Code of the District of Columbia

§ 1–328.04. Deputy Mayor for Planning and Economic Development grant-making authority.

(a) The Deputy Mayor for Planning and Economic Development (“Deputy Mayor”) shall have grant-making authority for the purpose of providing:

(1) Funds in support of the Skyland project;

(2) Commercial revitalization services for properties adjacent to the Skyland project;

(3) Repealed;

(4) Funds for the creation of affordable housing for District residents;

(5) Funds in support of the Retail Priority Areas (Great Streets Initiative) pursuant to subchapter IX-A of Chapter 12 of Title 2.

(6) Funds in support of the redevelopment of the St. Elizabeths East Campus Redevelopment Site, as defined in § 1-325.361; and

(7) Funds in support of the redevelopment of the Walter Reed Redevelopment Site, as defined in § 2-1227.01(17).

(b) The Deputy Mayor may make grants for fiscal year 2013 as follows:

(1) An amount of $100,000 for sector consultants;

(2) An amount of $350,000 for local business promotion;

(3) An amount of $75,000 for regional economic development;

(4) An amount of $50,000 for the Bank on DC program;

(5) An amount of up to $700,000 for the purpose of providing interior tenant improvement assistance to an entity that agrees to operate a table service restaurant at 3220 Pennsylvania Avenue, S.E., also commonly known as the Penn Branch Shopping Center; and

(6) An amount of $800,000 for the purpose of providing assistance to a mixed- use development located in Ward 7, including 100% affordable housing units supporting former Lincoln Heights residents.

(b-1)(1) The Deputy Mayor may make grants for fiscal year 2014 as follows:

(A) An amount of $100,000 for sector consultants;

(B) An amount of $350,000 for local business promotion;

(C) An amount of $75,000 for regional economic development; and

(D) An amount of $50,000 for increasing access to financial services and products to unbanked and under-banked residents.

(2) Grants made pursuant to this subsection shall be administered pursuant to the requirements set forth in part B of subchapter XII-A of this chapter [§ 1-328.11 et seq.].

(c) In addition to the grant-making authority provided in subsection (a)(4) of this section, the Deputy Mayor shall have the authority to issue loans for the creation of affordable housing for District residents.

(d) Notwithstanding § 1-328.13, the Deputy Mayor shall have grant-making authority for the purpose of providing:

(1) Funds as may be necessary to implement projects that are part of the New Communities Initiative, as that term is defined in § 42-2802(b)(11)(B); provided, that such funds are included in the approved operating budget for the New Communities Initiative program or the approved capital budget for the New Communities Initiative project;

(2) Funds to the Washington Convention Center Marketing Fund established by § 10-1202.08a, to supplement funds included in an approved budget for marketing-service contracts pursuant to subsections (e) and (e-1) of that section;

(3) Funds to the Washington DC Economic Partnership; provided, that such funds are included in an approved budget and designated for the Washington DC Economic Partnership;

(4)(A) Funds to equity impact enterprises operating in Ward 5, 7, or 8 to increase economic or community development in an underserved area of the District;

(B) For the purposes of this paragraph, the term "equity impact enterprise" shall have the same meaning as set forth in § 2-218.02(8A);

(5) Funds to provide real property tax rebates pursuant to D.C. Official Code § 47-4665, in amount not to exceed $3 million in a fiscal year; except, that in Fiscal Year 2021, the amount shall not exceed $580,366;

(6) Beginning in Fiscal Year 2021 and annually thereafter, the Deputy Mayor shall award a grant of not less than $200,000 to an organization that advances equitable economic development by facilitating and increasing the number of procurement contracts for products and services between District-based businesses and large-scale anchor institutions, such as universities and hospitals.

(e) In addition to the grant-making authority provided in subsection (d) of this section, the Deputy Mayor shall have the authority to transfer funds to Events DC pursuant to a Memorandum of Agreement or Memorandum of Understanding between the Deputy Mayor and Events DC.

(f) Notwithstanding § 1-328.13, the Deputy Mayor for Planning and Economic Development may make a grant in Fiscal Year 2018 to the African American Civil War Memorial Freedom Foundation, Inc. in an amount not to exceed $500,000 for the purpose of redeveloping the African American Civil War Museum, located at 1925 Vermont Avenue, N.W.

(g) Notwithstanding part B of this subchapter, in Fiscal Year 2020, the Deputy Mayor for Planning and Economic Development shall award a grant to assist with capital improvements and related facility maintenance, and general operating expenses for a theatre that is a National Center for Latino Performing Arts, located in the District-owned Tivoli Building, in an amount not to exceed $1 million.

(h)(1)(A) Notwithstanding part B of this subchapter, and subject to subparagraph (B) of this paragraph and paragraph (2) of this subsection, the Deputy Mayor shall have grant-making authority to provide funds to Check It Enterprises for the acquisition of the Property to continue the current business operations of Check It Enterprises, We Act Radio, and The District Culture at the Property to serve as a community resource for the Anacostia Historic District.

