D.C. Act 24-470. Fiscal Year 2023 Budget Support Emergency Act of 2022.
AN ACT
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Fiscal Year 2023 Budget Support Emergency Act of 2022.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Fiscal Year 2023 Budget Support Emergency Act of 2022".
TITLE I. GOVERNMENT DIRECTION AND SUPPORT
SUBTITLE A. INFORMATION TECHNOLOGY INNOVATION AND INFRASTRUCTURE
Sec. 1001. Short title.
This subtitle may be cited as the "Information Technology Innovation and Infrastructure Emergency Amendment Act of 2022".
Sec. 1002. Section 1814(13) of the Office of the Chief Technology Officer Establishment Act of 1998, effective March 26, 1999, (D.C. Law 12-175; D.C. Official Code § 1-1403(13)), is amended by striking the phrase "within the District, including through the issuance of sub-grants" and inserting the phrase "within the District, including through the issuance of grants and sub-grants" in its place.
Sec. 1003. Section 1003 of the Technology Services Support Act of 2007, effective September 18, 2007 (D.C. Law 17-20; D.C. Official Code § 1-1432), is amended to read as follows:
"Sec. 1003. DC-NET Services and Innovation Fund.
"(a) There is established as a special fund the DC-NET Services and Innovation Fund ("Fund"), which shall be administered by the Office of the Chief Technology Officer ("Office") in accordance with subsection (c) of this section.
"(b) There shall be deposited into the Fund all payments for telecommunications services furnished by the Office's DC-NET program from independent District government agencies; agencies of the federal government; agencies of state or local governments; nonprofit entities providing services in the District; entities outside the District government that may engage the DC-NET program to provide telecommunications services to the District of Columbia Public Schools, District of Columbia public charter schools, or the District of Columbia Public Library; any open-access public network established for the purpose of providing Internet access services to underserved residents or neighborhoods in the District; and entities designated by the Mayor as necessary to support economic development initiatives of the District government.
"(c) Money in the Fund shall be used for the following purposes:
"(1) Network enhancement, maintenance, and expansion;
"(2) District government information technology innovation;
"(3) Initiatives and actions to incorporate emerging information and communication technologies into the operations of District government agencies to enhance agency operations and the quality of life for District residents, businesses, and visitors through smart technology, including the internet of things, public Wi-Fi, connected devices, and sensors, innovation competitions, and data analytics; and
"(4) To pay for operational and administrative costs of the DC-NET program.
"(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
"(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.".
SUBTITLE B. INSPECTOR GENERAL SUPPORT FUND ENHANCEMENT
Sec. 1011. Short title.
This subtitle may be cited as the "Inspector General Support Fund Enhancement Emergency Amendment Act of 2022".
Sec. 1012. Section 208a of the District of Columbia Procurement Practices Act of 1985, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 1-301.115c), is amended as follows:
(a) Subsection (b) is amended as follows:
(1) Paragraph (1) is amended by striking the phrase "; and" inserting a semicolon in its place.
(2) Paragraph (2) is amended by striking the period and inserting the phrase "; and" in its place.
(3) A new paragraph (3) is added to read as follows:
"(3) Notwithstanding any other law, all unspent local funds in excess of $1 million remaining in the operating budget of the Office of the Inspector General at the end of each fiscal year.".
(b) Subsection (c)(1) is amended as follows:
(1) Subparagraph (A) is amended by striking the figure "$1 million" and inserting the figure "$3 million" in its place.
(2) Subparagraph (B) is amended by striking the figure "$2.5 million" and inserting the figure "$5 million" in its place.
Subtitle C. GOVERNMENT SPACE MAINTENANCE AND REPAIR TRANSPARENCY DASHBOARD
Sec. 1021. Short title.
This subtitle may be cited as the "Government Space Maintenance and Repair Transparency (GovSMaRT) Dashboard Emergency Amendment Act of 2022".
Sec. 1022. The Department of General Services Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 10-551.01 et seq.), is amended by adding a new section 1028e to read as follows:
"Sec. 1028e. Government Space Maintenance and Repair Transparency Dashboard.
"(a) Beginning no later than October 1, 2022, the Department shall publish a dashboard referencing all open District of Columbia Public School campus facility maintenance work orders, updated at least weekly to reflect changes in work order status and newly opened work orders.
"(b) Beginning no later than October 1, 2023, the Department shall update the previously established dashboard to include all open Department of Parks and Recreation facility maintenance work orders, updated at least weekly to reflect changes in work order status and newly opened work orders.
"(c) For purposes of complying with subsections (a) and (b) of this section, the Department shall utilize existing technological resources to the greatest extent feasible.
"(d) For purposes of this section, the term "dashboard" means a publicly accessible online data interface that shares information on all facility maintenance work orders submitted to the Department, including at least the following information for each work order:
"(1) The facility impacted;
"(2) The location of the issue;
"(3) A description of the type of issue;
"(4) The individual or entity that reported the issue, if known and authorized to be disclosed by the individual or entity;
"(5) The work order number;
"(6) Any prioritization level that the Department or client agency has assigned;
"(7) The status of the work order; and
"(8) If the work order remains open, an estimated completion date.".
SUBTITLE D. PUBLIC FACLITIES ENVIRONMENTAL SAFETY IMPLEMENTATION
Sec. 1031. Short title.
This subtitle may be cited as the "Public Facilities Environmental Safety Implementation Emergency Amendment Act of 2022".
Sec. 1032. The Healthy Public Buildings Assessment Act of 2016, effective April 1, 2017 (D.C. Law 21-237; D.C. Official Code § 10-711 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 10-711) is amended by striking paragraph (5A).
(b) Section 3 (D.C. Official Code § 10-712) is amended as follows:
(1) Subsection (b-1) is amended by striking the phrase "construction, excavation, or substantial renovation:" and inserting the phrase "construction, or excavation:" in its place.
(2) Subsection (d-1) is amended by striking the phrase "excavation, substantial renovation, or construction" and inserting the phrase "excavation, or construction" in its place.
SUBTITLE E. FOIA DISCLOSURE CLARIFICATION
Sec. 1041. Short title.
This subtitle may be cited as the "Agency Budget Request Freedom of Information Clarification Emergency Amendment Act of 2022".
Sec. 1042. The Freedom of Information Act of 1976, effective March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531 et seq.), is amended as follows:
(a) Section 204 (D.C. Official Code § 2-534) is amended by adding a new subsection (c-1) to read as follows:
"(c-1) Notwithstanding any other provision of law, no document or information described in
(b) Section 206 (D.C. Official Code § 2-536) is amended by adding a new subsection (d) to read as follows:
"(d)(1) Notwithstanding any other provision of law, no document or information described in subsection (a)(6A) of this section that was created on or after December 7, 2004, shall be exempt from disclosure pursuant to section 204(a)(4) and (e).
"(2) In addition to making such document or information public information pursuant to subsection (a) of this section, a public body shall provide any document or information described in subsection (a)(6A) of this section that was created on or after December 7, 2004, to a person who has requested to inspect or copy it pursuant to section 202, regardless of the date on which such request may have been made.".
Sec. 1043. Applicability.
This subtitle shall apply as of December 7, 2004.
TITLE II. ECONOMIC DEVELOPMENT AND REGULATION
SUBTITLE A. HEIRS' PROPERTY
Sec. 2001. Short title.
This subtitle may be cited as the "Heirs' Property Legal Assistance Emergency Act of 2022".
Sec. 2002. Heirs' property legal assistance.
(a) The Mayor may issue grants to assist low-income individuals to pay for legal services necessary to obtain clear legal title to property the individual inherited either testate or intestate from a member of the individual's family.
(b) The grants authorized by this section may be issued to an individual eligible for assistance under subsection (a) of this section, a legal services organization providing the legal services described in subsection (a) of this section, or to a third-party grant-managing entity for the purpose of making subgrants to such individuals or organizations on behalf of the Mayor.
(c) The Mayor, pursuant to
SUBTITLE B. TAX INCREMENT FINANCING
Sec. 2011. Short title.
This subtitle may be cited as the "Tax Increment Financing Technical Emergency Amendment Act of 2022".
Sec. 2012. The Tax Increment Financing Authorization Act of 1998, effective September 11, 1998 (D.C. Law 12-143; D.C. Official Code § 2-1217.01 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 2-1217.01) is amended as follows:
(1) New paragraphs (4A) and (4B) are added to read as follows:
"(4A) "Base real property tax amount" means the amount of revenue that would result during a fiscal year from the imposition of the tax provided for in
"(4B) "Base sales tax amount" means the amount of revenue that would result during a fiscal year from the imposition of the tax imposed pursuant to
(2) Paragraphs (22) and (23) are repealed.
(b) Section 4(d) (D.C. Official Code § 2-1217.03(d)) is amended by striking the phrase "certify the project," and inserting the phrase "certify the project, the base real property tax amount for the project's TIF area for the then-current fiscal year and each subsequent fiscal year, and the base sales tax amount for the project's TIF area for the then-current fiscal year and each subsequent fiscal year," in its place.
(c) Section 6 (D.C. Official Code § 2-1217.05) is amended as follows:
(1) Subsection (a) is amended to read as follows:
"(a) When the CFO certifies a project pursuant to
(2) Subsection (c) is amended by striking the phrase "attributable to the difference between the current assessed value and the initial assessed value of each lot of taxable real property within the TIF area" and inserting the phrase "in excess of the base real property tax amount" in its place.
(3) Subsection (d) is amended by striking the phrase "initial sales tax amount" and inserting the phrase "base sales tax amount" in its place.
(4) Subsection (e) is amended by striking the word "payment" and inserting the phrase "payment or prepayment" in its place.
SUBTITLE C. REUNION SQUARE TIF
Sec. 2021. Short title.
This subtitle may be cited as the "Reunion Square Tax Increment Financing Emergency Amendment Act of 2022".
Sec. 2022. The Reunion Square Tax Increment Financing Amendment Act of 2020, effective March 16, 2021 (D.C. Law 23-202; D.C. Official Code § 2-1217.40a et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 2-1217.40a) is amended as follows:
(1) Paragraph (7) is amended to read as follows:
"(7) "Bonds" or "bonds" means the District of Columbia Class A Bonds, Class B Bonds, and any other revenue bonds, notes, or other obligations, in one or more series, authorized to be issued pursuant to this act. Unless otherwise specified, the term "Bonds" or "bonds" shall include Refunding Bonds.".
(2) Paragraph (19) is amended by striking the word "refund" and inserting the phrase "refund or refinance" in its place.
(b) Section 5(a) (D.C. Official Code § 2-1217.40d(a)) is amended by striking the phrase "not to exceed $16.9 million" and inserting the phrase "not to exceed $16.9 million (not including the principal amount of Refunding Bonds issued to refund or refinance principal of Class A Bonds)" in its place.
(c) Section 15 (D.C. Official Code § 2-1217.40n) is amended as follows:
(1) Subsection (a) is amended to read as follows:
"(a) The authority to issue the Class A Bonds shall expire at 11:59 p.m. on September 30, 2025, if no Bonds have been issued; provided, that the expiration of the authority shall have no effect on any Bonds issued on or prior to the expiration date or on the District's ability to issue Refunding Bonds on a future date. Class A Bonds issued as draw down bonds shall be deemed to have been issued for the purposes of this subsection in their entirety on the date of the first draw of principal on such Class A Bonds.".
(2) Subsection (b) is amended by striking the phrase "shall expire on September 30, 2030;" and inserting the phrase "shall expire at 11:59 p.m. on September 30, 2030;" in its place.
SUBTITLE D. DEPUTY MAYOR FOR PLANNING AND ECONOMIC DEVELOPMENT GRANTS
Sec. 2031. Short title.
This subtitle may be cited as the "DMPED Grants Emergency Amendment Act of 2022".
Sec. 2032. Section 2032 of the Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 1-328.04), is amended as follows:
(a) Subsection (l) is amended as follows:
(1) Paragraph (1) is amended to read as follows:
"(1) Notwithstanding
"(A) Rent;
"(B) Payroll and labor;
"(C) Inventory; or
"(D) Operating expenses.".
(2) Paragraph (2)(A) is amended as follows:
(A) Sub-subparagraph (vii) is amended by adding the word "and" at the end.
(B) Sub-subparagraph (viii) is repealed.
(3) Paragraphs (6) and (7) are amended to read as follows:
"(6) The Deputy Mayor may use up to 2% of the funds allocated for the grants in this subsection for administrative expenses associated with implementing the grant programs authorized in subsections (j) through (v) of this section.
"(7) For the purposes of this subsection, the term "small business" means a brick-and-mortar, for-profit establishment or a sole proprietor of a business enterprise involved in the sectors described in paragraph (1) of this subsection, such as event planners, musicians, music promoters, and sound engineers, located in the District, that reports gross receipts of no more than $5 million in annual revenue in each of 2019, 2020, and 2021.".
(b) Subsection (n) is amended as follows:
(1) Paragraph (1) is amended to read as follows:
"(1) Notwithstanding
(2) Paragraph (3) is amended as follows:
(A) Subparagraphs (B) and (C) are amended to read as follows:
"(B) Lease or own, or agree to lease or acquire, a physical office or business location of at least 7,000 square feet in the District and enter into an agreement with the District to remain in the leased or owned space for at least 5 years;
"(C) Be in the field of cloud and computer systems, finance and insurance, the impact economy, manufacturing, food technology, technology and innovation, big data, life sciences, education, education technology, research, consulting services, professional services, marketing, or communications;".
(B) Subparagraphs (D) and (E) are repealed.
(C) Subparagraph (F) is amended by striking the period at the end and inserting the phrase "; and" in its place.
(D) A new subparagraph (G) is added to read as follows:
"(G) Agree to:
"(i) Develop or participate in a workforce development program that offers District residents opportunities for training or employment within the business or the industry in which it operates; or
"(ii) Spend at least 5% of its total annual contracting with businesses eligible for certification as local business enterprises, pursuant
(c) Subsection (s) is amended to read as follows:
"(s) For Fiscal Years 2022 and 2023, the Deputy Mayor may make grants in an aggregate amount of up to $800,000 to businesses that:
"(1) Are located within the parcels, squares, and lots abutting 6th Street N.W., beginning at the intersection of 6th Street, N.W, and I Street, N.W., thence east on I Street, N.W., to its intersection with 5th Street, N.W., continuing south along 5th Street N.W., to the center line of H Street N.W., continuing west along H Street N.W., to the center line of 6th Street N.W., and the geographical boundaries set forth in the Great Streets Neighborhood Retail Priority Amendment Act of 2021, as introduced on March 31, 2021 (Bill 24-179); and
"(2) Would otherwise qualify for a Great Streets Small Business grant.".
(d) New subsections (w), (x), (y), (z), (aa), and (bb) are added to read as follows:
"(w)(1) Notwithstanding
"(2) The Mayor may issue one or more grants to a third-party grant-managing entity for the purpose of making and administering subgrants on behalf of the Mayor in accordance with the requirements of this subsection.
"(3) For the purposes of this subsection, the term "housing provider" means a landlord or other person entitled to receive rental payments for the use or occupancy of a rental housing unit in the District.
"(x)(1) The Mayor may make grants to individuals or entities, including Business Improvement Districts and Main Streets, for the purpose of creating or enhancing public spaces, exhibits, or businesses that will attract families to the Central Business District or other nearby commercial corridors.
"(2) A grant awarded pursuant to paragraph (1) of this subsection may be used to support improvements to existing attractions or to create new attractions.
"(3) An individual or entity seeking a grant pursuant to paragraph (1) of this subsection shall submit to the Mayor an application, in such form as is determined by the Mayor. The application shall include:
"(A) In the case of an existing attraction, a description of how the applicant proposes to spend the grant funds to support improvements to the attraction;
"(B) In the case of a new attraction, a description of the proposed attraction and how the applicant proposes to spend the grant funds to support the creation of the new attraction; and
"(C) Any additional information requested by the Mayor.
"(4) The Mayor may establish additional criteria for the award of a grant under this subsection and may set aside grants for specific purposes, such as enhancing Franklin Park as a destination and enhancing or creating family-oriented destinations.
"(5) For the purposes of this subsection, the term "attraction" means an indoor or outdoor facility or space that is open to the public for cultural, recreational, or entertainment uses, including parks, museums, plazas, and recreation spaces.
"(y) Notwithstanding
"(z) Notwithstanding
"(aa)(1) Notwithstanding
"(A) In Fiscal Year 2023, in an amount of up to $500,000, for the development of a locally owned and developed mobile application and website platform that will facilitate the delivery of local goods and products, of which at least 50% will be goods and products sold by equity impact enterprises.
"(B) On a recurring basis throughout the approved Fiscal Year 2023 Budget and Financial Plan, in an amount of up to $400,000, to provide resources for advocacy and education and the facilitation of networking opportunities.
"(2) By November 1, 2024, a grantee who has received a grant pursuant to paragraph (1)(A) of this subsection shall submit to the Deputy Mayor and the Council information on the use of the grant funds, including a description of the mobile application and website platform.
"(3)(A) A grantee who has received a grant pursuant to paragraph (1)(B) of this subsection shall provide to the Deputy Mayor an annual report on the use of grant funds, including a description of the services provided through the grant funds.
"(B) The Deputy Mayor shall provide to the Council an annual report based on the information required by subparagraph (A) of this paragraph, along with a summary analysis of the efficacy and benefits of services provided by the grantee.
"(bb)(1) Notwithstanding
"(2) A grantee who has received a grant pursuant to paragraph (1) of this subsection shall provide to the Deputy Mayor an annual report on the use of the grant funds, including a description of services provided through the grant funds.
"(3) The Deputy Mayor shall provide to the Council an annual report based on the information required by paragraph (2) of this subsection, along with a summary analysis of the efficacy and benefits of services provided by the grantee.".
Sec. 2033. Section 2163 of the Equitable Impact Assistance for Local Businesses Act of 2020, effective December 3, 2020 (D.C. Law 23-149; D.C. Official Code § 2-281.02), is amended as follows:
(a) Paragraph (3) is amended by striking the phrase "The Deputy Mayor for Planning and Economic Development shall" and inserting the phrase "The Deputy Mayor for Planning and Economic Development ("Deputy Mayor") shall" in its place.
(b) A new paragraph (4) is added to read as follows:
"(4) Notwithstanding
Sec. 2034. Applicability.
Section 2033 shall apply as of June 1, 2022.
SUBTITLE E. CENTRAL FOOD PROCESSING FACILITY SITING AND FEASABILITY STUDY
Sec. 2041. Short title.
This subtitle may be cited as the "Central Food Processing Facility Siting and Feasibility Study Emergency Act of 2022".
Sec. 2042. Siting and feasibility study.
In Fiscal Year 2023, the Office of Planning ("OP") shall oversee the execution of a siting and feasibility study for a central food processing facility ("CFPF") in the District. The study shall be administered by OP but conducted jointly by OP, the District of Columbia Public Schools ("DCPS"), and the Department of General Services. The study shall include:
(1) A comprehensive business plan for the development and operation of a CFPF, which assesses the cost, return on investment, and revenue generation potential of a CFPF, and incorporates the following:
(A) An analysis of the needs of a CFPF to support DCPS in transitioning to in-house food services;
(B) An analysis of the scale of demand for food businesses to use incubator and cold or dry storage space;
(C) A determination of which agency will manage a CFPF; and
(D) A list of possible aligned partners, both locally and regionally, that may be able to provide economic supports for revenue generation and purchasing;
(2) A description of a location for a CFPF, along with any land use and zoning requirements or considerations; and
(3) A description of any transportation and environmental impact studies that would have to be completed.
SUBTITLE F. DSLBD GRANTS
Sec. 2051. Short title.
This subtitle may be cited as the "Department of Small and Local Business Development Grant Emergency Act of 2022".
Sec. 2052. By October 31, 2022, the Department of Small and Local Business Development shall award a grant in the amount of $180,000 to an organization responsible for maintaining a Main Street corridor in Ward 1 to hire 2 full-time positions to provide direct support, relationship development, and resource brokering to individuals who spend time near the Columbia Heights Civic Plaza and at the intersection of Mount Pleasant Street, N.
W., and Kenyon Street, N.W.
Sec. 2053. Notwithstanding the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), in Fiscal Year 2023 the Department of Small and Local Business Development shall award:
(1) By October 31, 2022, a grant in the amount of $150,000 to the Friendship Heights Alliance to engage in placemaking, place management, branding, and economic development of the Friendship Heights neighborhood;
(2) By October 31, 2022, a grant in the amount of $250,000 to District Bridges to assist businesses and coordinate community-driven revitalization efforts in portions of Ward 3 that are outside of existing Main Streets Programs; and
(3) By October 31, 2022, a grant in the amount of $100,000 to the VIVA School to support its operating costs.
SUBTITLE G. HOME PURCHASE ASSISTANCE PROGRAM
Sec. 2061. Short title.
This subtitle may be cited as the "Home Purchase Assistance Program Emergency Amendment Act of 2022".
Sec. 2062. The Home Purchase Assistance Fund Act of 1978, effective September 12, 1978 (D.C. Law 2-103; D.C. Official Code § 42-2601 et seq.), is amended as follows:
(a) Section 3a (D.C. Official Code § 42-2602.01) is amended as follows:
(1) Subsection (a)(2) is amended to read as follows:
"(2) The maximum amount of financial assistance for very low income applicants available under the Program shall be $202,000, and shall be adjusted based on the applicant's income according to 14 DCMR § 2503.1(b)(1); provided, that no qualifying applicant shall receive less than $70,000. For purposes of this paragraph, the term "very low income" shall have the same meaning as set forth in 14 DCMR § 2599.1.".
(2) New subsections (c), (d), (e), (f), and (g) are added to read as follows:
"(c)(1) Financial assistance provided pursuant to subsection (a)(2) of this section may be used for purposes of a mortgage rate buydown if an applicant meets other Program criteria, regardless of whether the qualifying applicant is required to provide a down payment on the home the applicant intends to purchase.
"(2) If there are no closing costs associated with the purchase of the home the applicant intends to purchase, a qualifying applicant shall receive the full amount of Program funding available to the applicant, inclusive of any funding initially set aside for closing costs, which may be used for purposes of a down payment or a mortgage rate buydown.
"(d)(1) No later than April 1, 2023, the Mayor shall establish a grant program that provides qualifying applicants up to $25,000 for repairs on a home purchased with Program financial assistance that are identified by a certified home inspector in writing.
"(2) Grant funds disbursed to a qualifying applicant pursuant to the program established by paragraph (1) of this subsection shall be in addition to financial assistance provided to a qualifying applicant for purposes of a down payment or mortgage rate buydown on the home the applicant intends to purchase.
"(e)(1)(A) At the beginning of each quarter in a fiscal year, funds necessary to administer the Program and provide financial assistance to qualifying applicants shall be disbursed to a grantee who has an agreement or contract with the District to administer the Program.
"(B) If there is more than one grantee with a contract agreement or contract with the District to administer the Program, funds shall be disbursed evenly among the grantees.
"(C) The amount of funds disbursed to a grantee shall be determined by the Mayor.
"(2)(A) Within 15 days of a settlement on a loan for a qualifying applicant, a grantee shall submit any information and documentation considered necessary by the Mayor to verify compliance with Program requirements and any other applicable laws or regulations.
"(B) The Mayor may determine corrective actions or penalties for non-compliance.
"(3) This subsection shall not apply to any District agencies providing financial assistance to qualifying applicants directly.
"(f)(1) The Mayor, pursuant to
"(2) Proposed rules promulgated pursuant to paragraph (1) of this subsection 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 period, the proposed rules shall be deemed to be approved.
"(g) For purposes of this section, the term "qualifying applicant" means an applicant who has been approved to receive financial assistance through the Program for purposes of a down payment or a mortgage rate buydown.".
(b) Section 5 (D.C. Official Code § 42-2604) is amended by adding a new subsection (c) to read as follows:
"(c)(1) No later than 120 days after October 1, 2022, the Mayor shall issue updated rules that will allow organizations that meet the following criteria to provide homebuyer education and counseling and to underwrite eligibility for the Home Purchase Assistance Program:
"(A) The organization is approved by the United States Department of Housing and Urban Development to provide housing counseling services, including homebuyer education workshops, pre-purchase counseling, and financial management.
"(B) The organization provides access to below market, fixed-rate mortgages with no down payment or closing costs.
"(2) The rules shall require any such organizations to provide closing disclosure verifying the mortgage and use of any Home Purchase Assistance Program funds.".
SUBTITLE H. EAST END GROCERY INCENTIVE PROGRAM
Sec. 2071. Short title.
This subtitle may be cited as the "East End Grocery Incentive Emergency Amendment Act of 2022".
Sec. 2072. Section 3(e) of the East End Grocery Incentive Act of 2018, effective April 11, 2019 (D.C. Law 22-284, D.C. Official Code § 2-1212.72(e)), is amended as follows:
(a) Paragraph (8) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(b) Paragraph (9) is amended by striking the period and inserting the phrase "; and" in its place.
(c) A new paragraph (10) is added to read as follows:
"(10) Deanwood Metro Station Parking Lot.".
SUBTITLE I. UNION STATION EXPANSION PROJECT DELIVERY AND GOVERNANCE STUDY
Sec. 2081. Short title.
This subtitle may be cited as the "Union Station Expansion Project Delivery and Governance Study Grant Emergency Act of 2022".
Sec. 2082. (a) Notwithstanding the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), in Fiscal Year 2023, the Office of Planning shall award a grant of not less than $1 million to InfrastructureDC for the purpose of partnering with local, regional, and federal stakeholders to conduct a project delivery and governance study for the implementation of the Union Station Expansion Project ("SEP").
