D.C. Act 24-287. Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Emergency Amendment Act of 2022.

AN ACT

To amend, on an emergency basis, the Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Act of 2012 to establish the COVID-19 Small Business Relief Grant Program.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Emergency Amendment Act of 2022".

Sec. 2. Section 2032(l) of the Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Act of 2012, effective September 12, 2012 (D.C. Law 19-168; D.C. Official Code § 1-328.04(l)), is amended to read as follows:

"(l)(1) 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.), and subject to the availability of funds, the Deputy Mayor shall establish a COVID-19 Small Business Relief Grant Program ("SBRG Program") for the purpose of supporting the reopening, recovery, and long-term viability of a small business operating in the restaurant, retail, hospitality, or entertainment sector that has incurred revenue declines, costs, or financial losses due to the impact of COVID-19 during the period beginning on April 1, 2020, through December 31, 2021, with a grant, which shall be used for:

"(A) Rent;

"(B) Payroll and labor;

"(C) Inventory; or

"(D) Operating expenses.

"(2)(A) To be eligible for an SBRG Program grant, a small business shall:

"(i) Be physically located in the District;

"(ii)(I) Have operated continuously since at least December 31, 2019, except for any interruptions required by Mayor's Orders 2020-045 and 2020-046 and subsequent public health emergency orders; or

"(II) Have begun operating between January 1, 2020, and December 31, 2021, and remained in operation except for any interruptions required by Mayor's Orders 2020-045 and 2020-046 and subsequent public health emergency orders;

"(iii) Be in good standing with the District of Columbia's Office of Tax and Revenue;

"(iv) Have incurred revenue declines or significant costs or losses due to the COVID-19 pandemic, as determined by the Deputy Mayor;

"(v) If a franchisee of a franchise with multiple locations, be independently owned and operated;

"(vii) Not have received funding from the Restaurant Revitalization Fund, established by section 5003 of the American Rescue Plan Act of 2021, approved March 11, 2021 (135 Stat. 85; 15 U.S.C. § 9009c); and

"(viii) Not have received funding from the Shuttered Venue Operators Grant established by section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act, approved December 27, 2020 (I34 Stat. 2022; 15 U.S.C. § 9009a).".

"(3) The Deputy Mayor shall prioritize grant funding under this subsection for eligible businesses that did not receive Paycheck Protection Program loans from the Coronavirus Aid, Relief, and Economic Security Act, approved March 27, 2020 (134 Stat. 281; 15 U.S.C. §9001 et seq.), or section 501 of Division N of the Consolidated Appropriations Act, 2021, approved December 27, 2020 (134 Stat. 2069; 15 U.S.C. § 9058a).

"(4) The Deputy Mayor may issue one or more grants to a third-party grant-managing entity for the purpose of administering the SBRG Program, including making subgrants on behalf of the Deputy Mayor in accordance with the requirements of this subsection.

"(5)(A) The Deputy Mayor, and any third-party entity chosen pursuant to paragraph (4) of this subsection, shall, at a minimum, maintain the following information for each grant awarded:

"(i) The name, location, and business license number of the grant recipient;

"(ii) Proof of revenue declines or significant costs or losses due to the COVID-19 pandemic as required by paragraph (2)(A)(iv) of this subsection;

"(iii) The date and amount, if any, of Paycheck Protection Program loans received by the small business for purposes of compliance with paragraph (3) of this subsection;

"(iv) The date of the award;

"(v) The intended uses of the award;

"(vi) The award amount; and

"(vii) Any other information considered necessary to implement the requirements of this subsection.

"(B) The Deputy Mayor shall issue a report with information required to be maintained pursuant to subparagraph (A) of this paragraph to the Council no later than June 1, 2022.

"(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 located in the District that reports gross receipts of no more than $5 million in annual revenue in each 2019, 2020, and 2021.".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director 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. 4. 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)).