D.C. Law 21-36. Fiscal Year 2016 Budget Support Act of 2015.

D.C. Law 21-36. Fiscal Year 2016 Budget Support Act of 2015.

AN ACT

New subchapter IV of Chapter 5 of Title 7

SUBTITLE E. Office on Aging reporting requirements

New § 7-561

Sec. 1042. Office on Aging reporting requirements.

In Fiscal Year 2016, the Mayor shall submit quarterly reports to the Council, within 30 days after the end of each quarter, beginning October 1, 2015, on programs and operations within the Office on Aging. Each report shall include the following information:

(1) The number of persons served through the Aging and Disability Resource Center, including the ages of those persons served and the types of services received;

(2) The number of new applications for sub-grants;

(3) A listing of current contracts and sub-grants by category;

(4) A comprehensive listing of senior wellness centers (by center), including the number of seniors who utilize each location per quarter;

(5) A complete listing of transportation services and the number of seniors who utilize transportation services, including the number of transports that originate from each ward;

(6) The number of seniors in each ward who utilize home meal delivery services;

(7) The locations of congregate meal services and the number of persons who utilize such services by ward; and

(8) The total funds expended for each program area of operations included in the report.

SUBTITLE S. SOCCER STADIUM DEVELOPMENT TECHNICAL CLARIFICATION

Sec. 2181. Short title.

This subtitle may be cited as the "Soccer Stadium Development Technical Clarification Amendment Act of 2015".

Sec. 2182. The Soccer Stadium Development Act of 2014, effective March 11, 2015 (D.C. Law 20-233; to be codified at D.C. Official Code § 10-1651.01 et seq.), is amended as follows:

Amend § 10-1603.01

(a) Section 101 (to be codified at D.C. Official Code § 10-1651.01) is amended to read as follows:

"Sec. 101. Definitions.

"For the purposes of this title, the term:

"(1) "Northwest portion of Lot 24 in Square 665" means the northwest portion of Lot 24 in Square 665 as described in the letter of intent between the District and Potomac Electric Power Company dated December 27, 2013.

"(2) "Soccer stadium site" means the real property described as Squares 603S, 605, 607, 661, and 661N, and the northwest portion of Lot 24 in Square 665, and all public alleys and streets to be closed within these squares.".

Amend § 10-1603.02

(b) Section 102 (to be codified at D.C. Official Code § 10-1651.02) is amended as follows:

(1) A new paragraph (1A) is added to read as follows:

"(1A) The acquisition of land for, construction of, and operation of a new stadium for D.C. United in itself serves a public purpose, in particular because the stadium will promote the recreation, entertainment, and enjoyment of the public.".

(2) Paragraph (2) is amended by striking the phrase "Without the development" and inserting the phrase "In addition, without the development" in its place.

Amend § 10-1603.03

(c) Section 103 (to be codified at D.C. Official Code § 10-1651.03) is amended as follows:

(1) Subsection (a)(2) is amended as follows:

(A) Strike the phrase "shall acquire" and insert the phrase "is authorized to acquire" in its place.

(B) Strike the phrase "as described in the letter of intent between the District and Potomac Electric Power Company ("PEPCO") dated December 27, 2013".

(2) Subsection (d) is amended to read as follows:

"(d) The Mayor shall transmit to the Council any agreement to acquire any portion of Squares 605, 607, or 661, or the northwest portion of Lot 24 in Square 665 that requires the approval of the Council pursuant to section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), not later than 30 days before the effective date of the agreement. Any such agreement shall be exempt from section 202(c) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-352.02(c)).".

(3) Subsection (e) is amended by striking the phrase "as described in the letter of intent between the District and PEPCO dated December 27, 2013".

Amend § 10-1603.04

(d) Section 104 (to be codified at D.C. Official Code § 10-1651.04) is amended as follows:

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

"(a) Notwithstanding An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code § 10-801 et seq.), the Mayor may enter into a ground lease ("revised ground lease") between the District of Columbia and DC Stadium LLC; provided, that:

"(1) The revised ground lease amends the ground lease between the District of Columbia and DC Stadium LLC, dated May 23, 2014 ("original ground lease") to:

"(A) Not contain any provision to abate District sales tax;

"(B) Include the labor peace provisions set forth in subsection (c) of this section; and

"(C) Contain modifications to conform the terms of the original ground lease to the provisions of this act;

"(2) The Mayor transmits the revised ground lease to the Council for its review not later than 30 days before the effective date of the revised ground lease;

"(3) The Mayor transmits simultaneously to the Council for its review pursuant to section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), a revised development agreement ("revised development agreement") that amends the development agreement between the District of Columbia and DC Stadium LLC, dated May 23, 2014 ("original development agreement"), for the development of the soccer stadium site and that:

"(A) Extends the date by which the District shall acquire control of the soccer stadium site to September 30, 2015;

