Code of the District of Columbia

Part R. H Street Retail Priority Area Fund.


§ 1–325.171. Definitions.

For the purposes of this part, the term:

(1) “Chief Financial Officer” means the Chief Financial Officer established by § 1-204.24(a).

(2) “DMPED” means the Office of the Deputy Mayor for Planning and Economic Development established by Mayor’s Order 99-62 (April 9, 1999).

(3) “Developer Sponsor” shall have the same meaning as provided in § 47-4634(1).

(4) “H Street Real Property Tax Increment Revenue” means the portion of the real property tax imposed by Chapter 8 of Title 47 on real property in the H Street, N.E., Retail Priority Area in any fiscal year that exceeds the amount of the real property tax imposed on the real property in the H Street, N.E., Retail Priority Area in the fiscal year ended September 30, 2007.

(5) Repealed.

(6) “H Street Retail Developer” means a person or corporation that proposes to, or provides technical assistance to, engage in the business of sale of personal property or services for use or consumption by the purchasers at locations in the H Street/Bladensburg Road/Benning Road, N.E., Corridor Retail Priority Area.

(7) “H Street Sales Tax Increment Revenue” means the portion of the sales tax imposed by Chapter 20 of Title 47 on goods and services sold in the H Street, N.E., Retail Priority Area in any fiscal year that exceeds the amount of the sales tax imposed in the H Street, N.E., Retail Priority Area in the fiscal year ended September 30, 2007.


(Apr. 8, 2011, D.C. Law 18-354, § 2, 58 DCR 754; Sept. 20, 2012, D.C. Law 19-168, § 2162(a), 59 DCR 8025; Feb. 26, 2015, D.C. Law 20-155, § 2092, 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 2022(a), 62 DCR 10905; June 5, 2018, D.C. Law 22-105, § 3(a), 65 DCR 3784.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added “or services” in (6).

The 2015 amendment by D.C. Law 20-155 added “and, after October 1, 2014, the Bladensburg Road, N.E., Retail Priority Area, as defined in § 2-1217.73” at the end of (5).

The 2015 amendment by D.C. Law 21-36 rewrote (5).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2162(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 2162(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 2092 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 2092 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 2092 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 2022(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–325.172. Establishment of the H Street Retail Priority Area Grant Fund.

(a) There is established as a nonlapsing fund outside the General Fund of the District of Columbia a fund designated as the H Street Retail Priority Area Grant Fund. The Chief Financial Officer shall pay upon April 8, 2011, an amount not to exceed $5 million annually, but not to exceed $25 million in the aggregate, of the H Street Real Property Tax Increment Revenue and the H Street Sales Tax Increment Revenue into the H Street Retail Priority Area Grant Fund.

(b) All funds deposited into the H Street Retail Priority Area Grant Fund, and any interest earned on those funds, 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, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.

(c) DMPED shall use a portion of each of the $5 million annual allocations into the H Street Retail Priority Area Grant Fund as follows:

(1)(A) Repay the General Fund of the District of Columbia annually for all tax abatements to the Developer Sponsor;

(B) The value of the tax abatements to the Developer Sponsor shall not exceed $5 million in the aggregate;

(2) Make grants to H Street Retail Developers in accordance with § 1-325.173;

(3) Beginning October 1, 2015, and ending September 30, 2018, make grants to support revitalization programs pursuant to § 2-1217.73b. Grants may be awarded for revitalization programs within any of the Retail Priority Areas established by or pursuant to § 2-1217.73.

(4)(A) In Fiscal Year 2016, the Deputy Mayor for Planning and Economic Development may use monies credited to the Fund to award up to $2 million in grants to one or more Qualified High Technology Companies (“QHTCs”), as defined by § 47-1817.01(5), for the purpose of assisting the recipients in making improvements to building space that is rented, or to be rented, and occupied exclusively, or to be occupied exclusively, by those QHTCs.

(B) The total amount of grants to a single recipient shall not exceed $1 million.

(d) The Mayor shall prepare and deliver an annual report to the Council each year on January 1st. The annual report shall contain a listing and description of each grant issued from the H Street Retail Priority Area Grant Fund pursuant to this part. Each listing shall contain specific information about the nature of the grant, the grantee, the use of the grant funds, the projected number of new jobs created for District residents, the projected economic benefit to the District, and any other information the Council may request regarding each grant.


(Apr. 8, 2011, D.C. Law 18-354, § 3, 58 DCR 754; Oct. 22, 2015, D.C. Law 21-36, §§ 2022(b), 2174, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 2132(a), 63 DCR 10775; June 5, 2018, D.C. Law 22-105, § 3(b), 65 DCR 3784.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 added (c)(3) and (c)(4); and made related changes.

