D.C. Act 25-661. Ballpark Budget and Maintenance Amendment Act of 2024.

AN ACT

To amend the Ballpark Omnibus Financing and Revenue Act of 2004 to clarify the use of the Ballpark Revenue Fund and to establish the Ballpark Preservation and Improvement Fund; and to make conforming amendments.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Ballpark Budget and Maintenance Amendment Act of 2024".

Sec. 2. The Ballpark Omnibus Financing and Revenue Act of 2004, effective April 8, 2005 (D.C. Law 15-320; D.C. Official Code § 10-1601.01 et seq.), is amended as follows:

(a) Section 102 (D.C. Official Code § 10-1601.02) is amended as follows:

(1) Subsection (a) is amended to read as follows:

"(a) For purposes of this section, the term:

"(1) "Ballpark" shall have the meaning specified in D.C. Official Code § 47-2002.05(a)(1).

"(2) "Ballpark Revenue Bonds" shall have the same meaning as the term "bonds" in section 103(a)(2).".

(2) Subsection (b) is amended as follows:

(A) Strike the phrase "identified by any provision of District of Columbia law to be paid into the fund" and insert the phrase "identified by any provision of District of Columbia law to be paid into the Ballpark Revenue Fund" in its place.

(B) Strike the phrase "pursuant to a lease of the ballpark" and insert the phrase "pursuant to a lease of the ballpark until the Ballpark Revenue Bonds have been defeased" in its place.

(C) Strike the phrase "The Mayor, or any District government agency or instrumentality that has been designated by the Mayor," and insert the phrase "Until October 1, 2023, the Mayor, or any District government agency or instrumentality that has been designated by the Mayor," in its place.

(3) Subsection (c) is amended as follows:

(A) Paragraph (7) is amended by striking the phrase "upgrades to Robert F. Kennedy Stadium or the new ballpark after its construction has been completed;" and inserting the phrase "upgrades to Robert F. Kennedy Stadium prior to the opening of the new ballpark;" in its place.

(B) A new paragraph (7A) is added to read as follows:

"(7A)(A) To directly pay the costs of the District's obligation under the ballpark lease for maintenance, repairs, and capital improvements to the ballpark, beginning in Fiscal Year 2025 and continuing annually each fiscal year thereafter until the Ballpark Revenue Bonds are defeased, a transfer of $1,500,000 from the Ballpark Revenue Fund to the Washington Convention and Sports Authority ("Authority") is authorized;

"(B) The Ballpark Revenue Fund shall be used for this purpose only after the Authority has first used the Authority's funds, including the annual transfer provided for in subparagraph (A) of this paragraph and excess reserves, to pay these costs;".

(4) A new subsection (c-1) is added to read as follows:

"(c-1) The Ballpark Revenue Fund shall not be used to pledge and create a security interest in the funds in the Ballpark Revenue Fund, or any sub-account or sub-accounts within the Ballpark Revenue Fund, to finance any additional bonds.".

(5) A new subsection (e) is added to read as follows:

"(e) Any Ballpark Revenue Fund balance remaining after the Ballpark Revenue Bonds have been defeased and the requirements of subsection (d) of this section have been met shall be transferred to the Ballpark Preservation and Improvement Fund, established by section 102a.".

(b) A new section 102a is added to read as follows:

"Sec. 102a. Ballpark Preservation and Improvement Fund.

"(a)(1) There is established as a special fund the Ballpark Preservation and Improvement Fund ("Fund"), which shall be administered by the Office Chief Financial Officer ("OCFO") in accordance with this section.

"(2) The OCFO shall create a sub-account within the Fund for each revenue type to be deposited into the Fund pursuant to subsection (b) of this section and shall allocate the deposits to the appropriate sub-account.

"(3) The OCFO shall advance funds to the Washington Convention and Sports Authority ("Authority") after the Authority has submitted documentation of planned encumbrances and expenditures consistent with the purposes provided in subsection (c)(1) of this section.

"(4) The OCFO shall advance funds to the Washington Nationals Youth Baseball Academy after it has submitted documentation of planned encumbrances and expenditures consistent with the purposes provided in subsection (c)(2) of this section and such encumbrances and expenditures have been approved by the Office of Deputy Mayor for Planning and Economic Development ("DMPED").

"(b) Beginning when the requirements of section 102(e) have been met, revenue from the following sources shall be deposited in the Fund:

"(1) All receipts from the ballpark sales taxes collected pursuant to D.C. Official Code § 47-2002.05 except that if said ballpark sales taxes collected in any fiscal year exceed 110% of the ballpark sales taxes collected in the previous fiscal year, the amount in excess of 110% shall not be deposited in the Fund but shall be deposited in the General Fund of the District of Columbia;

"(2) Any rent paid pursuant to a lease of the ballpark;

"(3) Amounts collected pursuant to D.C. Official Code § 47-2501(a-2); and

"(4) Any balance remaining in the Ballpark Revenue Fund, established by section 102.

"(c)(1) Money in the Fund shall be used for the District's obligations under the ballpark lease for the maintenance, repairs, and capital improvements of the ballpark;

"(2) Money in the Fund may be used for capital improvement of the Nationals Academy if requested by the Washington Nationals Youth Baseball Academy and approved by DMPED.

"(3) Money in the Fund may be used for debt service to support borrowing for capital improvements to the ballpark.

"(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.

"(e) By March 1 of each year, the Authority shall submit a report to the Mayor and to the Council that details expenditures from the Fund for the prior fiscal year and planned spending from the Fund in the current and next four years.

"(f) For the purposes of this section, the term "Ballpark Revenue Bonds" shall have the same meaning as the term "bonds" in section 103(a)(2).".

Sec. 3. Title 47 of the District of Columbia Official Code is amended as follows:

(a) Section 47-2002.05 is amended as follows:

(1) Subsection (a) is amended by adding new paragraphs (1A) and (1B) to read as follows:

"(1A) "Ballpark Preservation and Improvement Fund" means the fund established by § 10-1601.02a.

"(1B) "Ballpark Revenue Bonds" shall have the same meaning as the term "bonds" in § 10-1601.03(a)(2).".

(2) The lead-in language of subsection (d) is amended by striking the phrase "shall be deposited into one or more accounts within the Ballpark Revenue Fund" and inserting the phrase "shall be deposited into one or more accounts within the Ballpark Revenue Fund until the requirements of § 10-1601.02(e) have been met, at which time the following revenues shall be deposited in the Ballpark Preservation and Improvement Fund" in its place.

(b) Section 47-2501(a-2) is amended by striking the phrase "deposited in the Ballpark Revenue Fund established by section 102 of the Ballpark Omnibus Financing and Revenue Act of 2004, passed on reconsideration on December 21, 2004 (Re-enrolled version of Bill 15-1028)" and inserting the phrase "deposited in the Ballpark Revenue Fund established by § 10-1601.02(b) until the requirements of § 10-1601.02(e) have been met, at which time this amount shall be deposited in the Ballpark Preservation and Improvement Fund established by § 10-1601.02a" in its place.

Sec. 4. Applicability.

This act shall become applicable upon the execution and Council approval of a lease amendment agreement between the District and the Washington Nationals Stadium, LLC that extends the current lease agreement through February 28, 2054.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report 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. 6. 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 a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).