2023 District of Columbia Code › Title 1 - Government Organization › Chapter 3 - Specified Governmental Authority › Subchapter XII-A - Grant Administration › Part A - Grant Transparency › § 1–328.04. Deputy Mayor for Planning and Economic Development grant-making authority

§ 1–328.04. Deputy Mayor for Planning and Economic Development grant-making authority.
*NOTE: This section includes amendments by temporary legislation that will expire on March 1, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(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(3) Repealed;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 § 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 § 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.
(j)(1) Notwithstanding part B of this subchapter, the Deputy Mayor may make grants to eligible BID corporations, as defined by § 2-1215.02(4), and Main Street corridors supported by the Department of Small and Local Business Development for the purpose of making the area served by the BID corporation or Main Street organization ("commercial district") and the surrounding area more people-focused and engaging to attract more residents and visitors to the commercial district and surrounding area.
(2) A grant awarded pursuant to paragraph (1) of this subsection may be used to pay for the costs of:
(A) The development of neighborhood brand identities;
(B) Investments to implement neighborhood brand identities guidelines;
(C) Marketing campaigns for the commercial district and surrounding area;
(D) Wayfinding signage and resources for the commercial district and surrounding area;
(E) Training of employees who work in the commercial district;
(F) Market studies that examine visitor attraction, hotel occupancy, marketing campaigns in competitive jurisdictions, and other indicators that may inform actions that may be taken to gain market share; and
(G) Public space improvements and activation, including pedestrian priority zones in the commercial district and surrounding area.
(3) A BID corporation or Main Street organization seeking a grant under paragraph (1) of this subsection shall submit to the Deputy Mayor an application, in a form proscribed to the Deputy Mayor. The application shall include:
(A) A description of how the applicant proposes to spend the grant funds to attract visitors to its commercial district and surrounding area to shop, eat, and attend or engage in cultural and entertainment activities.
(B) A description of how the increased spending by visitors attracted through the expenditure of the grant funds will directly impact local businesses in the commercial district and surrounding area; and
(C) Any additional information requested by the Deputy Mayor.
(k) Notwithstanding part B of this subchapter, the Deputy Mayor may make grants:
(1) To the Anacostia BID to support an art and culture district;
(2) To the Southwest Waterfront BID to support autonomous vehicle shuttles; and
(3) To the Golden Triangle BID for an innovation district.
(l)(1) Notwithstanding part B of this subchapter, and subject to the availability of funds, the Deputy Mayor shall establish the Small Business Relief Grant Program ("SBRG Program") for the purpose of supporting the reopening, recovery, and long-term viability of a small business operating in the restaurant, retail, hospitality, or entertainment sector that has incurred revenue declines, costs, or financial losses due to the impact of COVID-19 during the period beginning on April 1, 2020, through December 31, 2021, with a grant, which shall be used for:
(A) Rent;
(B) Payroll and labor;
(C) Inventory; or
(D) Operating expenses.
(2)(A) To be eligible for rent relief, a small business operating a restaurant, tavern, nightclub, entertainment venue, or retail establishment on leased property shall meet the following criteria:
(i) The restaurant, tavern, nightclub entertainment venue, or retail establishment shall be physically located in the District;
(ii)(I) The small business shall have operated the restaurant, tavern, nightclub entertainment venue, or retail establishment continuously since at least December 1, 2019, except for any interruptions required by Mayor's Orders 2020-045 and 2020-046 and subsequent public health emergency orders; or
(II) The small business shall have opened and begun operating the restaurant, tavern, nightclub entertainment venue, or retail establishment between January 1, 2020, and December 31, 2021, and remained open and operating except for any interruptions required by Mayor's Orders 2020-045 and 2020-046 and subsequent public health emergency orders;
(iii) The small business shall be in good standing with the District of Columbia's Office of Tax and Revenue;
(iv)(I) If the small business was in operation since at least December 31, 2019, the small business shall have experienced a 50% decrease in revenue during any 3-month period from April 2020 through March 2021 when compared to the same time period the year prior; or
(II) If the small business was opened and began operating between January 1, 2020, and December 31, 2021, the small business shall have incurred significant costs or losses due to the COVID-19 pandemic, as determined by the Mayor;
(v) The lease for the restaurant, tavern, nightclub entertainment venue, or retail establishment shall extend at least until December 31, 2023;
(vi) If the small business is a franchisee of a franchise with multiple locations, the business receiving assistance shall be independently owned and operated;
(vii) The small business shall not have received funding from the Restaurant Revitalization Fund established by section 5003 of the American Rescue Plan Act of 2021, approved March 11, 2021 (135 Stat. 85; 15 U.S.C. § 9009c); and
(viii) Repealed.
