Text of DC B 230867 (2020)

eae— 1 2 Chairman Phil Mendelson 3 4 5 6 ABILL Fi 8 — 9 10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA u 2 13 14 To enact and amend, on an emergeney basis, provisionsof law necessary to support the Fiscal 15 Year 2021 budget. 16 17 18 19 TABLE OF CONTENTS 20 TITLE 1. GOVERNMENT DIRECTION AND SUPPORT... 21 SUBTITLE A. ARCHIVES ADVISORY GROUP. 22 SUBTITLE B. AUDIT ENGAGEMENT FUND.. 23 SUBTITLE C, FREEZE ON PAY INCREASES AND BENEFITS.. 24 SUBTITLE D. ADVISORY NEIGHBORHOOD COMMISSIONS TECHNICAL 25 SUPPORT AND ASSISTANCE... 26 SUBTITLE E. RENEWABLE ENERGY FUTURE 27 SUBTITLE F. DC CENTER FOR THE LGBT COMMUNITY GRANT... 28 SUBTITLE G. ACCESS TO JOBS.. 29 SUBTITLE H. PARALEGAL PROGRAM ESTABLISHMENT .. 30 SUBTITLE |. NON-PROFIT FAIRNESS ANALYSIS... 31 SUBTITLE J. INDIGENOUS PEOPLES’ DAY. 32 SUBTITLE K. CAMPAIGN FINANCE REFORM IMPLEMENTATION. 1 2 TITLE II. ECONOMIC DEVELOPMENT AND REGULATION ....................................... 22 33 SUBTITLE A. BUSINESS RECOVERY TASK FORCE ESTABLISHMENT ............. 22 34 SUBTITLE B. NEW YORK AVENUE, N.E., RETAIL PRIORITY AREA 35 EXPANSION ......................................................................................................................... 25 36 SUBTITLE C. OPPORTUNITY ZONE TAX BENEFITS............................................... 25 37 SUBTITLE D. STREETSCAPE BUSINESS DEVELOPMENT RELIEF ..................... 28 38 SUBTITLE E. EQUITY IMPACT ENTERPRISE ESTABLISHMENT ........................ 29 39 SUBTITLE F. DMPED LIMITED GRANT-MAKING AUTHORITY .......................... 33 40 SUBTITLE G. TAX ABATEMENTS FOR AFFORDABLE HOUSING ....................... 36 41 SUBTITLE H. HEALTHCARE WORKFORCE PARTNERSHIP ................................ 40 42 SUBTITLE I. DC INFRASTRUCTURE ACADEMY EMPLOYER ENGAGEMENT 47 43 SUBTITLE J. WORKPLACE LEAVE NAVIGATORS .................................................. 51 44 SUBTITLE K. SCHOOL YEAR INTERNSHIP PILOT PROGRAM............................ 55 45 SUBTITLE L. UNEMPLOYMENT INSURANCE MODERNIZATION ...................... 59 46 SUBTITLE M. TRANSGENDER AND NON-BINARY EMPLOYMENT STUDY ..... 61 47 SUBTITLE N. TIPPED WAGE WORKERS FAIRNESS CLARIFICATION .............. 64 48 SUBTITLE O. UNIVERSAL PAID LEAVE FUND ......................................................... 68 49 SUBTITLE P. SHARED WORK COMPENSATION PROGRAM ................................ 73 50 SUBTITLE Q. EQUITABLE IMPACT ASSISTANCE FOR LOCAL BUSINESS ...... 85 51 SUBTITLE R. AFFORDABLE HOUSING LOAN FUND AUTHORIZATION ........... 90 52 SUBTITLE S. RENT STABILIZATION EXTENSION ................................................... 91 53 SUBTITLE T. EXPENDITURES FROM THE PUBLIC HOUSING AND 54 STRUCTURAL TRANSFORMATION CAPITAL ACCOUNT ..................................... 92 55 3 SUBTITLE U. DC CENTRAL KITCHEN FACILITY GRANT .................................... 93 56 SUBTITLE V. C&O CANAL GRANT ............................................................................... 94 57 TITLE III. PUBLIC SAFETY AND JUSTICE ....................................................................... 94 58 SUBTITLE A. CRIMINAL CODE REFORM COMMISSION ...................................... 94 59 SUBTITLE B. RESTORATIVE JUSTICE COLLABORATIVE ................................... 96 60 SUBTITLE C. EMERGENCY MEDICAL SERVICES TRANSPORT CONTRACT . 97 61 SUBTITLE D. SENIOR POLICE OFFICERS PROGRAM ............................................ 98 62 SUBTITLE E. OFFICE ON RETURNING CITIZEN AFFAIRS ................................... 98 63 SUBTITLE F. CONCEALED PISTOL LICENSING REVIEW BOARD ................... 100 64 SUBTITLE G. LITIGATION SUPPORT FUND AND GRANT-MAKING 65 AUTHORITY ...................................................................................................................... 101 66 SUBTITLE H. CHIEF OF POLICE TERM OF OFFICE ............................................. 103 67 SUBTITLE I. MONSANTO SETTLEMENT ALLOCATION ..................................... 104 68 SUBTITLE J. ETHICS ENFORCEMENT ...................................................................... 105 69 TITLE IV. PUBLIC EDUCATION SYSTEMS ..................................................................... 106 70 SUBTITLE A. UNIFORM PER STUDENT FUNDING FORMULA INCREASE ..... 107 71 SUBTITLE B. EDUCATION FACILITY COLOCATION ........................................... 111 72 SUBTITLE C. CHILD CARE GRANTS.......................................................................... 113 73 SUBTITLE D. UNIVERSITY OF THE DISTRICT OF COLUMBIA FUNDRAISING 74 MATCH ............................................................................................................................... 113 75 SUBTITLE E. ADULT AND RESIDENTIAL PUBLIC CHARTER SCHOOL 76 STABLIZATION ................................................................................................................ 114 77 SUBTITLE F. SCHOOL FINANCIAL TRANSPARENCY .......................................... 115 78 4 SUBTITLE G. HEALTHY SCHOOLS FUND RESTORATION ................................. 122 79 SUBTITLE H. WILKINSON SCHOOL DISPOSITION PROCESS ............................ 122 80 SUBTITLE I. ACADEMIC MIDDLE MENTORING INITIATIVE ........................... 123 81 SUBTITLE J. TRUANCY PREVENTION AND LITERACY PILOT FUNDING 82 EXTENSION ....................................................................................................................... 124 83 SUBTITLE K. DCPS AUTHORITY FOR SCHOOL SECURITY ............................... 124 84 TITLE V. HUMAN SUPPORT SERVICES .......................................................................... 129 85 SUBTITLE A. MEDICAID HOSPITAL SUPPLEMENTAL AND DIRECTED 86 PAYMENTS ........................................................................................................................ 129 87 SUBTITLE B. MEDICAL MARIJUANA PROGRAM ADMINISTRATION ............ 132 88 SUBTITLE C. STEVIE SELLOWS DIRECT SUPPORT PROFESSIONALS 89 QUALITY IMPROVEMENTS ......................................................................................... 140 90 SUBTITLE D. MEDICAID RESERVE RE-ESTABLISHMENT ................................. 140 91 SUBTITLE E. TELEHEALTH REIMBURSEMENT .................................................... 143 92 TITLE VI. OPERATIONS AND INFRASTRUCTURE ...................................................... 143 93 SUBTITLE A. OPPORTUNITY ACCOUNTS ................................................................ 143 94 SUBTITLE B. GREEN BUILDING FUND USE EXPANSION .................................... 146 95 SUBTITLE C. GAME OF SKILL MACHINES ............................................................. 146 96 SUBTITLE D. PAY-BY-PHONE TRANSACTION FEES FUND ................................ 174 97 SUBTITLE E. ENVIRONMENTAL SPECIAL PURPOSE REVENUE ACCOUNTS 98 ............................................................................................................................................... 176 99 SUBTITLE F. ALCOHOLIC BEVERAGE SALES AND DELIVERY ....................... 178 100 SUBTITLE G. THIRD-PARTY INSPECTION PLATFORM ...................................... 183 101 5 SUBTITLE H. PARKING RECIPROCITY FEE UPDATE AMENDMENT   ............. 184 102 SUBTITLE I. TAG TRANSFER FEE UPDATE AMENDMENT   ............................... 184 103 SUBTITLE J. ATE PROGRAM REPORTING REQUIREMENT AMENDMENT .. 185 104 SUBTITLE K. CAPACITY MARKET WITHDRAWAL FEASABILITY STUDY ... 185 105 SUBTITLE L. COMPETITIVE GRANT ......................................................................... 186 106 SUBTITLE M. URBAN AGRICULTURE FUNDING ................................................... 186 107 SUBTITLE N. WASTE DISPOSAL FEES ...................................................................... 187 108 SUBTITLE O. FAST FERRY GRANT ........................................................................... 187 109 TITLE VII. FINANCE AND REVENUE .............................................................................. 188 110 SUBTITLE A. PERSONAL PROPERTY TAX .............................................................. 188 111 SUBTITLE B. UNINCORPORATED BUSINESS FRANCHISE TAX ........................ 189 112 SUBTITLE C. BALLPARK REVENUE FUND .............................................................. 189 113 SUBTITLE D. EVENTS DC AUTHORITY ................................................................... 190 114 SUBTITLE E. PARKSIDE PARCEL E AND J MIXED-INCOME APARTMENTS 115 TAX ABATEMENT ........................................................................................................... 191 116 SUBTITLE F. OFF-PREMISES ALCOHOL TAX RATE ............................................ 191 117 SUBTITLE G. SUBJECT-TO-APPROPRIATIONS REPEALS AND 118 MODIFICATIONS ............................................................................................................. 192 119 SUBTITLE H. COUNCIL PERIOD 23 RULE 736 AND OTHER REPEALS ........... 196 120 SUBTITLE I. DISTRICT HISTORY GRANT ............................................................... 198 121 SUBTITLE J. NATIONAL CHERRY BLOSSOM FESTIVAL FUNDRAISING 122 MATCH ............................................................................................................................... 198 123 SUBTITLE K. MOTOR VEHICLE FUEL TAX ............................................................ 199 124 6 SUBTITLE L. NEW COMMUNITIES CLARIFICATION .......................................... 201 125 SUBTITLE M. QHTC TAX INCENTIVES MODIFICATION .................................... 202 126 SUBTITLE N. ADAMS MORGAN BID .......................................................................... 203 127 SUBTITLE O. SKYLAND TAX EXEMPTION .............................................................. 203 128 SUBTITLE P. COMBINED REPORTING TAX DEDUCTION DELAY.................... 204 129 SUBTITLE Q. ESTATE TAX ADJUSTMENT ............................................................... 205 130 SUBTITLE R. DISTRICT OF COLUMBIA LOW-INCOME HOUSING TAX 131 CREDIT CLARIFICATION ............................................................................................. 206 132 TITLE VIII. SPECIAL PURPOSE AND DEDICATED REVENUE FUNDS ................... 213 133 TITLE IX. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE ......................... 214 134 135 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 136 act may be cited as the “Fiscal Year 2021 Budget Support Emergency Act of 2020”. 137 TITLE I. GOVERNMENT DIRECTION AND SUPPORT 138 SUBTITLE A. ARCHIVES ADVISORY GROUP 139 Sec. 1001. Short title. 140 This subtitle may be cited as the “Archives Advisory Emergency Act of 2020”. 141 Sec. 1002. Archives Advisory Group. 142 (a) There is established an Archives Advisory Group to advise the Council of the District 143 of Columbia about Project AB102C in the District’s Capital Improvement Plan to construct a 144 new archives facility for the District of Columbia. 145 (b) The Archives Advisory Group shall consist of no fewer than 5 members and no more 146 than 11 members, all appointed by the Chairman of the Council. 147 7 (c) The Archives Advisory Group shall consider such matters as schedule, cost, and 148 building attributes regarding a new archives facility. The group shall make recommendations to 149 the Council whenever useful to the Council’s deliberative process. 