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Current through October 23, 2012
(a) There is established a compliance unit ("Unit") within the Office of the District of Columbia Auditor.
(b) The Unit shall:
(1) Conduct an audit and report on compliance related to real estate development transactions, agreements, or parcels ("projects") receiving government assistance, which were previously managed by the dissolved National Capital Revitalization Corporation and Anacostia Waterfront Corporation and placed under the management of the Office of the Deputy Mayor for Planning and Economic Development, pursuant to the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; D.C. Official Code § 2-1225.01 et seq.);
(2) Monitor agency contracting and procurement activities to the extent those activities are related to the achievement of the goals set forth in § 2- 218.41;
(3) Review quarterly and annual reports required by §§ 2-218.50 and 2- 218.53 of each agency;
(4) Monitor third-party contracting and procurement activities to the extent those activities are related to contracting with, and procuring from, certified business enterprises; and
(5) Review any reports as may be required of third parties.
(c) For the purposes of this part, the term "government assistance" means a grant, loan, tax increment financing, or other financial assistance that results in a financial benefit from an agency, commission, instrumentality, or other entity of the District government. The term "government assistance" may also include PILOT financing, a Tax Abatement, a Tax Incentive, or a discounted lease or sale price for District- owned land.
(d) The Unit's audit shall focus on the following compliance requirements:
(1) Requirements related to developer selection and performance guidelines, as defined in the Mayor's source-selection process;
(2) Requirements related to selection of goods and services, as defined in Unit A of Chapter 3 of Title 2;
(3) Requirements related to living-wage laws pursuant to subchapter X-A of Chapter 2 of Title 2;
(4) Requirements related to contracting with, and procuring goods and services from, Certified Business Enterprises ("CBEs") pursuant to subchapter IX-A of Chapter 2 of Title 2 ("SLDBE Assistance Act");
(5) Requirements related to equity and development participation by CBEs pursuant to the SLDBE Assistance Act;
(6) Requirements related to environmental standards, including Chapter 14A of Title 6, part B of subchapter XIV of Chapter 12 of Title 2, and where applicable, the Leadership in Energy and Environmental Design ("LEED") Green Building Rating System; and
(7) Requirements related to affordable housing mandates, including subchapter II-A of Chapter 10 of Title 6, the Community Development Block Grant, the Housing Production Trust Fund, the Home Investment Partnerships Program, and the Low-Income Housing Tax Credit program, as applicable.
(June 13, 2008, D.C. Law 17-176, § 2, 55 DCR 5390; Mar. 3, 2010, D.C. Law 18-111, § 2221(a), 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-111 rewrote subsec. (b), which had read as follows:
"(b) The Unit shall conduct an audit and report on compliance related to real estate development transactions, agreements, or parcels ('projects') receiving government assistance, which were previously managed by the dissolved National Capital Revitalization Corporation and Anacostia Waterfront Corporation and placed under the management of the Office of the Deputy Mayor for Planning and Econornic Development, pursuant to the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689)."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2221(a) 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 § 2221(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
Law 17-176, the "Compliance Unit Establishment Act of 2008", was introduced in Council and assigned Bill No.17-503 which was referred to the Committee on Economic Development. The Bill was adopted on first and second readings on March 4, 2008, and April 1, 2008, respectively. Signed by the Mayor on April 22, 2008, it was assigned Act No. 17-360 and transmitted to both Houses of Congress for its review. D.C. Law 17-176 became effective on June 13, 2008.
Law 18-111, the "Fiscal Year 2010 Budget Support Act of 2009", was introduced in Council and assigned Bill No. 18-203, which was referred to the Committee on the Whole. The bill was adopted on first and second readings on May 12, 2009, and September 22, 2009, respectively. Signed by the Mayor on December 18, 2009, it was assigned Act No. 18-255 and transmitted to both Houses of Congress for its review. D.C. Law 18-111 became effective on March 3, 2010.
Miscellaneous Notes
Section 7100 of D.C. Law 17-219 repealed section 6 of D.C. Law 17-176.
Short title: Section 2220 of D.C. Law 18-111 provided that subtitle W of title II of the act may be cited as the "Department of Small and Local Business Development Amendment Act of 2009".