(ix) The small-business owner shall demonstrate that he or she will pay one-third of the amount of past due rent.
(B) In addition to the requirements set forth under subparagraph (A) of this paragraph, as part of the grant application, the landlord of a small-business owner applying to receive grants shall certify that:
(i) He or she will forgive one-third of the past due rent; and
(ii) The grant will make the business current on rent.
(3) The Mayor shall prioritize grant funding under this subsection for eligible small businesses that did not receive Paycheck Protection Program loans from the Coronavirus Aid, Relief, and Economic Security Act, approved March 27, 2020 (134 Stat. 281; 15 U.S.C. § 9001
et seq.
) or section 501 of Division N of the Consolidated Appropriations Act, 2021, approved December 27, 2020 (134 Stat. 2069; 15 U.S.C. § 9058a).
(4) The Mayor may issue one or more grants to a third-party grant-managing entity for the purpose of administering the grant program under this subsection and making subgrants on behalf of the Mayor in accordance with the requirements of this subsection.
(5)(A) The Mayor, and any third-party entity chosen pursuant to paragraph (4) of this subsection, shall, at a minimum, maintain the following information for each grant award:
(i) The name, location, and business license number of the grant recipient;
(ii) Proof of revenue declines or significant costs or losses due to the COVID-19 pandemic as required by paragraph (2)(A)(iv) of this subsection;
(iii) The date and amount, if any, of Paycheck Protection Program loans received by the small business for purposes of compliance with paragraph (3) of this subsection;
(iv) The date of the award;
(v) The intended uses of the award;
(vi) A certification of rent forgiveness by the landlord as required by paragraph (2)(B)(i) of this subsection;
(vii) Proof of the small-business owner's ability to pay a third of past due rent as required by paragraph (2)(A)(ix) of this subsection;
(viii) The award amount; and
(ix) Any other information considered necessary to implement the requirements of this section.
(B) The Mayor shall issue a report with information required to be maintained pursuant to subparagraph (A) of this paragraph to the Council no later than June 1, 2022.
(6) The Deputy Mayor may use up to 2% of the funds allocated for the grants in this subsection for administrative expenses associated with implementing the grant programs authorized in subsections (j) through (v) of this section.
(7) For the purposes of this subsection, the term "small business" means a brick-and-mortar, for-profit establishment or a sole proprietor of a business enterprise involved in the sectors described in paragraph (1) of this subsection, such as event planners, musicians, music promoters, and sound engineers, located in the District, that reports gross receipts of no more than $5 million in annual revenue in each of 2019, 2020, and 2021.
(m) Notwithstanding part B of this subchapter, the Deputy Mayor may make grants to support the buildout or acquisition of new office and community space for the DC Center for the LGBT Community, currently located at the Frank D. Reeves Center.
(n)(1) Notwithstanding part B of this subchapter, the Deputy Mayor may award grants to attract businesses to the District, or retain businesses in the District, with a preference for attraction to or retention in the District's central business district.
(2) Grants awarded pursuant to this subsection may be used for the following purposes:
(A) As initial startup capital;
(B) To cover operational costs;
(C) As down-payment assistance or to subsidize rent;
(D) Tenant improvements;
(E) Workforce training or professional development costs not eligible for support through other workforce programs; and
(F) Recruitment and hiring costs.
(3) To be eligible to receive a grant under this subsection, a business must:
(A) Have 25 or more employees;
(B) Lease or own, or agree to lease or acquire, a physical office or business location of at least 7,000 square feet in the District and enter into an agreement with the District to remain in the leased or owned space for at least 5 years;
(C) Be in the field of cloud and computer systems, finance and insurance, the impact economy, manufacturing, food technology, technology and innovation, big data, life sciences, education, education technology, research, consulting services, professional services, marketing, or communications;
(D) Repealed.
(E) Repealed.