150 (d) The Archives Advisory Group shall have access to all draft and final documents 151 relevant to planning and costing a new archives facility, including any feasibility study; 152 provided, that requests for documents shall be made through the Chairman of the Council. 153 (e) The Archives Advisory Group shall not be subject to the Open Meetings Act, 154 effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571 et seq.); provided, that 155 all meetings shall be open to the public. 156 (f) Members of the Archives Advisory Group shall not be reimbursed for expenses, nor 157 compensated. Any other necessary resources shall be coordinated by the Secretary to the 158 Council. 159 SUBTITLE B. AUDIT ENGAGEMENT FUND 160 Sec. 1011. Short title. 161 This subtitle may be cited as the “Audit Engagement Fund Emergency Act of 2019”. 162 Sec. 1012. Audit Engagement Fund. 163 (a) There is established as a special fund the Audit Engagement Fund (“Fund”), which 164 shall be administered by the Office of the District of Columbia Auditor in accordance with 165 subsection (c) of this section. 166 (b) The following shall be deposited into the Fund: 167 (1) All unspent local fund monies remaining in the operating budget for the Office 168 of the District of Columbia Auditor at the end of each fiscal year; and 169 8 (2) Any other funds received on behalf of the Fund or the Office of the District of 170 Columbia Auditor for the purpose of performing audits. 171 (c) Money in the Fund shall be used for operating expenses related to performing audits. 172 (d)(1) The money deposited into the Fund but not expended in a fiscal year shall not 173 revert to the unassigned fund balance of the General Fund of the District of Columbia at the end 174 of a fiscal year or at any other time. 175 (2) Subject to authorization in an approved budget and financial plan, any funds 176 appropriated in the Fund shall be continually available without regard to fiscal year limitation. 177 SUBTITLE C. FREEZE ON PAY INCREASES AND BENEFITS 178 Sec. 1031. Short title. 179 This subtitle may be cited as the “Balanced Budget and Financial Plan Freeze on Salary 180 Schedules, Benefits, and Cost-of-Living Adjustments Emergency Act of 2020”. 181 Sec. 1032. Definitions. 182 For the purposes of this subtitle, the term: 183 (1) “CMPA” means the District of Columbia Government Comprehensive Merit 184 Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 185 et seq.). 186 (2) “Covered agency” means an agency, office, or instrumentality of the District 187 government and independent agencies, as defined in section 301(13) of the CMPA, effective 188 March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-603.01(13)), except that the term 189 “covered agency” does not include the District of Columbia Housing Authority, the District of 190 Columbia Housing Finance Agency, the District of Columbia Public Charter School Board, the 191 District of Columbia Water and Sewer Authority, the Not-for-Profit Hospital Corporation, the 192 9 Board of Trustees of the University of the District of Columbia, or the Washington Convention 193 and Sports Authority. 194 (3) “Negotiated salary schedule” means a salary schedule specified in a collective 195 bargaining agreement. 196 (4) “Negotiated salary, wage, and benefits provision” means the salary and 197 benefits provided in a collective bargaining agreement. 198 (5) “Personnel authority” shall have the same meaning as set forth in section 199 301(14) of the CMPA. 200 Sec. 1033. Freeze on cost-of-living adjustments. 201 Notwithstanding any other provision of law, rule, or collective bargaining agreement, an 202 employee of a covered agency shall not receive a cost-of-living adjustment during the period 203 from October 1, 2020, through September 30, 2021. Nothing in this subtitle shall be construed to 204 prohibit collective bargaining on non-compensation issues. 205 Sec. 1034. Maintenance of Fiscal Year 2020 salary schedules and benefits. 206 Notwithstanding any other provision of law, collective bargaining agreement, 207 memorandum of understanding, side letter, or settlement, whether specifically outlined or 208 incorporated by reference, all Fiscal Year 2020 salary schedules of covered agencies shall be 209 maintained during Fiscal Year 2021 and no increase in salary or benefits, including increases in 210 negotiated salary, wage, and benefits provisions, and negotiated salary schedules, shall be 211 provided in Fiscal Year 2021 from the Fiscal Year 2020 salary and benefits levels of covered 212 agencies. 213 Sec. 1035. Rules. 214 10 To the extent authorized by the CMPA or other applicable law to issue rules to administer 215 the salary or benefits program of a covered agency, the personnel authority for a covered agency 216 may, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved 217 October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), issue rules to implement 218 this subtitle. 219 Sec. 1036. Revised revenue contingency. 220 Notwithstanding any other provision of law, a portion of the amount of local recurring 221 revenues included in the Chief Financial Officer’s revenue estimates issued prior to January 1, 222 2021 that exceeds the April 24, 2020 revenue estimate incorporated in the approved budget and 223 financial plan for Fiscal Year 2021 shall be deposited in the Workforce Investment Account in 224 order to satisfy the Fiscal Year 2021 negotiated salary adjustments set aside by section 1033 for 225 employees in the bargaining units covered by the collective bargaining agreements approved 226 pursuant to the Interest Arbitration Award and Collective Bargaining Agreement between the 227 District of Columbia Public Schools and the Office of the State Superintendent of Education and 228 the American Federation of State, County and Municipal Employees, District Council 20, Local 229 2921, AFL-CIO Emergency Approval Resolution of 2020, effective March 3, 2020 (Res. 23-374; 230 67 DCR 2735), and the Compensation Collective Bargaining Agreement between the District of 231 Columbia Government and Compensation Units 1 and 2, FY 2018-FY2021, Approval 232 Resolution of 2018, deemed approved February 23, 2018 (P.R. 22-738); provided, that if 233 amounts certified in a single revenue estimate are insufficient to satisfy the combined value of 234 the negotiated salary adjustments under both agreements, the Mayor or appropriate personnel 235 authority shall consult with the affected bargaining units as to how the available funds shall be 236 allocated. 237 11 Sec. 1037. Applicability. 238 This subtitle shall apply as of July 31, 2020. 239 SUBTITLE D. ADVISORY NEIGHBORHOOD COMMISSIONS TECHNICAL 240 SUPPORT AND ASSISTANCE 241 Sec. 1041. Short title. 242 This subtitle may be cited as the “Advisory Neighborhood Commissions Technical 243 Support and Assistance Emergency Amendment Act of 2020”. 244 Sec. 1042. The Advisory Neighborhood Commissions Act of 1975, effective March 26, 245 1976 (D.C. Law 1-58; D.C. Official Code § 1-309.01 et seq.) is amended as follows: 246 (a) Section 16(j)(3)(A)(iii) (D.C. Code § 1-309.13(j)(3)(A)(iii)), is amended by striking 247 the phrase “shall return to the District’s General Fund” and inserting the phrase “shall be 248 deposited in the Advisory Neighborhood Commissions Technical Support and Assistance Fund 249 established in section 16a” in its place. 250 (b) A new section 16a is added to read as follows: 251 “Sec. 16a. Advisory Neighborhood Commissions Technical Support and Assistance 252 Fund. 253 “(a) There is established as a special fund the Advisory Neighborhood Commissions 254 Technical Support and Assistance Fund (“Fund”), which shall be administered by the Office of 255 Advisory Neighborhood Commissions in accordance with subsection (c) of this section. 256 “(b) Money from the following sources shall be deposited in the Fund: 257 “(1) Such amounts as may be appropriated to the Fund; and 258 “(2) Any amounts allocated to Advisory Neighborhood Commissions pursuant to 259 section 738(e) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 260 12 Stat. 824; D.C. Code Official § 1-207.38(e)), that are forfeited pursuant to section 16(d)(3) or 261 (j)(3) or unclaimed by the last day of the fiscal year. 262 “(c) Money in the Fund shall be used to provide the following services and supports at 263 the request of Advisory Neighborhood Commissions and subject to such limitations or 264 prioritization as the Office may establish due to limitation of funding: 265 “(1) Planning, development, or procurement of a mobile or computer application 266 to assist Advisory Neighborhood Commissioners with outreach and engagement with their 267 constituents; 268 “(2) Supplementing any funding allocated for communications access services, 269 including sign language interpretation, computer-aided real-time transcription, and other services 270 and supports, for Advisory Neighborhood Commissions; provided, that the funding allocated for 271 this purpose prove insufficient; 272 “(3) Ensuring that Advisory Neighborhood Commissions have access to remote 273 meeting technologies necessary for their operations; 274 “(4) Providing or procuring audio-visual technology and services to support 275 Advisory Neighborhood Commissions; 276 “(5) Providing or procuring printing services for Advisory Neighborhood 277 Commissions; and 278 “(6) Providing or procuring website assistance for Advisory Neighborhood 279 Commissions. 280 “(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not 281 revert to the unassigned fund balance of the General Fund of the District of Columbia at the end 282 of a fiscal year or at any other time. 283 13 “(2) Subject to authorization in an approved budget and financial plan, any funds 284 appropriated in the Fund shall be continually available without regard to fiscal year limitation.”. 285 Sec. 1043. Applicability. 286 This subtitle shall apply as of September 30, 2020. 287 SUBTITLE E. RENEWABLE ENERGY FUTURE 288 Sec. 1051. Short title. 289 This subtitle may be cited as the “Renewable Energy Future Emergency Amendment Act 290 of 2020”. 291 Sec. 1052. The Department of General Services Establishment Act of 2011, effective 292 September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 10-551.01, et seq.), is amended as 293 follows: 294 (a) Section 1026 (D.C. Code § 10-551.05) is amended as follows: 295 (1) Subsection (a) is amended as follows: 296 (A) Paragraph (8) is amended by striking the phrase “; and” and inserting 297 a semicolon in its place. 298 (B) Paragraph (9) is amended by striking the period and inserting a 299 semicolon in its place. 300 (C) A new paragraph (10) is added to read as follows: 301 “(10) Any study of the feasibility of initiating or expanding renewable energy 302 generation, which shall include an analysis of the potential for capturing solar or other forms of 303 renewable energy that is conducted pursuant to subsection (c-1) of this section.”. 304 (2) A new subsection (c-1) is added to read as follows: 305 14 “(c-1) The Department shall produce and publish on its website an analysis of the 306 feasibility of initiating or expanding renewable energy generation, including an analysis of the 307 potential for capturing solar or other forms of renewable energy at each District-owned property 308 under the control of the Mayor on a rolling basis, with each property re-analyzed no less than 309 once every 10 years.”. 310 (b) A new section 1028d is added to read as follows: 311 “Section 1028d. Renewable energy generation at District-owned properties. 