Temporary Enactments

D.C. Law 17-53, § 401, added a section to read as follows:

"Sec. 401. Anacostia Waterfront Initiative and Framework Plan.

"(a) The Mayor shall be guided by the Anacostia Waterfront Initiative Framework Plan, dated November 2003, as amended or supplemented ("Framework Plan"), and any small area plan approved by the Council with respect to the projects carried out inside the Anacostia Waterfront Development Zone.

"(b) The Mayor may amend or supplement the Framework Plan; provided, that the Mayor shall transmit to the Council for a 45-day period of review, excluding days of Council recess, a proposed resolution to approve any proposed amendment or supplement. If the Council does not approve or disapprove the proposed resolution within the 45-day period, the proposed resolution shall be deemed approved."

Section 702(b) of D.C. Law 17-53 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) addition, see § 401 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 § 401 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).

Legislative History of Laws

Law 17-138, the "National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008", was introduced in Council and assigned Bill No. 17-340 which was referred to the Committee on Economic Development.  The Bill was adopted on first and second readings on December 11, 2007, and January 8, 2008, respectively.   Signed by the Mayor on February 5, 2008, it was assigned Act No. 17-289 and transmitted to both Houses of Congress for its review.  D.C. Law 17-138 became effective on March 26, 2008.

Miscellaneous Notes

Section 801 of D.C. Law 17-138 provides: "This act shall sunset on September 30, 2008, if the fiscal effect of this act has not been included in an approved budget and financial plan."

Section 305(a) of D.C. Law 17-353 repeals section 801 of D.C. Law 17-138. Section 305(b) of D.C. Law 17-353 provides that this section shall apply as of September 29, 2009.

Temporary Enactments

D.C. Law 17-53, § 403, added a section to read as follows:

"Sec. 403. Provisions applicable to development projects located within the Anacostia Waterfront Development Zone.

"(a) In contracting with general contractors, developers, or construction managers on, and in providing assistance of over $100,000 to, a development project located within the Anacostia Waterfront Development Zone, the Mayor shall require the general contractor, developer, and construction manager of the development project to engage in good faith efforts to:

"(1) Procure and contract 35% of the dollar volume of its goods and services, including construction goods and services, with local, small, and disadvantaged business enterprises, with a preference for at least 10% of those enterprises located in Ward 8; and

"(2) Ensure that at least 51% of the new jobs created in connection with the project are filled by residents of the District, with a preference for at least 20% of those jobs designated for residents in Ward 8.

"(b)(1) With respect to development projects on real property owned by the District within the Anacostia Waterfront Development Zone, no less than the following percentages of residential units shall be affordable at the following income levels:

"(A) For ownership units, at least 15% of the units shall be affordable to moderate-income households and at least 15% of the units shall be affordable to low-income households.

"(B) For rental units, at least 15% of the units shall be affordable to moderate-income households and at least 15% of the units shall be affordable to low-income households.

"(2) For the purposes of this subsection, the term:

"(A) 'Affordable' means housing for which a household at the required affordability level will pay no more than 30% of its income toward gross housing costs for 50 years in the case of rental units, and 20 years for homeownership units.

"(B) 'Area median income' means:

"(i) For a household of 4 persons, the area median income for a household of 4 persons in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development;

"(ii) For a household of 3 persons, 90% of the area median income for a household of 4 persons;

"(iii) For a household of 2 persons, 80% of the area median income for a household of 4 persons;

"(iv) For a household of one person, 70% of the area median income for a household of 4 persons; and

"(v) For a household of more than 4 persons, the area median income for a household of 4 persons, increased by 10% of the area median income for a family of 4 persons for each household member exceeding 4 persons.

"(C) 'Low-income household' means a household consisting of one or more persons with income equal to or less than 30% of the area median income.

"(D) 'Moderate-income household' means a household consisting of one or more persons with income equal to or less than 60% of the area median income and greater than 30% of the area median income.

"(3) Any percentage of household income referenced in this subsection shall be determined through a direct mathematical calculation and shall not take into account any adjustments made by the United States Department of Housing and Urban Development for the purposes of the programs it administers."

Section 702(b) of D.C. Law 17-53 provides that the act shall expire after 225 days of its having taken effect.

Effect of Amendments

D.C. Law 18-107 rewrote subsec. (b)(1), which had read as follows:

"(b)(1) With respect to development projects on real property owned, controlled, or disposed of by any instrumentality of the District within the Anacostia Waterfront Development Zone, no less than the following percentages of residential units shall be affordable at the following income levels:

"(A) For ownership units, at least 15% of the units shall be affordable to moderate-income households and at least 15% of the units shall be affordable to low-income households.

"(B) For rental units, at least 15% of units shall be affordable to moderate-income households and at least 15% of units shall be affordable to low-income households."

Emergency Act Amendments

For temporary (90 day) addition, see § 403 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 § 403 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).

Legislative History of Laws

For Law 17-138, see notes following § 2-1226.01.