(F) Require its employees, in the aggregate, to be on-site at the location referred to in subparagraph (B) of this paragraph for at least 50% of their work hours; and
(G) Agree to:
(i) Develop or participate in a workforce development program that offers District residents opportunities for training or employment within the business or the industry in which it operates; or
(ii) Spend at least 5% of its total annual contracting with businesses eligible for certification as local business enterprises, pursuant § 2-218.31, during the 5-year period referred to in subparagraph (B) of this paragraph.
(o)(1) Notwithstanding part B of this subchapter the Deputy Mayor may make grants and loans for the purpose of supporting the equitable distribution of food businesses in Wards 7 and 8 and in eligible areas, including:
(A) Grants and loans to assist in the startup, growth, and long-term sustainability of food business in Wards 7 and 8 and in eligible areas; and
(B) Grants for the provision of technical assistance to food businesses and individuals seeking to establish food businesses in the District.
(2) The Deputy Mayor may issue one or more grants to a third-party grant-managing entity to issue or administer, or both, the grants and loans authorized by this subsection.
(3) For the purposes of this subsection, the term "eligible areas" shall have the same meaning as set forth in § 47-3801(1D).
(p)(1) Notwithstanding § 1-328.13, in Fiscal Year 2024, the Deputy Mayor shall have grant-making authority for the purpose of providing funds, on or before December 1, 2023, and in an amount of at least $1 million" to support District-based direct cash assistance programs or pilot programs that provide unrestricted cash assistance directly to individuals or households and that are administered by a nonprofit organization or organizations.
(2) By September 30, 2024, a grantee who has received a grant pursuant to paragraph (1) of this subsection shall submit to the Deputy Mayor information on the use of the grant funds, including a description of:
(A) The cash assistance program, including how often cash was distributed and in what amounts, and for any grant funds not yet distributed, the plan for their distribution and in what amounts;
(B) The eligibility requirements for the program or pilot, including the total number of individuals or households served;
(C) The funding structure for the program or pilot program; and
(D) Information on how the program or pilot-program participants used the cash assistance they received.
(3) By November 1, 2024, 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 cash assistance issued by the grantee or grantees.
(q)(1) Notwithstanding § 1-328.13, in Fiscal Year 2022, the Deputy Mayor shall make grants to multiple Community Development Financial Institutions or Minority Depository Institutions located in the District of Columbia in an aggregate amount of up to $1 million to assist activities that support equitable economic recovery and increase access to loans, grants, technical assistance, and financial services to eligible entities.
(2) An applicant shall submit a grant application in the form and with the information required by the Deputy Mayor, which may include:
(A) An explanation of proposed activities to be supported by the grant funds; and
(B) A demonstration that the applicant has a record of success in serving small business based in the District of Columbia.
(3) Grant funds may be used:
(A) To provide technical assistance to eligible entities that have outstanding loans from the CDFI or MDI or to borrow funds from the CDFI or MDI within one year of the date of the CDFI or MDI's application for grant funds. Technical assistance shall be tailored to help ensure the success of borrowers and repayment of loans;
(B) For loan capital; provided, that the approved loan is for a business purpose;
(C) For risk capital, including loan loss reserves, loan guarantees, and cash collateral support for business loans;
(D) For administrative support for the CDFI or MDI, including the provision of technical and financial assistance; except, that the amount of grant proceeds used for this purpose may not exceed the NICRA between a CDFI and the federal government, or 10% of the grant proceeds if the CDFI does not have a NICRA in effect.
(4) By November 1, 2022, a grantee who has received a grant pursuant to paragraph (1) of this subsection shall submit to the Deputy Mayor information on the use of the grant funds, including:
(A) A description of services provided through the grant funds;
(B) The aggregate number of eligible entities receiving support from the grantee and the aggregate amount received; and
(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.
(5) By December 1, 2022, the Deputy Mayor shall provide to the Council a report based on the information required by paragraph (4) of this subsection, along with a summary analysis of the efficacy and benefits of the use of the grant funds by the grantee.
(6) For purposes of this subsection, the term:
(A) "Community Development Financial Institution" or "CDFI" means an organization operating the District that has been certified as a community development financial institution by the federal community development institutions fund, pursuant to the Riegle Community Development and Regulatory Improvement Act of 1994, approved September 23, 1994 (108 Stat. 2160; 12 U.S.C. § 4701
et seq
.).
(B) "Eligible entity" means an equity impact enterprise, as defined in § 2-218.02(8A), or a business entity that meets the definition of an equity impact enterprise.