312 “(a) Subject to the availability of funding, the Department shall initiate or expand 313 renewable energy generation at every District-owned property under the control of the Mayor 314 where doing so is found feasible by the analysis required by section 1026(c-1) of this act. 315 “(b) Notwithstanding the Small and Certified Business Enterprise Development and 316 Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2- 317 218.01 et seq.) (“CBE Act”), or any other provision of District law or regulation, any contract 318 entered into to implement this section, absent a waiver pursuant to section 2351 of the CBE Act, 319 shall: 320 “(1) Be awarded to a qualified small business enterprise; provided, that if the 321 Department determines that there are not at least 2 qualified small business enterprises that can 322 provide the services or goods that are the subject of the contract, the Department may use any 323 qualified certified business enterprise; or 324 “(2) Require that at least 50% of the dollar volume of the contract shall be 325 subcontracted to qualified small business enterprises; provided, that if there are insufficient 326 qualified small business enterprises to meet the requirement and best efforts are made to ensure 327 that qualified small business enterprises are significant participants in the overall subcontracting 328 15 work, then the subcontracting requirement may be satisfied by subcontracting 50% of the dollar 329 volume to any qualified certified business enterprise.”. 330 SUBTITLE F. DC CENTER FOR THE LGBT COMMUNITY GRANT 331 Sec. 1061. Short title. 332 This subtitle may be cited as the “The DC Center for the LGBT Community Support 333 Emergency Amendment Act of 2020”. 334 Sec. 1062. For Fiscal Year 2021, the Department of General Services shall award the DC 335 Center for the LGBT Community a grant in the amount of $70,000 to sustain its operations while 336 the organization anticipates an upcoming move. 337 SUBTITLE G. ACCESS TO JOBS 338 Sec. 1071. Short title. 339 This subtitle may be cited as the “Access to Jobs Emergency Amendment Act of 2020”. 340 Sec. 1072. Section 3(b)(2) of the Office on Ex-Offender Affairs and the Commission on 341 Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. 342 Law 16-243; D.C. Official Code § 24-1302(b)(2)), is amended by adding new subparagraph (L) 343 to read as follows: 344 “(L) Establish and implement a pilot program to support the employment 345 of 10 returning citizens through grants to employers for 2 years beginning in Fiscal Year 2021; 346 provided, that: 347 “(i) To qualify for the program, an eligible employer shall: 348 “(I) Register with the Office on Returning Citizen Affairs to 349 accept applications for employment from eligible individuals; 350 16 “(II) Demonstrate that potential employees in the program 351 have opportunities for advancement within the eligible employer’s organization or industry; 352 “(III) Hire one or more eligible individuals who meet the 353 requirements of sub-subparagraph (ii) of this subparagraph; 354 “(IV) Be located within the District; 355 “(V) Pay each employed eligible individual at least the 356 minimum wage required pursuant to the Minimum Wage Act Revision Act of 1992, effective 357 March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1001 et seq.); 358 “(VI) Employ each eligible individual for a minimum of 359 20 hours per week for a minimum of 8 weeks; 360 “(VII) Submit an application; and 361 “(VIII) Provide documentation as required by the Office on 362 Returning Citizen Affairs to substantiate the satisfaction of each requirement of the program for 363 the participating eligible employer and for each eligible individual employed. 364 “(ii) For an eligible employer to receive a grant for the 365 employment of an eligible individual, the eligible individual must: 366 “(I) Have been previously incarcerated; 367 “(II) Be a resident of the District; 368 “(III) Have completed a workforce development and life 369 skills program within the District; and 370 “(IV) Have been unemployed for a period of at least one 371 month prior to being hired by the participating eligible employer. 372 “(iii) Grants offered through the pilot program shall be disbursed: 373 17 “(I) Initially, after an eligible employer has provided 374 documentation substantiating that the eligible employer employed an eligible individual for a 375 minimum of 20 hours per week for a minimum of 8 weeks; 376 “(II) Subsequent to the initial disbursement, at the end of 377 each month that the eligible individual is employed pursuant to the requirements of the program; 378 “(iv) The maximum amount of the grant disbursements offered 379 through the pilot program to each participating eligible employer shall be: 380 “(I) For the first year that an eligible individual is employed 381 by a participating eligible employer, 40% of the minimum wage for a period not to exceed 40 382 hours per week and 2,080 hours per year for each eligible individual hired under the pilot 383 program; and 384 “(II) For the second year that an eligible individual is 385 employed by the same participating eligible employer, 80% of the minimum wage for a period 386 not to exceed 40 hours per week and 2,080 hours per year for each eligible individual hired under 387 the pilot program. 388 “(v)(I) The total amount of funding expended through the pilot 389 program shall not exceed the amount budgeted for the program. 390 “(II) Eligible employers shall receive funding in the order 391 that they successfully provide the documentation required pursuant to sub-subparagraph (i)(VII) 392 of this subparagraph for the employment of an eligible individual. 393 “(III) For each eligible individual for whom documentation 394 successfully has been submitted, an amount of funds shall be set aside such that the eligible 395 employer may be reimbursed for the employment of an eligible individual for a period no shorter 396 18 than the remainder of the fiscal year during which the documentation was submitted, and the 397 remainder of the assistance shall be subject to the availability of funding.”. 398 SUBTITLE H. PARALEGAL PROGRAM ESTABLISHMENT 399 Sec. 1081. Short title. 400 This subtitle may be cited as the “Returning Citizen Paralegal Fellowship Initiative Pilot 401 Program Emergency Amendment Act of 2020”. 402 Sec. 1082. Section 3(b)(2) of the Office on Ex-Offender Affairs and the Commission on 403 Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. 404 Law 16-243; D.C. Official Code § 24-1302(b)(2)), is amended by adding a new subparagraph 405 (M) to read as follows: 406 “(M) Conduct a Paralegal Fellowship Initiative pilot program that places a 407 cohort of returning citizen students in an accredited, university-based paralegal certification 408 program located in the District of Columbia, while providing the students with support services 409 necessary for their success.”. 410 SUBTITLE I. NON-PROFIT FAIRNESS ANALYSIS 411 Sec. 1091. Short title. 412 This subtitle may be cited as the “Non-Profit Reimbursement Fairness Analysis Emergency 413 Amendment Act of 2020”. 414 Sec. 1092. Section 204(b) of the Procurement Practices Reform Act of 2010, effective 415 April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-352.04(b)) is amended as follows: 416 (a) Paragraph (15) is amended by striking the phrase “; and” and inserting a semicolon in 417 its place. 418 19 (b) Paragraph (16) is amended by striking the period and inserting the phrase “; and” in 419 its place. 420 (c) A new paragraph (17) is added to read as follows: 421 “(17) To issue a report to the Mayor and the Council by April 1, 2021, that 422 includes: 423 “(A) A review and analysis of the funding of indirect costs in the terms of 424 grant agreements or contracts entered into between non-profit organizations and the District 425 government; 426 “(B) A table listing the federal funding associated with contracts or grants 427 passed through to nonprofit organizations by the District government in Fiscal Year 2020, 428 including any funding passed through to non-profit organizations to meet their indirect costs and 429 any funding retained by the District rather than being passed through for this purpose; and 430 “(C) Any recommended amendments to law, regulations, policy, or 431 training in order to ensure the legal, fair, and consistent funding of indirect costs to non-profit 432 organizations by the District.”. 433 SUBTITLE J. INDIGENOUS PEOPLES’ DAY 434 Sec. 1101. Short title. 435 This subtitle may be cited as the “Indigenous Peoples’ Day Emergency 436 Amendment Act of 2020”. 437 Sec. 1102. Section 1202(a)(7) of the District of Columbia Government 438 Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-319; 439 D.C. Official Code § 1-612.02(a)(7)), is amended by striking the phrase “Columbus Day” 440 and inserting the phrase “Indigenous Peoples’ Day” in its place. 441 20 Sec. 1103. Section 25-723(c)(1)(B) of the District of Columbia Official Code is 442 amended by striking the phrase “Columbus Day” and inserting the phrase “Indigenous 443 Peoples’ Day” in its place. 444 Sec. 1104. Section 28-2701 of the District of Columbia Official Code is amended 445 by striking the phrase “Columbus Day” and inserting the phrase “Indigenous Peoples’ 446 Day” in its place. 447 SUBTITLE K. CAMPAIGN FINANCE REFORM IMPLEMENTATION 448 Sec. 1111. Short title. 449 This subtitle may be cited as the “Campaign Finance Reform Emergency Amendment 450 Act of 2020”. 451 Sec. 1112. Section 1108(c-1) of the District of Columbia Government Comprehensive 452 Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1- 453 611.08(c-1)), is amended as follows: 454 (a) Paragraph (9) is amended by striking the semicolon and inserting the phrase “; and” in 455 its place. 456 (b) Paragraph (10) is amended by striking the phrase “; and” and inserting a period in its 457 place. 458 (c) Paragraph (11) is repealed. 459 Sec. 1113. Title III of the Board of Ethics and Government Accountability Establishment 460 and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 461 19-124; D.C. Official Code § 1-1163.01 et seq.), is amended as follows: 462 (a) Section 302a(h) (D.C. Official Code § 1-1163.02a(h)) is amended to read as follows: 463 21 “(h) Members of the Campaign Finance Board, including the Chairperson, shall not 464 receive compensation for their service on the Campaign Finance Board.”. 465 (b) Section 309(b) (D.C. Official Code § 1-1163.09(b)) is amended to read as follows: 466 “(b) The reports required by subsection (a) of this section shall be filed on the 10th day of 467 March, June, August, October, and December in the 7 months preceding the date on which, and 468 in each year during which, an election is held for the office sought, and 8 days before a special or 469 general election, and also by the 31st day of January each year. In addition, the reports shall be 470 filed on the 31st day of July of each year in which there is no election. The reports shall be 471 complete as of the date prescribed by the Director of Campaign Finance, which shall not be more 472 than 5 days before the date of filing, except that any contribution of $200 or more received after 473 the closing date prescribed by the Director of Campaign Finance for the last report required to be 474 filled before the election shall be reported within 24 hours after its receipt.”. 