(B)(i) If the purchase price of the Property is less than the amount of the grant provided pursuant to subparagraph (A) of this paragraph, Check It Enterprises shall return the amount not needed for the purchase to the District government within 10 days of the closing on the property.

(ii) Any monies returned to the District government pursuant to sub-subparagraph (i) of this subparagraph shall be deposited in the General Fund of the District of Columbia.

(2) The grant of funds provided pursuant to this subsection shall be subject to the terms of a grant agreement between the Deputy Mayor and Check It Enterprises ("Grant Agreement") that shall provide that:

(A) Upon acquisition of the Property, Check It Enterprises shall enter into a lease agreement period of no fewer than 5 years with:

(i) WE ACT Radio for that portion of the Property that WE ACT Radio currently occupies ("1918 MLK"), at a rate not to exceed the amount charged immediately preceding the acquisition and provide WE ACT Radio an option to extend the lease agreement for no fewer than 5 years at a gross rent rate that shall not exceed an increase of 5% over the rate charged under the immediately preceding agreement for as long as WE ACT Radio remains in business at 1918 MLK; and

(ii) The District Culture for that portion of the Property that The District Culture currently occupies ("1922 MLK"), at a rate not to exceed the amount charged immediately preceding the acquisition and provide The District Culture an option to extend the lease agreement for no fewer than 5 years at a gross rent rate that shall not exceed an increase of 5% over the rate charged under the immediately preceding agreement for as long as The District Culture remains in business at 1922 MLK.

(B) Check It Enterprises may enter into a contract for architectural design services, construction services, or materials needed for the development, remodel, or construction of the Property; provided that:

(i) The contract is subject to the contracting and procurement requirements under subchapter IX-A of Chapter 2 of Title 2 and subchapter X of Chapter 2 of Title 2; and

(ii) WE ACT Radio and The District Culture shall retain a Right to Return after the completion of any development, remodel, or construction of the Property.

(C) If WE ACT Radio ceases to occupy 1918 MLK or The District Culture ceases to occupy 1922 MLK, Check It Enterprises shall lease to tenants that are social enterprises a square footage that is the same or greater than that occupied by WE ACT Radio or The District Culture on December 2019.

(D)(i) If Check It Enterprises ceases to lease that portion of the Property as required in subparagraph (C) of this paragraph, uses the grant funds for an unauthorized purpose, uses the grant funds for any purpose other than the acquisition of the Property or costs and fees associated with the acquisition, or otherwise breaches the Grant Agreement, all grant funds shall be returned to the District; and

(ii) In the event of a breach by Check It Enterprises, the Deputy Mayor shall have all applicable remedies available at law or equity.

(E)(i) In the event that Check It Enterprises, or a subsidiary or affiliate of Check It Enterprises, seeks to sell or transfer the Property to a third party, the District government shall have the right of first refusal.

(ii) Check It Enterprises must notify the District government in writing before it intends to sell or transfer the Property. The District government shall have 120 days from receiving the written notice to purchase the Property at a price equal to the assessed value of the Property discounted by the sum of the grant provided pursuant to paragraph (1) of this subsection adjusted by annual inflation since the date the grant was issued.

(F) If the District government does not exercise the right of first refusal and the Property is sold or transferred to a third party, Check It Enterprises, or a subsidiary or affiliate of Check It Enterprises shall within 30 days of the Property being sold or transferred return to the District the sum of the grant provided pursuant to paragraph (1) of this subsection adjusted by annual inflation since the date the grant was issued.

(3) For the purpose of this subsection, the term:

(A) "Check It Enterprises" means Check It Enterprises LLC, a District of Columbia limited liability company at 1920 Martin Luther King Jr. Avenue, S.E., Washington, D.C., 20020.

(B) "Gross rent" means a flat rent fee that encompasses rent and all costs associated with ownership, such as taxes, insurance, and utilities.

(C) "Property" means the real property, and any structures thereon, located at 1918, 1920, and 1922 Martin Luther King Jr. Avenue, S.E., Washington, D.C., 20020, known for assessment and tax purposes as Lots 851, 852, 853 in Square 5769.

(D) "Right of first refusal" means that if an owner of a Property places or intends to place the Property for sale or to transfer the Property to a third party, the District government shall have the first right to purchase the Property.

(E) "Right to Return" means WE ACT Radio or The District Culture, or both, has the right to return to a space in the Property that is the same or greater square footage that the entity occupied on December 2019 if displaced for renovation, rehabilitation, or redevelopment of the Property.

(F) "Social enterprise" means a business whose purpose is to generate profits while simultaneously advancing a social goal, such as supporting at-risk youth and workforce development.

(G) "The District Culture" means The District Culture, LLC, a District of Columbia limited liability company, currently occupying 1922 Martin Luther King Jr. Avenue, S.E., Washington, D.C., 20020.