(C) "Minority Depository Institution" or "MDI" means an organization operating in the District that qualifies as a minority depository institution pursuant to the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, approved August 9, 1989 (Pub. L. No. 101-73; 103 Stat. 183).
(D) "NICRA" means a Negotiated Indirect Cost Rate Agreement, which is an agreement that estimates the indirect cost rate negotiated between the federal government and a grantee organization that reflects indirect costs and fringe benefit expenses incurred by the organization that the federal government may reimburse.
(r)(1) Notwithstanding § 1-328.13, in Fiscal Year 2022, the Deputy Mayor shall award a grant in an amount of up to $400,000 to an organization based and located in the District and founded in 2017 that is an affiliate of a national organization and that promotes and supports the growth of equity impact enterprises, as defined in § 2-218.02(8A), to provide resources for advocacy and education and the facilitation of networking opportunities.
(2) By November 1, 2022, a grantee who has received a grant pursuant to paragraph (1) of this subsection shall submit to the Deputy Mayor information on the use of the grant funds, including a description of services it provided through the grant funds.
(3) By December 1, 2022, 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 services provided by the grantee.
(s) For Fiscal Years 2022 and 2023, the Deputy Mayor may make grants in an aggregate amount of up to $800,000 to businesses that:
(1) Are located within the parcels, squares, and lots abutting 6th Street N.W., beginning at the intersection of 6th Street, N.W, and I Street, N.W., thence east on I Street, N.W., to its intersection with 5th Street, N.W., continuing south along 5th Street N.W., to the center line of H Street N.W., continuing west along H Street N.W., to the center line of 6th Street N.W., and the geographical boundaries set forth in the Great Streets Neighborhood Retail Priority Amendment Act of 2021, as introduced on March 31, 2021 (Bill 24-179); and
(2) Would otherwise qualify for a Great Streets Small Business grant.
(t)(1) Notwithstanding part B of this subchapter, the Mayor may make grants, loans, and other financial assistance for the purpose of supporting the reopening, recovery, and long-term viability of businesses within the restaurant, retail, and hospitality sectors, along with arts, cultural, and entertainment venues that incurred significant financial losses due to the impacts of COVID-19, and to support arts, cultural, entertainment, and other special events, including through the waiver of District government fees associated with such events.
(2) The Deputy Mayor may issue one or more grants to a third-party grant-managing entity for the purpose of issuing or administering grants or loans authorized by this subsection on behalf of the Deputy Mayor.
(u)(1) Notwithstanding part B of this subchapter, the Deputy Mayor may make grants to new and existing District businesses to support activities that are likely to increase the revenue of the business, result in the hiring of additional employees by the business, or to improve the short-term and long-term sustainability of the business.
(2) To be eligible for a grant pursuant to this subsection, a business must:
(A) Be eligible for certification as a local business enterprise pursuant to § 2-218.31;
(B) Be independently owned and operated, in the case of franchises;
(C) Have no more than 100 employees; and
(D) Have annual revenues less than $15 million.
(3) A grant awarded pursuant to paragraph (1) of this subsection may be used for purposes such as:
(A) Capital improvements to existing property owned or leased by the grantee;
(B) Digital technology upgrades for the grantee's business; or
(C) Acquiring or improving equipment for the grantee's business.
(4) The Deputy Mayor may issue one or more grants to a third-party grant-managing entity for the purpose of issuing or administering grants authorized by this subsection on behalf of the Deputy Mayor.
(5) The Deputy Mayor, and any third-party entity chosen pursuant to paragraph (4) of this subsection, shall maintain a list of all grants awarded pursuant to this subsection. The list shall identify the grant recipient, date of award, and award amount.
(v)(1) Notwithstanding part B of this subchapter, the Deputy Mayor may make grants to a District equity impact enterprise business or a business eligible to be a certified equity impact enterprise to provide down payment assistance of up to $750,000 or 25% of the sale price, whichever is less, for the acquisition of commercial property in the District.
(2) For the purposes of this section, "equity impact enterprise" shall have the same meaning as defined in § 2-218.02(8A).