475 Sec. 1114. Section 10 of the Campaign Finance Reform Amendment Act of 2018, 476 effective March 13, 2019 (D.C. Law 22-250; 66 DCR 985), is amended to read as follows: 477 “Sec. 10. Applicability. 478 “(a) Sections 6(b)(4), (8), and (22), and (pp), 8, and 9: 479 “(1)(A) Shall apply upon the date of inclusion of their fiscal effect in an approved 480 budget and financial plan. 481 “(B) The Chief Financial Officer shall certify the date of the inclusion of 482 the fiscal effect in an approved budget and financial plan and provide notice to the Budget 483 Director of the Council of the certification. 484 “(C)(i) The Budget Director shall cause the notice of the certification to be 485 published in the District of Columbia Register. 486 22 “(ii) The date of publication of the notice of the certification shall 487 not affect the applicability of sections 6(b)(4), (8), and (22), and (pp), 8, and 9. 488 “(2) Shall not apply to contracts, as defined in section 101(10C)(A)(ii) of the 489 Board of Ethics and Government Accountability Establishment and Comprehensive Ethics 490 Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official 491 Code § 1-1161.01(10C)(A)(ii)), including those contracts’ option periods or similar contract 492 extensions or modifications, sought, entered into, or executed before the applicability date of 493 sections 6(b)(4), (8), and (22), and (pp), 8, and 9. 494 “(b)(1) Notwithstanding any other law, the functions and duties transferred to the 495 Campaign Finance Board pursuant to this act shall continue to be implemented by the Elections 496 Board or the Director of Campaign Finance, as applicable, until the date that the Campaign 497 Finance Board has a quorum of members. 498 “(2) All rules, orders, obligations, determinations, grants, contracts, 499 licenses, and agreements of the Board of Elections transferred to the Campaign Finance 500 Board under this act shall continue in effect according to their terms until lawfully 501 amended, repealed, or modified.”. 502 TITLE II. ECONOMIC DEVELOPMENT AND REGULATION 503 SUBTITLE A. BUSINESS RECOVERY TASK FORCE ESTABLISHMENT 504 Sec. 2001. Short title. 505 This subtitle may be cited as the “Business Recovery Task Force Emergency Act of 2020”. 506 Sec. 2002. There is established the Business Recovery Task Force (“Task Force”) to 507 provide recommendations to the Mayor and Council regarding the recovery of the District’s 508 businesses following the end of the COVID-19 emergency. 509 23 Sec. 2003. Membership; appointment; staff; meetings. 510 (a) The Task Force shall be composed of: 511 (1) The following government members, or their designees: 512 (A) The Deputy Mayor for Planning and Economic Development; 513 (B) The Director of the Department of Small and Local Business 514 Development and 515 (C) The Chairperson of the Council’s Committee on Business and 516 Economic Development; and 517 (2) Eight representatives of business enterprises, one from each Ward, all 518 of whom shall be District residents, who collectively represent industries and geographical areas 519 hardest hit by the COVID-19 emergency, with at least one representative being an owner of an 520 equity impact enterprise as defined by section 2302(8A) of the Small and Certified Business 521 Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16- 522 33; D.C. Official Code § 2-218.02(8A)) (“CBE Act”). 523 (b) The business representatives shall be appointed by the Chairman of the Council after 524 receiving recommendations made by the Chairperson of the Council Committee on Business and 525 Economic Development and shall serve without compensation. 526 (c) The Chairperson of the Task Force shall be designated by the Chairperson of the 527 Council’s Committee on Business and Economic Development from among the business 528 representatives. 529 (d) The Department of Small and Local Business Development (“Department”) shall 530 provide administrative support for the Task Force. 531 24 (e) If, when all the members have been appointed and the Task Force is functioning, the 532 COVID-19 emergency is still in effect, the Task Force shall convene monthly. After the COVID- 533 19 emergency has been lifted, the Task Force shall meet not less frequently than quarterly until 534 dissolved. 535 Sec. 2004. Reporting requirement. 536 Within 180 days after the appointment of the appointed members, the Task Force shall 537 submit a report to the Mayor and the Council that addresses the following: 538 (1) Recommendations to identify and access available technical and financial 539 assistance opportunities, including the Small Business Administration Disaster Relief funds and 540 other federal funds as they become available; 541 (2) Support for outreach and educational efforts to small businesses; and 542 (3) Long-term policy recommendations for economic recovery of small 543 businesses following the COVID-19 emergency. 544 Sec. 2005. Definitions. 545 For the purposes of this subtitle, term: 546 (1) “COVID-19 emergency” means the public health emergencies declared in the 547 Declaration of Public Emergency (Mayor’s Order 2020-045) together with the Declaration of 548 Public Health Emergency (Mayor’s Order 2020-046), declared on March 11, 2020, including any 549 extension of those declared emergencies. 550 (2) “Small business enterprise” shall have the same meaning as provided in 551 2302(16) of the CBE Act. 552 Sec. 2006. Sunset. 553 25 The Task Force shall dissolve, and this subtitle shall expire as of the date the Task Force 554 submits the report required by section 2004. 555 SUBTITLE B. NEW YORK AVENUE, N.E., RETAIL PRIORITY AREA 556 EXPANSION 557 Sec. 2011. Short title. 558 This subtitle may be cited as the “New York Avenue, N.E., Retail Priority Area 559 Expansion Emergency Amendment Act of 2020”. 560 Sec. 2012. Section 4(k) of the Retail Incentive Act of 2004, effective September 8, 2004 561 (D.C. Law 15-185; D.C. Official Code § 2-1217.73(k)), is amended by adding a new paragraph 562 (3) to read as follows: 563 “(3) In addition to the areas described in paragraphs (1) and (2) of this subsection, 564 the New York Avenue, N.E., Retail Priority Area shall consist of the area beginning at the 565 intersection of Montello Avenue, N.E., and Florida Avenue, N.E., continuing northeast along 566 Montello Avenue, N.E., until Mt. Olivet Road, N.E.”. 567 SUBTITLE C. OPPORTUNITY ZONE TAX BENEFITS 568 Sec. 2021. Short title. 569 This subtitle may be cited as the “Aligning Opportunity Zone Tax Benefits with DC 570 Community Priorities Emergency Act of 2020”. 571 Sec. 2022. Title 47 of the District of Columbia Official Code is amended as follows: 572 (a) Section 47-1801.04 is amended by adding new paragraphs (39A), (39(B), (39C), and 573 (39D) to read as follows: 574 26 “(39A) “Qualified Opportunity Fund” shall have the same meaning as set forth in 575 section 13823 of the Internal Revenue Code of 1986, approved December 22, 2017 (131 Stat. 576 2184; 26 U.S.C. § 1400Z-2) (“section 13823”). 577 “(39B) “Qualified Opportunity Zone” shall have the same meaning as set forth in 578 section 13823. 579 “(39C) “Qualified Opportunity Zone Business” shall have the same meaning as 580 set forth in section 13823. 581 “(39D) “Qualified Opportunity Zone Business property” shall have the same 582 meaning as set forth in section 13823.”. 583 (b) Section 47-1803.03(a) is amended by adding a new paragraph (20) to read as follows: 584 “(20) Capital Gains. -- 585 “(A) Deferral of a capital gains tax payment for investing in a Qualified 586 Opportunity Fund (“QOF”) shall be realized only if the taxpayer invests in a QOF that meets the 587 criteria set forth in subparagraph (D) of this paragraph; 588 “(B) Reduction of capital gains tax liability through a 10% step-up in 589 basis, if invested in a QOF for 5 years prior to December 31, 2026, and an additional 5% step-up 590 in basis, if invested in a QOF for 7 years prior to December 31, 2026, shall be realized only if the 591 taxpayer invests in a QOF that meets the criteria set forth in subparagraph (D) of this paragraph; 592 “(C) Abatement of capital gains tax on an investment of capital gains in a 593 QOF for at least 10 years before December 31, 2047, shall be realized only if the taxpayer 594 invests in a QOF that meets the criteria set forth in subparagraph (D) of this paragraph; 595 “(D) To receive the benefits described in subparagraphs (A), (B), and (C) 596 of this paragraph, the taxpayer shall: 597 27 “(i) Invest in a QOF that: 598 “(I) Is certified by the Mayor as an eligible QOF pursuant 599 to subparagraph (E) of this paragraph; 600 “(II) Has invested at least the value of the taxpayer’s 601 investment in the QOF in a Qualified Opportunity Zone in the District; and 602 “(III) Has submitted its IRS Form 8996 to the Office of Tax 603 and Revenue for the tax year in which the taxpayer is seeking the benefits described in 604 subparagraphs (A), (B), and (C) of this paragraph; and 605 “(ii) Submit an IRS Form 8997 to the Office of Tax and Revenue 606 for the tax year in which the taxpayer is seeking the benefits described in subparagraphs (A), (B), 607 and (C) of this paragraph. 608 “(E) To be certified by the Mayor as an eligible QOF, a QOF shall submit 609 to the Mayor documentation showing: 610 “(i) That some or all of its investments in Qualified Opportunity 611 Zone Businesses and Qualified Opportunity Zone Business property are in businesses or property 612 that: 613 “(I) Have been selected by the District government for a 614 grant, loan, tax incentive, tax abatement, or other benefit or incentive intended to promote 615 economic or community development in the District; 616 “(II) Have been selected by the Office of the Deputy Mayor 617 for Planning and Economic Development to manage the redevelopment of a property, with 618 respect to a business, or that are owned or disposed of by the District government, with respect to 619 a property; 620 28 “(III) Have an unconditioned resolution of support from the 621 Advisory Neighborhood Commission in which the business or property is located or a 622 conditional resolution of support from the Advisory Neighborhood Commission in which the 623 business or property is located and the Mayor determines that each of the conditions of the 624 resolution have been met; or 625 “(IV) Are located in the District and have been scored by 626 the QOF using the Urban Institute’s Opportunity Zone Community Impact Assessment Tool, or 627 other assessment tool approved by the Mayor, and received a score of 75 (or its equivalent) or 628 greater; and 629 “(ii) That the dollar amount of the investments that the QOF has 630 made in Qualified Opportunity Zone Businesses and Qualified Opportunity Zone Business 631 property meet the standards set forth in sub-subparagraph (i) of this subparagraph.”. 632 SUBTITLE D. STREETSCAPE BUSINESS DEVELOPMENT RELIEF 633 Sec. 2031. Short title. 634 This subtitle may be cited as the “Streetscape Business Development Relief Fund 635 Expansion Emergency Amendment Act of 2020”. 636 Sec. 2032. Section 603 of the Streetscape Fund Amendment Act of 2010, effective April 637 8, 2011 (D.C. Law 18-370; D.C. Official Code § 1-325.191), is amended as follows: 638 (a) Subsection (c) is amended as follows: 639 (1) Strike the phrase “to any individual” and insert the phrase “to a District Main 640 Streets Program organization or individual” in its place. 