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Current through October 23, 2012
For the purposes of this subchapter, the term:
(1) "Available Real Property Tax Revenues" means the revenues resulting from the imposition of the tax under Chapter 8 of Title 47, including any penalties and interest charges, exclusive of the special tax provided for in § 1- 204.81, pledged to the payment of general obligation indebtedness of the District.
(2) "Available Sales Tax Revenues" means the revenues resulting from the imposition of the tax under Chapter 20 of Title 47, including any penalties and interest charges, exclusive of the portion thereof required to be deposited in the Washington Convention Center Fund established pursuant to § 10-1202.08.
(3) "Bonds" means any bonds, notes, or other instruments issued by the District pursuant to § 1-204.90 and secured by Tax Increment Revenues or other security authorized by this subchapter.
(4) "CFO" means the Chief Financial Officer of the District of Columbia.
(5) "Downtown Retail Priority Area" means the record lots that front one of the following street locations: 7th Street, N.W., between Indiana and Massachusetts Avenues, N.W.; 11th Street, N.W., between Pennsylvania Avenue, N.W., and New York Avenue, N.W.; F Street, N.W., between 6th and 15th Streets, N.W.; and G Street, N.W., between 10th and 13th Streets, N.W., and includes portions of the following squares: 223, 224, 225, 252, 253, 254, 288, 289, 290, 319, 320, 321, 322, 346, 347, 348, 376, 377, 403, 406, 408.1, 428, 429, 430, 431, 452, 453, 454, 455, 456, 457, and 458.
(6) "Home Rule Act" means Chapter 2 of Title 1.
(7) "LSDBE" means a local, small, or disadvantaged business enterprise certified by the Small and Local Business Opportunity Commission under subchapter IX-A of Chapter 2 of this title.
(8) "Retail Development Project" means the establishment of a business engaged in direct onsite retail sales to consumers or providing a unique entertainment attraction, including the following activities in connection with such business: acquisition, purchase, construction, reconstruction, improvement, renovation, rehabilitation, restoration, remodeling, repair, remediation, expansion, extension, and the furnishing, equipping, and opening for business. In the case of the Downtown Retail Priority Area, Retail Development Projects shall meet the requirements of § 2-1217.73a, shall be limited to restaurants (on a demonstration basis), grocery and specialty food stores and businesses engaged in sales of home furnishings, apparel, and general merchandise goods to specialized customers, or providing a unique entertainment attraction, and shall specifically exclude:
(A) Liquor stores, nightclubs, hotels, banks, pharmacies, phone stores, and service retail outlets; and
(B) The relocation of a business to the Downtown Retail Priority Area from another location within the District, unless the relocation involves a significant expansion of the size of the business.
(9) "Retail Development Costs" means any costs associated with, arising out of, or incurred in connection with:
(A) A Retail Development Project;
(B) The issuance of, or debt service or any other payments in respect of, the Bonds, including costs of issuance, capitalized interest, credit enhancement fees, reserve funds, or working capital; or
(C) The relocation of any business where the purpose of the relocation is to make space for a Retail Development Project.
(10) "Retail Priority Area" means:
(A) The Downtown Retail Priority Area; and
(B) Any other area or areas of the District so designated by the Mayor and approved by the Council in accordance with this subchapter.
(11) "Rules of Operation" means the rules and procedures, established by the Mayor pursuant to § 2-1217.74, by which Retail Development Projects will be approved as TIF Areas and receive proceeds of Bonds to pay Retail Development Costs.
(12) "Tax Increment Revenues" means the portion of the Available Real Property Tax Revenues, Available Sales Tax Revenues, or both, allocable to one or more tax allocation funds pursuant to § 2-1217.76.
(13) "TIF" means tax increment financing.
(14) "TIF Act" means subchapter IX of Chapter 12 of Title 2 or any successor act.
(15) "TIF Area" means a Retail Development Project that has been approved by the Mayor to receive proceeds of Bonds in accordance with the applicable Rules of Operation for the Retail Priority Area in which the Retail Development Project is located.
