D.C. Law 23-176. Fiscal Year 2021 Budget Support Clarification Temporary Amendment Act of 2020.

D.C. Law 23-176. Fiscal Year 2021 Budget Support Clarification Temporary Amendment Act of 2020.

AN ACT

To amend, on a temporary basis, the Fiscal Year 2021 Budget Support Act of 2020, the Fiscal Year 2021 Budget Support Emergency Act of 2020, the Washington Convention Center Authority Act of 1994, Title 47 of the D.C. Official Code, and the District of Columbia Traffic Act, 1925, to clarify provisions supporting the Fiscal Year 2021 budget; and to authorize the Chief Financial Officer to impose a fee or processing cost related to a payment made by credit card or other electronic payment method.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Fiscal Year 2021 Budget Support Clarification Temporary Amendment Act of 2020".

Sec. 2. The Fiscal Year 2021 Budget Support Act of 2020, enacted on August 31, 2020 (D.C. Act 23-407; 67 DCR 10493), is amended as follows:

Note § 6-271

(a) Section 2192 is amended as follows:

(1) Subsection (a) is amended to read as follows:

"(a)(1) Capital project DHA21C ("DHA21C") shall be administered by the Office of the Chief Financial Officer ("OCFO"), with available project allotments advanced to the District of Columbia Housing Authority ("Authority") on a quarterly basis for the encumbrances and expenditures planned for that quarter; provided, that the requirements of subsection (b) of this section are met.

"(2) DHA21C funds shall be used by the Authority to fund capital-eligible construction, renovation, or rehabilitation subprojects that:

"(A) Increase the longevity of public housing units;

"(B) Prevent existing tenants from being displaced; or

"(C) Increase the availability of public housing units for existing District of Columbia residents listed on the Authority's waitlist.

"(3) DHA21C funds shall not be used to fund the Authority's operating costs, renovation, or rehabilitation of any unit set to be demolished, sold, or otherwise removed from the Authority inventory, or any administrative or overhead costs not specifically attributable to a subproject.".

(2) Subsection (b) is amended to read as follows:

"(b)(1) Each fiscal year that DHA21C funds are available, the Authority shall submit to the Mayor, the Council, and the OCFO a proposed spending plan, which shall include:

"(A) Documentation that planned encumbrances and expenditures are capital eligible; and

"(B) Information on each subproject for which the Authority proposes to use DHA21C funds, including, at a minimum:

"(i) The proposed location of the subproject;

"(ii) A detailed proposed scope of the subproject;

"(iii) A detailed proposed line-item budget for the subproject;

"(iv) A detailed proposed timeline for the subproject; and

"(v) A statement of whether the implementation of the proposed subproject will require the relocation of tenants and, if relocation is required, a detailed proposed relocation plan.

"(2) In the event of significant delays or changes in planned encumbrances and expenditures for any subproject during the fiscal year, the Authority shall update its spending plan and provide additional documentation as needed to minimize unencumbered and unexpended transfers, avoid causing the District to incur unnecessary debt service costs, and ensure that all subproject encumbrances and expenditures are capital eligible.".

(3) A new subsection (d) is added to read as follows:

"(d) The Inspector General of the District of Columbia shall audit the Authority's capital project DHA21C financial statements for the previous fiscal year not later than February 1, 2021, and not later than each February 1 thereafter for as long as DHA21C funds remain unspent by the Authority. The Inspector General shall submit to the Mayor, the Chief Financial Officer, and the Council a report on the results of each audit.".

Note § 10-1202.03a

(b) Amendatory section 203a of the Washington Convention Center Authority Act of 1994, enacted on August 31, 2020 (D.C. Act 23-407; 67 DCR 10493), in section 7212 is amended as follows:

(1) Subsection (a) is amended as follows:

(A) The lead-in language is amended as follows:

(i) Strike the phrase "the Washington Convention and Sports Authority shall" and insert the phrase "the Washington Convention and Sports Authority ("Events DC") shall" in its place.