(3) To be eligible for a grant pursuant to this subsection, an equity impact enterprise or business eligible to be an equity impact enterprise must:
(A) Be independently owned and operated, in the case of a franchise;
(B) Have no more than 100 employees;
(C) Have annual revenues less than $15 million; and
(D) Commit to own and operate a business in at least 25% of the leasable square footage of the acquired commercial property as a small business enterprise or business eligible to be a small business enterprise for at least 7 years.
(4) The Deputy Mayor may issue one or more grants to a third-party grant-managing entity for the purpose of issuing or administering the grants authorized by this subsection on behalf of the Deputy Mayor.
(5) The Deputy Mayor, and any third-party grant-making entity chosen pursuant to paragraph (4) of this subsection, shall, by April 1, 2022, submit information to the Chairperson of the Committee on Business and Economic Development, that includes:
(A) An explanation of the methods used to promote the grant program;
(B) The number of grant applications received; and
(C) The number of grants awarded, including the grant recipient, award date, award amount, and property location.
(6)(A) If a grant recipient seeks to sell or transfer the commercial property within 7 years of purchase, uses the grant funds for an unauthorized purpose, uses the grant funds for any purpose other than the acquisition of the commercial property, including costs and fees associated with the acquisition, or otherwise breaches the grant agreement, the grant recipient shall return all grant funds to the District.
(B) In the event of a breach of the grant agreement by the recipient or, in the event of one the failure of the recipient to return all grant funds as required by subparagraph (A) of this paragraph, the Deputy Mayor shall have all applicable remedies available at law or equity.
(w)(1) Notwithstanding part B of this subchapter, the Mayor may make grants to housing providers to cover the costs of past due rent of District residents who are tenants of the housing providers.
(2) The Mayor may issue one or more grants to a third-party grant-managing entity for the purpose of making and administering subgrants on behalf of the Mayor in accordance with the requirements of this subsection.
(3) For the purposes of this subsection, the term "housing provider" means a landlord or other person entitled to receive rental payments for the use or occupancy of a rental housing unit in the District.
(x)(1) The Mayor may make grants to individuals or entities, including Business Improvement Districts and Main Streets, for the purpose of creating or enhancing public spaces, exhibits, or businesses that will attract families to the Central Business District or other nearby commercial corridors.
(2) A grant awarded pursuant to paragraph (1) of this subsection may be used to support improvements to existing attractions or to create new attractions.
(3) An individual or entity seeking a grant pursuant to paragraph (1) of this subsection shall submit to the Mayor an application, in such form as is determined by the Mayor. The application shall include:
(A) In the case of an existing attraction, a description of how the applicant proposes to spend the grant funds to support improvements to the attraction;
(B) In the case of a new attraction, a description of the proposed attraction and how the applicant proposes to spend the grant funds to support the creation of the new attraction; and
(C) Any additional information requested by the Mayor.
(4) The Mayor may establish additional criteria for the award of a grant under this subsection and may set aside grants for specific purposes, such as enhancing Franklin Park as a destination and enhancing or creating family-oriented destinations.
(5) For the purposes of this subsection, the term "attraction" means an indoor or outdoor facility or space that is open to the public for cultural, recreational, or entertainment uses, including parks, museums, plazas, and recreation spaces.
(y) Notwithstanding § 1-328.13, in Fiscal Year 2023, the Deputy Mayor shall award a grant in an amount of up to $30,000 to an organization based in the District, located in Capitol Hill, and founded in 2017 whose mission is to make use of the music of jazz as a strategic tool of economic development to support performance, education, and advocacy activities.
(z) Notwithstanding § 1-328.13, in Fiscal Years 2023, 2024, 2025, and 2026, the Deputy Mayor shall award a grant in an amount of up to $250,000 to an organization located in the District near Federal Triangle that provides technical training, job placement, mentorship, and workforce development support at no cost to prepare participants for 21st century careers, such as providing web development and cloud-based training and job opportunities.
(aa)(1) Notwithstanding § 1-328.13, the Deputy Mayor shall award grants to an organization based and located in the District and founded in 2017 that is an affiliate of a national organization and that promotes and supports the growth of equity impact enterprises, as defined in § 2-218.02(8A) ("equity impact enterprises"), as follows:
(A) In Fiscal Year 2023, in an amount of up to $500,000, for the development of a locally owned and developed mobile application and website platform that will facilitate the delivery of local goods and products, of which at least 50% will be goods and products sold by equity impact enterprises.
