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Chairman Phil Mendelson

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Councilmember Brianne K. Nadeau

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Councilmember David Grosso

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Councilmember Mary M. Cheh

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Councilmember LaRuby May

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Councilmember Charles Allen

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Councilmember Elissa Silverman

A BILL
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend An Act Authorizing the sale of certain real estate in the District of Columbia
no longer required for public purposes to require the Mayor to provide the
Council with a description of the difference between the value of property to be
disposed of and the purchase or lease price to be paid by a developer, a predisposition economic impact statement, and a fair market valuation of property to
be disposed of; to amend the Vacant and Abandoned Properties Community
Development and Disapproval Disposition of Certain Scattered Vacant and
Abandoned Properties Act of 2002 to require that the quarterly economic report
required by An Act Authorizing the sale of certain real estate in the District of
Columbia no longer required for public purposes be posted to the website of the
Deputy Mayor for Planning and Economic Development, to require that the report
include valuation results for each solicitation response received, and a status
update with respect to the achievement of the goals contained in the Certified
Business Enterprise and First Source agreements; and to amend the District of
Columbia Administrative Procedure Act of 1968 to include executed disposition
agreements as documents that must be made public without a written request.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
That this act may be cited as the “Land Disposition Transparency Act of 2015”.

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Sec. 2. Section 1(b-1) of An Act Authorizing the sale of certain real estate in the

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District of Columbia no longer required for public purposes, approved August 4, 1939

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(D.C. Law 8-96; D.C. Code § 10-801(b-1)), is amended as follows:

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(1) Paragraph (1) is amended as follows:
(A) Subparagraph (B) is amended by striking the phrase “; and”
and inserting a semicolon in its place.
(B) Subparagraph (C) is amended by striking the period and
inserting a semicolon in its place.

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(C) New subparagraphs (D) and (E) are added to read as follows:

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“(D) A valuation and narrative explanation of the difference between

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the fair market value or leasehold value of the property, as required pursuant to paragraph

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(3) of this subsection, and the purchase or lease price to be paid by the developer,

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including a description of any government assistance or subsidy to be received by the

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developer including any statutorily required or negotiated contributions to be provided by

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the developer, such as affordable housing and any financial subsidies received by the

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developer for the project, such as tax abatements or tax increment financing;

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“(E) A pre-disposition economic impact statement in the form of a

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quantitative analysis that estimates the economic benefits, including revenues, tax

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receipts, and job creation, of a particular development project in a particular geographic

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area, including direct, indirect, or induced outcomes.”.

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(2) Paragraph (3) is amended to read as follows:

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“(3) A document reporting the fair market value of the property prepared

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by an independent appraiser or assessor performed within 12 months of transmission of

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the proposed resolution. For the purposes of this section, fair market value shall have the

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same meaning as in D.C. Official Code § 47-1401(12) and shall be based upon the

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highest and best use as contemplated by the developer. For the purposes of this

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paragraph, highest and best use shall mean reasonable and probable use that supports the

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highest present value reported as of the date of the appraisal that takes into consideration

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alternative uses found to be physically possible, legally permissible, and financially

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feasible and which results in the highest land value.”.

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Sec. 3. Section 9 of the Vacant and Abandoned Properties Community

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Development and Disapproval of Disposition of Certain Scattered Vacant and

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Abandoned Properties Act of 2002,” effective April 2, 2003 (D.C. Law 14-267, D.C.

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Official Code § 10-838), is amended as follows:

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(1) The lead-in language is amended to read as follows:
“Within 30 days after the end of each quarter, a report containing the following

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information shall be posted on the website of the Deputy Mayor for Planning and

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Economic Development and shall be transmitted to the Council:”.

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(2) Paragraph (3) is amended by striking the word “RFP” and inserting the
word “solicitation” in its place.

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(3) A new paragraph (4A) is added to read as follows:

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“(4A) Evaluation results for each proposal received pursuant to a

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solicitation;”.
(4) Paragraph (5) is amended to read as follows:
“(5) A copy of each disposition agreement executed during the quarter. If a

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substantive change is made to the land disposition agreement referenced in section 1(b-

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1)(5)) (the “Act”), after the resolution is approved by the Council, a redline format

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version shall be provided as well as a narrative description of the changes.”.

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(5) Paragraph (6)(C) is amended by striking the word “And”.

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(6) New paragraphs (6A), (6B), and (6C) are added to read as follows:

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“(6A) A status update with respect to achievement of the goals set forth in

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the Certified Business Enterprise and First Source agreements referenced in section

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1(b)(6) and (7) of the Act;

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“(6B) The number of affordable housing units created by project by level

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of affordability, including an estimated aggregated subsidy value of the affordable

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housing units; and”.

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Sec. 4. Section 206(a) of Title II of the District of Columbia Administrative
Procedure Act of 1968, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code §
2-536(a)), is amended as follows:

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(1) Paragraph (9) is amended by striking the word “and”.

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(2) A new paragraph (9A) is added to read as follows:

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“(9A) Executed disposition agreements required pursuant to section

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9(a)(5) of the Vacant and Abandoned Properties Community Development and

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Disapproval Disposition of Certain Scattered Vacant and Abandoned Properties Act of

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2002, effective April 2, 2003 (D.C. Law 14-267, D.C. Official Code § 10-838(a)(5);

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and”.

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Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the

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fiscal impact statement required by section 602(c)(3) of the District of Columbia Home

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Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-

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206.02(c)(3)).

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Sec. 6. Effective date.

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This act shall take effect following approval by the Mayor (or in the event of veto

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by the Mayor, action by the Council to override the veto), a 30-day period of

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congressional review as provided in section 602(c)(1) of the District of Columbia Home

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Rue Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-

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206.02(c)(1), and publication in the District of Columbia Register.

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