DC Code § 2-1225.21 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 12 - Business and Economic Development|Subchapter XIII - District Assumption of Authority of NCRC and AWC|Part C - Economic Development Special Account|§ 2-1225.21. Economic Development Special Account

 *NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*  (a) There is established as a nonlapsing fund the Economic Development Special Account (“Account”), which shall be used solely for the purposes set forth in this section. (b)(1) Deposits into the Account shall include: (A) All operating funds transferred from the Anacostia Waterfront Corporation Enterprise Fund, established by § 2-1223.14 [repealed]; (B) All operating funds transferred from the National Capital Revitalization Corporation Enterprise Fund, established by § 2-1219.08 [repealed]; (C) All fees, revenues, and other income from real property or other assets formerly under the authority of the National Capital Revitalization Corporation (“NCRC”) or the Anacostia Waterfront Corporation (“AWC”), or any of their subsidiaries, which include the RLA Revitalization Corporation, Southwest Waterfront Development Corporation, Southwest Waterfront Holdings Corporation, and Economic Development Finance Corporation; (D) Funds authorized by an act of Congress, reprogramming, or intra- District transfer to be deposited into the Account; (E) Any other monies designated by law to be deposited into the Account; and (F) Interest on money deposited in the Account. (2) Funds deposited into the Account pursuant to this subsection shall be maintained in segregated sub-accounts associated with each revenue source as the Chief Financial Officer determines necessary. (3) The funds deposited into the Account, 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 subsections (c) and (d) of this section without regard to fiscal year limitation, subject to authorization by Congress. (c) Monies credited to the Account shall be allocated annually to the Office of the Deputy Mayor for Planning and Economic Development in an aggregate amount that is equal to the total deposits and earnings that are estimated to remain unspent in the Account at the end of the preceding fiscal year plus all deposits and earnings that are estimated to be received during the fiscal year for which the allocation is made. (d) Monies may be used to pay the costs of operating and administering properties and programs under the authority of the Deputy Mayor for Planning and Economic Development, including properties and programs formerly operated and administered by the NCRC and the AWC, to provide economic development assistance, including the provision of grants, loans, and credit support or enhancement, and to implement other programs, projects, and initiatives that: (1) Are consistent with and in furtherance of the economic development goals or activities of the District; (2) Further meeting the requirements of providing jobs for District residents, creating affordable housing, and restoring the District’s waterways pursuant to subchapter XIV of this chapter [§ 2-1226.01 et seq.]; (3) Support the development of a workforce intermediary pursuant to § 2-1226.03 or (4) Facilitate the implementation of the environmental standards pursuant to part B of subchapter XIV of this chapter [§ 2-1226.31 et seq.]. (d-1) In Fiscal Year 2017 and each fiscal year thereafter, up to $3 million in monies credited to the Account may be used to fund real property tax rebates under D.C. Official Code § 47-4665. (d-2) Monies credited to the Account may be used to provide grants authorized by § 1-328.04(j) and (k). (e)(1) Fees, revenue, and other income that otherwise would be deposited into the Account under this section but that are subject to Community Development Block Grant regulations shall be deposited into a segregated sub-account designated for Community Development Block Grant funds and shall be subject to applicable reporting to the United States Department of Housing and Urban Development. (2) The funds in the segregated sub-account shall be included as a segregated line item in the budget of the Department of Housing and Community Development that the Mayor is required to submit to the Council pursuant to § 1-204.42, and shall be designated for use by the Deputy Mayor for Planning and Economic Development, consistent with the requirements of the Community Development Block Grant Program.  (Mar. 26, 2008, D.C. Law 17-138, § 301, 55 DCR 1689; Oct. 22, 2008, D.C. Law 17-253, § 2, 55 DCR 9270; Mar. 3, 2010, D.C. Law 18-111, § 2051, 57 DCR 181; Oct. 26, 2010, D.C. Law 18-257, § 5, 57 DCR 8144; Sept. 14, 2011, D.C. Law 19-21, § 9027(b), 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, §§ 2022(b), 2023, 59 DCR 8025; Oct. 22, 2015, D.C. Law 21-36, § 2173, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 2003, 63 DCR 10775; Aug. 23, 2021, D.C. Act 24-159, § 2133(b), 68 DCR 008602.)  