"(B) Extends the dates by which the District shall close streets and alleys, acquire fee title, demolish existing structures, perform infrastructure work (including all District obligations under article V of the original development agreement), and perform environmental remediation work (including all District obligations under article VI of the original development agreement), as such actions are described in articles III, IV, V, and VI of the original development agreement and may be described or referenced in other provisions of the original development agreement, each by 6 months;

"(C) Sets a date by which DC Stadium LLC shall complete the construction of a soccer stadium at the soccer stadium site;

"(D) Extends other dates as negotiated between the District and DC Stadium, LLC;

"(E) Amends section 5.9 of the original development agreement to read as follows: "Land Contribution. Within 30 days of the District's acquisition of either Lot 7 or Lot 802 in Square 605, the Stadium Developer shall pay to the District, or its designee, Two Million Five Hundred Thousand Dollars ($2,500,000.00) to offset Land acquisition costs, unless the District acquires either Lot 7 or Lot 802 in Square 605 by the use of eminent domain and the aggregate price paid by the District for Lot 7 and Lot 802 is less than $25,148,760.";

"(F) Amends section 9.1(c) of the original development agreement to read as follows: "Designated Entertainment Area. The District shall grant to the Developer 'signage rights' with respect to the Land, such signage rights to be those rights described in the proposed Chapter 8 of Title 13 of the District of Columbia Municipal Regulations published in the DC Register on August 17, 2012.";

"(G) Provides that no fees, proffers, or deposits shall be borne or waived by the District pursuant to section 7.6 of the original development agreement before October 1, 2015; and

"(H) Includes the labor peace provisions set forth in subsection (c) of this section; and

"(4) The Council does not adopt a resolution of disapproval pertaining to the ground lease within 30 days beginning on the day on which the ground lease is submitted to the Council, excluding days of Council recess.".

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

"(b)(1) The revised ground lease and the revised development agreement each may provide an enhanced "Performance Assurance" without increasing the District's financial obligations.

"(2) The revised development agreement shall be exempt from section 202(c) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-352.02(c)).".

(3) Subsection (c) is amended by striking the phrase "DC Stadium, LLC and the District shall agree" and inserting the phrase "The District is authorized to agree" in its place.

Amend § 10-1603.07

(e) Section 107(b) (to be codified at D.C. Official Code § 10-1651.07(b)) is amended as follows:

(1) Paragraph (1) is amended by striking the phrase "September 4, 2014;" and inserting the phrase "December 15, 2014;" in its place.

(2) A new paragraph (2A) is added to read as follows:

"(2A) Any payment made by D.C. United to the District government pursuant to the revised ground lease;".

Amend § 10-1603.08

(f) Section 108 (to be codified at D.C. Official Code § 10-1651.08) is amended as follows:

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

"(a) The Mayor shall implement the Convention Center – Southwest Waterfront corridor as described in the "DC Circulator 2014 Transit Development Plan Update" dated September 2014.".

(2) Subsection (c) is amended to read as follows:

"(c) The Mayor shall make capital improvements of at least $250,000 to the Randall Recreation Center in Ward 6.".

(3) Subsection (d) is amended by striking the phrase "provide ongoing operations and programming funding for" and inserting the phrase "operate and provide programmed activities for" in its place.

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

"(e) The Mayor is authorized to negotiate other community-benefit commitments from D.C. United and its affiliated entities, including those that promote youth soccer, education, employment opportunities, and job training programs.".

TITLE IV. PUBLIC EDUCATION

New § 1-325.35

Sec. 4032.

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SUBTITLE M. MY SCHOOL DC EDFEST SPONSORSHIP AND ADVERTISING

Sec. 4121. This subtitle may be cited as the “My School DC EdFest Sponsorship and Advertising Act of 2015”.

Sec. 4122. (a) Notwithstanding any other provision of law, the Deputy Mayor for Education may enter into one or more written agreements for advertisements and sponsorships to fund My School DC EdFest, an annual citywide public school fair.

(b) No agreement pursuant to this section may require the District to expend funds.

(c) Only advertisements shall be agreed to in exchange for corporate goods, services, or funds.

(d) There shall be no limit to the value of goods, services, or funds that may be received from an organization, registered or not, or from an individual, regardless of whether the organization is located, or the individual resides, within the District of Columbia.

(e) Any sponsorship or advertisement pursuant to this section shall be memorialized by written agreement of the parties.

(f) The Deputy Mayor for Education shall keep an accounting of all goods, services, and funds received pursuant to this section and shall submit to the Mayor and to the Council of the District of Columbia a report accounting for all goods, services, and funds received pursuant to this section by December 31st of each year.

New § 2-1217.36a

Sec. 7192.

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New § 2-1217.36b

Sec. 7193.

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New § 2-1217.36c

Sec. 7194.

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New § 2-1217.36d

Sec. 7195.

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New § 39-231

Sec. 1072.

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New § 44-661.01

Sec. 5062.

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New § 44-661.02

Sec. 5063.