(ii) Strike the phrase "a District resident shall" and insert the phrase "a District resident shall, at the time of application for assistance under this section" in its place.

(B) Paragraph (1) is amended to read as follows:

"(1) Demonstrate loss of income due to the public health emergency;".

(C) Paragraph (2) is amended to read as follows:

"(2)(A) Be ineligible for:

"(i) Unemployment insurance; or

"(ii) COVID-19 relief; or

"(B) Be a returning citizen, as defined by section 2(5) of the Office on Ex-Offender Affairs and Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1301(5)), whose incarceration ended not more than 6 months before the time of application for assistance under this section; and".

(C) A new paragraph (3) is added to read as follows:

"(3) Provide a:

"(A) Signed certification that the resident's loss of income stems from the public health emergency; and

"(B) Proof of residency and eligibility for relief, as determined by Events DC and consistent with rules and standards for COVID-19 relief programs administered by Events DC.".

(2) Subsection (d)(2) is amended to read as follows:

"(2) "COVID-19 relief" means federal monetary unemployment assistance provided under the Coronavirus Aid, Relief, and Economic Security Act, approved March 27, 2020 (134 Stat. 281; 15 U.S.C. § 9001 et seq.), which shall include tax credits but shall not include federal Economic Impact Payments or other stimulus relief for which eligibility is not contingent on the recipient's employment status.".

Sec. 3. Section 2192 of the Fiscal Year 2021 Budget Support Emergency Act of 2020, effective August 19, 2020 (D.C. Act 23-404; 67 DCR 10098), is amended as follows:

(a) Subsection (a) is amended to read as follows:

"(a)(1) Capital project DHA21C ("DHA21C") shall be administered by the Office of the Chief Financial Officer ("OCFO"), with available project allotments advanced to the District of Columbia Housing Authority ("Authority") on a quarterly basis for the encumbrances and expenditures planned for that quarter; provided, that the requirements of subsection (b) of this section are met.

"(2) DHA21C funds shall be used by the Authority to fund capital-eligible construction, renovation, or rehabilitation subprojects that:

"(A) Increase the longevity of public housing units;

"(B) Prevent existing tenants from being displaced; or

"(C) Increase the availability of public housing units for existing District of Columbia residents listed on the Authority's waitlist.

"(3) DHA21C funds shall not be used to fund the Authority's operating costs, renovation, or rehabilitation of any unit set to be demolished, sold, or otherwise removed from the Authority inventory, or any administrative or overhead costs not specifically attributable to a subproject.".

(b) Subsection (b) is amended to read as follows:

"(b)(1) Each fiscal year that DHA21C funds are available, the Authority shall submit to the Mayor, the Council, and the OCFO a proposed spending plan, which shall include:

"(A) Documentation that planned encumbrances and expenditures are capital eligible; and

"(B) Information on each subproject for which the Authority proposes to use DHA21C funds, including, at a minimum:

"(i) The proposed location of the subproject;

"(ii) A detailed proposed scope of the subproject;

"(iii) A detailed proposed line-item budget for the subproject;

"(iv) A detailed proposed timeline for the subproject; and

"(v) A statement of whether the implementation of the proposed subproject will require the relocation of tenants and, if relocation is required, a detailed proposed relocation plan.

"(2) In the event of significant delays or changes in planned encumbrances and expenditures for any subproject during the fiscal year, the Authority shall update its spending plan and provide additional documentation as needed to minimize unencumbered and unexpended transfers, avoid causing the District to incur unnecessary debt service costs, and ensure that all subproject encumbrances and expenditures are capital eligible.".

(c) A new subsection (d) is added to read as follows:

"(d) The Inspector General of the District of Columbia shall audit the Authority's capital project DHA21C financial statements for the previous fiscal year not later than February 1, 2021, and not later than each February 1 thereafter for as long as DHA21C funds remain unspent by the Authority. The Inspector General shall submit to the Mayor, the Chief Financial Officer, and the Council a report on the results of each audit.".

