Part R. H Street Retail Priority Area Fund.


  • Current through October 23, 2012
  • For the purposes of this part, the term:

    (1) "Chief Financial Officer" means the Chief Financial Officer established by § 1-204.24(a).

    (2) "DMPED" means the Office of the Deputy Mayor for Planning and Economic Development established by Mayor's Order 99-62 (April 9, 1999).

    (3) "Developer Sponsor" shall have the same meaning as provided in § 47- 4634(1).

    (4) "H Street Real Property Tax Increment Revenue" means the portion of the real property tax imposed by Chapter 8 of Title 47 of the District of Columbia Official Code on real property in the H Street, N.E., Retail Priority Area in any fiscal year that exceeds the amount of the real property tax imposed on the real property in the H Street, N.E., Retail Priority Area in the fiscal year ended September 30, 2007.

    (5) "H Street, N.E., Retail Priority Area" means the H Street, N.E., Retail Priority Area as defined in section 2(2) of the Great Streets Neighborhood Retail Priority Areas Approval Resolution of 2007, effective July 10, 2007 (Res. 17-257; 54 DCR 7194), which includes the parcels, squares, and lots within the area bounded by a line beginning at the intersection of the center lines of Massachusetts Avenue, N.E., Columbus Circle, N.E., and 1st Street, N.E.; continuing northeast along the center line of 1st Street, N.E., to the center line of K Street, N.E.; continuing east along the center line of K Street, N.E., to the center line of Florida Avenue, N.E.; continuing southeast along the center line of Florida Avenue, N.E., to the center line of Staples Street, N.E.; continuing northeast along the center line of Staples Street, N.E., to the center line of Oates Street, N.E.; continuing southeast along the center line of Oates Street, N. E., until the point where Oates Street, N.E., becomes K Street, N.E.; continuing east along the center line of K Street, N.E., to the center line of 17th Street, N.E.; continuing south along the center line of 17th Street, N.E., to the center line of Gales Street, N.E.; continuing northwest along the center line of Gales Street, N.E., to the center line of 15th Street, N.E.; continuing south along the center line of 15th Street, N. E., to the center line of F Street, N.E.; continuing west along F Street, N. E., to the center line of Columbus Circle, N.E.; and continuing south and circumferentially along the center line of Columbus Circle, N.E., to the beginning point.

    (6) "H Street Retail Developer" means a person or corporation that proposes to, or provides technical assistance to, engage in the business of sale of personal property or services for use or consumption by the purchasers at locations in the H Street, N.E., Retail Priority Area.

    (7) "H Street Sales Tax Increment Revenue" means the portion of the sales tax imposed by Chapter 20 of Title 47 on goods and services sold in the H Street, N.E., Retail Priority Area in any fiscal year that exceeds the amount of the sales tax imposed in the H Street, N.E., Retail Priority Area in the fiscal year ended September 30, 2007.

    (Apr. 8, 2011, D.C. Law 18-354, § 2, 58 DCR 754; Sept. 20, 2012, D.C. Law 19-168, § 2162(a), 59 DCR 8025.)

    HISTORICAL AND STATUTORY NOTES

    Effect of Amendments

    D.C. Law 19-168, in par. (6), substituted "personal property or services" for "personal property".

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 2162(a) 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) amendment of section, see § 2162(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

    Legislative History of Laws

    Law 18-354, the "H Street, N.E., Retail Priority Area Incentive Act of 2010", was introduced in Council and assigned Bill No. 18-970, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on December 7, 2010, and December 21, 2010, respectively. Signed by the Mayor on January 19, 2011, it was assigned Act No. 18-704 and transmitted to both Houses of Congress for its review. D.C. Law 18-354 became effective on April 8, 2011.

    For history of Law 19-168, see notes under § 1-137.01.

    Miscellaneous Notes

    Short title: Section 2161 of D.C. Law 19-168 provided that subtitle Q of title II of the act may be cited as "H Street NE Retail Priority Area Incentive Amendment Act of 2012".