(Sept. 8, 2004, D.C. Law 15-185, § 2, 51 DCR 5941; Mar. 2, 2007, D.C. Law 16-191, § 11, 53 DCR 6794; Mar. 20, 2008, D.C. Law 17-129, § 2(a), 55 DCR 1532; Nov. 19, 2008, D.C. Law 17-262, § 2(a), 55 DCR 10887; Mar. 25, 2009, D.C. Law 17-353, § 226, 56 DCR 1117; Mar. 3, 2010, D.C. Law 18-106, § 2, 57 DCR 18; Mar. 3, 2010, D.C. Law 18-111, § 2082(g), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, § 7112(a), 57 DCR 6242.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 16-191 rewrote par. (7) which had previously read as follows:
"(7) 'LSDBE' means a local, small, or disadvantaged business enterprise certified by the District of Columbia Local Business Opportunity Commission under subchapter IX of Chapter 2 of Title 2."
D.C. Law 17-129, in par. (8), substituted "direct onsite retail sales to consumers or providing a unique entertainment attraction," for "direct onsite retail sales to consumers," and substituted "general merchandise goods to specialized customers, or providing a unique entertainment attraction," for "general merchandise goods to specialized customers".
D.C. Law 17-262, in par. (8), substituted "limited to grocery and specialty food stores and" for "limited to".
D.C. Law 17-353 validated a previously made technical correction in par. (8).
D.C. Law 18-106, in par. (5), substituted "15th Streets, N.W." for "14th Streets, N.W.".
D.C. Law 18-111, in par. (2), substituted "Washington Convention Center Fund" for "Washington Convention Center Authority Fund".
D.C. Law 18-223, in the lead-in language of par. (8), substituted "shall meet the requirements of § 2-1217.73a, shall be limited to restaurants (on a demonstration basis)," for "shall be limited to"; and, in par. (8)(A), deleted "restaurants," following "hotels,".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(a) of Downtown Retail TIF Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-302, February 22, 2008, 55 DCR 2510).
For temporary (90 day) amendment of section, see § 2082(g) 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 § 2082(g) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
For temporary (90 day) amendment of section, see § 7112(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Legislative History of Laws
Law 15-185, the "Retail Incentive Act of 2004", was introduced in Council and assigned Bill No. 15-306, which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on April 6, 2004, and May 4, 2004, respectively. Signed by the Mayor on May 21, 2004, it was assigned Act No. 15-435 and transmitted to both Houses of Congress for its review. D.C. Law 15-185 became effective on September 8, 2004.
Law 16-191, the "Technical Amendments Act of 2006", was introduced in Council and assigned Bill No. 16-760, which was referred to the Committee of the whole. The Bill was adopted on first and second readings on June 20, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 31, 2006, it was assigned Act No. 16-475 and transmitted to both Houses of Congress for its review. D.C. Law 16-191 became effective on March 2, 2007.
Law 17-129, the "Downtown Retail TIF Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-451 which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on December 11, 2007, and January 8, 2008, respectively. Signed by the Mayor on January 29, 2008, it was assigned Act No. 17-279 and transmitted to both Houses of Congress for its review. D.C. Law 17-129 became effective on March 20, 2008.
Law 17-262, the "Downtown Retail Tax Increment Financing Amendment Act of 2008", was introduced in Council and assigned Bill No. 17-771 which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on July 15, 2008, and September 16, 2008, respectively. Signed by the Mayor on September 29, 2008, it was assigned Act No. 17-513 and transmitted to both Houses of Congress for its review. D.C. Law 17-262 became effective on November 19, 2008.
For Law 17-353, see notes following § 2-218.42.
Law 18-106, the "F Street, N.W. Downtown Retail Priority Area Clarification Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-303, which was referred to the Committee on Finance and Revenue. The bill was adopted on first and second readings on November 3, 2009, and December 1, 2009, respectively. Signed by the Mayor on December 18, 2009, it was assigned Act No. 18-244 and transmitted to both Houses of Congress for its review. D.C. Law 18-106 became effective on March 3, 2010.
For Law 18-111, see notes following § 2-218.50.
For Law 18-223, see notes following § 2-218.76.
Miscellaneous Notes
Short title: Section 7111 of D.C. Law 18-223 provided that subtitle L of title VII of the act may be cited as the "Retail Incentive Amendment Act of 2010".