(b) The study shall include recommendations for:
(1) A preferred organizational structure for executing the SEP, including roles, responsibilities, and resources for implementation and organizational capacity requirements for each entity to fulfill its role;
(2) The legal, legislative, and financial steps necessary to enable, establish, and resource the recommended organizational structure; and
(3) A high-level financial and business plan for the execution of the SEP.
(c) A grant awarded pursuant to this section shall be in addition to any other grant awarded by the District for work related to the SEP.
SUBTITLE J. FOOD POLICY COUNCIL GRANT-MAKING AUTHORITY AND AMENDMENTS
Sec. 2091. Short title.
This subtitle may be cited as the "Food Policy Council Emergency Amendment Act of 2022".
Sec. 2092. The Food Policy Council and Director Establishment Act of 2014, effective March 10, 2015 (D.C. Law 20-191; D.C. Official Code § 48-311 et seq.), is amended as follows:
(a) Section 4 (D.C. Official Code § 48-313) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Strike the phrase "13 voting members" and insert the phrase "12 public members" in its place.
(B) Strike the phrase ", one of whom shall be the Food Policy Director appointed pursuant to section 5(a)." and insert a period in its place.
(2) Subsection (b) is amended by striking the phrase "Voting members" and inserting the phrase "Public members" in its place.
(3) Subsection (d) is amended to read as follows:
"(d) Public members shall be evenly divided into at least 4 working groups to address prominent food policy topics. Each working group may include between 4 to 8 additional members of the public named by the public members with recognized expertise in the working group's policy area. The working groups shall make recommendations for food policy to the Food Policy Council to be included in the annual report. Topics covered by the working groups may include:
"(1) Entrepreneurship and Food Jobs;
"(2) Food Equity and Access;
"(3) Nutrition and Health;
"(4) Sustainable Supply Chain;
"(5) Urban Agriculture; and
"(6) Climate and Resiliency.".
(4) Subsection (e) is amended to read as follows:
"(e) Members shall elect a chairperson of the Food Policy Council. The chairperson shall name public members to working groups.".
(5) Subsection (g) is amended by striking the phrase "the voting members" and inserting the phrase "members" in its place.
(6) Subsection (h) is amended as follows:
(A) The lead-in language is amended by striking the phrase "nonvoting members" and inserting the word "members" in its place.
(B) Paragraph (9) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(C) Paragraph (10) is amended by striking the period and inserting a semicolon in its place.
(D) New paragraphs (11) and (12) are added to read as follows:
"(11) District of Columbia Public Schools; and
"(12) Department of Small and Local Business Development.".
(7) Subsection (i) is amended by striking the phrase "meet with the Food Policy Director and the Food Policy Council at least quarterly each year" and inserting the phrase "attend the Food Policy Council meetings" in its place.
(8) A new subsection (j) is added to read as follows:
"(j) The public members appointed pursuant to subsection (a) of this section, the ex officio members described in subsection (h) of this section, and the Food Policy Director appointed pursuant to
(b) A new section 5a is added to read as follows:
"Sec. 5a. Grant-making authority.
"The Director of the Office of Planning shall have grant-making authority for the purpose of food policy development and implementation.".
Sec. 2093. Section 1108(c-2) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-611.08(c-2)), is amended as follows:
(a) Paragraph (5) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(b) A new paragraph (7) is added to read as follows:
"(7) Each member of the Food Policy Council ("FPC") appointed pursuant to
SUBTITLE K. HOUSING PRODUCTION TRUST FUND ACCOUNTABILITY AND TRANSPARENCY
Sec. 2101. Short title.
This subtitle may be cited as the "Housing Production Trust Fund Accountability and Transparency Emergency Amendment Act of 2022".
Sec. 2102. The Housing Production Trust Fund Act of 1989, effective March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2801 et seq.), is amended as follows:
(a) Section 3 (D.C. Official Code § 42-2802) is amended as follows:
(1) Subsection (b-1) is amended as follows:
(A) Paragraph (1) is amended as follows:
(i) Strike the word "disbursed" and insert the phrase "obligated to new projects for a future expenditure" in its place.
(ii) Strike the word "may" and insert the word "shall" in its place.
(iii) Strike the phrase "4th quarter" and insert the phrase "last day of the 3rd quarter" in its place.
(B) Paragraph (2) is amended as follows:
(i) Strike the word "disbursed" and insert the phrase "obligated to new projects for a future expenditure" in its place.
(ii) Strike the word "may" and insert the word "shall" in its place.
(iii) Strike the phrase "4th quarter" and insert the phrase "last day of the 3rd quarter" in its place.
(C) Paragraph (3) is amended as follows:
(i) Strike the word "disbursed" and insert the phrase "obligated to new projects for a future expenditure" in its place.
(ii) Strike the word "may" and insert the word "shall" in its place.
(iii) Strike the phrase "in the 3rd quarter" and insert the phrase "by the last day of the 3rd quarter" in its place.
(2) Subsection (d) is amended as follows:
(A) Paragraph (7) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(B) Paragraph (8) is amended by striking the period and inserting the phrase "; and" in its place.
(C) A new paragraph (9) is added to read as follows:
"(9) Within 10 business of written notification to the selected applicants that one or more proposals received in response to a Request for Proposals ("RFP") has been selected for further underwriting to produce new affordable housing or to preserve existing affordable housing, the Department shall release to the Council:
"(A) A written report that provides aggregated information on the affordable housing units that would be produced or preserved from all proposals that met the Department's minimum requirements, including the number of housing units proposed in the following categories:
| Affordability Level | Total Number of Proposed Units | |
| Selected Project Proposals | All Project Proposals that Met Minimum Requirements | |
| Extremely low income | ||
| Very low income | ||
| Low income | ||
| Total Affordable Units | ||
"(B) The total number of project proposals received;
"(C) The total number of project proposals that met the Department's minimum requirements;
"(D) For the project proposals selected for further underwriting by the Department, the:
"(i) Names of all corporate entities and related principals with a proposed ownership interest in the project's ownership entity that are known at the time of the application;
"(ii) Funding amount requested for each project;
"(iii) Percentage contribution of the Fund amount compared to the project's total funding sources;
"(iv) Total number of affordable housing units per project proposal;
"(v) Number of extremely low-income housing units per project proposal, the number of very low-income housing units per project proposal, the number of low-income housing units per project proposal, and the amount of Local Rent Supplement assistance proposed for the project;
"(E) The median for any score derived from the criteria outlined in the RFP used to rank projects that met the Department's minimum requirements; and
"(F) A written rationale for the selection of each project ultimately selected by the Department for further underwriting, including any score derived from the criteria outlined in the RFP used to rank projects, and an explanation of any cause for a deviation in the final selections announced by the Department from the ranking based on the criteria outlined in the RFP alone, including distribution of housing units in planning areas with unmet affordability needs and the efficient utilization of available funding sources.".
(b) Section 4a (D.C. Official Code § 42-2803.01) is amended as follows:
(1) Paragraph (1) is amended by striking the phrase "fiscal year" and inserting the phrase "prior fiscal year" in its place.
(2) Paragraph (2) is amended by striking the phrase "made during the" and inserting the phrase "legally obligated during the prior" in its place.
(3) Paragraph (3) is amended by striking the word "expenditures" and inserting the phrase "legal obligations" in its place.
(4) Paragraph (4) is amended as follows:
(A) The lead-in language is amended by striking the word "expended" and inserting the phrase "legally obligated" in its place.
(B) Subparagraph (B) is amended by striking the phrase "expended on" and inserting the phrase "legally obligated to" in its place.
(C) Subparagraph (C) is amended by striking the phrase "expended was" and inserting the phrase "was legally obligated" in its place.
(5) Paragraph (5) is amended by striking the phrase "expended on" and inserting the phrase "legally obligated to" in its place.
(6) Paragraph (6) is amended by striking the phrase "expended on" and inserting the phrase "legally obligated to" in its place.
(7) Paragraph (7) is amended by striking the phrase "expended on" and inserting the phrase "legally obligated to" in its place.
(8) Paragraph (8) is amended by striking the phrase "expended on" and inserting the phrase "legally obligated to" in its place.
(9) Paragraph (9) is amended by striking the phrase "expended on" and inserting the phrase "legally obligated to" in its place.
(10) Paragraph (11) is amended by striking the phrase "fiscal year" and inserting the phrase "prior fiscal year" in its place.
SUBTITLE L. ARTS AND HUMANITIES GRANT FUNDING
Sec. 2111. Short title.
This subtitle may be cited as the "Arts and Humanities Grant Funding Emergency Amendment Act of 2022".
Sec. 2112. Section 6(c-1)(2)(A) of the Commission on the Arts and Humanities Act, effective October 21, 1975 (D.C. Law 1-22; D.C. Official Code § 39-205(c-1)(2)(A)), is amended by striking the phrase "Fiscal Years 2021 and 2022" and inserting the phrase "Fiscal Years 2021, 2022, and 2023" in its place.
SUBTITLE M. TOPA STUDY TIMELINE EXTENSION
Sec. 2121. Short title.
This subtitle may be cited as the "TOPA Study Timeline Extension Emergency Amendment Act of 2022".
Sec. 2122. Section 2172 of the Coalition for Non-Profit Housing and Economic Development TOPA Study and Grant Act of 2021, effective November 13, 2021 (D.C. Law 24-45; 68 DCR 10163), is amended by striking the phrase "to the Council by September 30, 2022" and inserting the phrase "to the Council by June 30, 2023" in its place.
SUBTITLE N. KEY BRIDGE EXXON PROPERTY EMINENT DOMAIN AUTHORITY
Sec. 2131. Short title.
This subtitle may be cited as the "Key Bridge Exxon Property Eminent Domain Authority Emergency Act of 2022".
Sec. 2132. Findings.
The Council finds that:
(1) Climate change poses an existential threat to District of Columbia residents and threatens to deepen the health and wealth inequalities in the District of Columbia.
(2) The District of Columbia has bold goals and laws to address climate change, including transit equity and a Renewable Portfolio Standard that requires electricity suppliers to buy 100% of power from renewable sources by 2032.
(3) Georgetown has few sites available to address transit equity, climate change goals, and sustainability.
(4) Georgetown has little affordable housing.
(5) Georgetown is home to 2 of the largest employers in the city––Georgetown University and Georgetown MedStar Hospital.
(6) Georgetown is the largest employment center not accessible by Metro.
(7) The Washington Metro Area Transit Authority has shared 4 possible new routes to relieve congestion at the Rosslyn Metro Station all of which include a stop in Georgetown.
(8) Lots 0064 and 0840 in Square 1202 are the site of a former gas station that is located at the Key Bridge which is one of the main arteries that connects the District of Columbia with Virginia, and as such could serve as an electric vehicle charging station with solar panels installed on top of the station to help the District of Columbia meet climate goals and encourage the electrification of vehicles.
(9) Lots 0064 and 0840 in Square 1202 could serve as a site for an aerial gondola connecting Rosslyn, Virginia and Georgetown, providing an additional transit option for District residents, visitors, and employees of Georgetown University and Georgetown MedStar Hospital, among others.
(10) Lots 0064 and 0840 in Square 1202 could be developed into affordable housing serving a critical need for affordable housing in Georgetown, which has so little.
(11) Lots 0064 and 0840 in Square 1202 could serve as the site of a Metro Station in Georgetown to connect residents with employment in Georgetown and provide greater transit equity.
Sec. 2133. Exercise of eminent domain.
The Mayor may exercise eminent domain in accordance with the procedures set forth in Subchapter II of Chapter 13 of Title 16 of the District of Columbia Official Code to acquire the real property known as the Key Bridge Exxon Property, known for tax and assessment purposes as Lots 0064 and 0840 in Square 1202, in order to achieve the public purposes set forth in section 2132.
SUBTITLE O. REOPEN WASHINGTON DC
Sec. 2141. Short title.
This subtitle may be cited as the "Reopen Washington DC Emergency Amendment Act of 2022".
Sec. 2142. The Reopen Washington DC Alcoholic Beverage Regulation Amendment Act of 2022, enacted on May 9, 2022 (D.C. Act 24-410; 69 DCR 5071), is amended as follows:
(a) Amendatory section 25-112(i)(1) of the D.C. Official Code in section 2(a)(3) is amended by striking the phrase "either Ward 7 or Ward 8" both times it appears and inserting the phrase "Ward 7, Ward 8, Ward 5 if located in a Qualified Supermarket Tax Incentive Area, as defined in § 47-3801, or Ward 6 if located in an area bounded by a line beginning at the intersection of 1st Street, S.W., and M Street, S.W., continuing east along M Street, S.W., to South Capitol Street, S.W., then continuing south along South Capitol Street, S.W., to the Anacostia River, then continuing along the northern bank of the Anacostia River to 2nd Street, S.W., then continuing north along 2nd Street, S.W., to the intersection of 2nd Street, S.W., and Canal Street, S.W., then continuing northeast long Canal Street, S.W., to the intersection of Canal Street, S.W., and N Street, S.W., then continuing east along N Street, S.W., to the intersection of N Street, S.W., and 1st Street, S.W., then continuing north 1st Street, S.W., to the intersection of 1st Street, S.W., and M Street, S.W." in its place.
(b) Amendatory section 25-303(c-2) of the D.C. Official Code in section 2(c)(1)(C) is amended as follows:
(1) Amendatory paragraph (1) is amended by striking the phrase "either Ward 7 or Ward 8" and inserting the phrase "Ward 7, Ward 8, Ward 5 if located in a Qualified Supermarket Tax Incentive Area, as defined in § 47-3801, or Ward 6 if located in an area bounded by a line beginning at the intersection of 1st Street, S.W., and M Street, S.W., continuing east along M Street, S.W., to South Capitol Street, S.W., then continuing south along South Capitol Street, S.W., to the Anacostia River, then continuing along the northern bank of the Anacostia River to 2nd Street, S.W., then continuing north along 2nd Street, S.W., to the intersection of 2nd Street, S.W., and Canal Street, S.W., then continuing northeast long Canal Street, S.W., to the intersection of Canal Street, S.W., and N Street, S.W., then continuing east along N Street, S.W., to the intersection of N Street, S.W., and 1st Street, S.W., then continuing north 1st Street, S.W., to the intersection of 1st Street, S.W., and M Street, S.W." in its place.
(2) Amendatory paragraph (2) is amended by striking the phrase "either Ward 7 or Ward 8" and inserting the phrase "Ward 7, Ward 8, Ward 5 if located in a Qualified Supermarket Tax Incentive Area, as defined in § 47-3801, or Ward 6 if located in an area bounded by a line beginning at the intersection of 1st Street, S.W., and M Street, S.W., continuing east along M Street, S.W., to South Capitol Street, S.W., then continuing south along South Capitol Street, S.W., to the Anacostia River, then continuing along the northern bank of the Anacostia River to 2nd Street, S.W., then continuing north along 2nd Street, S.W., to the intersection of 2nd Street, S.W., and Canal Street, S.W., then continuing northeast long Canal Street, S.W., to the intersection of Canal Street, S.W., and N Street, S.W., then continuing east along N Street, S.W., to the intersection of N Street, S.W., and 1st Street, S.W., then continuing north 1st Street, S.W., to the intersection of 1st Street, S.W., and M Street, S.W." in its place.
(c) Amendatory section 25-333(c-2) of the D.C. Official Code in section 2(c)(4)(A) is amended as follows:
(1) Amendatory paragraph (1) is amended by striking the phrase "either Ward 7 or 8" and inserting the phrase "Ward 7, Ward 8, Ward 5 if located in a Qualified Supermarket Tax Incentive Area, as defined in § 47-3801, or Ward 6 if located in an area bounded by a line beginning at the intersection of 1st Street, S.W., and M Street, S.W., continuing east along M Street, S.W., to South Capitol Street, S.W., then continuing south along South Capitol Street, S.W., to the Anacostia River, then continuing along the northern bank of the Anacostia River to 2nd Street, S.W., then continuing north along 2nd Street, S.W., to the intersection of 2nd Street, S.W., and Canal Street, S.W., then continuing northeast long Canal Street, S.W., to the intersection of Canal Street, S.W., and N Street, S.W., then continuing east along N Street, S.W., to the intersection of N Street, S.W., and 1st Street, S.W., then continuing north 1st Street, S.W., to the intersection of 1st Street, S.W., and M Street, S.W." in its place.
(2) Amendatory paragraph (2) is amended by striking the phrase "either Ward 7 or 8" and inserting the phrase "Ward 7, Ward 8, Ward 5 if located in a Qualified Supermarket Tax Incentive Area, as defined in § 47-3801, or Ward 6 if located in an area bounded by a line beginning at the intersection of 1st Street, S.W., and M Street, S.W., continuing east along M Street, S.W., to South Capitol Street, S.W., then continuing south along South Capitol Street, S.W., to the Anacostia River, then continuing along the northern bank of the Anacostia River to 2nd Street, S.W., then continuing north along 2nd Street, S.W., to the intersection of 2nd Street, S.W., and Canal Street, S.W., then continuing northeast long Canal Street, S.W., to the intersection of Canal Street, S.W., and N Street, S.W., then continuing east along N Street, S.W., to the intersection of N Street, S.W., and 1st Street, S.W., then continuing north 1st Street, S.W., to the intersection of 1st Street, S.W., and M Street, S.W." in its place.
(d) Amendatory section 25-333(f)(1)(A) of the D.C. Official Code in section 2(c)(4)(B) is amended by striking the phrase "either Ward 7 or 8" and inserting the phrase "Ward 7, Ward 8, Ward 5 if located in a Qualified Supermarket Tax Incentive Area, as defined in § 47-3801, or Ward 6 if located in an area bounded by a line beginning at the intersection of 1st Street, S.W., and M Street, S.W., continuing east along M Street, S.W., to South Capitol Street, S.W., then continuing south along South Capitol Street, S.W., to the Anacostia River, then continuing along the northern bank of the Anacostia River to 2nd Street, S.W., then continuing north along 2nd Street, S.W., to the intersection of 2nd Street, S.W., and Canal Street, S.W., then continuing northeast long Canal Street, S.W., to the intersection of Canal Street, S.W., and N Street, S.W., then continuing east along N Street, S.W., to the intersection of N Street, S.W., and 1st Street, S.W., then continuing north 1st Street, S.W., to the intersection of 1st Street, S.W., and M Street, S.W." in its place.
SUBTITLE P. EDUCATORS HOUSING INCENTIVE
Sec. 2151. Short title.
This subtitle may be cited as the "Educators Housing Incentive Emergency Amendment Act of 2022".
Sec. 2152. The Government Employer-Assisted Housing Amendment Act of 1999, effective May 9, 2000 (D.C. Law 13-96; D.C. Official Code § 42-2501 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 42-2501) is amended as follows:
(1) Paragraph (4A) is redesignated as paragraph (4B).
(2) A new paragraph (4A) is added to read as follows:
"(4A) "Educator" means:
"(A) A principal, assistant principal, school teacher or instructor, assistant teacher, or a paraprofessional who is employed by or has accepted an offer of employment with the District of Columbia Public Schools or a District of Columbia public charter school; or
"(B) An employee working as a full-time professor or instructor at the University of the District of Columbia;".
(b) Section 3 (D.C. Official Code § 42-2502) is amended as follows:
(1) The lead-in language is amended by striking the phrase "government employees" and inserting the phrase "government employees and educators" in its place.
(2) Paragraph (4) is amended by striking the phrase "first-responders" and inserting the phrase "first-responders or educators" in its place.
(c) Section 4 (D.C. Official Code § 42-2503) is amended as follows:
(1) Subsection (a)(1) is amended to read as follows:
"(1) A District of Columbia government employee, a first-responder, or an educator; and".
(2) Subsection (c) is amended as follows:
(A) Strike the phrase "public school teacher, or a teacher at a District of Columbia public charter school" and insert the phrase "or educator" in its place.
(B) Strike the phrase "with the District of Columbia or a District of Columbia public charter school" and insert the phrase "with the District of Columbia or as an educator" in its place.
(d) Section 5 (D.C. Official Code § 42-2504) is amended as follows:
(1) The section heading is amended by striking the phrase "Employee savings" and inserting the phrase "Employee and educator savings" in its place.
(2) Subsection (a)(1) is amended by striking the phrase "by the employee" and inserting the phrase "by the employee or educator" in its place.
(3) Subsection (b-1) is amended by striking the term "first-responder" wherever it appears and inserting the phrase "first-responder or educator" in its place.
(e) Section 6a (D.C. Official Code § 42-2505.01) is amended as follows:
(1) The section heading is amended to read "First-responder and educator grant."
(2) Subsection (a) is amended by striking the word "first-responder" and inserting the phrase "first-responder or educator" in its place.
(3) Subsection (b) is amended as follows:
(A) Strike the word "first-responder" both times it appears and insert the phrase "first-responder or educator" in its place.
(B) Strike the phrase "not yet a District employee" and insert the phrase "not yet a District employee or employee of a District public charter school" in its place.
(C) Strike the word "first-responder's" and insert the phrase "first-responder's or educator's" in its place.
(D) Strike the phrase "with the District" and insert the phrase "with the District or with a District public charter school" in its place.
(4) Subsection (c) is amended as follows:
(A) Paragraph (1) is amended by striking the word "first-responder" and inserting the phrase "first-responder or educator" in its place.
(B) Paragraph (2) is amended by striking the word "first-responder" and inserting the phrase "first-responder or educator" in its place.
(5) A new subsection (d) is added to read as follows:
"(d) For the purposes of this section, the term "service obligation" means employment as a first-responder or educator.".
(f) Section 7 (D.C. Official Code § 42-2506) is amended as follows:
(1) The section heading is amended by striking the phrase "District government and public charter school employees" and inserting the phrase "educators" in its place.
(2) Subsection (a) is amended as follows:
(A) The lead-in language is amended as follows:
(i) Strike the phrase "a District of Columbia government employee, an employee of a District of Columbia public charter school" and insert the phrase "an educator" in its place.
(ii) Strike the phrase "public school teacher, or a teacher at a District of Columbia public charter school" and insert the phrase "or an educator" in its place.
(B) Paragraph (2) is amended to read as follows:
"(2) A $2,000 income tax credit in the tax year the District of Columbia government employee, educator, or person who has accepted an offer to be a District of Columbia police officer, firefighter, emergency medical technician, or educator purchases the housing unit and each of the 4 immediately succeeding tax years; provided, that the District of Columbia government employee, educator, or person who has accepted an offer to be a District of Columbia police officer, firefighter, emergency medical technician, or educator remains eligible for the tax credit. The credit shall not be prorated and any portion of the credit that is not utilized in a tax year shall not be carried forward, carried back, or refunded to the District of Columbia government employee, educator, or person who has accepted an offer to be a District of Columbia police officer, firefighter, emergency medical technician, or educator.".
TITLE III. PUBLIC SAFETY AND JUSTICE
SUBTITLE A. AUTOMATED DEFIBRILLATOR INCENTIVES
Sec. 3001. Short title.
This subtitle may be cited as the "Automated External Defibrillator Incentive Program Emergency Amendment Act of 2022".
Sec. 3002. The Public Access to Automated External Defibrillator Act of 2000, effective April 27, 2001 (D.C. Law 13-278; D.C. Official Code § 7-2371.01 et seq.), is amended as follows:
(a) Section 3 (D.C. Official Code § 7-2371.02) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (2) is amended by striking the semicolon and inserting the phrase "; and" in its place.
(B) Paragraph (3) is repealed.
(C) Paragraph (4) is amended to read as follows:
"(4) Any person who uses an AED to provide emergency care or treatment on a person in cardiac arrest shall call 9-1-1 as soon as possible.".
(2) A new subsection (b-1) is added to read as follows:
"(b-1) The Department shall:
"(1) Oversee all efforts to improve and maintain access by the public to AEDs, including by setting AED deployment strategies and liaising with District government agencies; and
"(2) Review each case in which an AED is used.".
(3) Subsection (c) is amended by striking the phrase "Chief of the Fire and Emergency Medical Services Department ("Chief of the Department") or his or her designee" and inserting the phrase "Chief of the Department, or the Chief's designee," in its place.
(b) A new section 5a is added to read as follows:
"Sec. 5a. Automated external defibrillator incentive program.
"(a) The Mayor may issue rebates to a property owner or lessee of a building in the District who, after October 1, 2022:
"(1) Purchases and installs an AED in a publicly accessible location in the interior of a building owned or leased by the property owner or lessee, respectively, within 150 feet from the building's entrance;
"(2) Registers the AED with the Fire and Emergency Medical Services Department;
"(3) Submits a rebate claim that includes such information and documentation as may be required by the Mayor; and
"(4) Meets any additional requirements and criteria established by rules issued by the Mayor pursuant to
"(b)(1) The rebates issued pursuant to subsection (a) of this section shall not exceed $400 for each AED installed in a building, with a maximum rebate of up to $750 per building.
"(2) Notwithstanding paragraph (1) of this subsection, the amount of a rebate shall not exceed the purchase price of the AED.
"(c) Rebates issued pursuant to this section shall:
"(1) Be contingent upon the availability of funds; and
"(2) Not be considered income for purposes of District income tax.".
SUBTITLE B. EMERGENCY MEDICAL SERVICES TRANSPORT
Sec. 3011. Short title.
This subtitle may be cited as the "Emergency Medical Services Transport Contracts Emergency Amendment Act of 2022".
Sec. 3012. Section 1 of An Act To classify the officers and members of the fire department of the District of Columbia, and for other purposes, approved June 20, 1906 (34 Stat. 314; D.C. Official Code § 5-401), is amended as follows:
(a) Subsection (d) is amended as follows:
(1) The lead-in language is amended by striking the phrase "a biannual" and inserting the phrase "an annual" in its place.
(2) Paragraph (3) is repealed.
(3) Paragraph (5) is repealed.
(4) Paragraph (6) is repealed.
(5) Paragraph (7) is amended to read as follows:
"(7) The range of third-party contractor ambulances available for Department use throughout a 24-hour period;".