641 (2) Strike the phrase “business inside or adjoining” and insert the phrase “business 642 within the project boundaries of or adjoining” in its place. 643 29 (3) Strike the phrase “grant, a retail business” and insert the phrase “grant, a 644 District Main Streets Program organization or individual or entity operating a retail business” in 645 its place. 646 (4) Strike the phrase “submitted by the retail” and insert the phrase “submitted by 647 the District Main Street Program organization or individual or entity operating a retail” in its 648 place. 649 (b) A new subsection (e) is added to read as follows: 650 “(e) Within 180 days of the end of the Fiscal Year 2020, and every year thereafter, the 651 Department shall submit a report to detailing all loans, grants, and sub-grants issued pursuant to 652 this section, including information on the dollar amount disbursed, recipients of financial 653 assistance, and whether the recipient is a certified business enterprise.”. 654 SUBTITLE E. EQUITY IMPACT ENTERPRISE ESTABLISHMENT 655 Sec. 2041. Short title. 656 This subtitle may be cited as the “Equity Impact Enterprise Establishment Emergency 657 Amendment Act of 2020”. 658 Sec. 2042. The Small and Certified Business Enterprise Development and Assistance Act 659 of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.), is 660 amended as follows: 661 (a) The table of contents is amended by adding a new part D-i to read as follows: 662 “Part D-i. Programs for equity impact enterprises. 663 “Sec. 2377. Equity impact enterprise.”. 664 (b) Section 2302 (D.C. Official Code § 2-218.02) is amended by adding a new paragraph 665 (8A) to read as follows: 666 30 “(8A) “Equity impact enterprise” means a business enterprise that is a resident- 667 owned business and a small business enterprise that can demonstrate that it is at least 51% owned 668 by an individual who is, or a majority number of individuals who are: 669 “(A) Economically disadvantaged individuals; or 670 “(B) Individuals who have been subjected to racial or ethnic prejudice or 671 cultural bias because of their identity as a member of a group without regard to their individual 672 qualities.”. 673 (c) Section 2343(a) (D.C. Official Code § 2-218.43(a)) is amended as follows: 674 (1) Paragraph (1) is amended as follows: 675 (A) Subparagraph (G) is amended by striking the phrase “; and” and 676 inserting a semicolon in its place. 677 (B) Subparagraph (H) is amended by striking the period and inserting the 678 phase “; and” in its place. 679 (C) A new subparagraph (I) is added to read as follows: 680 “(I) Five points for an equity impact enterprise.”. 681 (2) Paragraph (2) is amended as follows: 682 (A) Subparagraph (G) is amended by striking the phrase “; and” and 683 inserting a semicolon in its place. 684 (B) Subparagraph (H) is amended by striking the period and inserting the 685 phase “; and” in its place. 686 (C) A new subparagraph (I) is added to read as follows: 687 “(I) Ten percent for an equity impact enterprise.”. 688 (d) Section 2347 (D.C. Official Code § 2-218.47) is amended to read as follows: 689 31 “Sec. 2347. Unbundling requirement; rulemaking requirement. 690 “(a)(1) No later than January 1, 2021, the Mayor, pursuant to Title I of the District of 691 Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. 692 Official Code § 2-501 et seq.), shall issue rules on unbundling that include procedures to ensure 693 that solicitations are subdivided and unbundled and that smaller contracts are created to the 694 extent feasible and fiscally prudent. 695 “(2) The proposed rules required by paragraph (1) of this subsection shall be 696 submitted to the Council for a 30-day period of review, excluding days of Council recess. If the 697 Council does not approve or disapprove the proposed rules by resolution within the 30-day 698 review period, the proposed rules shall be deemed approved. 699 “(b) Beginning on January 1, 2021, and quarterly thereafter, the Department shall 700 publicly make available on its website solicitations that have been subdivided and unbundled. 701 “(c) Five years from the effective date of the Equity Impact Enterprise Establishment 702 Amendment Act of 2020, passed on 1st reading, July 7, 2020 (Engrossed version of Bill 23-760), 703 the Mayor shall evaluate the effectiveness of the equity impact enterprise program and whether 704 or not it has resulted in creating more contracting opportunities for equity impact enterprises and 705 submit the evaluation to the Council. 706 “(d) The Department shall provide targeted technical assistance, networking 707 opportunities, and vendor workshops to prepare equity impact enterprises to compete for 708 contracting and procurement opportunities.”. 709 (e) Section 2349(b) (D.C. Official Code § 2-218.49(b)) is amended to read as follows: 710 “(b) No later than October 1, 2020, the Mayor shall implement a pilot program for equity 711 impact enterprises.”. 712 32 (f) Section 2375(d)(1) (D.C. Official Code § 2-218.75(d)(1)) is amended by striking the 713 phrase “or a resident-owned business enterprises pursuant to section 2235” and inserting the 714 phrase “a resident-owned business enterprise pursuant to section 2235, or an equity impact 715 enterprise as defined in section 2302(8A)” in its place. 716 (g) A new Part D-i is added to read as follows: 717 “Part D-i. Programs for Equity impact enterprises. 718 “Sec. 2377. Equity impact enterprise. 719 “An equity impact enterprise, as defined in section 2302(8A), shall be eligible for 720 certification as an impact enterprise.”. 721 Sec. 2043. Section 2 of the Minority and Women-Owned Business Assessment Act of 722 2008, effective March 26, 2008 (D.C. Law 17-136; D.C. Official Code § 2-214.01), is amended 723 as follows: 724 (a) Subsection (a) is amended as follows: 725 (1) Paragraph (2) is amended by striking the phrase “; and” and inserting a 726 semicolon in its place. 727 (2) Paragraph (3) is amended by striking the period and inserting the phrase “; 728 and” in its place. 729 (3) A new paragraph (4) is added to read as follows: 730 “(4) Ensure all District agencies with procurement authority, including 731 independent agencies, are trained to evaluate, collect, and accurately track spending data as well 732 as demographic data such as race and gender, upon request of District contract and procurement 733 awardees to better assess the District utilization of equity impact enterprises, minority-owned 734 prime contractors and subcontractors, and women-owned prime contractors and subcontractors.”. 735 33 (b) Subsection (b-1) is amended as follows: 736 (1) The lead-in text of paragraph (1) is amended to read as follows: 737 “In Fiscal Year 2021, the Mayor shall contract with a person or entity to conduct a 738 District-based study (“disparity study”) to:”. 739 (2) A new paragraph (1A) is added to read as follows: 740 “(1A) All agencies with procurement authority, including independent agencies, 741 shall coordinate with the Executive Office of the Mayor to provide timely and accurate 742 information to assist with the completion of the disparity study.”. 743 (3) Paragraph (2) is amended by striking the phrase “270 days after October 30, 744 2018” and inserting the phrase “450 days after October 30, 2020” in its place. 745 SUBTITLE F. DMPED LIMITED GRANT-MAKING AUTHORITY 746 Sec. 2051. Short title. 747 This subtitle may be cited as the “Deputy Mayor for Planning and Economic 748 Development Limited Grant Making Authority Emergency Amendment Act of 2020”. 749 Sec. 2052. Section 2032 of the Deputy Mayor for Planning and Economic Development 750 Limited Grant-Making Authority Act of 2012, effective September 12, 2012 (D.C. Law 19-168; 751 D.C. Official Code § 1-328.04), is amended as follows: 752 (a) Subsection (d) is amended as follows: 753 (1) Paragraph (2) is amended by striking the phrase “; and” and inserting a 754 semicolon in its place. 755 (2) Paragraph (3) is amended by striking the period and inserting a semicolon in 756 its place. 757 (3) New paragraphs (4), (5), and (6) are added to read as follows: 758 34 “(4)(A) Funds to Equity Impact Enterprises operating in Wards 5, 7, or 8 to 759 increase economic or community development in an underserved area of the District; 760 “(B) For the purposes of this paragraph, the term “Equity Impact 761 Enterprise” shall have the same meaning as set forth in section 2302(8A) of the Small and 762 Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 763 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02 (8A)); 764 “(5) Funds to provide real property tax rebates pursuant to D.C. Official Code 765 § 47-4665, in amount not to exceed $3 million in a fiscal year; provided, that in Fiscal Year 766 2021, the amount shall not exceed $580,366; 767 “(6) Beginning in Fiscal Year 2021 and annually thereafter, the Deputy Mayor 768 shall award a grant of not less than $200,000 to an organization that advances equitable 769 economic development by facilitating and increasing the number of procurement contracts for 770 products and services between District-based businesses and large-scale anchor institutions, such 771 as universities and hospitals.”. 772 (b) A new subsection (i) is added to read as follows: 773 “(i)(1) Notwithstanding section 1094 of the Grant Administration Act of 2013, effective 774 December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.13), in Fiscal Year 2021, the 775 Deputy Mayor shall award a grant to a bank chartered under the laws of the District on or before 776 March 11, 2020, in an amount of at least $1 million for purposes that: 777 “(A) Support an equitable economic recovery for the District of Columbia; 778 and 779 “(B) Increase access to loans, grants, financial services, and banking 780 products to District residents, businesses, nonprofits, and community-based organizations. 781 35 “(2) A grantee who receives a grant pursuant to paragraph (1) of this subsection 782 shall submit to the Deputy Mayor by September 30, 2021, information on the use of the grant 783 funds, including: 784 “(A) A description of services provided through the grant funds; 785 “(B) The aggregate number of individuals, businesses, nonprofits, and 786 community-based organization, by recipient type, receiving support from the grantee and the 787 aggregate amount received, by recipient type; 788 “(C) Except as may be prohibited by federal law, the business name and 789 address for each business receiving support from the grantee and the amount received by each 790 such business; and 791 “(D) The number of homeowners receiving support from the grantee and 792 the total amount spent to assist District homeowners. 793 “(3) The Deputy Mayor shall provide to the Council a report based on the 794 information required by paragraph (2) of this subsection, along with a summary analysis of the 795 efficacy and benefits of the grants issued by the grantee, by November 1, 2021.”. 796 Sec. 2053. Section 47–4665 of the District of Columbia Official Code is amended as 797 follows: 798 (a) Subsection (b) is amended by striking the phrase “shall receive,” and inserting the 799 phrase “may receive” in its place. 800 (b) Subsection (c)(1) is amended by striking the phrase “shall be equal” and inserting the 801 phrase “shall be equal, subject to the availability of funds,” in its place. 802 (c) Subsection (f) is amended as follows: 803 (1) The existing language designated as paragraph (1). 