Law 18-107, the "Affordable Housing For-Sale and Retail Distribution Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-304, which was referred to the Committee on Economic Development. The bill was adopted on first and second readings on November 3, 2009, and December 1, 2009, respectively. Signed by the Mayor on December 17, 2009, it was assigned Act No. 18-245 and transmitted to both Houses of Congress for its review. D.C. Law 18-107 became effective on March 3, 2010.

Miscellaneous Notes

Section 3 of D.C. Law 18-107 provides:

"This act shall apply as of December 16, 2008."

Temporary Addition of Section

Section 2 of D.C. Law 19-55 added a section to read as follows:

"Sec. 2. Establishment of Workforce Intermediary Task Force.

"(a)(1) By November 1, 2011, the Mayor shall establish a Workforce Intermediary Task Force ("Task Force") to review best practices for workforce intermediary programs.

"(2) The Task Force shall review similar programs implemented by the governments of Boston, Minneapolis, San Francisco, and any other cities that have implemented similar programs.

"(3) By January 15, 2012, the Task Force shall recommend to the Mayor and the Council a Workforce Intermediary Program ("Program") for the District. The recommendation shall include a review of:

"(A) The industries, in addition to the construction industry, that should be a focal point of the Program because they are frequently required to enter into first source agreements;

"(B) What would be a reasonable operating budget for the Program, including a cap on administrative costs;

"(C) What would be a reasonable funding mechanism for the Program;

"(D) How the Program would collaborate with multiple District government agencies and community-based organizations to serve job-ready residents as well as residents needing job-training services or adult basic education services;

"(E) The specific performance metrics that should be used to assess the performance of the Program's process and outcomes;

"(F) The baseline data that would be needed to isolate, to the fullest extent possible, the effects of the Program;

"(G) The type of governance structure that would work best for establishing the Program and for the ongoing operations of the Program; and

"(H) What programmatic and statutory recommendations would be necessary regarding how the Program will interact with the District's First Source Register program.

"(b)(1) The recommendations shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. Upon receipt of the recommendations, the Council shall hold a public roundtable or hearing. If the Council does not approve or disapprove the recommendations, in whole or in part, by resolution within the 45-day review period, the recommendations shall be deemed disapproved.

"(2) If the recommendations are disapproved by the Council, the Council's Committee on Housing and Workforce Development shall transmit a report to the Task Force citing the Council's concerns and the Task Force shall have 30 days to review the report and re-submit its new recommendations to the Mayor and the Council for approval pursuant to paragraph (1) of this subsection.

"(c) The Task Force shall consist of the following 17 members:

"(1) The Mayor, or his designee;

"(2) The Chairman of the Council, or his designee;

"(3) The Chairman of the Council's Committee on Housing and Workforce Development, or his designee;

"(4) The Director of the Department of Employment Services;

"(5) The Deputy Mayor for Planning and Economic Development, or his designee;

"(6) The Executive Director of the Workforce Investment Council;

"(7) Two members of the District business community who represent industries that are frequently subject to first source agreements, appointed by the Mayor;

"(8) Two members of the District business community who represent industries that are frequently subject to first source agreements, appointed by the Chairman of the Council;

"(9) A representative of a District job training or education provider, appointed by the Mayor;

"(10) A representative of a District job training or education provider, appointed by the Chairman of the Council;

"(11) Two representatives of organized labor, appointed by the Mayor;

"(12) A representative of organized labor, appointed by the Chairman of the Council;

"(13) A representative of the District philanthropic community or an organization focused on workforce development research, appointed by the Mayor; and

"(14) A representative of the District philanthropic community or an organization focused on workforce development research, appointed by the Chairman of the Council.

"(d) The Mayor and the Chairman of the Council shall serve as co-chairs of the Task Force.

"(e) The director of each District agency and instrumentality that engages in capital construction shall advise and assist the Task Force."

Section 4(b) of D.C. Law 19-55 provides that the act shall expire after 225 days of its having taken effect.

Temporary Enactments

D.C. Law 17-53, § 404, added a section to read as follows:

"Sec. 404. Workforce intermediary.

"(a) The Mayor shall use the workforce intermediary as the primary means of meeting the hiring requirements of section 403(a)(2).

"(b)(1) If prior to July 20, 2007, the former AWC has selected an organization or organizations to serve as a workforce intermediary, the Mayor shall continue to use the organization or organizations as a workforce intermediary; provided, that the Mayor may select additional organizations and may terminate the use of the organization or organizations selected by the former AWC.

"(2) If prior to July 20, 2007, the former AWC has not selected an organization or organizations to serve as a workforce intermediary, then within 30 days after July 20, 2007, the Mayor shall issue a request for proposals designed to select an organization or organizations to serve as a workforce intermediary. Within 120 days after issuing the request for proposals, the Mayor shall select an organization or organizations to serve as a workforce intermediary.

"(c) For the purposes of this section, the term 'workforce intermediary' means an entity established by the Mayor or the former AWC and modeled on similar, successful entities in other cities, to meet the hiring goals of section 403(a)(2) by coordinating the needs and capacities of businesses that are creating new jobs in the Anacostia Waterfront Development Zone, workforce development organizations that serve residents of the District, and residents of the District who are seeking jobs in the Anacostia Waterfront Development Zone."