(6) Paragraph (9) is amended by striking the semicolon and inserting the phrase "; and" in its place.
(7) Paragraph (10) is amended by striking the semicolon and inserting a period in its place.
(8) Paragraph (11) is repealed.
(9) Paragraph (12) is repealed.
(b) Subsection (e) is repealed.
(c) A new subsection (e-1) is added to read as follows:
"(e-1) No later than January 31 of each year, the Mayor shall provide to the Council a report that includes the following information for the previous fiscal year:
"(1) The number of calls dispatched;
"(2) The number of patients transported via Department Basic Life Support, Advanced Life Support, and by the third-party contractor;
"(3) The average hospital drop time per month that the Department's and the third-party contractor's ambulances remained out of service while waiting to transfer the care of a patient to a healthcare facility;
"(4) The number of patients who used the Department's transport service twice or more during the reporting period, including the number of times the patient used transport services during the previous 12 months;
"(5) The number of total in-service training hours provided to Department uniformed employees;
"(6) In-service time or uptime data for Department ambulances, engines, and ladder trucks;
"(7) Aggregate Department response time data;
"(8) Aggregate patient care and outcomes data;
"(9) Changes to protocols or policies to reroute non-emergency calls;
"(10) An assessment of the number of units, the number of personnel, the amount of training, and associated costs required to provide pre-hospital medical care and transportation without the use of third parties; and
"(11) Other key performance indicators and workload measures as appropriate.".
(d) Subsection (f) is repealed.
(e) Subsection (g) is repealed.
(f) Subsection (h) is amended as follows:
(1) Paragraph (1) is redesignated as paragraph (1A).
(2) A new paragraph (1) is added to read as follows:
"(1) "Advanced life support" means a level of medical care provided by pre-hospital emergency medical services at the paramedic level and in accordance with the national scope of practice for an advanced level provider.".
Sec. 3013. Section 3073 of the Emergency Medical Services Transport Contract Authority Amendment Act of 2016, effective October 8, 2016 (D.C. Law 21-160; 63 DCR 10775), is repealed.
SUBTITLE C. OFFICE OF VICTIM SERVICES AND JUSTICE GRANTS TRANSPARENCY
Sec. 3021. Short title.
This subtitle may be cited as the "Office of Victim Services and Justice Grants Transparency Emergency Act of 2022".
Sec. 3022. Office of Victim Services and Justice Grants transparency.
(a) Beginning on September 30, 2022, and every 6 months thereafter, the Office of Victim Services and Justice Grants ("OVSJG") shall publish the following information, for the current fiscal year, on its website:
(1) For all grants or sub-grants awarded to or received by OVSJG:
(A) The funding source and amount received;
(B) The date the grant or sub-grant was awarded or received;
(C) The duration of the grant or sub-grant;
(D) A description of the permissible uses of, or restrictions on, the grant or sub-grant and the source of those uses or restrictions; and
(E) The remaining balance of the grant or sub-grant.
(2) For all grants or subgrants awarded by OVSJG:
(A) The name of the grantee or sub-grantee to whom the grant or sub-grant was awarded;
(B) The funding source and amount awarded;
(C) The date the grant or sub-grant was awarded;
(D) The duration of the grant or sub-grant; and
(E) A description of the permissible uses of, or restrictions on, the grant or sub-grant and the source of those uses or restrictions.
(b) The Mayor shall, when submitting to the Council an annual budget for the District of Columbia government as described in
(1) The agency's grantmaking priorities for the proposed budget;
(2) For the Victim Services division, anticipated grant funds budgeted for each agency grantmaking priority within the division, including:
(A) Implementation of the Sexual Assault Victims' Rights Act of 2014, effective November 20, 2014 (D.C. Law 20-139; 61 DCR 5913);
(B) The housing continuum of care for victims of crime, including emergency shelters, short-term housing, and transitional housing, broken down by whether the funding or housing is tied to specific:
(i) Categories of crime, such as domestic violence, sexual violence, human trafficking, or violent crime; or
(ii) Vulnerable populations, such as LGBTQ individuals;
(C) Hospital-based violence intervention programs; and
(D) Non-residential direct services for victims of crime, broken down by whether the funding is tied to specific:
(i) Categories of crime, such as domestic violence, sexual violence, human trafficking, or violent crime; or
(ii) Vulnerable populations, such as LGBTQ individuals;
(3) For the Justice Grants division, anticipated grant funds budgeted for each agency grantmaking priority within the division, including:
(A) The housing continuum of care, including emergency shelters, short-term housing, and transitional housing, for returning citizens or other justice-involved populations; and
(B) Non-residential direct services for returning citizens or other justice-involved populations; and
(4) Anticipated grant funds budgeted for all other agency grantmaking priorities.
SUBTITLE D. OFFICE OF UNIFIED COMMUNICATIONS TELECOMMUNICATOR CPR PROGRAM
Sec. 3031. Short title.
This subtitle may be cited as the "Office of Unified Communications Telecommunicator CPR Program Emergency Amendment Act of 2022".
Sec. 3032. The Office of Unified Communications Establishment Act of 2004, effective December 7, 2004 (D.C. Law 15-205; D.C. Official Code § 1-327.51 et seq.), is amended by adding a new section 3205d to read as follows:
"Sec. 3205d. Telecommunicator cardiopulmonary resuscitation training requirement.
"(a) The Office shall provide training in telecommunicator cardiopulmonary resuscitation ("t-CPR") to all Office call takers and dispatchers.
"(b) The training required pursuant to subsection (a) of this section shall:
"(1) Use protocols and scripts based on evidence-based and nationally recognized guidelines for t-CPR; and
"(2) Include:
"(A) Recognition protocols for out-of-hospital cardiac arrest;
"(B) Compression-only cardiopulmonary resuscitation instructions; and
"(C) Continuing education.
"(c) For the purposes of this section, the terms "telecommunicator cardiopulmonary resuscitation" and "t-CPR" mean the delivery of compression or ventilation instructions to callers who are reporting suspected cases of out-of-hospital cardiac arrest.".
SUBTITLE E. ACCESS TO JUSTICE INITIATIVE
Sec. 3041. Short title.
This subtitle may be cited as the "Access to Justice Initiative Emergency Amendment Act of 2022".
Sec. 3042. The Access to Justice Initiative Establishment Act of 2010, effective September 24, 2010 (D.C. Law 18-223; D.C. Official Code § 4-1701.01 et seq.), is amended as follows:
(a) Section 301(a) (D.C. Official Code § 4-1703.01(a)) is amended by striking the phrase "budget for ATJ." and inserting the phrase "budget for ATJ, shall be nonlapsing, and interest earned by the Bar Foundation on grant funds shall remain available for use by the Bar Foundation for the purposes of the Initiative, without fiscal year limitation, subject to authorization in an approved budget and financial plan." in its place.
(b) Section 401(c)(1) (D.C. Official Code § 4-1704.01(c)(1)) is amended by striking the phrase "subject to authorization by Congress" and inserting the phase "subject to authorization in an approved budget and financial plan" in its place.
(c) Section 403 (D.C. Official Code § 4-1704.03) is amended as follows:
(1) Subsection (a)(4) is amended by striking the phrase "less than "$90,000" and inserting the phrase "less than $100,000" in its place.
(2) Subsection (b) is amended as follows:
(A) Strike the phrase "in his or her" and insert the phrase "in the law student's" in its place.
(B) Strike the phrase "that he or she" and insert the phrase "that the applicant" in its place.
(d) Section 404(c) (D.C. Official Code § 4-1704.04(c)) is amended to read as follows:
"(c) Participants in the LRAP shall not receive loan repayment assistance under the LRAP in excess of $1,000 for a single month; except, that:
"(1) The Office of Victim Services and Justice Grants may by rulemaking increase the award limit established in this subsection to reflect changes in reasonable education expenses; and
"(2) The Bar Foundation may use the funds to repay any or all of the loan principal or interest of those applicants whose loans would not otherwise be eligible for Public Service Loan Forgiveness.".
Sec. 3043. The Expanding Access to Justice Amendment Act of 2017, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 4-1801 et seq.), is amended as follows:
(a) Section 3052 (D.C. Official Code § 4-1801) is amended as follows:
(1) Paragraph (2) is amended to read as follows:
"(2) "Covered proceeding" means an actual or reasonably anticipated administrative or judicial proceeding in the District of Columbia:
"(A) To evict an eligible individual or group;
"(B) To increase an eligible individual's or group's current rent;
"(C) Initiated by an eligible individual or group and relating to the current rent for that eligible individual or group;
"(D) Initiated by an eligible individual or group and relating to one or more housing code violations under Chapters 4 through 9 of Title 14 of the District of Columbia Municipal Regulations (14 DCMR §§ 400 to 999), Title 12-G of the District of Columbia Municipal Regulations (12-G DCMR § 101 et seq.), or
"(E) To terminate an eligible individual from participation in any housing subsidy program; or
"(F) Initiated by an eligible individual or group and relating to the eligible individual's or group's rights under
(2) Paragraph (4) is amended to read as follows:
"(4) "Eligible individual or group" means a:
"(A) Low-income tenant or occupant residing in the District of Columbia; or
"(B) Group of low-income tenants or occupants residing in the District of Columbia; provided, that the majority of the group are low-income tenants or occupants.".
(3) Paragraph (5) is repealed.
(4) Paragraph (8) is repealed.
(b) Section 3053(a) (D.C. Official Code § 4-1802(a)) is amended by striking the phrase "eviction proceedings" and inserting the phrase "covered proceedings" in its place.
(c) Section 3054 (D.C. Official Code § 4-1803) is amended by adding a new subsection (c) to read as follows:
"(c) The Bar Foundation may also award subgrants to nonprofit organizations that are not legal services providers; provided, that the nonprofit organizations apply jointly with legal services providers that meet the qualifications set forth in subsection (a) of this section.".
SUBTITLE F. COMPREHENSIVE COGNITIVE HEALTH TRAINING FOR FIRST RESPONDERS
Sec. 3051. Short title.
This subtitle may be cited as the "Comprehensive Cognitive Health Training for First Responders Emergency Amendment Act of 2022".
Sec. 3052. The Metropolitan Police Department Application, Appointment, and Training Requirements Act of 2000, effective October 4, 2000 (D.C. Law 13-160; D.C. Official Code § 5-107.01 et seq.), is amended as follows:
(a) Section 203 (D.C. Official Code § 5-107.02) is amended by adding a new paragraph (4A) to read as follows:
"(4A) Best practices for identifying, and interacting with individuals living with, Alzheimer's Disease or other dementias, and the risks such individuals face, such as wandering and elder abuse.".
(b) Section 205 (D.C. Official Code § 5-107.04) is amended by adding a new subsection (f-1) to read as follows:
"(f-1) The Board shall develop and operate a training program, in coordination with the Department of Health, the Department of Aging and Community Living, and the Office of the Attorney General, that includes:
"(1) Instruction on best practices for identifying, and interacting with individuals living with, Alzheimer's Disease and other dementias, and the risks such individuals face, such as wandering and elder abuse;
"(2) Initial training, required to be completed after appointment, that covers the following topics:
"(A) Neurological, psychiatric, and behavioral symptoms of Alzheimer's Disease and other dementias;
"(B) Communication issues, including how to communicate respectfully and effectively with individuals living with Alzheimer's Disease or other dementias in order to determine the most appropriate response, and effective communication techniques to enhance collaboration with caregivers;
"(C) Techniques for understanding and approaching behavioral symptoms and identifying alternatives to physical restraints;
"(D) Identifying and reporting incidents of abuse, neglect, and exploitation to Adult Protective Services;
"(E) Protocols for contacting caregivers when an individual living with Alzheimer's Disease or other dementias is found wandering or during emergency or crisis situations; and
"(F) Local caregiving resources that are available for individuals living with Alzheimer's Disease or other dementias; and
"(3) Required continuing education that covers the subjects described in paragraph (2) of this subsection.".
Sec. 3053. Section 202 of the Fire and Emergency Medical Services Department Training Act of 2004, effective September 30, 2004 (D.C. Law 15-194; D.C. Official Code § 5-441), is amended by adding new subsections (d) and (e) to read as follows:
"(d) The Fire Chief, in close coordination with the Medical Director, shall develop and provide for members of the Operations Division instruction on best practices for identifying and interacting with individuals living with Alzheimer's Disease or other dementias, and the risks such individuals face, such as wandering and elder abuse. Such instruction may be inclusive of existing or planned curricula required by licensing or certificating bodies; provided, that the curriculum:
"(1) Requires initial training to be completed after appointment that covers the following topics, including:
"(A) Neurological, psychiatric, and behavioral symptoms of Alzheimer's Disease and other dementias;
"(B) Communication issues, including how to communicate respectfully and effectively with individuals living with Alzheimer's Disease or other dementias in order to determine the most appropriate response, and effective communication techniques to enhance collaboration with caregivers;
"(C) Techniques for understanding and approaching behavioral symptoms and identifying alternatives to physical restraints;
"(D) Identifying and reporting incidents of abuse, neglect, and exploitation to Adult Protective Services;
"(E) Protocols for contacting caregivers when an individual living with Alzheimer's Disease or other dementias is found wandering or during emergency or crisis situations; and
"(F) Local caregiving resources that are available for individuals living with Alzheimer's Disease or other dementias; and
"(2) Requires continuing education covering the subjects described in paragraph (1) of this subsection.
"(e) The Fire Chief, in close coordination with the Medical Director, shall, in developing the curriculum described in subsection (d) of this section, coordinate with the Department of Health, the Department of Aging and Community Living, and the Office of the Attorney General.".
SUBTITLE G. CRIMINAL CODE REFORM COMMISSION
Sec. 3061. Short title.
This subtitle may be cited as the "Criminal Code Reform Commission Emergency Amendment Act of 2022".
Sec. 3062. Section 406(b)(25) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-604.06(b)(25)), is amended to read as follows:
"(25) For the Executive Director of the Criminal Code Reform Commission, the personnel authority is the Chairman of the Council, and for all other employees of the Criminal Code Reform Commission, the personnel authority is the Executive Director of the Criminal Code Reform Commission;".
Sec. 3063. The Criminal Code Reform Commission Establishment Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 3-151 et seq.), is amended as follows:
(a) Section 3122 (D.C. Official Code § 3-151) is amended as follows:
(1) Subsection (a) is amended by striking the phrase "agency within the District of Columbia government, consistent with the meaning of the term "independent agency" as provided in" and inserting the phrase "agency, as that term is defined in" in its place.
(2) Subsection (c) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
"(1) The Executive Director shall be appointed by the Chairman of the Council, in consultation with the chairperson of the Council committee with jurisdiction over the Commission, subject to the approval of a majority of the Council. The Executive Director shall serve for a term of 3 years.".
(B) A new paragraph (3) is added to read as follows:
"(3) The Executive Director shall receive an annual salary consistent with the District of Columbia Government Salary Schedule for Excepted Service (ES) employees, at no lower than Grade 10, exclusive of fringe benefits. The Executive Director serving as of the effective date of the Fiscal Year 2023 Budget Support Emergency Act of 2022, passed on emergency basis on June 7, 2022 (Enrolled version of Bill 24-845), shall receive such salary retroactive to March 26, 2022.".
(3) Subsection (e) is amended to read as follows:
"(e) All employees of the Commission shall be, or shall become no later than 180 days after hire, District residents.".
(b) Section 3123 (D.C. Official Code § 3-152) is amended as follows:
(1) Subsection (d) is amended by striking the phrase "shall provide, upon request by the Council or on its own initiative" and inserting the phrase "shall provide, upon request by the Council, or may provide on its own initiative" in its place.
(2) Subsection (f) is amended to read as follows:
"(f)(1) The Commission may request access to all books, accounts, records, reports, findings, and all other papers, things, or property belonging to or in use by any department, agency, or other instrumentality of the District government that are necessary to fulfill its statutory duties.
"(2) Upon such a request from the Commission, any department, agency, or other instrumentality of the District government shall provide the requested information to the Commission to the extent permitted by law.".
(c) Section 3124 (D.C. Official Code § 3-153) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1) is amended as follows:
(i) Subparagraph (A) is amended by striking the phrase "or his or her" and inserting the phrase "or the United States Attorney's" in its place.
(ii) Subparagraph (B) is amended by striking the phrase "or his or her" and inserting the phrase "or the Director's" in its place.
(iii) Subparagraph (C) is amended by striking the phrase "or his or her" and inserting the phrase "or the Attorney General's" in its place.
(B) Paragraph (2) is amended as follows:
(i) Subparagraph (A) is amended by striking the phrase "or his or her" and inserting the phrase "or the Chairperson's" in its place.
(ii) Subparagraph (B) is amended by striking the phrase "or his or her" and inserting the phrase "or the Deputy Mayor's" in its place.
(2) A new subsection (g) is added to read as follows:
"(g) The Advisory Group shall expire as of March 31, 2021; provided, that nothing shall prohibit the Executive Director from soliciting the assistance of former members of the Advisory Group, or their respective agencies, in fulfilling its ongoing mission.".
(d) Section 3126 (D.C. Official Code § 3-155) is amended as follows:
(1) The section heading is amended by striking the phrase "Code Revision Commission" and inserting the phrase "Code Reform Commission" in its place.
(2) Subsection (a) is amended by striking the phrase "Code Revision Commission" and inserting the phrase "Code Reform Commission" in its place.
(3) Subsection (b) is amended by striking the phrase "Code Revision Commission" and inserting the phrase "Code Reform Commission" in its place.
Sec. 3064. The Criminal Code Reform Commission Executive Director Salary Establishment Temporary Amendment Act of 2022, enacted on May 9, 2022 (D.C. Act 24-408; 69 DCR 5067), is repealed.
Sec. 3065. Applicability.
This subtitle shall apply as of the effective date of this act.
SUBTITLE H. METROPOLITAN POLICE DEPARTMENT TRANSPARENCY
Sec. 3071. Short title.
This subtitle may be cited as the "Metropolitan Police Department Budget and Staffing Transparency Emergency Amendment Act of 2022".
Sec. 3072. Section 386 of the Revised Statutes of the District of Columbia (D.C. Official Code § 5-113.01), is amended as follows:
(a) A section heading is added to read as follows:
"Sec. 386. Records required to be maintained; budget and staffing transparency.
(b) Subsection (a)(4B) is amended as follows:
(1) A new subparagraph (A-i) is added to read as follows:
"(A-i) The bureau, division, unit, and if applicable, police service area, of the officer who conducted the stop, at the time it was conducted;".
(2) Subparagraph (I) is amended by striking the phrase "The gender" and inserting the phrase "The perceived gender" in its place.
(3) Subparagraph (J) is amended by striking the phrase "The race or ethnicity" and inserting the phrase "The perceived race or ethnicity" in its place.
(c) A new subsection (a-1) is added to read as follows:
"(a-1) The records maintained pursuant to subsection (a)(4B) and (4C) of this section shall be published on the Metropolitan Police Department's website biannually.".
(d) A new subsection (c) is added to read as follows:
"(c) The Metropolitan Police Department ("MPD") shall publish the following information on its website:
"(1) Monthly, for the prior 5 fiscal years and the current fiscal year, to date, by month:
"(A) A staffing report of the number of sworn officers and civilian employees employed by MPD, by bureau, division, unit, and, if applicable, police service area and rank, with a crosswalk to compare actual staffing to funded and unfunded full-time equivalents in that bureau, division, unit, and if applicable, police service area and rank; and
"(B) The number of employees that:
"(i) Separated from MPD, by type of separation, broken down by civilian employees, cadets, cadet conversion recruits, non-cadet conversion recruits, officers, and senior police officers; and
"(ii) Were hired by MPD, broken down by civilian employees, cadets, cadet conversion recruits, non-cadet conversion recruits, officers, and senior police officers;
"(2) Annually:
"(A) A listing of all full-time equivalents at MPD, in spreadsheet format, that includes the following fields for each full-time equivalent:
"(i) Position number;
"(ii) Position title;
"(iii) Whether the position is funded or unfunded;
"(iv) Whether the position is filled or vacant;
"(v) Program;
"(vi) Activity;
"(vii) Salary; and
"(viii) Fringe benefits; and
"(B) A report on MPD's overtime spending, which shall include the amount spent fiscal year-to-date, by month, on overtime pay and a description of the staffing plan and conditions justifying the overtime pay; and
"(3) Annually, by the date the annual MPD budget is proposed by the Mayor and transmitted to the Council:
"(A) The approved, revised, and actual MPD budgets for the prior 5 fiscal years and the current fiscal year, the expenditures for those years, and the proposed MPD budget for the next fiscal year, in spreadsheet format, broken down, at a minimum, by program, activity, comptroller source group, fund source, and service level; and
"(B) For the proposed MPD budget for the next fiscal year:
"(i) The total proposed budget for hiring personnel;
"(ii) The gross and net number of personnel MPD anticipates the proposed budget will allow it to hire, broken down by civilian employees, cadets, cadet conversion recruits, non-cadet conversion recruits, officers, and senior police officers; and
"(iii) A crosswalk identifying any proposed actual or paper changes to MPD's internal organization, including its various bureaus, and a narrative rationale for the change.".
Sec. 3073. Applicability.
Section 3072(b) shall apply as of April 1, 2023.
TITLE IV. PUBLIC EDUCATION SYSTEMS
SUBTITLE A. UNIFORM PER STUDENT FUNDING FORMULA INCREASES
Sec. 4001. Short title.
This subtitle may be cited as the "Funding for Public Schools and Public Charter Schools Increase Emergency Amendment Act of 2022".
Sec. 4002. The Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-2901 et seq.), is amended as follows:
(a) Section 103(b) (D.C. Official Code § 38-2902(b)) is amended to read as follows:
"(b) The Formula shall apply only to operating budget appropriations from the District of Columbia General Fund for DCPS and Public Charter Schools; except, that the Formula shall not apply to:
"(1) For Fiscal Year 2022 and 2023, funding allocated to a DCPS school to meet the requirement of
"(2) Funds from federal or other revenue sources;
"(3) Funds appropriated to other agencies and funds of the District government;
"(4) Any program operated by DCPS that provides special education outreach, referral, and evaluation services for children under 5 years 11 months of age ("eligible children"), if the program serves eligible children who have not yet entered the school system or are homeschooled; or
"(5) IMPACTplus bonus payments."
(b) Section 104(a) (D.C. Official Code § 38-2903(a)) is amended by striking the phrase "$11,730 per student for Fiscal Year 2022" and inserting the phrase "$12,419 per student for Fiscal Year 2023" in its place.
(c) Section 105 (D.C. Official Code § 38-2904) is amended by striking the tabular array and inserting the following tabular array in its place:
| Grade Level | Weighting | Per Pupil Allocation in FY 2023 |
| Pre-Kindergarten 3 | 1.34 | $16,641 |
| Pre-Kindergarten 4 | 1.30 | $16,145 |
| Kindergarten | 1.30 | $16,145 |
| Grades 1-5 | 1.00 | $12,419 |
| Grades 6-8 | 1.08 | $13,413 |
| Grades 9-12 | 1.22 | $15,151 |
| Alternative program | 1.52 | $18,877 |
| Special education school | 1.17 | $14,530 |
| Adult | 0.91 | $11,301 |
(d) Section 106(c) (D.C. Official Code § 38-2905(c)) is amended to read as follows:
"(c) The supplemental allocations shall be calculated by applying weightings to the foundation level as follows:
"Special Education Add-ons:
| Level/ Program | Definition | Weighting | Per Pupil Allocation in FY 2023 |
| Level 1: Special Education | Eight hours or less per week of specialized services | 0.97 | $12,046 |
| Level 2: Special Education | More than 8 hours and less than or equal to 16 hours per school week of specialized services | 1.20 | $14,903 |
| Level 3: Special Education | More than 16 hours and less than or equal to 24 hours per school week of specialized services | 1.97 | $24,465 |
| Level 4: Special Education | More than 24 hours per week of specialized services which may include instruction in a self-contained (dedicated) special education school other than residential placement | 3.49 | $43,342 |
| Special Education Compliance | Weighting provided in addition to special education level add-on weightings on a per-student basis for Special Education compliance. | 0.099 | $1,229 |
| Attorney's Fees Supplement | Weighting provided in addition to special education level add-on weightings on a per-student basis for attorney's fees. | 0.089 | $1,105 |
| Residential | D.C. Public School or public charter school that provides students with room and board in a residential setting, in addition to their instructional program | 1.67 | $20,470 |
"General Education Add-ons:
| Level/ Program | Definition | Weighting |
Per Pupil Supplemental Allocation FY 2023 |
| Elementary ELL | Additional funding for English Language Learners in grades PK3-5 | 0.50 | $6,210 |
| Secondary ELL | Additional funding for English Language Learners in grades 6-12, alternative students, adult students, and students in special education schools | 0.75 | $9,314 |
| At-risk | Additional funding for students in foster care, who are homeless, on TANF or SNAP, or behind grade level in high school | 0.24 | $2,981 |
| At-risk High School Over-Age Supplement | Weighting provided in addition to at-risk weight for students who are behind grade level in high school | 0.06 | $745 |
| At-risk > 40% Concentration Supplement | Weighting provided in addition to at-risk weight for the percentage of at-risk students above 40% enrolled in a school where at least 40% of the student population is at-risk | 0.05 | $621 |
| At-risk > 70% Concentration Supplement | Weighting provided in addition to at-risk weight for the percentage of at-risk students above 70% where at least 70% of the student population is at-risk | 0.05 | $621 |
"Residential Add-ons:
| Level/ Program | Definition | Weighting | Per Pupil Allocation in FY 2023 |
| Level 1: Special Education - Residential | Additional funding to support the after-hours level 1 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting | 0.37 | $4,595 |
| Level 2: Special Education - Residential | Additional funding to support the after-hours level 2 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting | 1.34 | $16,641 |
| Level 3: Special Education - Residential | Additional funding to support the after-hours level 3 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting | 2.89 | $35,891 |
| Level 4: Special Education - Residential | Additional funding to support the after-hours level 4 special education needs of limited and non-English proficient students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting | 2.89 | $35,891 |
|
LEP/NEP - Residential |
Additional funding to support the after-hours limited and non-English proficiency needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting | 0.668 | $8,296 |
"Special Education Add-ons for Students with Extended School Year ("ESY") Indicated in Their Individualized Education Programs ("IEPs"):
| Level/ Program | Definition | Weighting | Per Pupil Allocation in FY 2023 |
| Special Education Level 1 ESY | Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs | 0.063 | $782 |
| Special Education Level 2 ESY | Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs | 0.227 | $2,819 |
| Special Education Level 3 ESY | Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs | 0.491 | $6,098 |
| Special Education Level 4 ESY | Additional funding to support the summer school or program need for students who require extended school year (ESY) services in their IEPs | 0.491 | $6,098 |
(e) Section 106a (D.C. Official Code § 38-2905.01) is amended as follows:
(1) Subsection (b) is amended by striking the phrase "as determined by the Mayor" and inserting the phrase, "as reflected in this title" in its place.