Section References This section is referenced in § 2-1225.02, § 2-1225.11, and § 2-1225.12. Effect of Amendments D.C. Law 17-253 added subsecs. (b)(1)(C-i) and (d-1); and, in subsec. (c), inserted “; except, the monies deposited into the Account pursuant to subsection (b)(1)(C-i) of this section shall be allocated as set forth in subsection (d-1) of this section”. D.C. Law 18-111, in subsec. (e)(2), deleted “included as a segregated line item in the budget of the Department of Housing and Community Development that the Mayor is required to submit to the Council pursuant to § 1-204.42, and shall be” following “sub-account shall be”; and added subsecs. (e)(3) and (4). D.C. Law 18-257 rewrote subsecs. (b)(1)(C-i) and (d-1); and, in subsec. (c), substituted “is made” for “is made; except, the monies deposited into the Account pursuant to subsection (b)(1)(C-i) of this section shall be allocated as set forth in subsection (d-1) of this section”. The 2012 amendment by D.C. Law 19-168 revived this section by repealing D.C. Law 19-21, § 9027(b) and by reviving D.C. Law 17-138, § 301 as of September 14, 2011; and rewrote the section. The 2015 amendment by D.C. Law 21-36 added (d-1). Emergency Legislation For temporary (90 day) addition, see § 301 of National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007 (D.C. Act 17-71, July 20, 2007, 54 DCR 7390). For temporary (90 day) addition, see § 301 of National Capitol Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Congressional Review Emergency Act of 2007 (D.C. Act 17-152, October 18, 2007, 54 DCR 10900). For temporary (90 day) amendment of section, see § 2051 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see § 2051 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). For temporary (90 day) revival and amendment of section, see § 2(b) of Economic Development Special Account Revival Emergency Amendment Act of 2011 (D.C. Act 19-232, November 19, 2011, 58 DCR 10088). For temporary (90 day) repeal of section 9027(b) of D.C. Law 19-21, see § 3 of Economic Development Special Account Revival Emergency Amendment Act of 2011 (D.C. Act 19-232, November 19, 2011, 58 DCR 10088). For temporary (90 day) revival and amendment of section, see § 2(b) of Economic Development Special Account Revival Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-305, February 21, 2012, 59 DCR 1677). For temporary (90 day) repeal of section 9027(b) of D.C. Law 19-21, see § 3 of Economic Development Special Account Revival Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-305, February 21, 2012, 59 DCR 1677). For temporary (90 day) revival and amendment of section, see § 2022(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) repeal of section 9027(b) of D.C. Law 19-21, see § 2023 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) revival and amendment of section, see § 2022(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 day) repeal of section 9027(b) of D.C. Law 19-21, see § 2023 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 § 2173 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201). For temporary (90 days) amendment of this section, see § 2 of the DMPED Special Account Grant-making Clarification Emergency Amendment Act of 2016 (D.C. Act 21-354, Mar. 23, 2016, 63 DCR 4643). Temporary Legislation D.C. Law 17-53, § 301, added a section to read as follows: “Sec. 301. Economic Development Special Account Fund. “(a) There is established as a nonlapsing fund within the General Fund of the District of Columbia the Economic Development Special Account Fund ('Fund'), which shall be used solely for the purposes set forth in this section. “(b)(1) Deposits into the Fund shall include: “(C) All fees, revenues, and other income from real property or other assets formerly under the authority of the NCRC or the AWC; “(D) Funds authorized by an act of Congress, reprogramming, or intra-District transfer to be deposited into the Fund; “(E) Any other monies designated by law or regulation to be deposited into the Fund; and “(F) Interest on money deposited in the Fund. “(2) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of any fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsections (c) and (d) of this section, subject to authorization of Congress. “(c) Monies credited to the Fund shall be allocated annually to the Office of the Deputy Mayor for Planning and Economic Development in an aggregate amount that is equal to the total deposits and earnings that are estimated to remain unspent in the Fund at the end of the preceding fiscal year plus all deposits and earnings that are estimated to be received during the fiscal year for which the allocation is made. “(d) Monies may be used to pay the costs of operating and administering properties and programs under the authority of the Deputy Mayor for Planning and Economic Development, including properties and programs formerly operated and administered by the NCRC and the AWC, to provide economic development assistance, including the provision of grants, loans, and credit support or enhancement, and to implement other programs, projects, and initiatives that are consistent with and in furtherance of the economic development goals or activities of the District. “(e)(1) Fees, revenue, and other income that otherwise would be deposited into the Fund under this section, but that are subject to Community Development Block Grant regulations and applicable subrecipient agreements with the Department of Housing and Community Development shall be deposited into a segregated