Section 702(b) of D.C. Law 17-53 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) addition, see § 404 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 § 404 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) addition of section, see § 2 of Workforce Intermediary Task Force Establishment Emergency Act of 2011 (D.C. Act 19-131, August 2, 2011, 58 DCR 6789).

For temporary (90 day) addition of section, see § 2 of Workforce Intermediary Task Force Establishment Second Emergency Act of 2011 (D.C. Act 19-167, October 11, 2011, 58 DCR 8900).

Legislative History of Laws

For Law 17-138, see notes following § 2-1226.01.

Effect of Amendments

D.C. Law 19-192, in par. (1), substituted "Interstate 395 that is north of E Street, S.W., or S.E." for "Interstate 95 that is north of D Street, N.W., and N.E."; in par. (2), substituted "south of E Street, S.W., or S.E., and the Anacostia River or Washington Channel" for "south of D Street, N.W., and N.E., and the Washington Channel"; in par. (3), substituted "Interstate 695, and all rights-of-way, that are south of E Street, S.W. or S.E." for "Interstate 395 that is south of D Street, N.W. and N.E."; rewrote pars. (6) and (8); and, in par. (9), substituted "8" for "7" and "and" for "or". Prior to amendment, pars. (6) and (8) read as follows:

"(6) The portion of the Anacostia Freeway that is north or east of the intersection of the Anacostia Freeway and Defense Boulevard and all rights-of-way of that portion of the Anacostia Freeway;"

"(8) All land that is adjacent to the Anacostia River and designated as parks, recreation, and open space on the District of Columbia Generalized Land Use Map, dated January 2002, except for the land that is:

"(A) North of New York Avenue, N.E.;

"(B) East of the Anacostia Freeway;

"(C) Contiguous to that portion of the Suitland Parkway that is south of Martin Luther King, Jr. Avenue; and

"(D) South of a line drawn along, and as a continuation both east and west of, the center line of the portion of Defense Boulevard between Brookley Avenue, S.W., and Mitscher Road, S.W.;"

Temporary Enactments

D.C. Law 17-53, § 405, added a section to read as follows:

"Sec. 405. Definition of Anacostia Waterfront Development Zone.

"For the purposes of this title, the term 'Anacostia Waterfront Development Zone' shall consist of the following:

"(1) Interstate 395 and all rights-of-way of Interstate 395, except for the portion of Interstate 95 that is north of D Street, N.W., and N.E.;

"(2) All land between that portion of Interstate 395 that is south of D Street, N.W., and N.E., and the Washington Channel;

"(3) All land between that portion of Interstate 395 that is south of D Street, N.W., and N.E., and the Anacostia River;

"(4) The portion of Interstate 295 that is north of the Anacostia River and all rights-of-way of that portion of Interstate 295;

"(5) All land between that portion of Interstate 295 that is north of the Anacostia River and the Anacostia River;

"(6) The portion of the Anacostia Freeway that is north or east of the intersection of the Anacostia Freeway and Defense Boulevard and all rights-of-way of that portion of the Anacostia Freeway;

"(7) All land between that portion of the Anacostia Freeway described in paragraph (6) of this subsection and the Anacostia River;

"(8) All land that is adjacent to the Anacostia River and designated as parks, recreation, and open space on the District of Columbia Generalized Land Use Map dated January 2002, except for the land that is:

"(A) North of New York Avenue, N.E.;

"(B) East of the Anacostia Freeway;

"(C) Contiguous to that portion of the Suitland Parkway that is south of Martin Luther King Jr. Avenue;

"(D) South of a line drawn along, and as a continuation both east and west of, the center line of the portion of Defense Boulevard between Brookley Avenue, S.W., and Mitscher Road, S.W.;

"(9) All land, excluding Eastern High School, that is:

"(A) Adjacent to the land described in paragraph (7) of this subsection;

"(B) West of the Anacostia River; or

"(C) Designated as a local public facility on the District of Columbia Generalized Land Use Map;

"(10) All land that is:

"(A) South or east of that portion of Potomac Avenue, S.E., between Interstate 295 and 19th Street, S.E.; and

"(B) West or north of the Anacostia River;

"(11) The portion of the Anacostia River within the District; and

"(12) The Washington Channel."

Section 702(b) of D.C. Law 17-53 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) addition, see § 405 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 § 405 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).

Legislative History of Laws

For Law 17-138, see notes following § 2-1226.01.

Law 19-192, the "Anacostia Waterfront Environmental Standards Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-745, which was referred to the Committees of the Whole, and Environment, Public Works and Transportation. The Bill was adopted on first and second readings on June 26, 2012, and July 10, 2012, respectively. Signed by the Mayor on August 9, 2012, it was assigned Act No. 19-447 and transmitted to both Houses of Congress for its review. D.C. Law 19-192 became effective on October 23, 2012.