(2) A new subsection (c-2) is added to read as follows:
"(c-2)(1) Consistent with the weightings provided in section 106(c), an at-risk concentration supplement shall be provided for a DCPS school or public charter school with an at-risk student population that exceeds 40% of the school's total enrollment and an additional supplement shall be provided for a DCPS school or public charter school with an at-risk student population that exceeds 70% of the school's total enrollment, based on projected enrollments submitted pursuant to
"(2) Only schools that have at-risk student populations greater than 40% of the school's total population may receive funding from the at-risk > 40% concentration supplement. The number of students for which a school may receive the per pupil allocation for the at-risk > 40% concentration supplement shall be equal to the number of at-risk students enrolled in the school minus the product, rounded to the nearest whole number, of 40% times that school's total student population.
"(3) Only schools that have at-risk student populations greater than 70% of the school's total population may receive funding from the at-risk > 40% concentration supplement and the at-risk > 70% concentration supplement. The number of students for which a school may receive the per pupil allocation for the at-risk 70% concentration supplement shall be equal to the number of at-risk students enrolled in the school minus the product, rounded to the nearest whole number, of 70% times that school's total student population.".
(f) A new subsection 106b is added to read as follows:
"Sec. 106b. Pandemic Supplement Fund.
"(a) There is established as a special fund the Pandemic Supplement Fund ("Fund"), which shall be administered by the Mayor in accordance with this section.
"(b) There shall be deposited into the Fund $18,164,919 in Fiscal Year 2023.
"(c) Money in the Fund shall be used to provide stability to DCPS and public charter schools as they respond to the effects of the COVID-19 pandemic and continue recovery efforts initiated with federal relief grants. Of the amounts deposited into the Fund, 52.62%, equivalent to $9,559,091, shall be transferred to the DCPS and 47.38%, equivalent to $8,605,828 ("PCS Amount"), shall be allocated to public charter schools pursuant to subsection (d) of this section.
"(d) From the PCS Amount, in School Year 2022-2023, the Mayor shall award each public charter school $183.74 per enrolled pupil, which the Mayor shall pay in quarterly installments throughout Fiscal Year 2023 according to the schedule and enrollment figures the Mayor uses to make Formula payments pursuant to section 107b(b); provided, that the first quarterly payment may be paid by October 15, 2022.
"(e) The Formula shall not apply to transfers or payments made from the Fund.
"(f) Except as provided in subsection (g) of this section:
"(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
"(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
"(g) The Fund shall sunset on September 30, 2024, and any money remaining in the Fund at that time shall be transferred to the General Fund of the District of Columbia.".
(g) Section 109(b-2) (D.C. Official Code § 38-2908(b-2)) is amended as follows:
(1) Paragraph (2D) is amended by striking the phrase "2021, 2022, and 2023" and inserting the phrase "2021 and 2022" in its place.
(2) A new paragraph (2E) is added to read as follows:
"(2E) For Fiscal Year 2023, the per pupil facility allowance for Public Charter Schools shall be $3,513 per pupil for non-residential facilities and $9,486 per pupil for residential facilities.".
SUBTITLE B. UNIVERSAL PAID LEAVE
Sec. 4011. Short title.
This subtitle may be cited as the "Universal Paid Leave Emergency Amendment Act of 2022".
Sec. 4012. The Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.01 et seq.), is amended as follows:
(a) Section 104 (D.C. Official Code § 32-541.04) is amended as follows:
(1) Subsection (b) is amended by adding a new paragraph (3) to read as follows:
"(3) For claims filed on or after July 25, 2022, paragraph (1) of this subsection shall not apply.".
(2) Subsection (c) is amended by striking the phrase "the filing of a claim and the one-week waiting period, if applicable" and inserting the phrase "the filing of a claim" in its place.
(3) Subsection (e-1)(3) is amended to read as follows:
"(3) For claims filed on or after October 1, 2022, the maximum duration for each type of paid-leave benefits within a 52-workweek period shall be:
"(A) 12 workweeks of qualifying parental leave;
"(B) 12 workweeks of qualifying family leave;
"(C) 12 workweeks of qualifying medical leave; and
"(D) 2 workweeks of qualifying pre-natal leave.".
(b) Section 104a (D.C. Official Code § 32-541.04a) is amended as follows:
(1) Subsection (a) is amended by striking the phrase "established by this act and any paid-leave benefit expansions set forth in subsection (c)(1) of this section that have not yet been implemented" and inserting the phrase "established by this act" in its place.
(2) Subsection (b) is amended as follows:
(A) Paragraph (1) is amended as follows:
(i) Subparagraph (C) is amended as follows:
(I) Strike the phrase "then-existing maximum paid-leave benefit durations" and insert the phrase "benefit durations prescribed in section 104(e-1)(3) and allowable administrative expenditures" in its place.
(II) Strike the semicolon and insert the phrase "; and" in its place.
(ii) Subparagraph (D) is repealed
(iii) Subparagraph (E) is amended by striking the phrase "then-existing level of benefits" and inserting the phrase "benefit durations prescribed in section 104(e-1)(3)" in its place.
(B) Paragraph (2) is amended by striking the phrase "shall reflect any paid-leave benefit expansions or" and inserting the phrase "shall reflect any" in its place.
(C) Paragraph (3) is amended to read as follows:
"(3) An employer contribution rate change provided for in subsection (c)(2) of this section shall apply as of July 1 of the year in which the employer contribution rate change will not cause the projected fund balance of the Universal Paid Leave Fund to fall below the equivalent of 9 months of benefits, as certified pursuant to paragraph (1) of this subsection.".
(3) Subsection (c) is amended as follows:
(A) Paragraph (1) is repealed.
(B) Paragraph (2) is amended by striking the phrase "Beginning with July 1 of the first year in which all paid-leave benefit expansions set forth in paragraph (1) of this subsection have been implemented, and annually thereafter," and inserting the phrase "Beginning with July 1, 2022, and annually thereafter," in its place.
Sec. 4013. Section 1153 of the Universal Paid Leave Implementation Fund Act of 2016, effective December 3, 2020 (D.C. Law 23-149; D.C. Official Code § 32-551.02), is amended as follows:
(a) Subsection (d)(2) is amended by striking the phrase "In Fiscal Year 2022, notwithstanding" and inserting the word "Notwithstanding" in its place.
(b) Subsection (e)(2) is amended by striking the phrase "In Fiscal Year 2022, notwithstanding" and inserting the word "Notwithstanding" in its place.
SUBTITLE C. RECREATION PROGRAMMING GRANTS
Sec. 4021. Short title.
This subtitle may be cited as the "Recreation Programming Funding Expansion Emergency Amendment Act of 2022"
Sec. 4022. Section 3(f) of the Recreation Act of 1994, effective March 23, 1995 (D.C. Law 10-246; D.C. Official Code § 10-302(f)), is amended as follows:
(a) The lead-in language is amended by striking the phrase "Department of Parks and Recreation shall issue" and inserting the phrase "Department of Parks and Recreation" in its place.
(b) Paragraph (1) is amended by striking the phrase "A grant" and inserting the phrase "Shall issue a grant" in its place.
(c) Paragraph (2) is amended by striking the phrase "One or more grants that total no more than $235,000" and inserting the phrase "May issue one or more grants" in its place.
Sec. 4023. Notwithstanding the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), in Fiscal Year 2023 the Department of Parks and Recreation shall award a grant of $50,000 to Horton's Kids to support their work in Ward 8 helping children and families.
SUBTITLE D. UNIVERSITY OF THE DISTRICT OF COLUMBIA FUNDRAISING MATCH
Sec. 4031. Short title.
This subtitle may be cited as the "University of the District of Columbia Fundraising Match Emergency Act of 2022".
Sec. 4032. (a) In Fiscal Year 2023, of the funds allocated to the Non-Departmental agency, $1 shall be transferred to the University of the District of Columbia ("UDC") for every $1 that UDC raises from private donations by April 1, 2023; except, that the total transfer shall not exceed $2 million.
(b) Of the amount transferred to UDC pursuant to subsection (a) of this section, no less than one-third of the funds shall be deposited into UDC's endowment fund.
SUBTITLE E. MASTER FACILITIES PLAN
Sec. 4041. Short title.
This subtitle may be cited as the "Master Facilities Plan Implementation Emergency Amendment Act of 2022".
Sec. 4042. Section 1104(a)(6) of the School Based Budgeting and Accountability Act of 1998, effective March 26, 1999 (D.C. Law 12-175; D.C. Official Code § 38-2803(a)(6)), is amended by striking the date "December 15, 2022" and inserting the date "December 15, 2023" in its place.
SUBTITLE F. SCHOOL YEAR INTERNSHIP PROGRAM
Sec. 4051. Short title.
This subtitle may be cited as the "School Year Internship Program Emergency Amendment Act of 2022".
Sec. 4052. Section 2a(a)(2A) of the Youth Employment Act of 1979, effective January 5, 1980 (D.C. Law 3-46; D.C. Official Code § 32-242(a)(2A)), is amended as follows:
(a) Subparagraph (A) is amended by striking the number "350" and inserting the number "1000" in its place.
(b) Subparagraph (B) is amended as follows:
(1) Sub-subparagraph (i) is amended by striking the phrase "students including" and inserting the phrase "students, including" in its place.
(2) Sub-subparagraph (ii) is amended to read as follows:
"(ii) DOES shall give priority over all other applications to the applications of students who are identified as one or more of the following:
"(I) Homeless;
"(II) In the District's foster care system;
"(III) Qualified for the Temporary Assistance for Needy Families program or the Supplemental Nutrition Assistance Program; or
"(IV) A high school student that is one year older, or more, than the expected age for the grade in which the student is enrolled.".
(3) Sub-subparagraph (iii) is repealed.
(4) A new sub-subparagraph (iv) is added to read as follows:
"(iv) DOES shall reserve at least 100 internships for District-involved youth in Fiscal Year 2023.".
(c) Subparagraph (C) is amended by striking the phrase "January 5, 2022, and September 15 of each subsequent year" and inserting the phrase "September 15 of each year" in its place.
(d) Subparagraph (D) is amended by striking the phrase "; provided, that for Fiscal Year 2022, internships may begin as late as the second week in January 2022".
(e) Subparagraph (E) is amended by striking the phrase "of $10" and inserting "of at least $10" in its place.
(f) Subparagraph (F)(ii) is amended by striking the phrase "no later than December 1, 2021, and July 1 of each subsequent year" and inserting the phrase "no later than July 1 of each year" in its place.
(g) New subparagraphs (I) through (K) are added to read as follows:
"(I) For School Year 2022-2023, DOES may conduct a mid-year application cycle for students and internship hosts. Students placed with an internship host in the mid-year application cycle shall begin their internships no later than the second week of January 2023 and remain matched with the host through the last day of May 2023.
"(J)(i) In Fiscal Year 2023, DOES shall issue grants totaling at least $225,000, to governmental or non-governmental entities to host District-involved youth. To qualify for a grant, an entity shall:
"(I) Submit an application, supplemental to the application required pursuant to subparagraph (F)(ii) of this paragraph, that specifies the maximum number of District-involved youth the entity is able to host:
"(II) Be able to provide programming in the District;
"(III) Have experience providing workshops and programming for youth ages 14 through 21 on topics including life skills, workforce readiness, health (sexual, mental, physical), financial literacy, career exploration, or parenting; and
"(IV) Have experience working with District-involved youth.
"(ii) DOES shall:
"(I) Work closely with agencies and organizations listed in subparagraph (K)(ii) of this paragraph to recruit District-involved youth; and
"(II) Enter into any agreements with other District agencies or grantees required by law to prevent disclosure of legally protected information related to District-involved youth.
"(iii) A grantee shall:
"(I) Submit monthly reports to DOES on District-involved youth interns' growth and development; and
"(II) Conduct at least 4 hours of intern training a month on subjects that may include workforce readiness, self-advocacy and personal agency, health (physical, mental, sexual), career exploration, life skills, and financial literacy.
"(iv) Every 3 months from the date of placement of District-involved youth with a grantee, a grantee shall submit a report on the following from the previous 3 months:
"(I) The number of hours each District-involved youth worked and participated in training;
"(II) The number of total training hours the grantee conducted with District-involved youth, including the number of interns who participated in the training;
"(III) A list of the training topics that were covered during the reporting period; and
"(IV) Intern growth and development highlights.
"(K) For the purposes of this paragraph, the term "District-involved youth" means a youth aged 14 through 21 who receives services from the following agencies or organizations:
"(i) District Department of Human Services;
"(ii) Department of Youth Rehabilitation Services;
"(iii) Child and Family Services Agency;
"(iv) Office of Neighborhood Safety and Engagement;
"(v) Organizations that receive District funding for truancy prevention or intervention services; or
"(vi) Organizations that contract with any agencies listed in sub-sub-subparagraphs (i) through (iv) of this subparagraph to provide services to youth.".
SUBTITLE G. UDC IT AND NURSING EDUCATION ENHANCEMENTS
Sec. 4061. Short title.
This subtitle may be cited as the "University of the District of Columbia IT and Nursing Education Enhancement Emergency Amendment Act of 2022".
Sec. 4062. Section 4096(a)(2) of the IT Community Training and Advisory Board Establishment Act of 2021, effective November 13, 2021 (D.C. Law 24-45, D.C. Official Code § 32-1691.05(a)(2)), is amended as follows:
(a) Subparagraph (D) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(b) Subparagraph (E) is amended by striking the period and inserting the phrase "; and" in its place.
(c) A new subparagraph (F) is added to read as follows:
"(F) The salary and fringe benefits of faculty or staff who teach or support classes or training in information technology, computer science, or cyber security at UDC-CC.".
Sec. 4063. The DC Nurse Education Enhancement Program Amendment Act of 2021, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 32-1693.01 et seq.), is amended as follows:
(a) Section 4114 (D.C. Official Code § 32-1693.03) is amended as follows:
(1) Subsection (a) is amended as follows:
(A) The lead-in language is amended by striking the phrase "To be eligible for Program assistance" and inserting the phrase "Beginning in Academic Year 2021-2022, to be eligible for Program assistance" in its place.
(B) Paragraph (3) is amended by striking the semicolon and inserting the phrase "; and" in its place.
(C) Paragraph (4) is amended by striking the semicolon and inserting a period in its place.
(D) Paragraphs (5) and (6) are repealed.
(2) A new subsection (a-1) is added to read as follows:
"(a-1) Beginning with Academic Year 2023-2024, to be eligible for Program assistance while pursuing an RN to BSN degree through UDC, an individual shall:
"(1) Have met the enrollment requirements of UDC;
"(2) Be a resident of the District;
"(3) Have a stated interest in employment in a nursing care occupation;
"(4) Have not already completed a bachelor's degree at an institution of higher education;
"(5) Have previously obtained a credential as a CNA, HHA, or LPN; and
"(6) Have been employed in the District for a minimum of 2 years as a CNA, HHA, or LPN with a healthcare employer.".
(3) Subsection (b) is amended as follows:
(A) The lead-in language is amended by striking the phrase "To be eligible for Program assistance" and inserting the phrase "Beginning in Academic Year 2021-2022, to be eligible for Program assistance" in its place.
(B) Paragraph (1) is amended by striking the semicolon and inserting the phrase "; and" in its place.
(C) Paragraph (2) is amended by striking the semicolon and inserting a period in its place.
(D) Paragraphs (3) and (4) are repealed.
(4) A new subsection (b-1) is added to read as follows:
"(b-1) Beginning with Academic Year 2023-2024, to be eligible for Program assistance while pursuing an LPN to AASN degree through UDC-CC, an individual shall:
"(1) Meet the conditions outlined in subsection (a)(2), (3), and (4) of this section;
"(2) Meet the enrollment requirements of UDC-CC;
"(3) Have previously obtained a credential as a CNA, HHA, or MA-C; and
"(4) Have been employed in the District for a minimum of 2 years as a CNA, HHA, or MA-C with a healthcare employer.".
(b) Section 4116(b) (D.C. Official Code § 32-1693.05(b)) is amended as follows:
(1) Paragraph (4) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(2) Paragraph (5) is amended by striking the period and inserting the phrase "; and" in its place.
(3) A new paragraph (6) is added to read as follows:
"(6) The salary and fringe benefits of faculty or staff who teach or support classes or training in nursing and related health fields in which program participants may enroll at the University.".
Sec. 4064. Applicability.
This subtitle shall apply as of July 1, 2022.
SUBTITLE H. EARLY CHILDHOOD EDUCATOR PAY EQUITY CLARIFICATION
Sec. 4071. Short title.
This subtitle may be cited as the "Early Childhood Educator Pay Equity Fund Emergency Amendment Act of 2022".
Sec. 4072. Section 5102 of the Early Childhood Educator Pay Equity Fund Establishment Act of 2021, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 1-325.431), is amended as follows:
(a) Subsection (a) is amended by striking the phrase "Education in" and inserting the phrase "Education ("OSSE") in" in its place.
(b) Subsection (c) is amended to read as follows:
"(c) The Fund shall be used to:
"(1) Support the implementation of the ECE salary scale established and updated pursuant to
"(1A) With funds appropriated in Fiscal Years 2022 and 2023, implement an early educator pay parity program that will provide direct, lump-sum payments to assistant teachers and lead teachers who elect to participate in the program as follows; provided, that an employee may elect to receive less than the stated amount:
"(A) $10,000 each year if the employee is an assistant teacher; and
"(B) $14,000 each year if the employee is a lead teacher.
"(1B) Beginning in Fiscal Year 2023 and in any future fiscal year in which funds available for the Fund exceed those required to support other uses authorized pursuant to this subsection, reduce health insurance premiums paid by child development facilities or eligible employees of child development facilities, pursuant to an agreement with the DC Health Benefit Exchange.
"(2)(A) Pay OSSE administrative costs related to implementing the early educator pay parity program authorized in paragraph (1A) of this subsection or increasing the minimum compensation for employees of child development facilities pursuant to the ECE salary scale established and updated pursuant to
"(i) Personnel costs;
"(ii) Grantee or vendor costs related to distributing pay supplements to early educators;
"(iii) Costs related to providing technical assistance to child development facilities; and
"(iv) Costs of conducting outreach to early childhood educators and child development facilities in Fiscal Year 2022 and in Fiscal Year 2023 to support the implementation of the Fund.
"(B) Administrative costs authorized to be paid pursuant to subparagraph (A) of this paragraph shall not exceed $5,390,878 in Fiscal Years 2022 and 2023 and, in any fiscal year thereafter, 5% of the annual amount deposited in the Fund.".
(c) A new subsection (d-1) is added to read as follows:
"(d-1) Unless otherwise prohibited by federal law, lump-sum payments an individual receives in Fiscal Years 2022 and 2023 from the early educator pay parity program established pursuant to subsection (c)(1A) of this section shall not be counted as income or assets:
"(1) For the purposes of determining eligibility or calculating benefits under
"(2) For the purpose of determining eligibility or calculating benefits for the following benefit programs:
"(A) D.C. HealthCare Alliance, referenced in
"(B) Educational scholarships the District administers with local funds;
"(C) Home Purchase Assistance Program, referenced in
"(D) Housing subsidy vouchers issued through
"(E) Grandparent Caregiver Program established by
"(F) Close Relative Caregiver Program, established by
"(G) Other District government benefit programs administered with local funds, including Strong Families, Strong Futures.".
(d) Subsection (e) is amended to read as follows:
"(e) For the purposes of this section, the term:
"(1) "Assistant teacher" shall have the same meaning as provided in
"(2) "Child development facility" shall have the same meaning as provided in
"(3) "ECE salary scale" shall have the same meaning as provided in
"(4) "Lead teacher" shall have the same meaning as provided in
(e) A new subsection (f) is added to read as follows:
"(f) Notwithstanding
Sec. 4073. The Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code § 4-401 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 4-401) is amended as follows:
(1) Existing paragraph (1) is redesignated as paragraph (1C).
(2) Existing paragraph (1A) is redesignated as paragraph (1D).
(3) New paragraphs (1), (1A), and (1B) are added to read as follows:
"(1) The term "assistant teacher" means a child development facility employee in one of the following roles who cares for children aged 5 or under, toddlers, or infants:
"(A) Assistant teacher in a child development center, as defined in 5-A DCMR § 166.1, including an assistant teacher employed in a Pre-K Enhancement and Expansion Program Community Based Organization; or
"(B) Associate caregiver in an expanded child development home, as defined in 5-A DCMR § 171.
"(1A) The term "Associate's" means an associate's degree from an institution of higher education accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation.
"(1B) The term "Bachelor's" means a bachelor's degree from a college or university accredited by an agency recognized by the U.S. Secretary of Education.".
(4) New paragraphs (2A) and (2B) are added to read as follows:
"(2A) The term "CDF payroll formula" means the child development facility payroll funding formula the Department establishes pursuant to
"(2B) "Child development facility" means a center, home, or other structure that is licensed by the Office of the State Superintendent of Education to provide care and other services, supervision, and guidance for children, infants, and toddlers on a regular basis, regardless of its designated name. The term "child development facility" does not include a public or private elementary or secondary school engaged in legally required educational and related functions.".
(5) Paragraph (4) is amended by striking the phrase "Executive Office of the Mayor or the Mayor's designee" and inserting the phrase "the Office of the State Superintendent of Education" in its place.
(6) Existing paragraph (4A) is redesignated as paragraph (4D).
(7) New paragraphs (4A), (4B), and (4C) are added to read as follows:
"(4A) The term "Early Childhood Educator Pay Equity Fund" means the special fund established pursuant to
"(4B) The term "ECE" means early childhood education.
"(4C) The term "ECE salary scale" means the early childhood educator salary scale for lead and assistant teachers established and updated pursuant to section 11b(b).".
(8) Existing paragraph (5A) is redesignated as paragraph (5B).
(9) Newly designated paragraph (5B) is repealed.
(10) Existing paragraph (5B) is redesignated as paragraph (5C).
(11) Existing paragraph (5C) is redesignated as paragraph (5D).
(12) A new paragraph (5A) is added to read as follows:
"(5A) The term "lead teacher" means a child development facility operator or employee in one of the following roles, who cares for children aged 5 and under, toddlers, or infants:
"(A) A teacher in a child development center, as defined in 5-A DCMR § 165.1, excluding a teacher employed to teach pre-kindergarten in a Pre-K Enhancement and Expansion Program Community Based Organization;
"(B) A child development home caregiver, as defined in 5-A DCMR § 168.1; or
"(C) An expanded child development home caregiver, as defined in 5-A DCMR § 170.2.".
(b) Section 3 (D.C. Official Code § 4-402) is amended as follows:
(1) The existing text is designated as subsection (a).
(2) New subsections (b) and (c) are added to read as follows:
"(b) The Department is further authorized to provide supplemental payments to child development facilities licensed pursuant to section 5 of the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code § 7-2034), to implement the ECE salary scale. The Department shall:
"(1) Establish and periodically update a child development facilities payroll funding formula through rules issued pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), which the Department shall use to issue payments from the Early Childhood Educator Pay Equity Fund to licensed child development facilities that enter into contracts or agreements with the Department to implement the minimum salaries provided in the ECE salary scale;
"(2) Publish a recommended salary schedule, consistent with the minimum salaries in the ECE salary scale, which shall include pay bands or steps that reflect proposed salary increases based on experience or time-in-position;
"(3) Establish requirements for licensed child development facilities to receive CDF payroll formula funds;
"(4) Execute contracts or agreements with licensed child development facility operators to govern Department distribution and facility use and administration of CDF payroll formula funds, which shall:
"(A) Be renewed not less than once every 3 years;
"(B) Describe the basis on which CDF payroll formula payments will be calculated;
"(C) Provide a schedule of when the Department will distribute CDF payroll formula payments;
"(D) State requirements for participating facilities and remedies for failure to meet requirements; and
"(E) Specify reporting and auditing requirements for participating facilities; and
"(5) Ensure that licensed child development facilities that receive CDF payroll formula funds pay lead teachers and assistant teachers employed by the child development facility wages or salaries, on a regular basis, that meet or exceed the minimum salaries in the ECE salary scale applicable for an employee's role and credentials.
"(c)(1) By March 1, 2023, the Department shall publish the first CDF payroll formula, which shall be based on the recommendations in the Final Report of the Early Childhood Educator Equitable Compensation Task Force, introduced March 23, 2022 (RC 24-154), and take into account the cost modeling analysis conducted pursuant to section 11a(b). The CDF payroll formula shall incorporate the estimated cost for child development facilities to implement the minimum salaries specified in section 11b(b). The publication shall include:
"(A) The estimated total cost of payments to be made to child development facilities in Fiscal Year 2024;
"(B) An explanation of the methodology used to develop the CDF payroll formula; and
"(C) The information required to be reported pursuant to section 11a(c).