804 36 (2) A new paragraph (2) is added to read as follows: 805 “(2) Notwithstanding paragraph (1) of this subsection, the total combined rebate 806 payments for Fiscal Year 2021 for all occupants under this section shall not exceed $580,366.”. 807 SUBTITLE G. TAX ABATEMENTS FOR AFFORDABLE HOUSING 808 Sec. 2061. Short title. 809 This subtitle may be cited as the “Tax Abatements for Affordable Housing in High-Need 810 Areas Emergency Amendment Act of 2020”. 811 Sec. 2062. Chapter 8 of Title 47 of the District of Columbia Official Code is amended as 812 follows: 813 (a) The table of contents is amended by adding a new section designation to read as 814 follows: 815 “47-860. Tax abatement for affordable housing in high-need affordable housing areas.”. 816 (b) A new section 47-860 is added to read as follows: 817 “§ 47-860. Tax abatement for affordable housing in high-need affordable housing areas. 818 “(a) Real property tax imposed by § 47-811 on real property certified as eligible pursuant 819 to subsection (d) of this section shall be abated for the period set forth in subsection (c) of this 820 section; provided, that: 821 “(1) The real property is located in a high-need affordable housing area; 822 “(2) The real property is designated by the Mayor pursuant to subsection (b) of 823 this section; 824 “(3) For the duration of the period set forth in subsection (c) of this section, at 825 least one third of the housing units developed or redeveloped on the real property are affordable 826 to and rented by households earning on average 80% or less of the median family income; 827 37 provided, that during such period no such household earns more than 100% of the median family 828 income; 829 “(4) The developer files a covenant in the land records of the District, binding on 830 the developer and all of its successors in interest with respect to the property, covenanting to 831 comply with the requirements of paragraph (3) of this subsection; 832 “(5) The developer enters into an agreement with the District that requires the 833 developer to, at a minimum, contract with certified business enterprises for at least 35% of the 834 contract dollar volume of the construction and operations of the project, in accordance with 835 section 2349 of the CBE Act; 836 “(6) The developer enters into a First Source Agreement for the operations of the 837 project; and 838 “(7) The developer enters into an agreement with the Mayor setting forth the 839 requirements of this subsection and such other terms and conditions as the Mayor considers 840 appropriate. 841 “(b) The Mayor may, through a competitive process, designate real property to be eligible 842 to receive a tax abatement under this section; provided, that the total amount of the tax 843 abatements associated with real property designated by the Mayor pursuant to this subsection 844 shall not exceed $200,000 in Fiscal Year 2024 and shall not exceed $4 million annually 845 thereafter. 846 “(c) The tax abatement provided for by this section shall begin in the tax year 847 immediately following the tax year during which the certificate of occupancy was issued for the 848 final housing unit counted toward satisfying the affordability requirement of subsection (a)(3) of 849 this section and shall continue until the end of the 30th tax year after the tax year during which 850 38 such certificate of occupancy is issued; provided, that the Mayor may opt to continue the tax 851 abatement provided for by this section until the end of the 40th tax year after the tax year during 852 which such certificate of occupancy is issued; provided further, that the tax abatement provided 853 for by this section shall not begin before October 1, 2023. 854 “(d)(1) The Mayor shall certify to the Office of Tax and Revenue a real property’s 855 eligibility for the abatement provided by this section. The Mayor’s certification shall include: 856 “(A) A description of the real property by street address, square, suffix, 857 and lot; 858 “(B) The date the certificate of occupancy was issued for the final housing 859 unit counted toward satisfying the affordability requirements of subsection (a)(3) of this section; 860 “(C) The date the tax abatement begins and ends under subsection (c) of 861 this section; 862 “(D) A statement that the conditions specified in subsection (a) of this 863 section have been satisfied; and 864 “(E) The amount of abatement allocated to the property pursuant to 865 subsection (b) of this section; and 866 “(F) Any other information that the Mayor considers necessary or 867 appropriate. 868 “(2) If at any time the Mayor determines that the real property has become 869 ineligible for the abatement provided by this section, the Mayor shall notify the Office of Tax 870 and Revenue and shall specify the date that the property became ineligible. The entire property 871 shall be ineligible for the abatement on the first day of the tax year following the date when the 872 ineligibility occurred. 873 39 “(e) The tax abatement provided by this section shall be in addition to, not in lieu of, any 874 other tax relief or assistance from any other source. 875 “(f) The requirements of the First Source Act shall not apply to the construction or 876 development of a project developed on real property designated by the Mayor pursuant to 877 subsection (b) of this section. 878 “(g) For the purposes of this section, the term: 879 “(1) “CBE Act” means the Small and Certified Business Enterprise Development 880 and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 881 2-218.01 et seq.). 882 “(2) “Certified business enterprise” means a business enterprise or joint venture 883 certified pursuant to the CBE Act. 884 “(3) “Developer” means the owner of housing units on real property eligible for a 885 tax abatement under this section. 886 “(4) “First Source Act” means the First Source Employment Agreement Act of 887 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Official Code § 2- 219.03). 888 “(5) “First Source Agreement” means an agreement with the District governing 889 certain obligations of the Developer pursuant to section 4 of the First Source Act, and Mayor’s 890 Order 83-265, dated November 9, 1983, regarding job creation and employment. 891 “(6) “High-need affordable housing area” means the 4 planning areas identified in 892 the District’s Housing Equity Report, published in October 2019, with the highest dedicated 893 affordable housing production goals (Rock Creek West, Rock Creek East, Capitol Hill, and 894 Upper Northeast), plus 1,000 feet in any direction beyond any of those 4 planning area 895 boundaries. 896 40 “(7) “Median Family Income” has the meaning set forth in section 101(5) of the 897 Inclusionary Zoning Implementation Amendment Act of 2006, effective September 23, 2017 898 (D.C. Law 16-275; D.C. Official Code § 6-1041.01(5)).”. 899 “(h) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 900 Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue 901 regulations to implement this section.”. 902 SUBTITLE H. HEALTHCARE WORKFORCE PARTNERSHIP 903 Sec. 2071. Short title. 904 This subtitle may be cited as the “Healthcare Workforce Partnership Establishment 905 Emergency Act of 2020”. 906 Sec. 2072. Definitions 907 (1) “HWI grant” means the grant awarded to the Intermediary pursuant to section 908 3. 909 (2) “Intermediary” means the entity selected to be the Healthcare Workforce 910 Intermediary pursuant to section 3. 911 (3) “Partnership” means the Healthcare Workforce Partnership established 912 pursuant to section 5. 913 (4) “Training” means occupational skills training for occupations in the healthcare 914 sector. 915 (5) “WIC” means the Workforce Investment Council. 916 (6) “WIOA” means the Workforce Innovation Opportunity Act, approved July 22, 917 2014 (128 Stat. 1425; 29 U.S.C. 3101 et seq.). 918 Sec. 2073. Establishment of a Healthcare Workforce Intermediary. 919 41 (a)(1) By December 1, 2020 the WIC shall select, through award of a grant, the 920 Healthcare Workforce Intermediary to establish, convene, and assist the Healthcare Workforce 921 Partnership. 922 (2) Consistent with Grant Administration Act of 2013, effective December 24, 923 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), the WIC shall issue multi-year 924 grants for a period of 4 years, subject to the availability of funds. 925 (b) The entity selected to be the Intermediary shall: 926 (1) Be a non-profit organization, industry association, or community-based 927 organization; and 928 (2) Have a proven track record of success convening healthcare sector employers 929 or have a significant role in the healthcare sector; 930 (3) Have existing relationships with training providers; and 931 (4) Have a proven track record of successful fundraising. 932 (c) Over the course of the HWI grant, the WIC shall: 933 (1) Provide technical assistance to the Partnership through the Intermediary, 934 which may include: 935 (A) Assisting the Partnership in obtaining data and information from 936 District agencies; 937 (B) Providing the Partnership with customized labor market and economic 938 analysis; 939 (C) Providing the Partnership with education and guidance on WIOA; and 940 (D) Providing the Partnership with information on the number of District 941 residents that training providers have the capacity to train in healthcare occupations; 942 42 (2) Submit, to the Partnership for feedback, the proposed statement of work for 943 any grant solicitation for the provision of training at least 30 days before issuing the request for 944 proposals; and 945 (3) Use the Partnership’s Healthcare Occupations Reports to align District 946 government funded workforce development training with current and future healthcare sector 947 hiring needs in the District. 948 Sec. 2074. Intermediary duties. 949 The Intermediary shall: 950 (1) By July 1, 2021: 951 (A) Appoint members to the Partnership consistent with the criteria 952 specified in section 2075(b)(3); 953 (B) Convene at least 4 Partnership meetings; 954 (C) Compose and transmit to the WIC the Partnership’s first Healthcare 955 Occupations Report, described in section 2075(e); 956 (2) For the duration of the grant: 957 (A) Provide administrative support to the Partnership; 958 (B) Convene Partnership meetings at least quarterly; 959 (C) Compile and transmit to the WIC feedback from the Partnership on 960 any statement of work for a proposed grant solicitation for the provision of training no more than 961 15 days after receiving the statement of work pursuant to section 2073(d)(2); 962 (D) Work with the Partnership to coordinate and ensure provision of 963 career coaching, screening and referral services, practice interviews, and job fairs for healthcare 964 sector employment for qualified District training graduates; 965 43 (E) Facilitate requests for professional development and learning 966 opportunities for training providers and training participants at healthcare facilities; 967 (F) Annually, compose and transmit the Partnership’s Healthcare 968 Occupations Report, described in section 2075(e); and 969 (G) Perform additional duties on behalf of the Partnership consistent with 970 the purposes of this subtitle and as funds permit; and 971 (3) During the fourth year of the HWI grant, raise private funds equal to the value 972 of the HWI grant for that year, which the Intermediary shall reserve for use until after the 973 expiration of the HWI grant in order to sustain the Partnership without dedicated District 974 government funding. 