Emergency Legislation

For temporary (90 days) amendment of this section, see §§  2022(b) and 2174 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–325.173. H Street/Bladensburg Road/Benning Road, N.E., Corridor Retail Priority Area business development.

(a) The Mayor shall publish no later than 120 days after April 8, 2011, and no less than annually after that date, a notice of funding availability to make grants to assist retail development projects which generate new jobs in new or improved existing retail space in the H Street/Bladensburg Road/Benning Road, N.E., Corridor Retail Priority Area.

(b)(1) Eligible development projects shall include businesses engaged in the sale of home furnishings, apparel, books, art, groceries, and general merchandise to specialized customers or service-oriented businesses providing a direct service to specialized customers or artistic endeavors, such as art galleries, theaters, or performing arts centers. Special consideration shall be given to businesses that include entrepreneurial and innovative retail elements.

(2) Eligible retail development projects shall not include liquor stores, restaurants whose annual alcohol sales exceed 20%, nightclubs, phone stores, or businesses with 20 or more locations in the United States.

(c) Eligibility for retail development projects shall include:

(1) Site control of the property either through fee simple ownership of the site or through an executed contract or lease with the property owner;

(2) Frontage on a commercial corridor within the H Street/Bladensburg Road/Benning Road, N.E., Corridor Retail Priority Area;

(3) Repealed;

(4) Execution of a First Source Agreement with the District’s Department of Employment Services; and

(5) Adherence to design, construction, and rehabilitation requirements as defined by DMPED.

(d)(1) A grant made available under this section shall be divided into thirds or fourths and disbursed accordingly in allotments to a grantee.

(2)(A) The Mayor shall request, and a grantee shall furnish, a receipt or receipts for the purpose of confirming that a grantee's expenditure of grant funds was allowable.

(B) Notwithstanding subparagraph (A) of this paragraph, unless the grantee fails to provide a receipt or receipts, the grantee's response shall not delay disbursement of the grantee's next allotment, except for the final allotment. Funds shall be made available to the grantee as quickly as possible.

(C) Nothing in this paragraph shall be construed to authorize the expenditure of grant funds inconsistent with their purpose.


(Apr. 8, 2011, D.C. Law 18-354, § 4, 58 DCR 754; Sept. 20, 2012, D.C. Law 19-168, § 2162(b), 59 DCR 8025; May 2, 2015, D.C. Law 20-262, § 4, 62 DCR 15116; Oct. 8, 2016, D.C. Law 21-160, § 2132(b), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 2153, 64 DCR 7652; June 5, 2018, D.C. Law 22-105, § 3(c), 65 DCR 3784.)

Section References

This section is referenced in § 1-325.172.

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 rewrote (b); and repealed (c)(3), which read: “Total retail space which is not less than 1,200 square feet.”

The 2015 amendment by D.C. Law 20-262 added “whose annual alcohol sales exceed 20%” in (b).

Emergency Legislation

For temporary (90-day) creation of this section, see § 2153 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90-day) creation of this section, see § 2153 of Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 3 of H Street, N.E., Retail Priority Area Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-17, Feb. 27, 2017, 64 DCR 2363).

For temporary (90 days) amendment of this section, see § 3 of H Street, N.E., Retail Priority Area Clarification Emergency Amendment Act of 2016 (D.C. Act 21-550, Nov. 29, 2016, 63 DCR 15020).

For temporary (90 days) amendment of this section, see § 4 of H Street, N.E., Retail Priority Area Clarification Emergency Amendment Act of 2015 (D.C. Act 21-6, Feb. 23, 2015, 62 DCR 2474).

For temporary (90 day) amendment of section, see § 2162(b) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 2162(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

For temporary (90 days) amendment of this section, see § 2 of the H Street, N.E., Retail Priority Area Incentive Emergency Amendment Act of 2014 (D.C. Act 20-460, Oct. 24, 2014, 61 DCR 11377, 20 STAT 4367).

For temporary (90 days) amendment of this section, see § 3 of the H Street, N.E., Retail Priority Area Clarification Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-65, May 22, 2015, 62 DCR 6865, 21 DCSTAT 1444).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3 of H Street, N.E., Retail Priority Area Clarification Temporary Amendment Act of 2016 (D.C. Law 21-224, Mar. 11, 2017, 64 DCR 184).

For temporary (225 days) amendment of this section, see § 2 of the H Street, N.E., Retail Priority Area Incentive Temporary Amendment Act of 2014 (D.C. Law 20-170, March 7, 2015, 61 DCR 12121).

For temporary (225 days) amendment of this section, see §§ 4 and 5 of the H Street, N.E., Retail Priority Area Clarification Temporary Amendment Act of 2015 (D.C. Law 21-1, June 4, 2015, 62 DCR 4550).