(B) On a recurring basis throughout the approved Fiscal Year 2023 Budget and Financial Plan, in an amount of up to $400,000, to provide resources for advocacy and education and the facilitation of networking opportunities.
(2) By November 1, 2024, a grantee who has received a grant pursuant to paragraph (1)(A) of this subsection shall submit to the Deputy Mayor and the Council information on the use of the grant funds, including a description of the mobile application and website platform.
(3)(A) A grantee who has received a grant pursuant to paragraph (1)(B) of this subsection shall provide to the Deputy Mayor an annual report on the use of grant funds, including a description of the services provided through the grant funds.
(B) The Deputy Mayor shall provide to the Council an annual report based on the information required by subparagraph (A) of this paragraph, along with a summary analysis of the efficacy and benefits of services provided by the grantee.
(bb)(1) Notwithstanding part B of this subchapter, beginning in Fiscal Year 2023 and on a recurring basis thereafter, the Deputy Mayor shall award one or more grants in a total amount of up to $200,000 to support one or more organizations in providing advice and resources to member businesses.
(1A) To be eligible for a grant under paragraph (1) of this subsection, an organization shall be:
(A) A membership-driven organization located on Connecticut Avenue, NW, founded in 1976, that promotes economic development in the District by supporting Latino and other minority-owned businesses; or
(B) A not for-profit membership organization located on Columbia Road, NW, created to support the advancement of the Hispanic construction community.
(2) A grantee who has received a grant pursuant to paragraph (1) of this subsection shall provide to the Deputy Mayor an annual report on the use of the grant funds, including a description of services provided through the grant funds.
(3) The Deputy Mayor shall provide to the Council an annual report based on the information required by paragraph (2) of this subsection, along with a summary analysis of the efficacy and benefits of services provided by the grantee.
(cc)(1) Notwithstanding part B of this subchapter, the Mayor may, subject to paragraph (2) of this subsection, make grants to a program administrator selected by the Mayor for the purpose of managing the State Small Business Credit Initiative Venture Capital Program, established in § 2-1210.81, for the purpose of making investments in businesses and start-ups in the District in the form of loans and equity investments to provide additional access to capital to support and grow the District's economy.
(2) A grant made pursuant to paragraph (1) of this subsection shall comply with the requirements of the State Small Business Credit Initiative Act of 2010, approved September 27, 2010 (Pub. L. No. 111-240; 124 Stat. 2504) ("SSBCI Act"), if any portion of the funding for the grant is made from funds provided to the District by the federal government pursuant to the SSBCI Act.
(ee) Notwithstanding part B of this subchapter, the Deputy Mayor may make a grant in Fiscal Year 2023 or 2024 to support renovations to the Ben's Chili Bowl U Street NW location.
(ff) Notwithstanding part B of this subchapter, the Deputy Mayor may make a grant in Fiscal Year 2023 or 2024 to the African American Civil War Memorial Freedom Foundation, Inc. for the purpose of redeveloping the African American Civil War Museum, located at 1925 Vermont Avenue, NW
(gg) Notwithstanding part B of this subchapter, in Fiscal Year 2024, the Deputy Mayor shall issue a grant of $3 million to the Ford's Theatre to support its capital project to construct an education and community center on 10th Street, NW.
(hh) Retail Recovery Grant Program.
(1) In Fiscal Year 2024, the Deputy Mayor shall establish a Retail Recovery Grant Program to provide economic support to eligible businesses located in in the Downtown BID, as defined in § 2-1215.51(b), or in the Golden Triangle BID, as defined in § 2-1215.52(b).
(2) An eligible business shall be a business enterprise opening or expanding in a retail or commercial space that has been vacant for at least 6 months prior to the date the grantee submits the grant application.
(3) A retail recovery grant shall be used for activities and costs related to sustaining and growing the business, such as staff costs, capital improvements, rent, marketing, inventory and supplies, operations, and utilities; except, that no amount of the grant shall be used for executive salaries or bonuses.
(4) Notwithstanding part B of this subchapter, at least 20% of the total grant funds disbursed may be distributed through a non-competitive grant process and shall be set aside for at least one applicant that:
(A) Is, or is eligible to be, a resident-owned business, as defined in § 2-218.02(15), and a small business enterprise as defined in § 2-218.02(16); and
(B)(i) Is at least 51% owned by a woman or a majority of women; or
(ii) Is, or is eligible to be, a disadvantaged business enterprise, as that term is defined in § 2-218.02(5).