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New § 44-661.03

Sec. 5064.

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New § 44-661.04

Sec. 5065.

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New § 44-661.05

Sec. 5066.

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New § 44-661.06

Sec. 5067.

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New § 44-661.07

Sec. 5068.

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New § 44-661.08

Sec. 5069.

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New § 44-661.09

Sec. 5070.

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New § 44-662.01

Sec. 5072.

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New § 44-662.02

Sec. 5073.

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New § 44-662.03

Sec. 5074.

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New § 44-662.04

Sec. 5075.

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New § 44-662.05

Sec. 5076.

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New § 44-662.06

Sec. 5077.

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New § 44-662.07

Sec. 5078.

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New § 44-662.08

Sec. 5079.

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New § 5-116.31

Sec. 3002.

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New § 5-116.32

Sec. 3003.

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New § 5-116.33

Sec. 3004.

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New § 5-525.01

Sec. 7092.

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New § 5-525.02

Sec. 7093.

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TITLE VI. TRANSPORTATION, PUBLIC WORKS, AND THE ENVIRONMENT

New § 50-2636

Sec. 6004.

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New § 50-2637

Sec. 6012.

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SUBTITLE R. SUSTAINABLE FOOD SERVICE WARE CLARIFICATION

Sec. 6171. Short title.

This subtitle may be cited as the "Sustainable Food Service Ware Clarification Amendment Act of 2015".

Sec. 6172. The Sustainable DC Omnibus Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-142; D.C. Official Code § 8-1531 et seq.), is amended as follows:

Amend § 8-1531

(a) Section 401 (D.C. Official Code § 8-1531) is amended as follows:

(1) Paragraph (1) is amended by striking the phrase "prepared by a food service business" and inserting the phrase "prepared by a food service entity" in its place.

(2) Paragraph (4) is amended as follows:

(A) Strike the phrase ""Food service business" means" and insert the phrase ""Food service entity" means" in its place.

(B) Strike the phrase "business or institutional cafeterias" and insert the word "cafeterias" in its place.

(C) Strike the phrase "and other businesses" and insert the phrase "and other entities" in its place.

(3) A new paragraph (5) is added to read as follows:

"(5) "Recyclable" means made solely of materials that are currently accepted for recycling, as that term is used in section 101(14) of the Sustainable Solid Waste Management Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-154; D.C. Official Code § 8-1031.01(14)), by the food service entity's recycling collector.".

Amend § 8-1532

(b) Section 402 (D.C. Official Code § 8-1532) is amended as follows:

(1) Subsection (a) is amended by striking the phrase "no food service business shall" and inserting the phrase "no food service entity shall" in its place.

(2) Subsection (b) is amended by striking the phrase "before a food service business" and inserting the phrase "before a food service entity" in its place.

Amend § 8-1533

(c) Section 403 (D.C. Official Code § 8-1533) is amended as follows:

(1) Subsection (a) is amended by striking the phrase "shall use compostable or recyclable disposable food service ware unless there is no suitable affordable compostable or recyclable product available as determined by the Mayor in accordance with this subtitle" and inserting the phrase "shall use compostable or recyclable disposable food service ware" in its place.

(2) Subsection (b) is amended by striking the phrase "shall use compostable or recyclable disposable food service ware unless there is no suitable affordable or compostable or recyclable product available as determined by the Mayor in accordance with this subtitle" and inserting the phrase "shall use compostable or recyclable disposable food service ware" in its place.

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

(A) Strike the phrase "no food service business shall sell" and insert the phrase "no food service entity shall sell" in its place.

(B) Strike the phrase "before a food service business received them" and insert the phrase "before a food service entity received them" in its place.

Amend § 8-1534

(d) Section 404 (D.C. Official Code § 8-1534) is amended by striking the phrase "vendors offering affordable compostable or recyclable disposable food service ware products" and inserting the phrase "vendors offering compostable or recyclable disposable food service ware products" in its place.

Repeal § 8-1535

Note § 8-1535

(e) Section 405 (D.C. Official Code § 8-1535) is repealed.

Amend § 8-1537

(f) Section 407 (D.C. Official Code § 8-1537) is amended by adding a new subsection (d) to read as follows:

"(d)(1) For the purpose of enforcing the provisions of this subtitle, or any rule issued pursuant to subsection (a) of this section, the Mayor may, upon the presentation of appropriate credentials to the owner, operator, or agent in charge, enter upon any public or private land in a reasonable and lawful manner during normal business hours for the purpose of sampling, inspection, and observation.

"(2) If denied access to any place while carrying out the activities described in paragraph (1) of this subsection, the Mayor may apply to a court of competent jurisdiction for a search warrant.".

(g) Section 502(g) (D.C. Official Code § 8-1533, note) is amended to read as follows:

"(g) Title IV, Subtitle A, sections 403 and 404 shall apply as of October 1, 2015.".

New § 1-325.341

Sec. 6082.

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