975 Sec. 2075. Healthcare Workforce Partnership. 976 (a) The Intermediary shall establish the Healthcare Workforce Partnership, which shall 977 work to increase the number of District residents employed in the healthcare sector and to meet 978 the staffing needs of District healthcare employers, particularly of hospitals that receive District 979 government funds. 980 (b)(1) The Director of the WIC, or his or her designee, shall serve as a member of the 981 Partnership. 982 (2) The Intermediary shall serve as a member of the Partnership and shall appoint 983 community members in consultation with the WIC. 984 (3) Community members, the majority of which shall be healthcare sector 985 employers, shall consist of the following: 986 (A) At least 5 employer representatives of the District’s healthcare sector, 987 which shall represent a variety of healthcare disciplines; 988 44 (B) At least one representative of a healthcare industry trade association; 989 (C) At least one representative from a labor organization that represents 990 healthcare workers; 991 (D) At least one representative from a non-profit organization that offers 992 training programs; and 993 (E) At least one representative from an adult education integrated 994 education and training program, as defined in 34 C.F.R. § 463.35, in the healthcare sector. 995 (c) Community members shall serve for the duration of the HWI grant and may be 996 reappointed. 997 (d) The Partnership shall meet at least once each quarter for the duration of the HWI 998 grant; 999 (e) No later than July 1, 2021, and annually thereafter in advance of the start of a new 1000 fiscal year, the Partnership shall submit to the WIC, through the Intermediary, its Healthcare 1001 Occupations Report, which shall contain the following: 1002 (1) Recommendations of 3 to 5 healthcare occupations requiring less than a 1003 bachelor’s degree, which may include occupations for which incumbent workers may be 1004 upskilled, in which the District should invest in training; 1005 (2) A summary of the occupational hiring needs of hospitals receiving or 1006 committed to receive District government funds, including an estimate of the number of workers 1007 needed, disaggregated by healthcare occupation; 1008 (3) A recommendation of the number of District residents the WIC should train in 1009 the occupations identified pursuant to paragraph (1) of this subsection; 1010 45 (4) A list of occupational skills required to obtain employment in the occupations 1011 identified pursuant to paragraph (1) of this subsection; 1012 (5) Recommendations of curricula for training in the occupations identified 1013 pursuant to paragraph (1) of this subsection; 1014 (6) An explanation of the feasibility of providing virtual training or distance 1015 learning, and recommendations to implement virtual training; 1016 (7) Customized healthcare career pathway maps for the occupations identified 1017 pursuant to paragraph (1) of this subsection; 1018 (8) Recommendations of strategies and tactics to increase the capacity of training 1019 providers to train District residents; and 1020 (9) Recommendations to attract District resident to, and retain District residents 1021 in, the occupations identified pursuant to paragraph (1) of this subsection, including necessary 1022 tactics to increase candidates’ hard and soft skills and to reduce barriers to employment. 1023 Sec. 2076. Establishment of a healthcare training program. 1024 (a) By September 1, 2021, the WIC shall establish a healthcare training program 1025 (“program”) to fund or arrange for training of District residents in a minimum of 2 healthcare 1026 occupations identified in the Partnership’s first Healthcare Occupations Report, issued pursuant 1027 to section 2075(e), which may include one occupation for upskilling of incumbent workers. 1028 (b) To provide training, the WIC may: 1029 (1) Issue healthcare training grants (“grants”) to train providers, pursuant to 1030 section 4(c) of the Workforce Investment Implementation Act of 2000, effective July 18, 2000 1031 (D.C. Law 13-150; D.C. Official Code § 32-1603(c)); or 1032 46 (2) Partner with the University of the District of Columbia Community College or 1033 Office of the State Superintendent of Education. 1034 (c)(1) If the program includes a grant, subject to availability of funds, each grant shall be 1035 for not less than $100,000 per year for 3 years to provide training for District residents. 1036 (2) To be eligible for a grant, a grantee shall: 1037 (A) Be licensed by the Higher Education Licensure Commission as a 1038 post-secondary institution, degree or non-degree seeking; 1039 (B) Agree to utilize the training curricula recommended by the Partnership 1040 pursuant to section 2075(e)(5); and 1041 (C) Demonstrate consistent successful attainment of the following 1042 benchmarks for its training participants: 1043 (i) Completion of training; 1044 (ii) Credential attainment; 1045 (iii) Unsubsidized employment in the occupation of training; and 1046 (iv) Retention of employment for 6 months or longer in the 1047 occupation of training. 1048 (3) Preference shall be given to grant applicants utilizing an integrated education 1049 and training model, as defined 34 C.F.R. § 463.35. 1050 (d)(1) The WIC shall utilize WIOA common performance measures to track program 1051 performance. 1052 (2) The WIC shall report on the performance of the program as required by 1053 section 102 of the Workforce Development System Transparency Amendment Act of 2018, 1054 effective May 5, 2018 (D.C. Law 22-95; D.C. Official Code § 32-1622). 1055 47 (e) The WIC shall make its best effort to use WIOA Title I funds to issue any grants 1056 authorized in this section. 1057 Sec. 2077. Monitoring and evaluation. 1058 By August 1, 2021, and annually thereafter, the WIC shall transmit to the Mayor and the 1059 Council the Healthcare Occupation Report developed by the Partnership pursuant to section 1060 2075(e). 1061 SUBTITLE I. DC INFRASTRUCTURE ACADEMY EMPLOYER 1062 ENGAGEMENT 1063 Sec. 2081. Short title. 1064 This subtitle may be cited as the “DC Infrastructure Academy Employer Engagement 1065 Emergency Amendment Act of 2020”. 1066 Sec. 2082. The Youth Employment Act of 1979, effective January 5, 1980 (D.C. Law 3- 1067 46; D.C. Official Code § 32-241 et seq.), is amended as follows: 1068 (a) Section 2 (D.C. Official Code § 32-241) is amended as follows: 1069 (1) A new subsection (1A) is added to read as follows: 1070 “(1A) “Committees” means the Industry Advisory Committees established 1071 pursuant to section 2f.”. 1072 (2) A new subsection (2A) is added to read as follows: 1073 “(2A) “DCIA” means the DC Infrastructure Academy established by the Mayor.”. 1074 (b) Section 2a(a-2) (D.C. Official Code § 32-242(a-2)) is repealed. 1075 (c) New sections 2e and 2f are added to read as follows: 1076 “Sec. 2e. DC Infrastructure Academy. 1077 “(a) In addition to duties the Mayor prescribes, the DCIA shall: 1078 48 “(1) Provide occupational skills training (“skills training”) annually in industries 1079 for which there is significant demand regionally or by a major employer, including construction, 1080 infrastructure, and information technology. 1081 “(2) Provide occupational skills training designed to meet the needs of employers 1082 by: 1083 “(A) Aligning skills training, where appropriate, with the annual 1084 recommendations the Committees submit to DCIA pursuant to section 2f(c); 1085 “(B)(i) Submitting a proposed curriculum, at least 30 calendar days prior 1086 to the start of any skills training taught by DCIA staff, to the relevant Committee for its 1087 feedback; and 1088 “(ii) Taking into consideration any feedback from a Committee 1089 when implementing any skills trainings taught by DCIA staff; 1090 “(C)(i) Submitting to the relevant Committee, at least 30 calendar days 1091 before soliciting applications or bids on a grant or contract to provide skills training, a request 1092 that the Committee review a grant or contract solicitation’s proposed scope of work; 1093 “(ii) Considering any feedback received from a Committee when 1094 preparing statements of work for grants and contracts to provide skills training; 1095 “(D) For any customized skills training provided specifically for a 1096 particular employer, seeking input from the employer consistent with the requirements outlined 1097 in subparagraphs (B) and (C) of this paragraph. 1098 “(3) Provide test preparation sessions and practice exams to ready participants to 1099 obtain the occupational credentials the Committees identify in their annual reports pursuant to 1100 section 2f(c)(4); and 1101 49 “(4) Provide job referrals, as defined in 20 C.F.R. § 651.10, to employers in the 1102 industry sectors in which training is offered pursuant to paragraph (1) of this subsection for all 1103 qualified graduates of DCIA training programs. 1104 “(b) DCIA skills training may include: 1105 “(1) Training services enumerated in section 134(c)(3)(D) of the Workforce 1106 Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1529; 29 U.S.C. § 1107 3174(c)(3)(D)); 1108 “(2) Supportive services, as defined in 20 C.F.R. § 651.10; 1109 “(3) Integrated education and training, as defined in 34 C.F.R. § 463.35; 1110 “(4) Workforce preparation activities, as defined in 34 C.F.R. § 463.34; and 1111 “(5) Job development, as defined in 20 C.F.R. § 651.10. 1112 “(c)(1) At least 66% of the participants receiving skills training through the DCIA each 1113 fiscal year shall be trained in occupations that pay an average wage that is at least 150% of the 1114 minimum wage specified in section 4 of the Minimum Wage Act Revision Act of 1992, effective 1115 March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1003). 1116 “(2) At least 25% of the value of each grant or contract with a skills training 1117 provider shall be contingent on the provider achieving at least one of the following results: 1118 “(A) At least 75% of the provider’s participants receive an industry- 1119 recognized credential; and 1120 “(B) At least 80% of the provider's participants enter permanent, 1121 unsubsidized employment in the occupation of training. 1122 “Sec. 2f. Industry Advisory Committees. 1123 50 “(a)(1) The Director shall establish Industry Advisory Committees (“Committees”) to 1124 advise DCIA on occupational skills training offerings with the goal of aligning DCIA’s trainings 1125 with industry hiring needs. 1126 “(2) There shall be one committee per industry sector in which DCIA offers 1127 occupational skills training pursuant to section 2e(a)(1). 1128 “(3) Each Committee shall consist of representatives of at least 2 employers from 1129 the relevant industry sector, whom the Director shall appoint. 1130 “(4)(A) The Director shall make initial appointments to the Committees within 30 1131 days of the effective date of this subtitle. 