"(2) The proposed CDF payroll formula shall account for valid and reliable indicators of child, family, or community economic disadvantage and resources, in order to direct increased funding to child development facilities serving families and communities with fewer economic resources.".
(c) Section 5a(a) (D.C. Official Code § 4-404.01(a)) is amended as follows:
(1) Paragraph (5) is amended by striking the phrase "foster care placement when the foster care provider is working, if only one foster care provider is in the home, when both foster care providers are working, if 2 foster care providers are in the home, and child care services are in the best interest of the child;" and inserting the phrase "foster care placement; and" in its place.
(2) Paragraph (6) is amended by striking the semicolon and inserting a period in its place.
(3) Paragraph (7) is repealed.
(4) Paragraph (8) is repealed.
(d) Section 11a (D.C. Official Code § 4-410.01) is amended to read as follows:
"Sec. 11a. Studies of child development facilities for infants and toddlers.
"(a) OSSE shall make public its payment rates for child development facilities participating in the child care subsidy program by October 1 of each year.
"(b) By March 1, 2023, February 1, 2024, and on a triennial basis thereafter, OSSE shall conduct a cost modeling analysis to estimate the costs of care for child development facilities in the District. The analysis shall incorporate the cost of implementing the ECE salary scale established and updated pursuant to section 11b(b).
"(c) By February 1, 2024, and on a triennial basis thereafter, OSSE shall submit a report to the Council that includes:
"(1) The findings from the cost modeling analysis, updated to include the current ECE salary scale;
"(2) A description of the methodology used to determine the cost of care, including the ECE salary scale;
"(3) An analysis of child development facilities that assesses:
"(A) Quality rating under the Quality Rating and Improvement System;
"(B) Type of facility;
"(C) Number and age of infants, toddlers, and children served and number of classrooms per age-group;
"(D) Proportion and reimbursement rate for infants, toddlers, and children served who participate in the child care subsidy program;
"(E) Staffing costs associated with applying the ECE salary scale;
"(F) Whether the facility participates in a shared service alliance, including the Quality Improvement Network;
"(G) Total number of early childhood educators, differentiated by role and credential, used in the cost modeling analysis;
"(H) Payroll costs associated with ensuring all applicable federal and District labor laws are implemented in each child development facility; and
"(I) Costs associated with employer-paid benefits packages; and
"(4) An assessment of the Early Childhood Educator Pay Equity Fund's ability to fund the implementation of the ECE salary scale in all child development facilities who have agreements with the Department.".
(e) Section 11b (D.C. Official Code 4-410.02) is amended to read as follows:
"Sec. 11b. Payments to child development facilities.
"(a)(1) By October 1, 2024, and on a triennial basis thereafter, the Department shall establish child care subsidy payment rates for child development facilities providing care for infants, toddlers, and children ages birth to 5.
"(2) Subject to available appropriations, the child care subsidy rates shall be sufficient to, when combined with CDF payroll formula payments, provide a child development facility with funding to operate based on a cost modeling analysis that incorporates costs incurred as a result of implementing the ECE salary scale. CDF payroll formula payments shall be supplemental to child care subsidy payments.
"(b) Beginning in Fiscal Year 2024, child development facilities that enter into a contract or agreement with the Department to receive monies from the Early Childhood Educatory Pay Equity Fund shall use such monies to pay, at minimum, the salaries for assistant and lead teachers listed in Tables 1 and 2:
| Table 1: Assistant Teacher Minimum Salaries | |
| Credential Level | Minimum salary |
| Less than a CDA | $39,250/year ($19/hour) |
| CDA | $45,488/year ($21.85/hour) |
| Associate's | $48,216/year ($23.18/hour) |
| Table 2: Lead Teacher Minimum Salaries | |
| Credential Level | Minimum salary |
| CDA or 48 credit hours with greater than or equal to 15 credit hours in ECE | $48,216 ($23.18/hour) |
| Associate's in ECE or Associate's with greater than or equal to 24 credit hours in ECE | $56,725 ($27.27/hour) |
| Bachelor's in ECE or Bachelor's with greater than or equal to 24 credit hours in ECE | $66,735 ($32.08/hour) |
"(c)(1) Beginning February 1, 2023, and annually by February 1 thereafter, the Department shall recommend updates to Tables 1 and 2 to reflect minimum assistant teacher and lead teacher salaries for the following fiscal year. The proposed updates shall incorporate the following principles:
"(A) The minimum salary for a lead teacher with a bachelor's degree in ECE or a bachelor's degree with greater than or equal to 24 credit hours in ECE shall be equal to or greater than the minimum salary of a full-time, 12-month teacher with a bachelor's degree employed by the District of Columbia Public Schools.
"(B) The minimum salary for a lead teacher with an associate's degree in ECE or an associate's degree with greater than or equal to 24 credit hours in ECE shall aim to be 85% of the minimum salary of a lead teacher with a bachelor's degree in ECE or a bachelor's degree with great than or equal to 24 credit hours in ECE.
"(C) The minimum salary for a lead teacher with a CDA or 48 credit hours with greater than or equal to 15 credit hours in ECE shall aim to be 85% of the minimum salary of a lead teacher with an associate degree in ECE or an associate degree with greater than or equal to 24 credit hours in ECE.
"(D) The minimum salary for an assistant teacher with an associate degree should be equal to the minimum salary of a lead teacher with a CDA or 48 credit hours with greater than or equal to 15 credit hours in ECE.
"(E) The minimum salary for an assistant teacher with a CDA should be equal to 94% of the minimum salary for an assistant teacher with an associate degree.
"(F) Each salary level shall annually increase in proportion to the annual average increase, if any, in the Consumer Price Index for All Urban Consumers in the Washington Metropolitan Statistical Area published by the Bureau of Labor Statistics of the United States Department of Labor for the previous calendar year, rounded to the nearest multiple of $.05; provided, that the increase shall not exceed 3%.
"(2) The Department shall aim to maintain the ongoing solvency of the Early Childhood Educator Pay Equity Fund. If the Department's recommended updates to Tables 1 and 2 in subsection (b) of this section deviate from the principles set forth in paragraph (1) of this subsection, it shall provide an explanation for the deviation.
"(3) The Mayor shall include the updated tables in the Mayor's annual budget submission to the Council.
"(d)(1) In the event that funds available in the Early Childhood Educator Pay Equity Fund are insufficient to cover the costs to implement the ECE salary scale, the Department may do any combination of the following:
"(A) Reduce CDF payroll formula payments to child development facilities to align with the availability of funds and issue guidance to facilities for adjusting implementation of the ECE salary scale for the fiscal year; or
"(B) Reduce the number of child development facilities receiving CDF payroll formula payments, in which case the Department shall prioritize funding to child development facilities receiving subsidy payments pursuant to section 5a.
"(2) The Department shall notify the Council of reductions authorized in paragraph (1) of this subsection within 5 business days after the decision to make such reductions is made.".
Sec. 4074. The Office of the State Superintendent of Education Pay Parity Program for Early Childhood Educators Authorization Temporary Amendment Act of 2022, effective May 19, 2022 (D.C. Law 24-126; 69 DCR 3016), is repealed.
Sec. 4075. Applicability.
This subtitle shall apply as of the effective date of this act.
SUBTITLE I. DC INFRASTRUCTURE ACADEMY CDL PIPELINE PILOT PROGRAM
Sec. 4081. Short title.
This subtitle may be cited as the "DC Infrastructure Academy Commercial Driver's License Mass Transportation Pipeline Pilot Program Emergency Amendment Act of 2022".
Sec. 4082. Section 2e of the Youth Employment Act of 1979, effective December 3, 2020 (D.C. Law 23-149; D.C. Official Code § 32-246), is amended by adding a new subsection (d) to read as follows:
"(d)(1) In Fiscal Year 2023, the DCIA shall administer a Commercial Driver's License ("CDL") mass transportation pipeline pilot program ("pilot program") that will train and support District residents to work toward employment with local mass transportation agencies such as the Washington Metropolitan Area Transportation Authority ("WMATA").
"(2) To implement the pilot program, DCIA shall:
"(A) Screen candidates for their suitability to receive a CDL and be hired as bus drivers with mass transportation agencies;
"(B) Train candidates to receive a CDL or refer candidates to external training based on candidates' suitability;
"(C) Provide candidates with assistance completing their CDL applications and applying for employment with local mass transportation agencies, including through:
"(i) Resume development;
"(ii) Employment-readiness skills development; and
"(iii) Interview preparation; and
"(D) Recruit candidates for the pilot program.
"(3) DCIA shall select candidates to participate in the pilot program through suitability screening that will ensure participants have a high likelihood of being hired by local mass transportation agencies. Screening may include a criminal background check, screening for use of drugs and alcohol, or a review of participants' driving, employment, or medical records.
"(4) DCIA shall train or refer participants to external training with local mass transportation agencies based on participants' suitability and qualifications.
"(5) DCIA's CDL training program may be facilitated by DCIA staff or through contracts with training providers. DCIA may coordinate with mass transportation agencies to obtain vehicles or other training materials to create new or expand existing CDL training.
"(6) DCIA shall provide CDL test preparation assistance for all participants who receive DCIA-administered CDL training. This assistance may include:
"(A) Working with the Department of Motor Vehicles to schedule tests;
"(B) Leading and facilitating test preparation sessions;
"(C) Educating participants on test-taking strategies; and
"(D) Providing support to participants with test performance anxiety.
"(7) DCIA shall launch a Districtwide campaign to recruit participants for the pilot program. Recruitment shall include outreach to American Job Center visitors and current and past participants of DOES programs, including the DCIA, Project Empowerment, DC Career Connections, Pathways for Young Adults, and the Marion Barry Summer Youth Employment Program. Recruitment may also include outreach to adult education programs and District residents who are drivers with ridesharing companies.
"(8) DCIA may accept a candidate who is deemed unsuitable for employment with a mass transportation agency due to a candidate's failure to pass drug or alcohol screening into the pilot program to receive DCIA-administered CDL training if DCIA determines that the candidate would likely be able to pass drug and alcohol screening in the future. DCIA may provide such participants with support or referrals to community services to address substance abuse concerns.
"(9) For the purposes of this subtitle, the term:
"(A) "CDL" means a commercial driver's license issued by the District of Columbia or other jurisdiction, in accordance with the federal regulations, 49 CFR Part 383, to an individual that authorizes the individual to operate a class of commercial vehicle.
"(B) "Mass transportation agency" means a government, quasi-government, or privately owned agency that transports the public by bus, train, trolly, streetcar, shuttle, or other means; which agencies may include WMATA, the DC Circulator, or the DC Streetcar.".
SUBTITLE J. SCHOOL ATTENDANCE ZONE BOUNDARIES UPDATE
Sec. 4091. Short title.
This subtitle may be cited as the "Attendance Zone Boundaries Emergency Amendment Act of 2022".
Sec. 4092. Section 4072 of the Attendance Zone Boundaries Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 38-221), is amended as follows:
(a) The existing text is designated as subsection (a).
(b) A new subsection (b) is added to read as follows:
"(b) In calendar year 2023 and every 10 years thereafter, the Mayor shall complete a comprehensive review of District of Columbia Public Schools ("DCPS") student assignment policies. The review shall include and examination of and recommendations regarding the following:
"(1) Student assignments to schools by right based on DCPS attendance zones and feeder pathways, including:
"(A) Attendance zone boundaries;
"(B) School feeder patterns; and
"(C) By right admission to a zoned school for preK-3 and preK-4 students;
"(2) Whether there is adequate capacity in zoned DCPS facilities, including whether there is adequate capacity at each of the following grade levels:
"(A) Early childhood;
"(B) Elementary school;
"(C) Middle school; and
"(D) High school; and
"(3) Whether there is equitable access among District students to high-quality DCPS schools, including:
"(A) Standards for out-of-boundary minimums;
"(B) Placement priorities for students designated at-risk;
"(C) Specialized and selective programs and schools;
"(D) Modes of transportation by which students travel to school; and
"(E) Other factors related to equitable access as considered appropriate by the Deputy Mayor for Education.".
SUBTITLE K. PUBLIC SCHOOL HEALTHY FOOD CURRICULUM GRANTS
Sec. 4101. Short title.
This subtitle may be cited as the "Public School Healthy Food Curriculum Grants Emergency Amendment Act of 2022".
Sec. 4102. Section 302 of the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; D.C. Official Code § 38-823.02), is amended as follows:
(a) The existing text is designated as subsection (a).
(b) A new subsection (b) is added to read as follows:
"(b) In Fiscal Year 2023, notwithstanding
Sec. 4103. Applicability.
This subtitle shall apply as of the effective date of this act.
SUBTITLE L. Structured literacy training action plan
Sec. 4111. Short title.
This subtitle may be cited as the "Structured Literacy Action Plan Emergency Act of 2022".
Sec. 4112. Definitions.
For the purposes of this subtitle, the term:
(1) "DCPS" means the District of Columbia Public Schools.
(2) "ELL" means English Language Learner.
(3) "EPP" means Education Preparation Provider.
(4) "Literacy educator" means a DCPS English Language Arts instructional coach, English Language Arts assistant principal, general instructional coach, literacy assistant principal, or reading specialist.
(5) "OSSE" means the Office of the State Superintendent of Education.
(6) "Public charter school" shall have the same meaning as provided in section 2002(29) of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-226; D.C. Official Code § 38-1800.02(29)).
(7) "Structured literacy training" means professional development instruction on:
(A) Effective and systematic instructional practices in reading, including phonemic awareness, phonics, fluency, vocabulary, and comprehension; and
(B) The use of empirically validated instructional methods that are appropriate for early, emergent, and struggling readers.
(8) "Public elementary school" means a District school that is either a DCPS school or a public charter school that serves any grades in the kindergarten through grade 5 range.
(9) "General education teacher" means a teacher who is responsible for providing instruction in one or all of the following subjects:
(A) Reading;
(B) Social Studies;
(C) Mathematics; or
(D) Science.
Sec. 4113. Structured literacy training for DCPS.
(a) Starting no later than November 1, 2022, DCPS shall provide all literacy educators serving DCPS students in kindergarten through grade 5 who have not already completed structured literacy training, the opportunity to receive at least 45 hours of structured literacy training over 2 consecutive years.
(b) Literacy educators shall receive a $2,000 stipend for participation in structured literacy training if they are not provided the training during school hours.
Sec. 4114. Early Literacy Education Task Force establishment.
(a)(1) Starting no later than December 1, 2022, OSSE shall convene a task force of District government agency representatives, which shall be known as the Early Literacy Education Task Force ("task force"). The task force shall include representatives from the following District government agencies:
(A) OSSE;
(B) DCPS;
(C) Public Charter School Board;
(D) State Board of Education; and
(E) Deputy Mayor for Education.
(2) The Chairman of the Council shall appoint a Council representative to the task force.
(b)(1) The task force shall submit an early literacy education report to the Mayor and Council by September 30, 2023.
(2) The report shall identify implementable steps to accomplish the following in 4 years:
(A) Provide all public elementary school general education teachers, special education teachers, ELL teachers, and librarians, at least 45 hours of structured literacy training over 2 years;
(B) Provide ELL teachers serving public elementary school students the option to receive bilingual structured literacy training;
(C) Provide all public elementary school administrators, instructional coaches, and EPP faculty responsible for evaluating or providing instructional support to general education teachers, with structured literacy training, including the option to receive specialized administrator structured literacy training;
(D) Establish a mechanism for tracking public elementary school teacher and school leader completion of 45 hours of structured literacy training;
(E) Ensure all public elementary school instructional staff have access to and use culturally responsive, high-quality instructional materials reviewed by an expert review organization to ensure alignment with District of Columbia Common Core State English and Language Arts standards; and
(F) Provide all public elementary school teachers access to on-the-job support from an expert in structured literacy training.
(3) The report shall further:
(A) Identify one literacy training program vendor to provide training to all trainees or provide justification of why more than one vendor is needed and how the structured literacy training provided by multiple vendors complement one another; and
(B) Recommend whether it is advisable to provide pre-kindergarten educators and educators serving DCPS and public charter school students above grade 5 with structured literacy training in future years.
(c) The task force shall meet every 6 weeks until it submits the report required pursuant to subsection (b) of this section.
(d) The task force shall not be considered a public body for purposes of the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571 et seq.).
SUBTITLE M. RESEARCH PRACTICE PARTNERSHIP CLARIFICATION
Sec. 4121. Short title.
This subtitle may be cited as the "Research Practice Partnership Clarification Emergency Amendment Act of 2022".
Sec. 4122. The District of Columbia Education Research Practice Partnership Establishment Act of 2018, effective March 28, 2019 (D.C. Law 22-268; D.C. Official Code § 38-785.01 et seq.), is amended as follows:
(a) Section 103 (D.C. Official Code § 38-785.02) is amended by adding a new subsection (d) to read as follows:
"(d) Notwithstanding
(b) Section 105 (D.C. Official Code § 38-785.04) is amended by adding a new subsection (e) to read as follows:
"(e) Notwithstanding any other provision of law, the Partnership and its executive director may provide staff support to the Advisory Committee, including for the scheduling of meetings and the drafting of documents.".
Subtitle N. UPSFF ADEQUACY STUDY
Sec. 4131. Short title.
This subtitle maybe cited as "UPSFF Adequacy Study Emergency Amendment Act of 2022."
Sec. 4132. Section 202 of the Department of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191), is amended by adding a new subsection (g) to read as follows:
"(g) By September 30, 2023, and every 5 years thereafter, the Mayor shall submit to the Council an in-depth education funding adequacy study that:
"(1) Reviews the Uniform Per Student Funding Formula ("UPSFF"), the city's method for allocating local operating dollars to District of Columbia Public Schools ("DCPS") and public charter schools, provided in
"(A) The costs and expenses associated with operating DCPS and public charter schools included and excluded from the UPSFF, and recommending revisions; and
"(B) The categories and weights provided in sections
"(2) Addresses issues of equitable funding among schools and between DCPS and public charter schools and recommends revisions to the UPSFF to achieve more equitable student outcomes.".
SUBTITLE O. DUKE ELLINGTON SCHOOL OF THE ARTS FUNDING AND ORGANIZATION MODEL
Sec. 4141. Short title.
This subtitle may be cited as the "New Funding and Organizational Model for the Duke Ellington School of the Arts Emergency Amendment Act of 2022".
Sec. 4142. Section 4253 of the Duke Ellington School of the Arts New Funding and Organization Model Act of 2021, effective November 13, 2021 (D.C. Law 24-45; D.C. Official Code § 38-2992), is amended to read as follows:
"Sec. 4253. Proposed new funding and organizational model for the Duke Ellington School of the Arts.
"(a) The Chancellor or the Chancellor's DCPS designee shall meet with the DESAP Board of Directors at least once every 4 weeks to discuss a proposed new funding and organizational model for the Duke Ellington School of the Arts ("DESA") until a memorandum of agreement ("MOA") is signed by both parties.
"(b) The proposed new funding and organizational model shall address and resolve the following matters:
"(1) The conversion of DESAP faculty and staff, other than the DESAP Principal, to DCPS employee status with levels of pay for all such individuals comparable to those of DCPS employees;
"(2) The absorption of all of DESA's human resources for DESA employees, staff payroll for DESA employees, and student support functions into the budget of DCPS;
"(3) The preservation of, and due regard for, the dual-curriculum nature of DESA, including its arts faculty and staff;
"(4) The continuation of DESA's pre-professional arts program at the same or higher level of quality as the current pre-professional arts program; and
"(5) The continued role of the DESAP Board of Directors in providing guidance and support for the DESA arts program, including partnerships with third-party organizations and the Ellington Fund.
"(c) DCPS shall submit the MOA to the Council no later than 2 weeks after it is signed by DCPS and the DESAP Board of Directors.
"(d) DCPS and the DESAP Board of Directors shall independently and promptly present to the Council a report detailing their proposed new DESA funding and organizational model together with a recommendation for Council action should an MOA not be attained by December 31, 2022.
"(e) The Chairman of the Council may appoint up to 2 observers to attend the meetings between DCPS and the DESAP Board of Directors.".
Sec. 4143. Applicability.
This subtitle shall apply as of the effective date of this act.
TITLE V. HUMAN SUPPORT SERVICES
SUBTITLE A. MEDICAID HOME AND COMMUNITY-BASED SERVICES ENHANCEMENT FUND
Sec. 5001. Short title.
This subtitle may be cited as the "Medicaid Home and Community-Based Services Enhancement Fund Establishment Emergency Amendment Act of 2022".
Sec. 5002. The Department of Health Care Finance Establishment Act of 2007, effective February 27, 2008 (D.C. Law 17-109; D.C. Official Code § 7-771.01 et seq.), is amended as follows:
(a) Section 8c (D.C. Official Code § 7-771.07c) is repealed.
(b) A new section 8d is added to read as follows:
"Sec. 8d. Home and Community-Based Services Enhancement Fund.
"(a) There is established as a special fund the Medicaid Home and Community-Based Services Enhancement Fund ("Fund"), which shall be administered by the Department in accordance with subsections (c) and (d) of this section.
"(b)(1) On or before October 1, 2022, the Chief Financial Officer shall deposit into the Fund an amount of local funds equal to the amount of federal funds received by the District attributable to the increase in the federal medical assistance percentage authorized by section 9817 of the American Rescue Plan Act of 2021, approved March 11, 2021 (Pub. L. No. 117-2; 135 Stat. 216) ("Section 9817 Enhancement Amount"), minus the amount of the Section 9817 Enhancement Amount expended by the District before the date the Chief Financial Officer makes the deposit required by this paragraph.
"(2) There shall be deposited into the Fund after the date the Chief Financial Officer makes the deposit required by paragraph (1) of this subsection an amount of local funds equal to the amount of any additional federal funds received by the District attributable to the increase in the federal medical assistance percentage authorized by section 9817 of the American Rescue Plan Act of 2021, approved March 11, 2021 (Pub. L. No. 117-2; 135 Stat. 216) ("Section 9817").
"(c) Money in the Fund shall be used only to fund the implementation of activities that enhance, expand, or strengthen Medicaid home and community-based services, as described in the Initial Spending Plan and Narrative for Enhanced Funding for Medicaid Home and Community-Based Services under Section 9817, as such plan may be updated from time to time, or as otherwise authorized by the Centers for Medicare and Medicaid Services.
"(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
"(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.".
SUBTITLE B. OPIOID LITIGATION PROCEEDS
Sec. 5011. Short title.
This subtitle may be cited as the "Opioid Abatement Fund Establishment Emergency Act of 2022".
Sec. 5012. Opioid Abatement Fund.
(a) There is established as a special fund the Opioid Abatement Fund ("Fund"), which shall be administered by the Mayor in accordance with this section.
(b) Monies from the following sources shall be deposited into the Fund:
(1) Funds received by the District, regardless of whether such funds are received as a lump sum or series of payments to be made over time, in settlement of D.C. Superior Court cases:
(A) District of Columbia v. Johnson & Johnson, et al., Case No. 2022-CA-001441-B;
(B) District of Columbia v. McKesson Cop, et al., Case No. 2022-CA-001401-B; and
(C) District of Columbia v. McKinsey & Co., Case No. 2021-CA-00327-B; and
(2) Monies otherwise appropriated to, or transferred to, the Fund in accordance with law.
(c) Money deposited into the Fund shall not be obligated or expended until the Council of the District of Columbia passes legislation setting forth the permissible uses of the money in the Fund.
(d)(1) Money deposited into the Fund shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds deposited into the Fund shall be continually available without regard to fiscal year limitation.
Sec. 5013. Section 106b(d)(3) of the Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 1-301.86b(d)(3)), is amended by adding a new subparagraph (D) to read as follows:
"(D)(i) Notwithstanding subparagraph (A) of this subsection, the Attorney General may transfer a portion of funds received prior to October 1, 2022, in settlement of the cases listed in section 5012(b)(1) of the Opioid Abatement Fund Establishment Emergency Act of 2022, passed on emergency basis on June 7, 2022 (Enrolled version of Bill 24-845), and deposited into the Fund into the Opioid Abatement Fund.
"(ii) The Attorney General shall exercise this discretion in accordance with all applicable settlement terms, including terms specifying the amount of funds that must be spent on care, treatment, and other programs designed to address the misuse and abuse of opioid products, treat or mitigate opioid use or related disorders, or mitigate other effects of the opioid epidemic.".
SUBTITLE C. ALLIANCE ENROLLMENT
Sec. 5021. Short title.
This subtitle may be cited as the "Alliance Enrollment Emergency Amendment Act of 2022".
Sec. 5022. Section 7b of the Health Care Privatization Amendment Act of 2001, effective December 13, 2017 (D.C. Law 22-35; D.C. Official Code § 7-1407), is amended as follows:
(a) Subsection (b) is amended by striking the phrase "; except, that the Mayor may require enrollees to complete one in-person certification each year in Fiscal Years 2023, 2024, and 2025." and inserting a period in its place.
(b) Subsections (c) and (d) are repealed.
(c) A new subsection (e) is added to read as follows:
"(e) Enrollees in the Alliance shall be required to recertify their enrollment on an annual basis.".
SUBTITLE D. FIRST-TIME MOTHERS HOME VISITING PROGRAM
Sec. 5031. Short title.
This subtitle may be cited as the "First-Time Mothers Home Visiting Program Emergency Amendment Act of 2022".
Sec. 5032. Section 105a of the Birth-to-Three for All DC Amendment Act of 2018, effective September 11, 2019 (D.C. Law 23-16; D.C. Official Code § 4-651.05a), is amended as follows:
(a) The section heading is amended by striking the phrase "First Time Mothers" and inserting the phrase "First-Time Mothers" in its place.