(5) The Deputy Mayor shall endeavor to award at least one grant to an eligible business operating a child care center, supermarket, or urgent care center.
(6) For the purposes of this subsection, the term "retail" includes child care centers, supermarkets, and urgent care centers.
(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; Nov. 13, 2021, D.C. Law 24-45, § 2132, 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-167, § 2032, 69 DCR 009223; Feb. 23, 2023, D.C. Law 24-259, § 3, 69 DCR 15103; July 20, 2023, D.C. Law 25-32, § 2, 70 DCR 7931; Sept. 6, 2023, D.C. Law 25-50, § 2052, 70 DCR 10366.)
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 African American Civil War Museum and Ben's Chili Bowl Limited Grant-Making Authority Emergency Amendment Act of 2023 (D.C. Act 25-71, Apr. 24, 2023, 70 DCR 6120).
For temporary (90 days) amendment of this section, see § 2 of Small Business Relief Grant Program Emergency Amendment Act of 2022 (D.C. Act 24-697, Dec. 8, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 3 of State Small Business Credit Initiative Venture Capital Program Grant-Making Establishment Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-628, Nov. 3, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 2 of The Spice Suite Grant Establishment Emergency Amendment Act of 2022 (D.C. Act 24-597, Oct. 31, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 3(a) of Fiscal Year 2022 Second Revised Local Budget Adjustment Congressional Review Emergency Act of 2022 (D.C. Act 24-541, July 27, 2022, 69 DCR 009963).
For temporary (90 days) amendment of this section, see § 3 of State Small Business Credit Initiative Venture Capital Program Grant-Making Establishment Emergency Amendment Act of 2022 (D.C. Act 24-536, July 27, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 2032(d) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707).
For temporary (90 days) amendment of this section, see § 3(a) of Fiscal Year 2022 Second Revised Local Budget Adjustment Emergency Act of 2022 (D.C. Act 24-437, June 13, 2022, 69 DCR 7034).
For temporary (90 days) amendment of this section, see § 2 of Direct Cash Assistance Pilot Program Emergency Amendment Act of 2022 (D.C. Act 24-381, Apr. 25, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 2 of Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Emergency Amendment Act of 2022 (D.C. Act 24-287, Jan. 12, 2022, 69 DCR 000447).
For temporary (90 days) amendment of this section, see § 2132 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
For temporary (90 days) amendment of this section, see § 2 of Local Food Access Grants Emergency Amendment Act of 2021 (D.C. Act 24-117, July 21, 2021, 68 DCR 007321).
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 § 2 of African American Civil War Museum and Ben's Chili Bowl Limited Grant-Making Authority Temporary Amendment Act of 2023 (D.C. Law 25-32, July 20, 2023, 70 DCR 7931).
For temporary (225 days) amendment of this section, see § 2 of Small Business Relief Grant Program Temporary Amendment Act of 2022 (D.C. Law 24-282, Feb. 23, 2023, 70 DCR 206).
For temporary (225 days) amendment of this section, see § 2 of The Spice Suite LLC Grant Establishment Temporary Amendment Act of 2022 (D.C. Law 24-268, Feb. 23, 2023, 69 DCR 14650).
For temporary (225 days) amendment of this section, see § 3 of State Small Business Credit Initiative Venture Capital Program Grant-Making Establishment Temporary Amendment Act of 2022 (D.C. Law 24-196, Dec. 13, 2022, 69 DCR 12673).
For temporary (225 days) amendment of this section, see § 3(a) of Fiscal Year 2022 Second Revised Local Budget Adjustment Temporary Act of 2022 (D.C. Law 24-162, Sept. 9, 2022, 69 DCR 008833).
For temporary (225 days) amendment of this section, see § 2 of Direct Cash Assistance Pilot Program Temporary Amendment Act of 2022 (D.C. Law 24-138, June 30, 2022, 69 DCR 005058).
For temporary (225 days) amendment of this section, see § 2 of Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Temporary Amendment Act of 2022 (D.C. Law 24-113, Apr. 9, 2022, 69 DCR 001473).
For temporary (225 days) amendment of this section, see § 2 of Local Food Access Grants Temporary Amendment Act of 2021 (D.C. Law 24-31, Sept. 22, 2021, 68 DCR 007981).
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.