(H) "Third party" means an individual, firm, corporation, partnership, company, cooperative, association, trust, or any other organization, legal entity, or group of individuals. The term "third party" shall not include Check It Enterprises or a subsidiary or affiliate of Check It Enterprises.

(I) "WE ACT Radio" means Newton Media Group, LLC, a District of Columbia limited liability company, currently occupying 1918 Martin Luther King Jr. Avenue, S.E., Washington, D.C., 20020.

(i)(1) Notwithstanding section 1094 of the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.13), in Fiscal Year 2021, the Deputy Mayor shall award a grant to a bank chartered under the laws of the District on or before March 11, 2020, in an amount of at least $1 million for purposes that:

(A) Support an equitable economic recovery for the District of Columbia; and

(B) Increase access to loans, grants, financial services, and banking products to District residents, businesses, nonprofits, and community-based organizations.

(2) A grantee who receives a grant pursuant to paragraph (1) of this subsection shall submit to the Deputy Mayor by September 30, 2021, information on the use of the grant funds, including:

(A) A description of services provided through the grant funds;

(B) The aggregate number of individuals, businesses, nonprofits, and community-based organization, by recipient type, receiving support from the grantee and the aggregate amount received, by recipient type;

(C) Except as may be prohibited by federal law, the business name and address for each business receiving support from the grantee and the amount received by each such business; and

(D) The number of homeowners receiving support from the grantee and the total amount spent to assist District homeowners.

(3) The Deputy Mayor shall provide to the Council a report based on the information required by paragraph (2) of this subsection, along with a summary analysis of the efficacy and benefits of the grants issued by the grantee, by November 1, 2021.


(Sept. 20, 2012, D.C. Law 19-168, § 2032, 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 2002(a), 60 DCR 12472; Oct. 8, 2016, D.C. Law 21-160, § 2042, 63 DCR 10775; Oct. 30, 2018, D.C. Law 22-168, §§ 2022, 2102, 65 DCR 9388; Mar. 19, 2020, D.C. Law 23-68, § 4, 67 DCR 743; May 5, 2020, D.C. Law 23-83, § 2, 67 DCR 3082; Dec. 3, 2020, D.C. Law 23-149, § 2052, 67 DCR 10493.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 repealed (a)(3); and added (b-1).

Applicability

Section 16 of D.C. Law 23-68 provided that the changes made to this section by D.C. Law 23-68 shall apply as of October 1, 2019.

Section 2103 of D.C. Law 22-168 provided that the changes made to this section by section 2102 of D.C. Law 22-168 shall apply as of July 1, 2018.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Deputy Mayor for Planning and Economic Development Limited Grant Making Authority for Check It Enterprises Emergency Amendment Act of 2020 (D.C. Act 23-246, Mar. 11, 2020, 67 DCR 3089).

For temporary (90 days) amendment of this section, see § 4 of Fiscal Year 2020 Budget Support Clarification Second Emergency Amendment Act of 2019 (D.C. Act 23-201, Jan. 22, 2020, 67 DCR 731).

For temporary (90 days) amendment of this section, see § 2 of Fiscal Year 2020 Budget Support Clarification Emergency Amendment Act of 2019 (D.C. Act 23-165, Nov. 20, 2019, 66 DCR 15351).

For temporary (90 days) amendment of this section, see § 2102 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) , see § 2022 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 2102 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) , see § 2022 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) requirement that the Office of the Deputy Mayor for Planning and Economic Development award a grant to the Coalition for Nonprofit Housing and Economic Development, see § 2112 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) requirement that the Office of the Deputy Mayor for Planning and Economic Development award a grant to the Coalition for Nonprofit Housing and Economic Development, see § 2112 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2 of the Deputy Mayor Planning and Economic Development Limited Grant-Making Authority Emergency Act of 2013 (D.C. Act 20-48, April 12, 2013, 60 DCR 5770, 20 DCSTAT 1354).

For temporary (90 days) amendment of this section, see § 2 of the Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Congressional Review Emergency Act of 2013 (D.C. Act 20-132, July 30, 2013, 60 DCR 11529, 20 DCSTAT 1971).

For temporary (90 days) amendment of this section, see § 2002(a) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 2002(a) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3 of Fiscal Year 2020 Budget Support Clarification Temporary Amendment Act of 2019 (D.C. Law 23-48, Jan. 28, 2020, 66 DCR 16179).

For temporary (225 days) amendment of this section, see § 2 of the Deputy Mayor Planning and Economic Development Limited Grant-Making Authority Temporary Amendment Act of 2013 (D.C. Law 20-12, July 13, 2013, 60 DCR 7238, 20 DCSTAT 1759).

Short Title

Section 2001 of D.C. Law 20-61 provided that Subtitle A of Title II of the act may be cited as the “Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Amendment Act of 2013”.

Editor's Notes

For a requirement that the Office of the Deputy Mayor for Planning and Economic Development award a grant to the Coalition for Nonprofit Housing and Economic Development, see section 2112 of D.C. Law 22-33.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.