(b) Subsection (a) is amended as follows:
(1) Paragraph (2) is amended by striking the phrase "in accordance with the subsection" and inserting the phrase "in accordance with this subsection" in its place.
(2) A new paragraph (4) is added to read as follows:
"(4) In Fiscal Year 2023, DOH shall provide an amount not to exceed $150,000 to the home visiting provider who was awarded the competitive grant pursuant to paragraph (1) of this subsection, to be expended for the purposes set forth in that paragraph.".
SUBTITLE E. PERINATAL MENTAL HEALTH TASK FORCE
Sec. 5041. Short title.
This subtitle may be cited as the "Perinatal Mental Health Task Force Establishment Emergency Act of 2022".
Sec. 5042. Definitions.
For the purposes of this subtitle, the term:
(1) "Certified midwife" shall have the same meaning as provided in
(2) "Certified nurse-midwife" shall have the same meaning as provided in
(3) "Certified professional midwife" shall have the same meaning as provided in
(4) "Culturally congruent" means care or maternity care that is in agreement with the preferred cultural values, beliefs, worldview, language, and practices of the health care consumer and other stakeholders.
(5) "Doula" shall have the same meaning as provided in
(6) "Home visiting program" means an entity that:
(A) Supports expectant parents and parents or legal guardians with infants, toddlers, and children between 3 and 5 years of age; and
(B) Provides access to health, social, and educational services through weekly or monthly home visits to promote positive child health and development outcomes, including healthy home environments, healthy birth outcomes, and a reduction in adverse childhood experiences.
(7) "Perinatal period" means the period of pregnancy and one year thereafter during which time perinatal mood and anxiety disorders are typically diagnosed.
(8) "Postpartum recovery" shall have the same meaning as provided in
(9) "Task Force" means the Perinatal Mental Health Task Force established by
(10) "Vulnerable populations" means populations at risk of or living with undiagnosed, underserved, untreated, or undertreated perinatal mood and anxiety disorders.
Sec. 5043. Perinatal Mental Health Task Force.
(a) There is established a Perinatal Mental Health Task Force ("Task Force") to provide comprehensive policy recommendations for the improvement of perinatal mental health in the District. The Task Force shall study and make recommendations regarding:
(1) Vulnerable populations and risk factors for perinatal mental health disorders that may occur during the perinatal period;
(2) Evidence-based and promising practices for those with or at risk of perinatal mood and anxiety disorders, including related clinical and nonclinical care such as peer support and community health workers through the public and private sectors that promotes access to care, including screening, diagnosis, intervention, treatment, recovery, and prevention services;
(3) Barriers to access to care during the perinatal period for birthing people and their partners and identifying evidence-based and promising practices for care coordination, systems navigation, and case management services that address and eliminate barriers to accessing care and care utilization for birthing people and their partners;
(4) Evidence-informed practices that are culturally congruent and accessible to eliminate racial and ethnic disparities that exist in addressing prevention, screening, diagnosis, intervention and treatment, and recovery from perinatal mood and anxiety disorders;
(5) National and global models that successfully promote access to care, including screening, diagnosis, intervention, treatment, recovery, and prevention services for perinatal mood and anxiety disorders in the pregnant or postpartum person and non-birthing partner;
(6) Community-based or multigenerational practices that support individuals and families affected by a maternal mental health condition;
(7) Successful initiatives regarding workforce development encompassing the hiring, training, and retention of a behavioral health care workforce as it relates to perinatal mental health, including maximizing non-traditional behavioral health supports such as peer support and community health workers;
(8) Models for private and public funding of perinatal mental health initiatives; and
(9) A landscape analysis of available perinatal mental health programs, treatments, and services, and notable innovations and gaps in care provision and coordination, encompassing the ability to serve the diversity of perinatal experiences of unique populations, including Black birthing people, Hispanic birthing people, pregnant and postpartum people of color, perinatal immigrant populations, adolescents who are pregnant and parenting, LGBTQIA+ birthing people, child welfare involved birthing people, disabled, justice involved, incarcerated, and homeless birthing people, and their non-birthing partners.
(b) By August 31, 2023, the Task Force shall submit to the Mayor and the Council a comprehensive report setting forth its findings and providing recommendations regarding legislation, policy initiatives, and the funding requirements of initiatives to address perinatal mental health needs in the District.
(c) The Task Force shall consist of 21 members as follows:
(1) The Deputy Mayor for Health and Human Services or his or her designee;
(2) The Director of the Department of Behavioral Health or his or her designee;
(3) The Director of the Department of Health or his or her designee;
(4) The Director of the Department of Health Care Finance or his or her designee;
(5) The Chairperson of the Council's Committee on Health or his or her designee; and
(6) The Chairperson of the Council's Committee on Human Services or his or her designee; and
(7) The following members appointed by the Mayor in accordance with
(A) At least 4 members that are members of the community or advocates and meet at least one of the following standards:
(i) An individual with current or past perinatal mood and anxiety disorders;
(ii) A caregiver or partner to those with current or past perinatal mood and anxiety disorders; or
(iii) An advocate informed about perinatal mental health in the District, who is also a beneficiary of perinatal mood or anxiety disorder treatment;
(B) At least one representative from a managed care organization contracted in the District;
(C) At least 3 representatives from nonprofit health centers serving birthing populations;
(D) A registered nurse experienced in providing perinatal mental health services in the District;
(E) A licensed pediatrician experienced in providing perinatal mental health services in the District;
(F) An obstetrician experienced in providing perinatal mental health services in the District;
(G) A licensed clinical psychologist or psychiatrist with experience providing perinatal mental health services in the District;
(H) A doula;
(I) One of the following:
(i) A certified midwife practicing in the District;
(ii) A certified nurse-midwife practicing in the District; or
(iii) A certified professional midwife practicing in the District; and
(J) A representative of a home visiting program operating in the District.
(d) In constituting the Task Force, the Mayor should consider geographic and socioeconomic representation.
(e) The Mayor shall designate 2 co-chairs of the Task Force, one each from the government and non-government sectors.
(f) Vacancies shall be filled in the same manner as the original appointment to the position that became vacant.
(g) The Department of Health Care Finance shall publish on its website a public listing of Task Force members, meeting notices, and meeting minutes.
(h) The Task Force shall dissolve after submitting the report required pursuant to subsection (b) of this section.
Sec. 5044. Section 2(f) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(f)), is amended as follows:
(a) Paragraph (69) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(b) Paragraph (70) is amended by striking the period and inserting the phrase "; and" in its place.
(c) A new paragraph (71) is added to read as follows:
"(71) The Perinatal Mental Health Task Force, established by
SUBTITLE F. WRAPAROUND SUPPORTS FOR YOUNG WOMEN AND GIRLS
Sec. 5051. Short title.
This subtitle may be cited as the "Wraparound Supports for Young Women and Girls Emergency Act of 2022".
Sec. 5052. Wraparound services grant program.
(a) The Department shall, on an annual basis, issue a grant of $75,000 to a nonprofit organization that provides support and mentorship to female students who are District residents attending elementary through high school, focuses on preventing teen pregnancies, and encourages college attendance and workforce development.
(b) A grant issued by the Department pursuant to subsection (a) of this section shall be for the purpose of hiring a full-time employee to provide wraparound services to participating students.
(c) For purposes of this section, the term:
(1) "Department" means the Department of Health.
(2) "Wraparound services" means health or mental health services provided by a health professional licensed, registered, or certified to practice in the District.
SUBTITLE G. Diaper Affordability and Access.
Sec. 5061. Short title
This subtitle may be cited as the "Diaper Affordability and Access Emergency Act of 2022".
Sec. 5062. Diaper bank grant program.
(a) The Department of Health Care Finance shall issue grant funds to a diaper bank or diaper program for the purpose of providing funds for the purchase and distribution of free diapers to eligible parents and legal guardians with infants 3 years of age and under.
(b) To receive funds under the program, a diaper bank or diaper program shall submit a written application to the Department and satisfy the following conditions:
(1) Serve organizations and individuals within the District;
(2) Have an approved operating budget that includes the purchase of diapers approved by the board of directors or other governing body of the diaper bank or diaper program;
(3) Submit a detailed proposal outlining how the funds will be used to purchase and distribute free diapers to eligible parents and legal guardians with infants 3 years of age and under; and
(4) Meet any other criteria required by the Department.
(c) For purposes of this section, the term:
(1) "Eligible parent" means the natural parent, adoptive parent, or legal guardian of an infant that is 3 years of age or under that currently resides in the District and is:
(A) In a family that is eligible for:
(i) DC Healthcare Alliance;
(ii) DC Healthy Families;
(iii) Emergency Rental Assistance Program;
(iv) Housing Choice Program;
(v) Low Income Home Energy Assistance Program;
(vi) Medicaid;
(vii) Special Supplemental Nutrition Program for Women, Infants, and Children;
(viii) Supplemental Nutrition Assistance Program;
(ix) Temporary Assistance for Needy Families Program; or
(x) Unemployment Insurance;
(B) Residing in an emergency shelter, temporary shelter, permanent supportive housing, or transitional housing; or
(C) Utilizing the services of the diaper bank or diaper program, or the diaper bank's or diaper program's partner organizations.
(2) "Department" means the Department of Health Care Finance.
(3) "Diaper bank" means a nonprofit organization or a fiscally sponsored project of a nonprofit organization that collects or purchases diapers and other hygiene products for infants, children, or adults and regularly distributes diapers over an extended period through 2 or more partner agencies for eventual distribution to individuals free of charge.
(4) "Diaper program" means a program within a nonprofit organization or a fiscally sponsored project of a nonprofit organization that collects or purchases diapers for the purpose of regularly distributing the diapers directly to individuals free of charge.
Sec. 5063. Rulemaking Authority.
The Mayor, pursuant to
SUBTITLE H. MEDICAL CANNABIS SOCIAL EQUITY FUND
Sec. 5071. Short title.
This subtitle may be cited as the "Medical Cannabis Social Equity Fund Establishment Emergency Amendment Act of 2022".
Sec. 5072. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et. seq.), is amended by adding a new section 9b to read as follows:
"Sec. 9b. Medical Cannabis Social Equity Fund.
"(a) There is established as a special fund the Medical Cannabis Social Equity Fund ("Fund"), which shall be administered by Department of Small and Local Business Development ("DSLBD") in consultation with ABRA and in accordance with subsection (c) of this section.
"(b) All revenue in excess of the amount budgeted in the Fiscal Year 2023 budget for Fiscal Year 2023 collected pursuant to
"(c) Money in the Fund shall be used to administer the medical cannabis certified business enterprise program established in accordance with
"(d)(1) The money deposited into the Fund 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.
"(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
"(e) ABRA and DSLBD shall enter into a memorandum of understanding to effectively implement the distribution of funds in the Fund for the purpose set forth in subsection (c) of this section.".
Sec. 5073. Section 47-2002(a)(7)(B) of the D.C. Official Code is amended by striking the period and inserting the phrase "; except, that all revenue above the amount certified in the approved Fiscal Year 2023 budget for Fiscal Year 2023 shall be deposited in the Medical Cannabis Social Equity Fund established by section 9b of the Medical Cannabis Social Equity Fund Establishment Emergency Amendment Act of 2022, passed on emergency basis on June 7, 2022 (Enrolled version of Bill 24-845)." in its place.
SUBTITLE I. TARGETED AFFORDABLE HOUSING PRIORITIZATION
Sec. 5081. Short title.
This subtitle may be cited as the "Targeted Affordable Housing Prioritization Emergency Act of 2022".
Sec. 5082. (a) In Fiscal Year 2023, the Department of Human Services shall allocate 350 Targeted Affordable Housing Vouchers to families in the following order:
(1) Families who were exited from the Family Re-Housing Stabilization Program ("Rapid Re-Housing") during Fiscal Year 2022 and do not have sufficient income to cover the cost of a rental unit of appropriate size for the family.
(2) Families in Rapid Re-Housing who will be exited during Fiscal Year 2023 and do not have sufficient income to cover the cost of a rental unit of appropriate size for the family.
(3) For paragraphs (1) and (2) of this subsection, the Department of Human Services shall prioritize families based on the length of time that the family has been in Rapid Re-Housing, with families who have been in the program longer selected first.
(b) For purposes of this subtitle, a family in Rapid Re-Housing does not have sufficient income to cover the cost of a rental unit if more than 30% of the family's income would be used to pay rent.
SUBTITLE J. DEPARTMENT OF HEALTH GRANT
Sec. 5091. Short title.
This subtitle may be cited as the "Department of Health Grant Emergency Act of 2022".
Sec. 5092. Notwithstanding the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), in Fiscal Year 2023 the Department of Health shall issue a grant of $250,000 to Joseph's House to support its work providing comprehensive nursing and support services to homeless men and women with advanced HIV disease or terminal cancer.
SUBTITLE K. DIRECT SUPPORT PROFESSIONAL PAYMENT RATES
Sec. 5101. Short title.
This subtitle may be cited as the "Direct Support Professional Payment Rate Emergency Amendment Act of 2022".
Sec. 5102. The Direct Support Professional Payment Rate Act of 2020, effective April 16, 2020 (D.C. Law 23-77; D.C. Official Code § 4-2001 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 4-2001) is amended as follows:
(1) Paragraph (1) is repealed.
(2) Paragraphs (2), (3), and (4) are amended to read as follows:
"(2) "Direct care services" means home and community-based, rehabilitative, and Intermediate Care Facilities for Individuals with Intellectual Disabilities services authorized under the District of Columbia Medicaid State Plan or waivers thereof, including the District's Medicaid Home and Community-Based Services Waiver for Persons with Intellectual and Developmental Disabilities program, the District's Medicaid Home and Community-Based Services Waiver for Individual and Family Supports, and the District's Medicaid Home- and Community-Based Services Waiver for the Elderly and Persons with Physical Disabilities.
"(3) "Direct care professional" means an employee of a direct care service provider who provides direct care services for at least 50% of the employee's work hours.
"(4) "Direct care service provider" means an entity enrolled with the District of Columbia Medicaid program that provides direct care services.".
(b) Section 3 (D.C. Official Code § 4-2002) is amended to read as follows:
"Sec. 3. Payment.
"(a) By Fiscal Year 2025, the Mayor shall determine the reimbursement rate that the District will pay to direct care service providers for the provision of direct care services so that the reimbursement rate is sufficient to support direct care service provider payments to direct care professionals of a wage that, on average, is equal to at least the greater of either 117.6% of the District minimum wage pursuant to
"(b) In determining the reimbursement rate to be provided to an eligible direct care service provider under this section, the Mayor shall consider:
"(1) If applicable, the then-current reimbursement rates paid by the District to direct care service providers under the District of Columbia Medicaid State Plan or waivers thereof;
"(2) The total cost, including wages, that the direct care service provider incurred during the previous year in providing direct care services;
"(3) The additional operating support that the direct care service provider may need to allow it to pay its direct care professionals in accordance with the requirements of this section; and
"(4) Any other factor the Mayor considers relevant to the determination of the reimbursement rate.".
(c) Section 4 (D.C. Official Code § 4-2003) is repealed.
(d) A new section 4a is added to read as follows:
"Sec. 4a. Report to Council.
"The Mayor shall, by October 1, 2022, and each year thereafter, submit a written determination to the Council on the reimbursement rate to be provided to direct care service providers for the upcoming year pursuant to section 3.".
(e) Section 5 (D.C. Official Code § 4-2004) is amended as follows:
(1) Subsection (a) is amended to read as follow:
"(a) It shall not be a violation of this act for a direct care service provider to pay a direct care professional less than 117.6% of the District minimum wage pursuant to
"(1) Considers a direct care professional's qualified experience in the field and their demonstrated competency; and
"(2) Ensures that, on average, all direct care professionals were paid a wage that is equal to at least the greater of either 117.6% of the District minimum wage pursuant to
(2) Subsection (b) is amended by striking the phrase "Each year subsequent to the first year of payment, a service provider that received payment pursuant to section 3 the prior year shall demonstrate to DHCF that it paid its direct support professionals the proscribed hourly rate for that year as determined by section 4" and inserting the phrase "During Fiscal Year 2025 and each fiscal year thereafter, a direct care service provider reimbursed by the District at a rate established pursuant to this act shall demonstrate to the Mayor that it paid its direct care professionals a wage that, on average, is equal to at least the greater of either 117.6% of the District minimum wage pursuant to
(f) Section 6 (D.C. Official Code § 4-2005) is amended by striking the phrase "shall issue rules" and inserting the phrase "may issue rules" in its place.
(g) Section 7 is amended to read as follows:
"Sec. 7. Applicability.
"
SUBTITLE L. FLEXIBLE RENT SUBSIDY PILOT PROGRAM EXTENSION
Sec. 5111. Short title.
This subtitle may be cited as the "Flexible Rent Subsidy Pilot Program Extension Emergency Amendment Act of 2022".
Sec. 5112. Section 31c of the Homeless Services Reform Act of 2005, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 4-756.05), is amended as follows:
(a) Subsection (a) is amended by striking the phrase "rent for families" and inserting the phrase "rent for individuals and families" in its place.
(b) Subsection (b) is amended to read as follows:
"(b) The Department shall provide the subsidy to each participating individual or family via dedicated account, which shall be used solely to pay the individual's or family's monthly rent.".
(c) Subsection (c) is amended by striking the word "family" and inserting the phrase "individual or family" in its place.
(d) Subsection (e) is amended by striking the date "September 30, 2021." and inserting the date "September 30, 2026." in its place.
SUBTITLE M. SCHOOL BEHAVIORAL HEALTH PROGRAM IMPLEMENTATION AND FUNDING ANALYSIS
Sec. 5121. Short title.
This subtitle may be cited as the "School Behavioral Health Program Implementation and Funding Analysis Emergency Act of 2022".
Sec. 5122. Analysis of School Behavioral Health Program and costs.
(a) By December 31, 2022, the Department of Behavioral Health ("DBH") shall submit to the Mayor and Council a cost and program analysis ("Analysis") of DBH's School-Based Behavioral Health Expansion Program ("program"). The Analysis shall evaluate and determine:
(1) The adequacy of funding to date and the projected costs for the program related to:
(A) DBH-hired licensed independent clinical social workers ("LICSWs") working in public schools, including clinician salaries and benefits, retention incentives, supervision, and professional development; and
(B) Grants for community-based organizations ("CBOs") with which DBH contracts, including the role of Medicaid match and billing, clinician salaries and benefits, supervision, recruitment and retention incentives, and overhead operating costs of the CBO;
(2) The cost to DBH to support program infrastructure, including data collection, evaluation, and other functions determined necessary to support program implementation;
(3) The program infrastructure costs to support District of Columbia Public Schools ("DCPS"), District public charter schools, and the Office of the State Superintendent of Education ("OSSE") to fully implement the program, including:
(A) Technical assistance for schools and local education agencies;
(B) Data collection;
(C) The clinician matching process;
(D) School behavioral health coordinator positions; and
(E) Other functions necessary to support program implementation;
(4) Costs to expand Tier 1 and Tier 2 services through the hiring or use of non-clinical staff;
(5) The cost to operate and expand the Community of Practice program; and
(6) The cost to implement robust community engagement required to raise awareness of the program and support expanded utilization of Tier 3 treatment services and allow feedback on its effectiveness from affected parties.
(b) DBH shall develop the Analysis with input from the following District government agencies and public sector partnerships:
(1) The Coordinating Council on School Behavioral Health;
(2) OSSE;
(3) DCPS;
(4) The Public Charter School Board;
(5) Clinicians employed by DBH to work in District public schools as LICSWs; and
(6) Representatives of CBOs contracted by DBH to provide clinical school-based behavioral health services.
SUBTITLE N. WARDS 2 AND 3 SENIOR WELLNESS CENTER FEASIBILITY AND PLANNING TASK FORCE
Sec. 5131. Short title.
This subtitle may be cited as the "Wards 2 and 3 Senior Wellness Center Feasibility and Planning Task Force Emergency Amendment Act of 2022".
Sec. 5132. Title III of the District of Columbia Act on the Aging, effective October 29, 1975 (D.C. Law 1-24; D.C. Official Code § 7-503.01 et seq.), is amended by adding a new section 310 to read as follows:
"Sec. 310. Wards 2 and 3 Senior Wellness Center Feasibility and Planning Task Force.
"(a) There is established a Senior Wellness Center Feasibility and Planning Task Force ("Task Force"), that shall evaluate and comment on the feasibility study and planning of a Wards 2 and 3 senior wellness center. The Task Force shall advise and guide the Mayor, the Council, and the Department on the development of a new wellness center to serve residents of Wards 2 and 3 and review programs and services to address senior needs in those communities.
"(b) The Task Force shall be composed of:
"(1) One member representing the Department on Aging, appointed by the Mayor;
"(2) One member representing the Department of Health, appointed by the Mayor;
"(3) One member representing the Department of Parks and Recreation, appointed by the Mayor;
"(4) Two current ANC members representing Ward 2, appointed by the Ward 2 Councilmember;
"(5) Two current ANC members representing Ward 3, appointed by the Ward 3 Councilmember;
"(6) One member of the community residing in Ward 2, appointed by the Ward 2 Councilmember;
"(7) One member of the community residing in Ward 3, appointed by the Ward 3 Councilmember;
"(8) Two members of the community residing in Ward 2, appointed by the Council committee with oversight over matters concerned with services to the senior community ("Committee"); and
"(9) Two members of the community residing in Ward 3, appointed by the Committee.
"(c) The Chairperson of the Committee shall appoint:
"(1) A Chairperson of the Task Force with design and planning experience, preferably an architect;
"(2) One member representing the University of the District of Columbia;
"(3) Two members representing Wards 2 and 3 Senior Villages;
"(4) One member who is a current participant of social services in Ward 2; and
"(5) One member who is a current participant of senior programming sponsored by the Department of Parks and Recreation;
"(d) The members of the Task Force shall serve without compensation and shall either reside or work within the District.
"(e) The members of the Task Force shall serve 2-year terms.
"(f) The Task Force shall, at a minimum:
"(1) Conduct bi-monthly meetings to evaluate and be engaged in the planning and stages of development of a wellness center to serve residents of Wards 2 and 3;
"(2) Provide quarterly reports to the Committee, Mayor, and Department on the progress, findings, and recommendations from the meetings;
"(3) By December 31, 2024, the Task Force shall prepare a plan that:
"(A) Describes the state of the needs for the Wards 2 and 3 senior population, including a description of the food insecure, homebound, and isolated individuals by neighborhoods and demographics, root causes of the issues, and specific identifiable risks for the senior population, as well as descriptions of any subcategories and the unique needs of such subcategories;
"(B) Provides the Task Force's recommendations on the necessary space and facilities within the wellness center;
"(C) Identifies the Task Force's findings and recommendations on programming to serve the Wards 2 and 3 communities; and
"(D) Provides non-binding advisory approval of the design and planning of the project.".
TITLE VI. OPERATIONS AND INFRASTRUCTURE
SUBTITLE A. 11TH STREET BRIDGE PARK FUNDING
Sec. 6001. Short title.
This subtitle may be cited as the "11th Street Bridge Park Funding Emergency Amendment Act of 2022".
Sec. 6002. Section 8062 of the 11th Street Bridge Park Funding Limitations Act, effective October 22, 2015 (D.C. Law 21-36; 62 DCR 10905), is amended by striking the phrase "at least 50% of the total projected construction costs have been raised" and inserting the phrase "at least $35 million in construction costs has been raised" in its place.
SUBTITLE B. SIX-MONTH BUSINESS LICENSE
Sec. 6011. Short title.
This subtitle may be cited as the "Six-Month Business License Fee Emergency Amendment Act of 2022".
Sec. 6012. Chapter 28 of Title 47 of the District of Columbia Official Code is amended as follows:
(a) Section 47-2851.08 is amended as follows:
(1) Subsection (a) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
"(1) Except as provided in paragraph (1A) of this subsection, the Center shall collect the following fees for the issuance and endorsement of an initial license:
"(A) $70 for each initial 2-year basic business license it issues, plus $25 for each endorsement added to an initial 2-year basic business license;
"(B) $140 for each initial 4-year basic business license it issues, plus $25 for each endorsement added to an initial 4-year basic business license; and
"(C) $35 for each initial 6-month basic business license it issues, plus $12.50 for each endorsement added to an initial 6-month basic business license.".
(B) A new paragraph (1A) is added to read as follows:
"(1A) No issuance or endorsement fee shall be charged by the Center for an initial General Business license and endorsement under 17 DCMR § 516.1(c) or an initial Employment Services license and endorsement under 17 DCMR § 513.1(a), (b), and (c).".
(2) Subsection (b) is amended as follows:
(A) Paragraph (1) is amended to read as follows:
"(1) Except as provided in paragraph (1A) of this subsection, the Center shall collect the following fees for the issuance and endorsement of a renewal license:
"(A) $70 for each 2-year basic business renewal license it issues, plus $25 for each endorsement added to a 2-year basic business renewal license;
"(B) $140 for each 4-year basic business renewal license it issues, plus $25 for each endorsement added to a 4-year basic business renewal license; and
"(C) $35 for each 6-month basic business renewal license it issues, plus $12.50 for each endorsement added to a 6-month basic business renewal license.".
(B) A new paragraph (1A) is added to read as follows:
"(1A) No issuance or endorsement fee shall be charged by the Center for a General Business renewal license and endorsement under 17 DCMR § 516.1(c) or an Employment Services renewal license and endorsement under 17 DCMR § 513.1(a), (b), and (c).".
(b) Section 47-2851.09(a) is amended as follows:
(1) Paragraph (2) is amended by striking the phrase "The fee" and inserting the phrase "Except as otherwise provided in § 47-2851.08, the fee" in its place.
