D.C. Law 22-254. Foreign-Government-Owned Vacant and Blighted Building Amendment Act of 2018.

AN ACT

To amend An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes to allow the Department of Consumer and Regulatory Affairs to include on the list of registered vacant buildings transmitted to the Office of Tax and Revenue and to subject to a registration fee certain vacant and blighted vacant buildings that have not been authorized as exempt from real estate taxes by the United States Department of State's Office of Foreign Missions, and to require the Department of Consumer and Regulatory Affairs to maintain and publish a list of vacant and blighted vacant buildings that have been authorized as exempt from real estate taxes by the United States Department of State's Office of Foreign Missions; to make conforming amendments to Chapter 10 of Title 47 of the District of Columbia Official Code; and to establish a Foreign-Government-Owned Real Property Task Force to address matters relating to real property owned by foreign governments or their instrumentalities.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Foreign-Government-Owned Vacant and Blighted Building Amendment Act of 2018".

Sec. 2. An Act To provide for the abatement of nuisances in the District of Columbia by the Commissioners of said District, and for other purposes, approved April 14, 1906 (34 Stat. 114; D.C. Official Code § 42-3131.01 et seq.), is amended as follows:

(a) Section 6(b)(2) (D.C. Official Code § 42-3131.06(b)(2)) is amended to read as follows:

"(2) Authorized as exempt from real estate taxes by the United States Department of State's Office of Foreign Missions on the basis of its use for diplomatic or consular purposes or for the official business of an international organization.".

(b) Section 9(a) (D.C. Official Code § 42-3131.09(a)) is amended by striking the phrase "instrumentalities or by a foreign government or its instrumentalities." and inserting the phrase "instrumentalities or has been authorized as exempt from real estate taxes by the United States Department of State's Office of Foreign Missions on the basis of its use for diplomatic or consular purposes or for the official business of an international organization." in its place.

(c) A new section 18a is added to read as follows:

"Sec. 18a. Vacant and blighted vacant buildings belonging to foreign governments.

"(a) The Department of Consumer and Regulatory Affairs shall publish and deliver semiannually to the Mayor, the Council, and the United States Department of State's Office of Foreign Missions ("OFM") a list identifying each building that:

"(1) Is authorized as exempt from real estate taxes by OFM on the basis of its use for diplomatic or consular purposes or for the official business of an international organization; and

"(2) Has been determined to be a vacant building or blighted vacant building pursuant to this act.

"(b) Nothing in this act shall be construed to impose any obligation on any foreign government or other entity relating to any building that has been authorized as exempt from real estate taxes by OFM on the basis of its use for diplomatic or consular purposes or for the official business of an international organization.".

Sec. 3. Chapter 10 of Title 47 of the District of Columbia Official Code is amended as follows:

(a) Section 47-1002(3) is amended to read as follows:

"(3) Property authorized as exempt from real estate taxes by the United States Department of State's Office of Foreign Missions on the basis of its use for diplomatic or consular purposes or for the official business of an international organization;".

(b) Section 47-1011 is amended by striking the phrase "owned by foreign governments for legation purposes" and inserting the phrase "authorized as exempt from real estate taxes by the United States Department of State's Office of Foreign Missions on the basis of its use for diplomatic or consular purposes or for the official business of an international organization" in its place.

Sec. 4. Foreign-Government-Owned Real Property Task Force.

(a) There is established the Foreign-Government-Owned Real Property Task Force ("Task Force") with the purpose of serving as a collaborative body to address matters relating to real property, including all buildings located on such real property, owned by foreign governments or their instrumentalities.

(b) The Task Force shall meet on a quarterly basis to review and identify issues with real property owned by foreign governments or their instrumentalities to include:

(1) The tax status of such property;

(2) The condition of such property; and

(3) Whether such property is in substantial compliance with District laws and regulations.

(c) The Task Force shall consist of the following members:

(1) Three Advisory Neighborhood Commissioners, each of whom shall be appointed by the Mayor from Advisory Neighborhood Commission ("ANC") 2B, ANC 2D, ANC 3C, or ANC 3F; provided, that no more than one Advisory Neighborhood Commissioner may be appointed from a single ANC;

(2) The Director of the Department of Consumer and Regulatory Affairs, or the Director's designee;

(3) The Deputy Chief Financial Officer for the Office of Tax and Revenue, or the Deputy Chief Financial Officer's designee;

(4) The Director of the Department of Public Works, or the Director's designee;

(5) The Secretary of the District of Columbia, or the Secretary's designee;

(6) The Chairman of the Council, or the Chairman's designee; and

(7) The Director of the United States Department of State's Office of Foreign Missions ("OFM"), or the Director's designee.

(d) The Mayor shall designate one member of the Task Force to serve as its chairperson.

(e) On or before October 1 of each year, the Task Force shall submit to the Mayor, the Council, and OFM a report of its findings and recommendations to address the issues outlined in subsection (b) of this section.

(f) The Task Force shall convene its first meeting no later than 90 days after the effective date of this act.

Sec. 5. Applicability.

(a) Sections 2 and 3 shall apply upon the date of inclusion of their 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 these sections.

Sec. 6. 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. 7. 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), 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)), and publication in the District of Columbia Register.

Law Information

Cites

  • D.C. Law 22-254 (PDF)
  • D.C. Act 22-580 (PDF)
  • 66 DCR 1335

Effective

Mar. 22, 2019

Legislative History (LIMS)

Law 22-254, the “Foreign-Government-Owned Vacant and Blighted Building Amendment Act of 2018,” was introduced in the Council and assigned Bill No. 22-465 which was referred to the Committee of the Whole. The bill was adopted on first and second readings on Nov. 13, 2018, and Dec. 4, 2018, respectively. After mayoral review, it was assigned Act No. 22-580 on Jan. 18, 2019, and transmitted to Congress for its review. D.C. Law 22-254 became effective Mar. 22, 2019.