Sec. 4. Section 203a of the Washington Convention Center Authority Act of 1994, effective August 19, 2020 (D.C. Act 23-404; 67 DCR 10098), is amended as follows:

(a) Subsection (a) is amended as follows:

(1) The lead-in language is amended as follows:

(A) Strike the phrase "the Washington Convention and Sports Authority shall" and insert the phrase "the Washington Convention and Sports Authority ("Events DC") shall" in its place.

(B) Strike the phrase "a District resident shall" and insert the phrase "a District resident shall, at the time of application for assistance under this section" in its place.

(2) Paragraph (1) is amended to read as follows:

"(1) Demonstrate loss of income due to the public health emergency;".

(3) Paragraph (2) is amended to read as follows:

"(2)(A) Be ineligible for:

"(i) Unemployment insurance; or

"(ii) COVID-19 relief; or

"(B) Be a returning citizen, as defined by section 2(5) of the Office on Ex-Offender Affairs and Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1301(5)), whose incarceration ended not more than 6 months before the time of application for assistance under this section; and".

(4) A new paragraph (3) is added to read as follows:

"(3) Provide a:

"(A) Signed certification that the resident's loss of income stems from the public health emergency; and

"(B) Proof of residency and eligibility for relief, as determined by Events DC and consistent with rules and standards for COVID-19 relief programs administered by Events DC.".

(b) Subsection (d)(2) is amended to read as follows:

"(2) "COVID-19 relief" means federal monetary unemployment assistance provided under the Coronavirus Aid, Relief, and Economic Security Act, approved March 27, 2020 (134 Stat. 281; 15 U.S.C. § 9001 et seq.), which shall include tax credits but shall not include federal Economic Impact Payments or other stimulus relief for which eligibility is not contingent on the recipient's employment status.".

Sec. 5. Title 47 of the District of Columbia Official Code is amended as follows:

Note § 47-2002.02

(a) Section 47-2002.02(2) is amended as follows:

(1) Subparagraph (B) is amended by striking the phrase "; or" and inserting a semicolon in its place.

(2) Subparagraph (C) is amended by striking the period and inserting phrase "; or" in its place.

(3) A new subparagraph (D) is added to read as follows:

"(D) Spirituous or malt liquors, beers, and wine sold by an alcoholic beverage licensee acting under authority of §§ 25-112(h)(1), 25-113(a)(3)(C), or 25-113.01(f) or (g).".

Note § 47-2202.01

(b) Section 47-2202.01(2) is amended as follows:

(1) Subparagraph (B) is amended by striking the phrase "; or" and inserting a semicolon in its place.

(2) Subparagraph (C) is amended by striking the period and inserting the phrase "; or" in its place.

(3) A new subparagraph (D) is added to read as follows:

"(D) Spirituous or malt liquors, beers, and wine sold by an alcoholic beverage licensee acting under authority of §§ 25-112(h)(1), 25-113(a)(3)(C), or 25-113.01(f) or (g).".

Note § 50-2201.03

Sec. 6. Section 6(j)(3)(F) of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1121; D.C. Official Code § 50-2201.03(j)(3)(F)), is amended by striking the phrase "described in section 125(3)(C) of the District of Columbia Sales Tax Act, approved May 27, 1949 (63 Stat. 115; D.C. Official Code § 47-2002(3)(C))" and inserting the phase "described in D.C. Official Code §§ 47-2002(a)(4B) and 47-2002.02(2)(C)" in its place.

Note § 1-301.158

Sec. 7. Chief Financial Officer collection of fees and processing costs.

(a) For any payment made by credit card or other electronic payment method, the Chief Financial Officer may impose any fee or processing cost related to the transfer or payment method.

(b) The Office of the Chief Financial Officer may promulgate regulations to implement the provisions of this section.

Sec. 8. Applicability.

Except as otherwise provided, this act shall apply as of October 1, 2020.

Sec. 9. 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. 10. Effective date.

(a) 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), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

(b) This act shall expire after 225 days of its having taken effect