(2) A new paragraph (2A) is added to read as follows:
"(2A) In addition to the 2-year and 4-year licenses authorized by paragraph (2) of this subsection, the Center also may issue licenses that are valid for 6 months from the date of issue, unless earlier revoked or voluntarily relinquished.".
SUBTITLE C. CLIMATE CHANGE RESILIENCE FUNDING
Sec. 6021. Short title.
This subtitle may be cited as the "Climate Change Resilience Expenditure Authority Emergency Amendment Act of 2022".
Sec. 6022. Section 8(c)(1) of the Renewable Energy Portfolio Standard Act of 2004, effective April 12, 2005 (D.C. Law 15-340; D.C. Official Code § 34-1436(c)(1)), is amended by adding a new subparagraph (A-i) to read as follows:
"(A-i) Supporting projects or programs that increase climate change resilience in the District; provided, that each such project or program includes a solar energy component or uses solar energy generated in the District;".
SUBTITLE D. BOOT DAMAGE AND REMOVAL FINES
Sec. 6031. Short title.
This subtitle may be cited as the "Boot Damage and Removal Penalty Emergency Act of 2022".
Sec. 6032. Boot removal penalty.
(a) Any person who damages, destroys, or removes a vehicle boot without authorization of the Mayor shall be subject to a civil fine of at least $750.
(b) The Mayor, pursuant to
SUBTITLE E. GREEN FINANCE AUTHORITY BOARD
Sec. 6041. Short title.
This subtitle may be cited as the "Green Finance Authority Board Emergency Amendment Act of 2022".
Sec. 6042. The Green Finance Authority Establishment Act of 2018, effective August 22, 2018 (D.C. Law 22-155; D.C. Official Code § 8-173.01 et seq.), is amended as follows:
(a) Section 102(18) (D.C. Official Code § 8-173.02(18)) is amended to read as follows:
"(18) "Sustainable projects and programs" means clean energy, clean infrastructure, clean transportation, stormwater best management practices, energy efficiency, water efficiency, or green infrastructure projects and programs. The term "sustainable projects and programs" does not include:
"(A) Biomass, biofuel, nuclear, or waste-to-energy projects and programs; or
"(B) For applications received by the Authority after September 30, 2022, fossil fuel projects and programs.".
(b) Section 203 (D.C. Official Code § 8-173.23) is amended as follows:
(1) Paragraph (a)(2) is amended by striking the phrase "by the Mayor, one of whom shall be appointed by the Mayor as chair of the Board," and inserting the phrase "by the Mayor" in its place.
(2) A new subsection (a-1) is added to read as follows:
"(a-1) The voting members of the Board shall elect, by a majority vote, one of the voting members to serve as chairperson of the Board.".
(c) Section 204(c) (D.C. Official Code § 8-173.24(c)) is amended by striking the phrase "5 voting" and inserting the phrase "4 voting" in its place.
SUBTITLE F. SUSTAINABLE ENERGY TRUST FUND
Sec. 6051. Short title.
This subtitle may be cited as the "Sustainable Energy Trust Fund Emergency Amendment Act of 2022".
Sec. 6052. Section 210 of the Clean and Affordable Energy Act of 2008, effective October 22, 2008 (D.C. Law 17-250; D.C. Official Code § 8-1774.10), is amended as follows:
(a) Subsection (b)(2) is amended as follows:
(1) Subparagraph (F) is amended by striking the semicolon and inserting the phrase "; and" in its place.
(2) Subparagraph (G) is amended by striking the semicolon and inserting the phrase "and each year thereafter." in its place.
(3) Subparagraph (H) is repealed.
(4) Subparagraph (I) is repealed.
(5) Subparagraph (J) is repealed.
(6) Subparagraph (K) is repealed.
(7) Subparagraph (L) is repealed.
(8) Subparagraph (M) is repealed.
(9) Subparagraph (N) is repealed.
(10) Subparagraph (O) is repealed.
(11) Subparagraph (P) is repealed.
(12) Subparagraph (Q) is repealed.
(b) Subsection (c) is amended as follows:
(1) Paragraph (17) is amended striking the phrase "; and" and inserting a semicolon in its place.
(2) Paragraph (18) is amended by striking the period and inserting a semicolon its place.
(3) New paragraphs (19), (20), (21), and (22) are added to read as follows:
"(19) Projects and programs intended to increase climate change resilience in the District through the use of sustainable energy resources, including infrastructure and structural improvements and energy storage devices or equipment;
"(20) Implementation of the Climate Commitment Act of 2021, as introduced on May 24, 2021 (Bill 24-267) ;
"(21) Implementation of the Clean Energy DC Building Code Amendment Act of 2021, as introduced on October 1, 2021 (Bill 24-420) ; and
"(22)(A) In Fiscal Years 2023, 2024, and 2025, awarding at least $600,000 per year in grants supporting the installation of energy storage systems connected to renewable energy generation systems in the District.
"(B) The grantor shall allocate the awarded grants as follows:
"(i) At least $500,000 per year for commercial systems; and
"(ii) At least $100,000 per year for residential systems.
"(C) Grants provided under this paragraph shall offset:
"(i) For commercial systems:
"(I) In FY 2023, at least 30%, but not more than 40%, of the purchase price of an energy storage system;
"(II) In FY 2024, at least 25%, but not more than 40%, of the purchase price of an energy storage system; and
"(III) In FY 2025, at least 20%, but not more than 40%, of the purchase price of an energy storage system; and
"(ii) For residential systems, up to 90% of the purchase price of an energy storage system, up to $20,000 per award.
"(D) In selecting grant recipients, the grantor shall include a preference for energy storage systems connected to solar installations supported by the Solar for All Program or connected to a facility that supports the District's resilience action plans and strategies. The grantor shall also include a preference for District-based organizations and companies. For residential properties, the grantor shall include a preference for homeowners who demonstrate financial hardship.
"(E) For the purposes of this paragraph, the term "grantor" means DOEE or the Sustainable Energy Utility.".
SUBTITLE G. MOTOR VEHICLE REGISTRATION FEES
Sec. 6061. Short title.
This subtitle may be cited as the "Motor Vehicle Registration Fee Emergency Amendment Act of 2022".
Sec. 6062. Section 3(b) of Title IV of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 681; D.C. Official Code § 50-1501.03(b)), is amended as follows:
(a) Paragraph (1) is amended to read as follows:
"(1)(A) Class A. — For each passenger vehicle, including a motor vehicle classified by the Mayor or his or her designated agent as a class F(I) historic motor vehicle that meets the criteria established under section 1(10A), except for passenger vehicles licensed under
| Weight Class Registration Fee | |
| Class I (3,499 pounds or less) | $72 |
| Class II (3,500 — 4,499 pounds) | $175 |
| Class III (5,000 — 5,999 pounds) | $250 |
| Class IV (6,000 or greater) | $500 |
| Class V (A new electric vehicle, other than a motorcycle and motorized bicycle) (This provision shall only apply to the first 2 years of the vehicle's registration, after which the vehicle shall be treated as a Class I, Class II, or Class III, Class IV, whichever is applicable.) | $36 |
"(B) As of October 1, 2023, an electric vehicle may subtract 1,000 pounds from its manufacturer's shipping weight for the purposes of this paragraph.
"(C) Class IV shall only apply after September 30, 2023.".
(b) Paragraph (2) is amended to read as follows:
"(2)(A) Class B. — For each commercial vehicle, tractor, and passenger carrying vehicle for hire, including vehicles licensed under D.C. Official Code § 47-2829, based upon the manufacturer's shipping weight, as follows:
| Weight Class Registration Fee | |
| Class I (3,499 pounds or less) | $125 |
| Class II (3,500 — 4,499 pounds) | $175 |
| Class III (5,000 — 6,999 pounds) | $250 |
| Class IV (7,000 — 9,999 | $500 |
| Class V (10,000 pounds or greater) | $700 plus $50 per each additional 1,000 pounds over 10,000 pounds |
"(B) As of October 1, 2023, an electric vehicle may subtract 1,000 pounds from its actual weight for the purposes of this paragraph.".
(c) Paragraph (3) is amended to read as follows:
"(3) Class C. — For each trailer, based upon the manufacturer's shipping weight, as follows:
| Weight Class Registration Fee | |
| Class I (1,499 pounds or less) | $50 |
| Class II (1,500 — 3,499 pounds) | $150 |
| Class III (3,500 — 4,999 pounds) | $275 |
| Class IV (5,000 — 6,999 pounds) | $500 |
| Class V (7,000 — 9,999 pounds) | $700 |
| Class VI (10,000 pounds or greater) | $850 plus $75 per each additional 1,000 pounds over 10,000 pounds |
SUBTITLE H. VISION ZERO AMENDMENTS
Sec. 6071. Short title.
This subtitle may be cited as the "Vision Zero Emergency Amendment Act of 2022".
Sec. 6072. Section 103(b) of the Safety-Based Traffic Enforcement Amendment Act of 2012, effective May 1, 2013 (D.C. Law 19-307; D.C. Official Code § 50-2209.11(b)), is amended to read as follows:
"(b)(1)(A) By January 1, 2023, the Mayor shall have operating at least:
"(i) 40 red light automated enforcement cameras;
"(ii) 80 speed automated enforcement cameras; and
"(iii) 6 stop sign automated enforcement cameras.
"(B) By January 1, 2024, the Mayor shall have operating at least:
"(i) 67 red light automated enforcement cameras;
"(ii) 267 speed automated enforcement cameras;
"(iii) 29 stop sign automated enforcement cameras; and
"(iv) 20 bus lane automated enforcement cameras.".
"(2) The Director of the District Department of Transportation, having evaluated the effectiveness of each camera type, shall have the authority to alter the number of cameras required under paragraph (1) of this subsection; provided, that the Director shall provide the Council with written notice, including a rationale, for any alteration that would decrease the number of cameras of a particular camera type below the number required under paragraph (1) of this subsection.".
Sec. 6073. Section 14 of the Vision Zero Enhancement Omnibus Amendment Act of 2020, effective December 23, 2020 (D.C. Law 23-158; 67 DCR 13057), is amended by striking the phrase "9, 10, and" and inserting the phrase "9, and" in its place.
SUBTITLE I. VISITOR PARKING PASS ACCESS
Sec. 6081. Short title.
This subtitle may be cited as the "Extended Visitor Parking Pass Eligibility Emergency Amendment Act of 2022".
Sec. 6082. Section 2414.12 of Title 18 of the District of Columbia Municipal Regulations (18 DCMR § 2414.12), is amended to read as follows:
"2414.12. Notwithstanding subsections 2414.4 and 2414.9:
"(a) Any annual visitor parking permit valid through December 31, 2020, shall expire December 31, 2022.
"(b)(1) DDOT shall make available a physical visitor parking pass to eligible residents at no cost, which shall be valid until December 31, 2022.
"(2) A resident shall be considered eligible for a visitor parking pass under this paragraph when the resident complies with subsection 2414.5 and certifies to DDOT that they do not currently possess a visitor parking pass for calendar year 2020.".
SUBTITLE J. FAST FERRY SERVICE GRANT
Sec. 6091. Short title.
This subtitle may be cited as the "Fast Ferry Grant Emergency Act of 2022".
Sec. 6092. In Fiscal Year 2023, the District Department of Transportation ("DDOT") shall award a grant of not less than $50,000 to a regional transportation system supporting efforts to establish M-495 Commuter Fast Ferry Service on the Occoquan, Potomac, and Anacostia River system. A grant awarded pursuant to this paragraph shall be in addition to any other grant awarded by DDOT for fast ferry service.
SUBTITLE K. DEPARTMENT OF BUILDINGS TECHNICAL CORRECTIONS
Sec. 6101. Short title.
This subtitle may be cited as the "Department of Buildings Technical Corrections Emergency Amendment Act of 2022".
Sec. 6102. Section 6(b) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.03(b)), is amended as follows:
(a) Paragraph (2) is amended by striking the phrase "Department of Consumer and Regulatory Affairs," and inserting the phrase "Department of Buildings," in its place.
(b) A new paragraph (2A) is added to read as follows:
"(2A) Department of Licensing and Consumer Protection;".
Sec. 6103. Section 5a(c) of An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes, effective August 15, 2008 (D.C. Law 17-216; D.C. Official Code § 42-3131.05a(c)), is amended to read as follows:
"(c) A courtesy copy of a notice provided pursuant to subsection (a) of this section shall be mailed or electronically mailed to the Advisory Neighborhood Commission in which the vacant building is located and the status of the building's designation shall be posted on an internet website maintained by the Department of Buildings that is accessible to the public. The courtesy copy required by this subsection shall not be construed to satisfy, nor be construed as necessary to satisfy, the requirements of subsection (a) of this section that notice be properly served by mail.".
SUBTITLE L. THIRD-PARTY INSPECTION PLATFORM
Sec. 6111. This subtitle may be cited as the "Third-Party Inspection Platform Emergency Amendment Act of 2022".
Sec. 6112. Section 6d(f) of the Construction Codes Approval and Amendments Act of 1986, effective June 25, 2002 (D.C. Law 14-162; D.C. Official Code § 6-1405.04(f)), is amended to read as follows:
"(f) The Department may establish an online platform that may, at the Director's discretion, serve as the exclusive mechanism by which an individual or entity may hire a third-party inspector to perform an inspection authorized by this section. The Department may charge a fee for the use of the online platform by an individual or entity and by a third-party inspector, which shall not exceed 5% of the total cost of the third-party inspection plus the cost of any credit card or automated clearing house (known as ACH) processing fees.".
TITLE VII. FINANCE AND REVENUE
SUBTITLE A. DISTRICT INTEGRATED FINANCIAL SYSTEM
Sec. 7001. Short title.
This subtitle may be cited as the "District Integrated Financial System Implementation Emergency Amendment Act of 2022".
Sec. 7002. Chapter 3 of Title 47 of the District of Columbia Official Code is amended as follows:
(a) Section 47-355.05 is amended as follows:
(1) Subsection (a-1) is amended as follows:
(A) Strike the phrase "Agency Financial Officer ("AGO")" and insert the phrase "Agency Fiscal Officer ("AFO")" in its place.
(B) Strike the phrase "AGO's agency" and insert the phrase "AFO's agency" in its place.
(C) Strike the phrase "AGO's analysis" and insert the phrase "AFO's analysis" in its place.
(2) Subsection (e) is amended as follows:
(A) Paragraph (1) is amended as follows:
(i) Subparagraph (A) is amended by striking the semicolon and inserting the phrase "; and" in its place.
(ii) Subparagraph (B) is repealed.
(B) The lead-in language of paragraph (2)(A) is amended by striking the phrase ", intra District transfer, or other" and inserting the phrase "or other" in its place.
(b) Section 47-361 is amended as follows:
(1) A new paragraph (7A) is added to read as follows:
"(7A) "Interagency project" means a project in the District's financial system that has funds budgeted in one District agency that are segregated for use for a particular purpose by another District agency, pursuant to an agreement between the agency and the other agency.".
(2) Paragraph (8) is repealed.
(3) Paragraph (14) is amended by striking the period at the end and inserting the phrase "; provided further, that for an interagency project, the term "reprogramming" means a budget modification of $500,000 or more for purposes other than those originally authorized that results in an offsetting reallocation of budget authority from one program to another program."
(c) Section 47-368.06(a) is amended by striking the phrase "an intra-District transfer, a memorandum of understanding, or a reprogramming" and inserting the phrase "a memorandum of understanding or a reprogramming" in its place.
Sec. 7003. The Purchase Card Program Budgeting Act of 2017, effective December 13, 2017 (D.C. Law 22-33; 64 DCR 7652), is repealed.
SUBTITLE B. EARNED INCOME TAX CREDIT EXPANSION
Sec. 7011. Short title.
This subtitle may be cited as the "Earned Income Tax Credit Expansion Emergency Amendment Act of 2022".
Sec. 7012. Section 47-1806.04(f)(1) of the District of Columbia Official Code is amended by adding a new subparagraph (D) to read as follows:
"(D)(i) If a return is filed for a full calendar or fiscal year beginning after December 31, 2022, an individual, with or without a qualifying child, who is a resident of the District but is not a citizen or resident alien of the United States, who would otherwise be allowed an earned income tax credit under section 32 of the Internal Revenue Code of 1986 but for the fact that the individual is not a citizen or resident alien of the United States, shall be allowed a credit against the tax imposed by this chapter for the taxable year in the same amounts and to the same extent as provided in this subsection.
"(ii) For taxable years beginning after December 31, 2022, an individual who would otherwise be allowed a federal earned income tax credit but for the requirement of section 32(m) of the Internal Revenue Code of 1986 shall be allowed a credit against the tax imposed by this chapter for the taxable year in the same amounts and to the same extent as provided in this subsection, the form of any such return shall be prescribed by the Chief Financial Officer; except, that an individual taxpayer identification number issued by the Internal Revenue Service shall be permitted for the individual, the individual's spouse, or any qualifying child claimed on the return.".
SUBTITLE C. CAPITAL FUNDING
Sec. 7021. Short title.
This subtitle may be cited as the "Capital Improvements Program Funding Emergency Amendment Act of 2022".
Sec. 7022. Section 47-392.02(f)(2) of the District of Columbia Official Code is amended by striking the phrase "transfer of local or dedicated funds to the CIP of" and inserting the phrase "transfer to or inclusion in the CIP of local funds, dedicated funds, or federal funds received by the District government pursuant to the Infrastructure Investment and Jobs Act, approved November 15, 2021 (Pub. L. No. 117-58; 135 Stat. 429), in the amount of" in its place.
SUBTITLE D. DISTRICT UNEMPLOYMENT FUND FUNDING
Sec. 7031. Short title.
This subtitle may be cited as the "District Unemployment Fund Funding Emergency Amendment Act of 2022".
Sec. 7032. The lead-in language of section 47-392.02(j-5) of the District of Columbia Official Code is amended as follows:
(a) Strike the phrase "Comprehensive Annual Financial Report" and insert the phrase "Annual Comprehensive Financial Report" in its place.
(b) Strike the phrase "following purposes" and insert the phrase "following purposes; except, that at the close of Fiscal Year 2022, $113 million of such additional uncommitted amounts instead shall be transferred to the District Unemployment Fund, established by § 51-102" in its place.
SUBTITLE E. GROSS INCOME EXCLUSION
Sec. 7041. Short title.
This subtitle may be cited as the "Gross Income Exclusion Emergency Amendment Act of 2022".
Sec. 7042. Section 47-1803.02(a)(2) of the District of Columbia Official Code is amended as follows:
(a) Subparagraph (JJ) is amended by striking the phrase "ending before January 1, 2023" and inserting the phrase "ending before January 1, 2024" in its place.
(b) New subparagraphs (RR) through (WW) are added to read as follows:
"(RR) Grants awarded pursuant to § 1-328.04(w).
"(SS) Grants awarded pursuant to § 1-328.04(x).
"(TT) Funding received by a taxpayer from the District Department of the Environment or the District of Columbia Sustainable Energy Utility to incentivize solar installations benefiting low-income residents pursuant to the Solar for All Program, established by § 8-1774.16.
"(UU) Grants issued pursuant to § 8-1774.10(c)(22).
"(VV) Rebates issued pursuant to section 5a of the Public Access to Automated External Defibrillator Act of 2000, passed on emergency basis on June 7, 2022 (Enrolled version of Bill 24-845).
"(WW) Lump-sum payments an individual receives from the early educator pay parity program created and implemented pursuant to § 1-325.431(c)(1A).".
Sec. 7043. Applicability.
This subtitle shall apply as of January 1, 2022.
SUBTITLE F. REAL PROPERTY TAX INCREASE LIMIT FOR SENIORS AND INDIVIDUALS WITH DISABILITIES
Sec. 7051. Short title.
This subtitle may be cited as the "Seniors and Individuals with Disabilities Real Property Tax Increase Limit Emergency Amendment Act of 2022".
Sec. 7052. Section 47-864 of the District of Columbia Official Code is amended as follows:
(a) Subsection (b)(1) is amended as follows:
(1) Subparagraph (A)(ii) is amended by striking the phrase "the multiplier shall be 105%" and inserting the phrase "the multiplier shall be 102%" in its place.
(2) Subparagraph (B)(i) is amended by striking the phrase "the multiplier shall be 105%" and inserting the phrase "the multiplier shall be 102%" in its place.
(b) Subsection (g) is amended by striking the phrase "exceeding 105% up to 110%" and inserting the phrase "exceeding 102% up to 110%" in its place.
SUBTITLE G. RULE 736 REPEALS
Sec. 7061. Short title.
This subtitle may be cited as the "Rule 736 Repeals Emergency Amendment Act of 2022".
Sec. 7062. The Senior Dental Services Program Act of 2018, effective June 5, 2018 (D.C. Law 22-108; 65 DCR 3806), is repealed.
Sec. 7063. Sections 4 and 7a of the Ensuring Community Access to Recreational Spaces Act of 2018, effective February 22, 2019 (D.C. Law 22-210; 65 DCR 12598), are repealed.
Sec. 7064. The Senior Strategic Plan Amendment Act of 2018, effective March 28, 2019 (D.C. Law 22-267; 66 DCR 1428), is repealed.
SUBTITLE H. DISABLED VETERANS HOMESTEAD EXEMPTION
Sec. 7071. Short title.
This subtitle may be cited as the "Disabled Veterans Homestead Exemption Emergency Amendment Act of 2022".
Sec. 7072. Section 47-850 of the District of Columbia Official Code is amended as follows:
(a) Subsection (a) is amended by striking the phrase "For purposes" and inserting the phrase "Except as provided in subsection (a-1) of this section, for purposes" in its place.
(b) A new subsection (a-1) is added to read as follows:
"(a-1)(1) For purposes of levying the real property tax during a tax year, the Mayor shall deduct from the assessed value of real property that qualifies for the homestead deduction and is owned by a veteran the amount of $445,000; provided, that the:
"(A) Veteran has been classified by the United States Department of Veterans Affairs as having a total and permanent disability as a result of a service-incurred condition or service-aggregated condition or is paid at the 100% disability rating level as a result of unemployability; and
"(B) Veteran's household is an eligible household as defined in § 47-863(a)(1A)(A); except, that § 47-863(a)(1A)(A)(iii)(I)(aa) and (II) shall not apply.
"(2) The deduction shall be apportioned equally between each installment during a tax year and shall not be carried forward or carried back.
"(3)(A) To qualify for and receive the deduction provided pursuant to this subsection, the veteran, or the veteran's legal guardian, attorney-in-fact, or other legal representative, shall complete and file with the District of Columbia Office of Veterans Affairs an application, in a form prescribed by the Mayor, that includes a statement that the veteran meets the requirements set forth in paragraph (1) of this subsection, and complies with other requirements as set forth in this section.
"(B) The District of Columbia Office of Veterans Affairs shall timely and routinely certify to the Office of Tax and Revenue that the veteran meets the disability requirements for the deduction provided pursuant to this subsection.".
(c) New subsections (f) and (g) are added to read as follows:
"(f)(1) Except for subsection (a) of this section, for the purposes of this section and §§ 47-850.02, 47-850.03, and 47-850.04, the deduction provided pursuant to subsection (a-1) of this section shall be deemed a homestead deduction.
"(2) Notwithstanding §§ 47-863 and 47-864, a real property receiving the deduction provided pursuant to subsection (a-1) of this section shall not receive the credit under § 47-864 or the deduction under § 47-863.".
Sec. 7073. Section 47-864(e) of the District of Columbia Official Code is amended to read as follows:
"(e) Notwithstanding any other provision of this chapter, if the current tax year's taxable assessment of a real property receiving the homestead deduction under § 47-850(a) or § 47-850.01 is less than 40% of the current tax year's assessed value, the current tax year's taxable assessment for purposes of this section, § 47-850(a), and § 47-850.01 shall be 40% of the current tax year's assessed value, the real property shall be taxed for purposes of § 47-813 on such taxable assessment, and there shall be no credit under this section.".
SUBTITLE I. DOWNTOWN HOUSING TAX ABATEMENTS
Sec. 7081. Short title.
This subtitle may be cited as the "Tax Abatements for Housing in Downtown Emergency Amendment Act of 2022".
Sec. 7082. Chapter 8 of Title 47 of the District of Columbia Official Code is amended as follows:
(a) The table of contents is amended by adding new section designations to read as follows:
47-860.01. Tax abatements for housing in downtown – Definitions.
47-860.02. Tax abatements for housing in downtown – Requirements.
47-860.03. Tax abatements for housing in downtown – Abatement period and caps.
47-860.04. Tax abatements for housing in downtown – Rules.
(b) New sections 47-860.01 through 47-860.04 are added to read as follows:
"Sec. 47-860.01. Tax abatements for housing in downtown – Definitions.
" For the purposes of §§ 47-860.01 through 47-860.04, the term:
"(1) "Certified business enterprise" means a business enterprise or joint venture certified pursuant to Subchapter IX-A of Chapter 2 of Title 2.
"(2) "Eligible area" means:
"(A) The geographic area bounded by a line starting at the intersection of the center line of Massachusetts Avenue, N.W., and the center of Dupont Circle, N.W.; continuing southeast along the center line of Massachusetts Avenue, N.W., to the center line of North Capitol Street, N.W.; continuing south along the center line of North Capitol Street, N.W., to the center line of Constitution Avenue, N.W.; continuing west along the center line of Constitution Avenue, N.W., to the center line of 15th Street, N.W.; continuing north along the center line of 15th Street, N.W. to the center line of Pennsylvania Avenue, N.W.; continuing west along the center line of Pennsylvania Avenue, N.W., to the center of Washington Circle, N.W.; continuing northeast along the center line of New Hampshire Avenue N.W., to, and terminating at, the intersection of the center line of Massachusetts Avenue, N.W., and the center of Dupont Circle, N.W. (the starting point); and
"(B) Any other portion of the central business district designated by the Mayor.