account within the Community Development Block Grant account administered by the Department of Housing and Community Development and subject to reporting to the United States Department of Housing and Urban Development. “(2) The funds in the segregated account shall be included as a segregated line item in the budget of the Department of Housing and Community Development that the Mayor is required to submit to the Council pursuant to section 442 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 798; D.C. Official Code § 1-204.42), and shall be designated for the use of the Deputy Mayor for Planning and Economic Development consistent with the requirements of the Community Development Block Grant Program.” Section 702(b) of D.C. Law 17-53 provided that the act shall expire after 225 days of its having taken effect. Section 2(b) of D.C. Law 19-89 revived and amended this section to read as follows: “Sec. 301. Economic Development Special Account. “(a) There is established as a nonlapsing account within the General Fund of the District of Columbia the Economic Development Special Account (’Account’), which shall be used solely for the purposes set forth in this section. “(b)(1) Deposits into the Account shall include: “(A) All operating funds transferred from the Anacostia Waterfront Corporation Enterprise Fund, established by section 114 of the Anacostia Waterfront Corporation Act of 2004, effective December 7, 2004 (D.C. Law 15-219; D.C. Official Code § 2-1223.14); “(B) All operating funds transferred from the National Capital Revitalization Corporation Enterprise Fund, established by section 9 of the National Capital Revitalization Corporation Act of 1998, effective September 11, 1998 (D.C. Law 12-144; D.C. Official Code § 2-1219.08); “(C) All fees, revenues, and other income from real property or other assets formerly under the authority of the NCRC or the AWC, or any of their subsidiaries, which include RLARC, SWDC, SWHC, and EDFC; “(D) Funds authorized by an act of Congress, reprogramming, or intra-District transfer to be deposited into the Account; “(E) Any other monies designated by law or regulation to be deposited into the Account; and “(F) Interest on money deposited in the Account. “(2) Funds deposited into the Account pursuant to this subsection shall be maintained in segregated sub-accounts associated with each revenue source as the Chief Financial Officer determines to be necessary. “(3) The funds deposited into the Account 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 subsections (c) and (d) of this section, subject to authorization by Congress. “(c) Monies credited to the Account shall be allocated annually to the Office of the Deputy Mayor for Planning and Economic Development in an aggregate amount that is equal to the total deposits and earnings that are estimated to remain unspent in the Account at the end of the preceding fiscal year plus all deposits and earnings that are estimated to be received during the fiscal year for which the allocation is made. “(d) Monies may be used to pay the costs of operating and administering properties and programs under the authority of the Deputy Mayor for Planning and Economic Development, including properties and programs formerly operated and administered by the NCRC and the AWC, to provide economic development assistance, including the provision of grants, loans, and credit support or enhancement, and to implement other programs, projects, and initiatives that: “(1) Are consistent with and in furtherance of the economic development goals or activities of the District; “(2) Further meeting the requirements of providing jobs for District residents creating affordable housing, and restoring the District’s waterways pursuant to Title IV; “(3) Support the development of a workforce intermediary pursuant to section 403; or “(4) Facilitate the implementation of the environmental standards pursuant to subtitle B of Title IV. “(e)(1) Fees, revenue, and other income that otherwise would be deposited into the Account under this section, but that are subject to Community Development Block Grant regulations shall be deposited into a segregated sub-account designated for Community Development Block Grant funds and shall be subject to applicable reporting to the United States Department of Housing and Urban Development. “(2) The funds in the segregated sub-account shall be included as a segregated line item in the budget of the Department of Housing and Community Development that the Mayor is required to submit to the Council pursuant to section 442 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 798; D.C. Official Code § 1-204.42), and shall be designated for the use of the Deputy Mayor for Planning and Economic Development consistent with the requirements of the Community Development Block Grant Program.”. Section 3 of Law 19-89 repealed D.C. Law 19-21, § 9027(b) that repealed this section., Section 5(b) of D.C. Law 19-89 provided that the act shall expire after 225 days of its having taken effect. Short Title Short title: Section 2050 of D.C. Law 18-111 provided that subtitle F of title II of the act may be cited as the “Community Development Block Grant Accounting Correction Amendment Act of 2009”.