  • Current through October 23, 2012 Back to Top
  • (a) There is established as a nonlapsing fund outside the General Fund of the District of Columbia a fund designated as the H Street Retail Priority Area Grant Fund. The Chief Financial Officer shall pay upon April 8, 2011, an amount not to exceed $5 million annually, but not to exceed $25 million in the aggregate, of the H Street Real Property Tax Increment Revenue and the H Street Sales Tax Increment Revenue into the H Street Retail Priority Area Grant Fund.

    (b) All funds deposited into the H Street Retail Priority Area Grant Fund, 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 subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.

    (c) DMPED shall use a portion of each of the $5 million annual allocations into the H Street Retail Priority Area Grant Fund as follows:

    (1)(A) Repay the General Fund of the District of Columbia annually for all tax abatements to the Developer Sponsor.

    (B) The value of the tax abatements to the Developer Sponsor shall not exceed $5 million in the aggregate; and

    (2) Make grants to H Street Retail Developers in accordance with § 1- 325.173.

    (d) The Mayor shall prepare and deliver an annual report to the Council each year on January 1st. The annual report shall contain a listing and description of each grant issued from the H Street Retail Priority Area Grant Fund pursuant to this part. Each listing shall contain specific information about the nature of the grant, the grantee, the use of the grant funds, the projected number of new jobs created for District residents, the projected economic benefit to the District, and any other information the Council may request regarding each grant.

    (Apr. 8, 2011, D.C. Law 18-354, § 3, 58 DCR 754.)

    HISTORICAL AND STATUTORY NOTES

    Legislative History of Laws

    For history of Law 18-354, see notes under § 1-325.171.

  • Current through October 23, 2012 Back to Top
  • (a) The Mayor shall publish no later than 120 days after April 8, 2011, and no less than annually after that date, a notice of funding availability to make grants to assist retail development projects which generate new jobs in new or improved existing retail space in the H Street, N.E., Retail Priority Area.

    (b)(1) Eligible development projects shall include businesses engaged in the sale of home furnishings, apparel, books, art, groceries, and general merchandise to specialized customers or service-oriented businesses providing a direct service to specialized customers or artistic endeavors, such as art galleries, theaters, or performing arts centers. Special consideration shall be given to businesses that include entrepreneurial and innovative retail elements.

    (2) Eligible retail development projects shall not include liquor stores, restaurants, nightclubs, phone stores, or businesses with 20 or more locations in the United States.

    (c) Eligibility for retail development projects shall include:

    (1) Site control of the property either through fee simple ownership of the site or through an executed contract or lease with the property owner;

    (2) Direct frontage on the H Street, N.E., corridor from 3rd Street, N.E. , to 15th Street, N.E.;

    (3) Repealed.

    (4) Execution of a First Source Agreement with the District's Department of Employment Services; and

    (5) Adherence to design, construction, and rehabilitation requirements as defined by DMPED.

    (Apr. 8, 2011, D.C. Law 18-354, § 4, 58 DCR 754; Sept. 20, 2012, D.C. Law 19-168, § 2162(b), 59 DCR 8025.)

    HISTORICAL AND STATUTORY NOTES

    Effect of Amendments

    D.C. Law 19-168 rewrote subsec. (b) and repealed subsec. (c)(3), which formerly read:

    "(b) Eligible retail development projects shall include retail businesses engaged in the sale of home furnishings, apparel, books, art, groceries, and general merchandise goods to specialized customers. Special consideration shall be given to retail developments that include entrepreneurial and innovative retail elements. Eligible retail development projects shall not include liquor stores, restaurants, nightclubs, hair salons, barber shops, and phone stores."

    "(3) Total retail space which is not less than 1,200 square feet;"

    Emergency Act Amendments

    For temporary (90 day) amendment of section, see § 2162(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) amendment of section, see § 2162(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

    Legislative History of Laws

    For history of Law 18-354, see notes under § 1-325.171.

    For history of Law 19-168, see notes under § 1-137.01.