"(3) "First Source Agreement" means an agreement with the District government governing certain obligations pursuant to § 2-219.03 and Mayor's Order 83-265, dated November 9, 1983, regarding job creation and employment.
"(4) "Inclusionary Zoning Program" means the provisions of Subchapter II-A of Chapter 10 of Title 6 ("Inclusionary Zoning Act"), and Chapter 10 of Title 11-C of the District of Columbia Municipal Regulations (11-C DCMR § 1000.1 et seq.), and the regulations and administrative issuances promulgated under the Inclusionary Zoning Act.
"(5) "Median family income" has the meaning set forth in § 6-1041.01(5).
"Sec. 47-860.02. Tax abatements for housing in downtown – Requirements.
"(a) Subject to § 47-860.03, the Mayor may approve a tax abatement, in an amount calculated pursuant to § 47-860.03(a), for real property in an eligible area if:
"(1) There is a change in use of the real property resulting in the development of at least 10 housing units.
"(2) At least 15% of the housing units ("affordable housing units") developed or redeveloped on the real property are affordable to households earning 60% or less of the median family income for a period of at least 20 years.
"(3) The affordable housing units are designed and administered in accordance with the requirements of the Inclusionary Zoning Program.
"(4) The property owner files a covenant in the land records of the District, binding on the owner and all of its successors, covenanting to comply with the requirements of paragraphs (1) and (2) of this subsection.
"(5) The property owner, or its designee or assignee, enters into an agreement with the District government that requires the owner, or its designee or assignee, to, at a minimum, contract with certified business enterprises for at least 35% of the contract dollar volume of the construction and operations of the project, in accordance with § 2-218.46.
"(6) The property owner, or its designee or assignee, executes a First Source Agreement for the construction and operation of the project.
"(7) The property owner, or its designee or assignee, requests a letter from the Mayor stating that the proposed development or redevelopment project is eligible for the tax abatement, setting forth the expected amount of the abatement, as determined pursuant to § 47-860.03(a), and reserving that amount for the project.
"(8) The Mayor transmits to the owner the eligibility and reservation letter requested under paragraph (7) of this subsection, subject to such conditions as may be imposed by the Mayor and subject to the adjustment of the abatement amount based on the certifications provided for in § 47-860.03(a), the abatement cap set forth in § 47-860.03(b), and subsection (d) of this section.
"(b) The Mayor shall, as nearly as practicable, review requests for eligibility and reservation letters in the order in which each completed request is received.
"(c) The Mayor shall transmit to the Office of Tax and Revenue a copy of each eligibility and reservation letter transmitted by the Mayor to an owner pursuant to subsection (a)(8) of this section.
"(d) A tax abatement shall not be provided for a property for which an eligibility and reservation letter was transmitted by the Mayor pursuant to subsection (a)(8) of this section if the project based upon which the eligibility and reservation letter was issued has not received a certificate of occupancy within 18 months after the date the eligibility and reservation letter was transmitted; provided, that the Mayor may, in the Mayor's sole discretion, extend the 18-month period for up to 6 months if the project's construction has reached grade within the 18-month period, as certified by the project architect and the Mayor.
"(e) After the completion of a project for which an eligibility and reservation letter was issued, the Mayor shall, if the conditions set forth in this section and the eligibility and reservation letter have been met, and subject to the abatement cap set forth in § 47-860.03(b), issue to the property owner a certification of tax abatement, subject to such conditions as the Mayor may impose. The certification of tax abatement shall set forth the annual dollar amount of the tax abatement and the time period for which the tax abatement is awarded. The Mayor shall transmit a copy of the certification of tax abatement to the Office of Tax and Revenue.
"Sec. 47-860.03. Tax abatements for housing in downtown – Abatement period and caps.
"(a) For each property for which a certification of tax abatement was issued under § 47-860.02(e), the real property tax imposed by § 47-811 shall be abated in an annual amount, as determined by the Mayor, per residential FAR square foot of real property multiplied by the building's total residential FAR square footage as certified by the project architect and the Mayor; provided, that:
"(1) The tax abatement shall begin in the tax year in which a certificate of occupancy is issued for the property and shall expire at the end of the 20th tax year after the tax year in which a certificate of occupancy is issued for the property; and
"(2)(A) A property shall cease to receive the abatement if during the period of the tax abatement the Mayor determines that the property is no longer eligible for the abatement. If the Mayor makes such a determination, the Mayor shall transmit to the property owner and the Office of Tax and Revenue a letter of termination, setting forth the reason for the termination and the date on which the termination took, or shall take, effect. A property shall no longer be eligible for the tax abatement if it no longer contains 10 housing units, is in noncompliance with § 47-860.02(a)(1) or (2), is in noncompliance with any conditions set forth in the certification of tax abatement, or for any reason set forth by the Mayor by rule.
"(B) If the Mayor determines that a property is no longer eligible for the abatement, the Mayor may, in his or her sole discretion, provide the property owner a period to cure the property's ineligibility and, if during the period to cure, the owner cures the property's ineligibility, the Mayor may, subject to subsection (b) of this section, restore the tax abatement; provided, that the tax abatement shall not be provided for the period during which the property was ineligible, and the period of cure shall not toll the 20-year period set forth in paragraph (1) of this subsection.
"(C) If the Mayor restores a tax abatement under this subsection, the Mayor shall transmit a letter of restoration to the property owner and the Office of Tax and Revenue, setting forth the date on which the restoration took, or shall take, effect.
"(b) The amount of tax abatements the Mayor may approve or certify under § 47-860.02 and restore under subsection (a)(2) of this section shall be capped at the following amounts, subject to the availability of funding:
"(1) For Fiscal Years 2024, 2025, and 2026, up to $2.5 million;
"(2) For Fiscal Year 2027, up to $6.8 million; and
"(3) For each succeeding fiscal year after Fiscal Year 2027, an amount equal to 104% of the prior year's cap.
"Sec. 47-860.04. Tax abatements for housing in downtown – Rules.
"The Mayor shall, pursuant to Subchapter I of Chapter 5 of Title 2, issue rules to implement §§ 47-860.01 through 47-860.03.".".
SUBTITLE J. PENN BRANCH REDEVELOPMENT PROJECT
Sec. 7091. Short title.
This subtitle may be cited as the "Square 5539 Tax Abatement Emergency Amendment Act of 2022".
Sec. 7092. Chapter 46 of Title 47 of the District of Columbia Official Code is amended as follows:
(a) The table of contents is amended by adding a new section designation to read as follows:
47-4675. Lots 835 and 840 in Square 5539.
(b) A new section 47-4675 is added to read as follows:
"Sec. 47-4675. Lots 835 and 840 in Square 5539.
"(a) The real property tax imposed on Lots 835 and 840 in Square 5539 ("Property") by Chapter 8 of this title shall be abated by the amount set forth in subsection (b) of this section, for the period of time set forth in subsection (c) of this section; provided, that:
"(1) The Property is developed with a project consisting of approximately 170,000 square feet of multi-family residential housing and accessory parking, with approximately 180 to 200 rental housing units ("Project");
"(2) 80% of the rental housing units in the Project are affordable to and set aside for households earning an average of 80% or less of the median family income for the period of time set forth in subsection (c) of this section;
"(3) At least 10% of the rental housing units in the Project are affordable to and set aside for households earning 60% or less of the median family income for the period of time set forth in subsection (c) of this section;
"(4) The developer of the Project contracts with certified business enterprises for at least 35% of the contract dollar volume for the construction of the Project;
"(5) For the duration of the period set forth in subsection (c) of this section, the operator of the Project contracts with certified business enterprises for at least 35% of the contract dollar volume for the operation of the Project; and
"(6) The owner of the Property files a covenant in the land records of the District, binding on the owner and all successors in interest with respect to the Property, to require compliance with paragraphs (2), (3), (4), and (5) of this subsection.
"(b) The amount of the tax abatement provided by subsection (a) of this section shall be:
"(1) For the first tax year during which the tax abatement applies, as provided in subsection (c) of this section, $362,000; and
"(2) For the second tax year during which the tax abatement applies and each subsequent tax year until the end of the period set forth in subsection (c) of this section, 103% of the prior year's abatement amount.
"(c)(1) The tax abatement provided for by this section shall begin on the first day of the tax year after the tax year during which a certificate of occupancy is issued for the Project or on October 1, 2025, whichever is later, and shall continue in effect for 40 tax years.
"(2)(A) By December 31 of each tax year of the abatement period set forth in paragraph (1) of this subsection, the Mayor shall certify to the Office of Tax and Revenue the Property's eligibility for the abatement provided pursuant to this section.
"(B) If at any time the Mayor determines that the Property has become ineligible for the abatement provided pursuant to this section, the Mayor shall notify the Office of Tax and Revenue of the Property's ineligibility and shall specify the date that the Property became ineligible.
"(d) For the purposes of this section, the term:
"(1) "Certified business enterprise" means a business enterprise or joint venture certified pursuant to Subchapter IX-A of Chapter 2 of Title 2.
"(2) "Median family income" has the meaning set forth in § 6-1041.01(5).
"(e) The Mayor, pursuant to Subchapter I of Chapter 5 of Title 2, may issue rules to implement this section.".
SUBTITLE K. COMMUNITY FOR CREATIVE NON-VIOLENCE REAL PROPERTY TAX RELIEF
Sec. 7101. Short title.
This subtitle may be cited as the "Community for Creative Non-Violence Real Property Tax Relief Emergency Act of 2022".
Sec. 7102. The Council of the District of Columbia orders that all real property taxes, interest, penalties, fees, and other related charges assessed against Lots 8, 29, 30, 33, 34, 35, 806, 807, 808, 809, 812, and 813 in Square 571 for the tax year beginning October 1, 1993, and ending September 30, 1994, be forgiven and that any payments made for this period be refunded to the person who made the payments.
Sec. 7103. Applicability.
This subtitle shall apply as of August 15, 2022.
SUBTITLE L. SO OTHERS MIGHT EAT (SOME) TAX ABATEMENT
Sec. 7111. Short title.
This subtitle may be cited as the "Affordable Housing Opportunities, Inc. Tax Abatement Emergency Amendment Act of 2022".
Sec. 7112. Section 47-1078(a)(2) of the District of Columbia Official Code is amended as follows:
(a) Subparagraph (J) is amended by striking the phrase "; and" and inserting a semicolon in its place.
(b) Subparagraph (K) is amended by striking the period and inserting a semicolon in its place.
(c) New subparagraphs (L) and (M) are added to read as follows:
"(L) Lots 808, 809, 7000, 7001, 7003, 7004, 7005, 7007, 7010, and 7012, Square 5139, located at 4414 and 4430 Benning Road, N.E., effective November 1, 2015; and
"(M) Lots 2003, 2004, and 2005, Square 5139, located at 4414, 4420, and 4430 Benning Road, N.E., effective October 1, 2018.".
Sec. 7113. The Council of the District of Columbia orders that all recordation and transfer taxes, interest, and penalties assessed or assessable, and other tax-related charges assessed with respect to documents recorded, including document numbers 2015110106, 2015110107, 2015110108, 2015110109, 2015110119, 2015110130, 2015110133, 2015110134, 2015110137, 2018054086, 2018054087, 2018054090, 2018066828, 2018066829, and 2018066830, concerning the property located at 4414 and 4430 Benning Road, N.E., known for tax and assessment purposes as Lots 808, 809, 7000, 7001, 7003, 7004, 7005, 7007, 7010, and 7012, Square 5139, and 4414, 4420, and 4430 Benning Road, N.E., known for tax and assessment purposes as Lots 2003, 2004, and 2005, Square 5139 beginning October 28, 2015, through the end of the month following the effective date of this act be forgiven and that any payments made for this period be refunded.
Sec. 7114. Applicability.
This subtitle shall apply as of August 15, 2022.
SUBTITLE M. EVENTS DC
Sec. 7121. Short title.
This subtitle may be cited as the "Events DC Grantmaking Emergency Act of 2022".
Sec. 7122. National Cherry Blossom Festival fundraising.
(a) There is established a matching grant program to support the 2023 National Cherry Blossom Festival ("Program"), which shall be administered by the Washington Convention and Sports Authority ("Events DC"). Under the Program, a matching grant shall be awarded to a nonprofit organization that organizes and produces an event or events as part of the official, month-long National Cherry Blossom Festival ("Festival") at a rate of $2 for every dollar that the organization has raised in corporate donations by April 30, 2023; except, that the total matching grant shall not exceed $1.5 million.
(b) In Fiscal Year 2023, of the funds allocated to the Non-Departmental Account,
$1.5 million shall be transferred to Events DC to use for the grant authorized by subsection (a) of this section.
(c) A grant awarded pursuant to this section shall be in addition to any other grant awarded by Events DC in support of the Festival.
Sec. 7123. District history grant.
(a) There is established a grant program to support historical research, which shall be administered by the Washington Convention and Sports Authority ("Events DC"). Under the Program, a grant shall be awarded to a nonprofit organization occupying space in the Carnegie Library building that is engaged in collecting, interpreting, and sharing the history of the District.
(b) In Fiscal Year 2023, of the funds allocated to the Non-Departmental Account, $300,000 shall be transferred to Events DC to use for the grant authorized by subsection (a) of this section.
(c) A grant awarded pursuant to this section shall be in addition to any other grant awarded by Events DC in support of historical education and research.
Sec. 7124. Title II of the Washington Convention Center Authority Act of 1994, effective September 28, 1994 (D.C. Law 10-188; D.C. Official Code § 10-1202.01 et seq.), is amended as follows:
(a) Section 204(m) (D.C. Official Code § 10-1202.04(m)) is amended by striking the phrase "Fiscal Year 2021 or Fiscal Year 2022" and inserting the phrase "Fiscal Year 2021, 2022, or 2023" in its place.
(b) Section 208(g) (D.C. Official Code § 10-1202.08(g)) is amended by striking the phrase "Fiscal Year 2020" and inserting the phrase "Fiscal Years 2022 or 2023" in its place.
SUBTITLE N. SUBJECT TO APPROPRIATIONS REPEALS
Sec. 7131. Short title.
This title may be cited as the "Subject to Appropriations Repeals and Modifications Emergency Amendment Act of 2022".
Sec. 7132. Section 8 of the Department of Consumer and Regulatory Affairs Omnibus Amendment Act of 2018, effective April 11, 2019 (D.C. Law 22-287; 66 DCR 1650), is amended as follows:
(a) Subsection (a) is amended to read as follows:
"(a) Sections 2, 3, 4(a) and (b), 5, 6, and 7 shall apply upon the date of inclusion of their fiscal effect in an approved budget and financial plan.".
(b) Subsection (c)(2) is amended by striking the phrase "this act" and inserting the phrase "the provisions identified in subsection (a) of this section" in its place.
Sec. 7133. Section 8a of the Safe Fields and Playgrounds Act of 2018, effective September 11, 2019 (D.C. Law 23-16; 66 DCR 8621), is repealed.
Sec. 7134. Section 3 of the Advisory Neighborhood Commissions Participation in Planning and Development Amendment Act of 2020, effective March 16, 2021 (D.C. Law 23-198; 68 DCR 1371), is repealed.
Sec. 7135. Section 6(a) of the Zero Waste Omnibus Amendment Act of 2020, effective March 16, 2021 (D.C. Law 23-211; 68 DCR 68), is amended to read as follows:
"(a) Section 2(b)(2) and amendatory section 112e of the Sustainable Solid Waste Management Amendment Act of 2014, effective March 16, 2021 (D.C. Law 23-211; D.C. Official Code § 8-1031.12e), in section 2(k) shall apply upon the date of inclusion of their fiscal effect in an approved budget and financial plan.".
Sec. 7136. Section 4 of the Public Facilities Environmental Safety Amendment Act of 2020, effective March 16, 2021 (D.C. Law 23-233; 68 DCR 1128), is repealed.
Sec. 7137. Section 6(b) of the Comprehensive Plan Amendment Act of 2021, effective August 21, 2021 (D.C. Law 24-20; 68 DCR 6918), is repealed.
Sec. 7138. Section 7 of the Eviction Record Sealing Authority and Fairness in Renting Amendment Act of 2022, effective May 18, 2022 (D.C. Law 24-115; 69 DCR 2638), is repealed.
Sec. 7139. Section 4 of the Developmental Disability Eligibility Reform Amendment Act of 2022, effective May 18, 2022 (D.C. Law 24-117; 69 DCR 2653), is repealed.
SUBTITLE O. FLAVORED TOBACCO PROHIBITION IMPLEMENTATION
Sec. 7151. Short title.
This subtitle may be cited as the "Flavored Tobacco Prohibition Implementation Emergency Act of 2022".
Sec. 7152. (a) The fiscal impact of revenue loss attributable to the Flavored Tobacco Product Prohibition Amendment Act of 2021, effective September 22, 2021 (D.C. Law 24-25; 68 DCR 7332) ("Act"), shall be offset by local fiscal year recurring revenues included in the Chief Financial Officer's June 2022 revenue estimate and, if necessary, the September revenue estimate, that exceed the annual revenue estimate incorporated in the approved budget and financial plan for Fiscal Year 2023 through Fiscal Year 2026; provided, that the Act is thereby fully funded.
(b) In the June 2022 revenue estimate and in the September 2022 revenue estimate, the Chief Financial Officer shall certify:
(1) Whether and by what amount local fiscal year revenues included in the revenue estimate exceed the annual revenue estimate incorporated in the approved budget and financial plan for Fiscal Year 2023 through Fiscal Year 2026;
(2) Whether such excess revenues, together with the excess revenues identified pursuant to this subsection in prior revenue estimates, are in an amount sufficient to offset the fiscal impact of the revenue loss identified in subsection (a) of this section; and
(3) That all such excess revenues, together with the excess revenues identified pursuant to this subsection in prior revenue estimates, have been set aside to ensure that the Act be funded until such time as the Chief Financial Officer certifies that the Act is fully funded.
Sec. 7153. Section 4 of the Flavored Tobacco Product Prohibition Amendment Act of 2021, effective September 22, 2021 (D.C. Law 24-25; 68 DCR 7332), is amended to read as follows:
"Sec. 4. Applicability.
"(a) This act shall apply upon the later of:
"(1) October 1, 2022; or
"(2) Inclusion of its fiscal effect in an approved budget and financial plan.
"(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.
"(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
"(2) The date of publication of the notice of the certification shall not affect the applicability of this act.".
Sec. 7154. In Fiscal Year 2023, of the recurring funds allocated to the Non-Departmental agency:
(a) If the fiscal impact of revenue loss attributable to the Flavored Tobacco Product Prohibition Amendment Act of 2021, effective September 22, 2021 (D.C. Law 24-25; 68 DCR 7332) ("Act"), is fully offset by revenues identified in the quarterly June 2022 revenue estimate and the quarterly September 2022 revenue estimate pursuant to section 7152 of this subtitle ("section 7152"), $2.977 million in funds shall be transferred to:
(1) The Department of Buildings for positions in the amounts and attributes as indicated in the following chart:
| Position | Program | Activity | CSG 11 | CSG 14 |
| Program Support Specialist (IT) (1.0 FTE) | 1000 | 1040 | $95,313 | $23,161 |
| Supervisory IT Specialist (OS) (1.0 FTE) | 1000 | 1040 | $153,058 | $37,193 |
| Account Manager (1.0 FTE) | 1000 | 1085 | $79,489 | $19,316 |
| Contact Representative (1.0 FTE) | 1000 | 1085 | $51,122 | $12,423 |
| Housing Code Inspector I (3.0 FTE) | 3000 | 3020 | $193,398 | $46,996 |
| Housing Code Inspector II (3.0 FTE) | 3000 | 3020 | $233,166 | $56,659 |
| Housing Code Inspector III (3.0 FTE) | 3000 | 3020 | $255,627 | $62,118 |
| Vacant & Blighted Building Inspector (3.0 FTE) | 3000 | 3010 | $198,876 | $48,327 |
| Building Code Inspector II (3.0 FTE) | 2000 | 2030 | $255,627 | $62,117 |
| Comb. Code Comp. Spec. III (3.0 FTE) | 2000 | 2030 | $294,528 | $71,570 |
| Public Health Analyst (1.0 FTE) | 4000 | 4010 | $110,768 | $25,920 |
| Attorney Advisor (3.0 FTE) | 1000 | 1060 | $397,296 | $96,543 |
(2) The fund established by section 1(b) of An Act To provide for the abatement of nuisances in the District of Columbia and by the Commissioners of said District, and for other purposes, approved April 14, 1906 (34 Stat. 114; D.C. Official Code § 42-3131.01(b)), in the amount of $96,389.
(b) If revenue in the quarterly June 2022 revenue estimate and the quarterly September 2022 revenue estimate is not sufficient to fully fund the Act pursuant to section 7152, $2.977 million in funds shall be used to offset the fiscal impact of revenue loss attributable to the Act, in lieu of the use of revenue in the quarterly June 2022 revenue estimate and the quarterly September 2022 revenue estimate for that purpose.
Sec. 7155. Applicability.
This subtitle shall apply as of June 15, 2022.
SUBTITLE P. REVISED REVENUE
Sec. 7161. Short title.
This subtitle may be cited as the "Revised Revenue Funding Priority Emergency Act of 2022".
Sec. 7162. (a) If Fiscal Year 2022 local revenues certified in the September 2022 or December 2022 revenue estimates exceed the revenue estimate of the Chief Financial Officer dated February 28, 2022, $20 million in Fiscal Year 2022 one-time funds shall be allocated to the Convention Center Transfer, pursuant to the Appropriation of Additional Resources section of the Fiscal Year 2023 Local Budget Act of 2022, passed on 2nd reading on May 24, 2022 (Enrolled version of Bill 24-716).
(b) If Fiscal Year 2024, 2025, and 2026 local revenues certified in the September 2022 or December 2022 revenue estimates exceed the revenue estimate incorporated in the Fiscal Year 2023 approved budget and financial plan by at least $2.419 million each year, $2.419 million shall be allocated to offset the fiscal impact of revenue loss attributable to the Clean Hands Certification Equity Amendment Act of 2021, as introduced May 3, 2021 (Bill 24-237) ("Clean Hands Act"); provided, that it remains possible for the Clean Hands Act to receive two readings by December 31, 2022 and subsequently become law.
Sec. 7163. In the September 2022 revenue estimate and in the December 2022 revenue estimate, the Chief Financial Officer shall certify:
(1) Whether, and by what amount, local fiscal year revenues included in the revenue estimate exceed the annual revenue estimate incorporated in the approved budget and financial plan for Fiscal Year 2022 through Fiscal Year 2025 and for Fiscal Year 2023 through Fiscal Year 2026;
(2) Whether such excess revenues, together with the excess revenues identified pursuant to this subsection in prior revenue estimates, are in an amount sufficient to meet the requirements of section 7162; and
(3) That all such excess revenues, together with the excess revenues identified pursuant to this subsection in prior revenue estimates, have been set aside to ensure that the provisions of section 7162 are fully funded.
Sec. 7164. Applicability.
This subtitle shall apply as of September 1, 2022.
TITLE VIII. SPECIAL PURPOSE REVENUE AND DEDICATED REVENUE
SUBTITLE A. SPECIAL PURPOSE AND DEDICATED REVENUE FUNDS
Sec. 8001. Short title.
This title may be cited as the "Designated Fund Transfer Emergency Act of 2022".
Sec. 8002. (a) Notwithstanding any provision of law limiting the use of funds in the accounts listed in the following chart, the Chief Financial Officer shall transfer in Fiscal Year 2023 the following amounts from certified funds and other revenue in the identified accounts to the unassigned General Fund of the District of Columbia:
| Agency Code | Fund Detail | Fund Name | FY23 | FY 24 | FY 25 | FY 26 |
|---|---|---|---|---|---|---|
| AT0 | 6115 | OFT Central Collection Unit | 337,654 | |||
| BA0 | 1243 | Distribution Fees | 100,000 | |||
| BE0 | 639 | Agreement with Independent Agencies | 10,206 | |||
| EB0 | 632 | AWC & NCRC Development (ED Special Account) | 14,000 | |||
| GB0 | 6632 | Administrative Fees | 1,000,000 | |||
| GD0 | 603 | State Superintendent of Education Fees | 25,000 | |||
| GD0 | 618 | Student Residency Verification | 20,000 | |||
| KG0 | 6700 | Sustainable Energy Trust Fund | 275,000 | |||
| KT0 | 6591 | Clean City Fund | 123,678 | |||
| RJ0 | 640 | Subrogation Fund | 91,483 | |||
| HC0 | 643 | Board of Medicine | 2,918,369 | 2,969,440 | 3,021,406 | 3,074,280 |
| PO0 | 4010 | Surplus Property Sales Fund | 271,410 | 276,838 | 282,375 | 288,022 |
| TOTAL | 5,166,800 | 3,246,278 | 3,303,781 | 3,362,302 |
(b) Notwithstanding any provision of law limiting the use of the Universal Paid Leave Fund ("Fund"), established by section 1152 of the Universal Paid Leave Implementation Fund Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 32-551.01), the Chief Financial Officer shall transfer to the unassigned General Fund of the District of Columbia the following amounts from certified fund balances and other revenue in the Fund in the fiscal year identified:
(1) Fiscal Year 2023: $404,692,417;
(2) Fiscal Year 2024: $5,269,923;
(3) Fiscal Year 2025: $6,511,694; and
(4) Fiscal Year 2026: $3,427,291.
(c) The amounts identified in subsections (a) and (b) of this section shall be made available as set forth in the approved Fiscal Year 2023 Budget and Financial Plan.
TITLE IX. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE
Sec. 9001. Applicability.
Except as otherwise provided, this act shall apply as of October 1, 2022.
Sec. 9002. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 9003. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).
