restoring a private right-of-way under this section, the
57 Mayor may impose such terms and conditions as the Mayor deems appropriate.”.
58Sec. 3. Fiscal impact statement.
                                                    2
59The Council adopts the fiscal impact statement in the committee report as the fiscal
60 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
61 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
62Sec. 4. Effective date.
63This act shall take effect following approval by the Mayor (or in the event of veto by the
64 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
65 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
66 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
67 Columbia Register.
68
69
                                                3