(a) The Mayor may submit proposed rules to the Council to establish credits that offset real property taxes and business franchise taxes in connection with the cleanup and redevelopment of a contaminated property. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
(b) Nothing in this section shall affect any requirements imposed upon the Mayor pursuant to subchapter I of Chapter 5 of Title 2.
(c) The aggregate of the credits given pursuant to this section may equal an amount up to 100% of costs for cleanup and shall not exceed 25% of costs for redevelopment of a contaminated property.
(June 13, 2001, D.C. Law 13-312, § 701, 48 DCR 3804.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-312, see notes following § 8-631.01.
(a) The Mayor may grant a property tax reduction on a contaminated property for the cleanup and the redevelopment of the property. The Mayor may grant the deferral or forgiveness of any delinquent real property taxes, delinquent special assessments, cost or fee assessed to correct any condition that exists on the contaminated property in violation of the law. The application for the tax reduction or for deferral or forgiveness, shall contain the following:
(1) A description of the real property;
(2) The assessed value of the real property;
(3) A statement of expected public benefits;
(4) A certification by DDOE that the applicant is eligible for the voluntary cleanup program established by this chapter; and
(5) A statement of public benefits which shall include the following:
(A) A description of the proposed cleanup and redevelopment;
(B) An estimate of the cost of the cleanup and redevelopment; and
(C) An estimate of the benefits associated with the proposed cleanup and redevelopment of the contaminated property, including:
(i) An estimate of the number of person who will be employed or whose employment shall be retained as a result of the cleanup and redevelopment; an estimate of the annual salaries of those employees; and the number of District resident employees;
(ii) An estimate of the increase in the assessed value of the real property; and
(iii) An estimate of the total increase in taxable activity in connection with the proposal.
(b) The Mayor may grant a credit to any franchise tax liability imposed by subchapters VII or VIII of Chapter 18 of Title 47. The application for the credit shall:
(1) Identify the incorporated or unincorporated business entity;
(2) Estimate the annual dollar value of each franchise tax credit; and
(3) State whether the business entity has entered into an employment agreement with the District pursuant to subchapter X of Chapter 2 of Title 2.
(c) If the amount of the credits allowable pursuant to this section exceeds the taxes otherwise due, the amount of the credits not used as an offset against the taxes may be carried forward for up to 25 years.
(d) The Mayor may impose limitations on the amount of total reductions that shall be allowed.
(June 13, 2001, D.C. Law 13-312, § 702, 48 DCR 3804; Oct. 26, 2001, D.C. Law 14-42, § 16, 48 DCR 7612; Apr. 8, 2011, D.C. Law 18-369, § 2(a), 58 DCR 996.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 14-42, in subsec. (b), substituted "subchapters VII or VIII of Chapter 18" for "subchapters VII or VIII".
D.C. Law 18-369 substituted "DDOE" for "EHA" wherever it appeared.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 16 of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).
For temporary (90 day) amendment of section, see § 2(a) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
Legislative History of Laws
For Law 13-312, see notes following § 8-631.01.
Law 14-42, the "Technical Correction Amendment Act of 2001", was introduced in Council and assigned Bill No. 14-216, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 5, 2001, and June 26, 2001, respectively. Signed by the Mayor on July 24, 2001, it was assigned Act No. 14-107 and transmitted to both Houses of Congress for its review. D.C. Law 14-42 became effective on October 26, 2001.
For history of Law 18-369, see notes under § 8-631.02.
The Mayor shall establish an Environmental Savings Account Program which shall permit any person, to establish an Environmental Savings Account ("ESA") for the purpose of accumulating funds to be used for the cleanup or the redevelopment of a contaminated property. Funds deposited in an ESA and the interest earned on the funds shall be exempt from District income tax; provided, that any funds withdrawn that are not used for cleanup and redevelopment shall be subject to income tax and a 10% penalty.
(June 13, 2001, D.C. Law 13-312, § 703, 48 DCR 3804.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 13-312, see notes following § 8-631.01.
(a) Subject to availability of funds in the Clean Land Fund established by § 8-633.08, the Mayor may award grants and provide financial assistance for the cleanup and redevelopment of contaminated property. The financial assistance, in the form of grants or loans, to be made at a rate not to exceed 2%, shall be in an amount up to 75% of the costs incurred for completing an environmental assessment and cleaning and redeveloping a contaminated property.
(b) The following criteria shall be used to determine eligibility for financial assistance:
(1) The benefit of the remedy to public health, safety and the environment;
(2) The permanence of the remedy;
(3) The cost effectiveness of the remedy compared with other alternatives;
(4) The financial condition of the applicant;
(5) The economic distress of the area in which the site is located; and
(6) The potential for economic development.
(c) In addition to the criteria in subsection (b) of this section, loans may be made based on the ability to repay the loan from future revenue to be derived from the redeveloped site and may be secured by a mortgage or other collateral.
(d) Moneys received as repayment of loans shall be deposited in the Clean Land Fund.
(e) The Mayor shall provide an annual report to the Council by October 1 of each year on grants, loans, and expenditures made from the Clean Land Fund, the revenue received by the fund, and on the effectiveness of the fund in redeveloping contaminated property sites.
(June 13, 2001, D.C. Law 13-312, § 704, 48 DCR 3804.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
For temporary (225 day) addition of section 8-637.11, see § 2 of Brownfield Revitalization Temporary Amendment Act of 2001 (D.C. Law 14-16, July 10, 2001, law notification 48 DCR 6592).
Emergency Act Amendments
For temporary (90 day) addition of section 8-637.11, see § 2 of Brownfield Revitatization Emergency Amendment Act of 2001 (D.C. Act 14-39, April 18, 2001, 48 DCR 3837).
Legislative History of Laws
For Law 13-312, see notes following § 8-631.01.
