T&E Item 2
Transportation, Infrastructure, Energy and Enviro17rnt Committee
Robert H. Drummer, Senior Legislative AttomeyW-
Glenn Orlin, Deputy Council Administrator
Bill 24-13, Streets and Roads
Authorization of Construction
Bill 24-13, Streets and Roads Authorization of Construction Amendments, sponsored
by Councilmembers Berliner, Floreen, and Riemer, was introduced on July 30. A public hearing
was held on September 10.
Bill 24-13 would:
• continue to require the Executive to hold a public hearing before authorizing an
assessment of costs for constructing a road;
• repeal the requirement that the Executive authorize the construction of a road
before beginning construction; and
• require the Director of Transportation to hold a hearing to receive comments on
the design of a road before beginning construction.
A County road construction project must be approved in the County's Six-Year Capital
Improvements Program (CIP). Construction cannot begin until the road project is funded in the
County's Capital Budget. Charter §304 requires the Council to hold public hearings on the
proposed budget and the proposed CIP before final approval. Many County road proj ects are
also "special capital improvement projects" that must be authorized by separate legislation after
a public hearing and may also be petitioned to referendum before the voters. Despite these
opportunities for public input during the CIP and budget process, current law also requires the
Executive to hold a public hearing and authorize a road construction project that is already
included in the approved CIP before beginning construction. Bill 24-13 would eliminate this
duplicative step in the process.
The Bill would continue to require the Executive to conduct a hearing before authorizing
an assessment against adjoining properties to finance the road project where the affected
property owners can challenge the proposed assessment. Although the Executive often receives
comments from the public on the design of the project at the authorization hearing, the Bill
would require the Director of the Department of Transportation (DOT) to hold a public hearing
just to receive comments on the design before beginning construction.