1132 “(B) Committee members shall disclose all existing and potential conflicts 1133 of interest to the Director. No committee member may, in any manner, directly or indirectly, 1134 participate in a deliberation upon, or the determination of, any question affecting the financial 1135 interest of any corporation, partnership, or association in which the member or a member of the 1136 member’s family is directly or indirectly interested. Committee members shall disclose the 1137 nature of any financial or personal relationships with any training providers by completing a 1138 conflict of interest form. 1139 “(b) No later than December 15, 2020, and annually thereafter in advance of the start of a 1140 new fiscal year, each Committee shall submit written recommendations to DCIA, which shall 1141 contain the following: 1142 “(1) Recommendations of 2 to 4 specific occupational skills trainings DCIA 1143 should offer; 1144 “(2) The number of District residents DCIA should train in the occupations 1145 identified pursuant to paragraph (1) of this subsection; 1146 51 “(3) Occupational skills required to obtain employment in the occupations 1147 identified pursuant to paragraph (1) of this subsection; 1148 “(4) A description of tools, equipment, and services necessary to conduct 1149 trainings to acquire the skills identified in paragraph (3) of this subsection; 1150 “(5) Industry-recognized credentials required for obtaining employment in the 1151 occupations identified pursuant to paragraph (1) of this subsection, when appropriate; and 1152 “(6) The feasibility of providing virtual training or distance learning and 1153 recommendations to implement virtual training. 1154 “(c) After receiving a proposed training curriculum from the DCIA pursuant to section 1155 2e(a)(2)(B)(i), a Committee shall provide the DCIA with a written explanation of recommended 1156 modifications, if any. 1157 “(d) Within 30 calendar days after receiving a proposed scope of work for a grant or 1158 contract from DCIA pursuant to section 2e(a)(2(C)(i), the Committee shall provide DCIA with a 1159 written explanation of recommended modifications, if any.”. 1160 SUBTITLE J. WORKPLACE LEAVE NAVIGATORS 1161 Sec. 2091. Short title. 1162 This subtitle may be cited as the “Workplace Leave Navigators Program Establishment 1163 Emergency Amendment Act of 2020”. 1164 Sec. 2092. Definitions. 1165 For the purposes of this subtitle, the term: 1166 (1) “Director” means the director of DOES. 1167 (2) “DOES” means the Department of Employment Services. 1168 52 (3) “Family and medical leave” means leave available under the District of 1169 Columbia Family and Medical Leave Act of 1990, effective October 3, 1990 (D.C. Law 8-181; 1170 D.C. Official Code § 32-501 et seq.). 1171 (4) “Paid sick leave” means leave available under the Accrued Sick and Safe 1172 Leave Act of 2008, effective May 13, 2008 (D.C. Law 17-152; D.C. Official Code § 32-531.01 1173 et seq.). 1174 (5) “Universal paid leave” means leave benefits available under the Universal 1175 Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official 1176 Code § 32-541.01 et seq.). 1177 (6) “Workplace leave” means universal paid leave, paid sick leave, family and 1178 medical leave, or any other job-protected leave to which an individual may be entitled under 1179 federal or District law. 1180 Sec. 2093. Workplace Leave Navigators Program. 1181 (a) There is established a Workplace Leave Navigators Program (“Program”), which the 1182 Director shall administer. 1183 (b) The Program shall be funded with monies from the Universal Paid Leave 1184 Administration Fund, established pursuant to section 1153 of the Universal Paid Leave 1185 Implementation Fund Act of 2016, passed on 1st reading on July 7, 2020 (Engrossed version of 1186 Bill 23-760). 1187 (c) The Program shall provide funds to: 1188 (1) Organizations with demonstrated experience representing employees in 1189 matters related to workplace leave solely for the purpose of specific assistance to individuals in 1190 obtaining their workplace leave and benefits; and 1191 53 (2) Nonprofit organizations, businesses, or professional or trade associations with 1192 experience representing or assisting employers with the administration or understanding of 1193 workplace leave laws for the purpose of providing assistance to employers to share best practices 1194 or guidance regarding how to: 1195 (A) Coordinate and accommodate different types of workplace leave, 1196 along with employer-sponsored disability plans; and 1197 (B) Ensure compliance with workplace leave laws. 1198 (d)(1) Program funds issued to organizations for the purposes described in subsection 1199 (c)(1) of this section: 1200 (A) Shall be used solely to assist individuals with: 1201 (i) Filing an initial claim for universal paid leave; 1202 (ii) Determining the type of workplace leave or employer-offered 1203 leave, including an employer-sponsored disability plan, for which an individual may be eligible; 1204 (iii) Filing an administrative complaint related to the provision of 1205 workplace leave, including a complaint of retaliation; 1206 (iv) Responding to or appealing an initial administrative decision 1207 or determination related to workplace leave; or 1208 (v) Providing an employer with appropriate documentation 1209 supporting a request for workplace leave; and 1210 (B) May be used to provide training and guidance to medical providers or 1211 healthcare trade or professional associations on the requirements of workplace leave laws 1212 pertaining to documentation supporting the need for leave. 1213 54 (2) Program funds issued to non-profits, businesses, or professional or trade 1214 associations assisting employers for the purposes described in subsection (c)(2) of this section: 1215 (A) Shall be used to: 1216 (i) Assist employers with coordinating the employer’s workplace 1217 leave programs, including employer-sponsored disability plans, with workplace leave laws; 1218 provided, that Program funds shall not be used to decide an employee’s eligibility for a 1219 workplace leave program or for the pre-adjudication of a workplace leave claim; 1220 (ii) Provide guidance, including best practices, to an employer on 1221 what an employer must do to comply with District and federal workplace leave laws and 1222 regulations; 1223 (iii) Aid employers in responding to DOES’s request for 1224 information from the employers, including requests related to claim determinations made by 1225 DOES; 1226 (iv) Responding to an administrative complaint related to the 1227 provision of workplace leave; provided, that Program funds shall not be used to respond to a 1228 complaint of retaliation; 1229 (v) Responding to or appealing an initial administrative decision or 1230 determination related to workplace leave; and 1231 (B) May be used to provide training and guidance to medical providers or 1232 healthcare trade or professional associations on the requirements of workplace leave laws. 1233 (e) Funds for the Program may not be used to prosecute or defend claims in a lawsuit 1234 related to the provision of workplace leave. 1235 55 (f)(1) The Director shall issue Program funds through competitive grants administered 1236 pursuant to the requirements set forth in the Grant Administration Act of 2013, effective 1237 December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), and section 2(b-1) 1238 of the Workforce Job Development Grant-Making Authority Act of 2012, effective April 23, 1239 2013 (D.C. Law 19-269; D.C. Official Code § 1-328.05(b-1)). 1240 (2) The Director shall issue an initial Request for Applications no later than 1241 October 31, 2020, and annually thereafter. The Director may issue multi-year grants, subject to 1242 the availability of appropriations. 1243 (3) In a fiscal year, the amount of grants the Director issues for the purposes 1244 described in subsections (c)(1) and (2) of this section shall account for the need for each such 1245 purpose, based on the potential numbers of employees and employers to be served. 1246 SUBTITLE K. SCHOOL YEAR INTERNSHIP PILOT PROGRAM 1247 Sec. 2101. Short title. 1248 This subtitle may be cited as the “School Year Internship Pilot Program Emergency 1249 Amendment Act of 2020”. 1250 Sec. 2102. Section 2a(a) of the Youth Employment Act of 1979, effective January 5, 1251 1980 (D.C. Law 3-46; D.C. Official Code § 32-242(a)), is amended by adding a new paragraph 1252 (2A) to read as follows: 1253 “(2A)(A) School year internship pilot. — In Fiscal Year 2021, a pilot program 1254 called the School Year Internship Pilot Program (“Program”) for 250 District high school 1255 students to provide work-based learning opportunities during the school year. 1256 “(B)(i) High school students including students from public schools, 1257 public charter schools, private schools, and students who are homeschooled, may apply to the 1258 56 Department of Employment Services (“DOES”) to be matched with an internship host through 1259 the Program; provided, that a student may not otherwise participate in an internship, in-school 1260 youth employment, or a work-readiness program. 1261 “(ii) DOES shall give the applications of at-risk students priority 1262 over all other applications. 1263 “(iii) For the purposes of this subparagraph the term “at-risk” 1264 means a public school, public charter school, private school, or homeschool student who is 1265 identified as one or more of the following: 1266 “(I) Homeless; 1267 “(II) In the District’s foster care system; 1268 “(III) Qualifies for the Temporary Assistance for the Needy 1269 Families program or the Supplemental Nutrition Assistance Program; or 1270 “(IV) A high school student that is one year older, or more, 1271 than the expected age for the grade in which the student is enrolled. 1272 “(C) DOES shall notify students of their placement with an internship host 1273 by January 5, 2021. 1274 “(D) Interns shall remain matched with their internship host between 1275 January 2021 and June 2021. 1276 “(E) DOES shall pay interns a training rate of $10 per hour, which it shall 1277 pay by way of a debit card provided to the intern or by direct deposit. 1278 “(F)(i) Internship hosts may be non-profit organizations, public schools or 1279 public charter schools, government agencies, or private businesses. 1280 57 “(ii) Prospective internship hosts shall submit applications to 1281 participate in the Program no later than December 1, 2020. The application shall include a 1282 detailed job description that identifies specific tasks, projects, or duties that the intern will 1283 perform and the name and job title of the individual who will directly supervise the intern. 1284 “(iii) DOES shall review internship host applications and shall give 1285 priority to applications that will engage an intern in work experience activities, rather than work 1286 readiness activities, for the majority of an intern’s time. 1287 “(G) DOES shall implement the Program through public-private 1288 partnerships between the District government and an internship host that has the ability to 1289 employ youth under the Program, subject to all federal and District laws, rules, and regulations 1290 relating to the procurement and award of contracts, grants, or other government assistance. 1291 “(H)(i) DOES shall develop benchmarks for interns’ growth and 1292 development in work readiness, which internship hosts shall utilize to assess an intern’s work 1293 readiness. 1294 “(ii) An internship host shall provide its written assessment of an 1295 intern’s work readiness to DOES within 30 days after the end of the internship.”. 1296 Sec. 2103. The Department of Employment Services Local Job Training Quarterly 1297 Outcome Report Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official 1298 Code § 32–771), is amended by adding a new section 2083 to read as follows: 1299 “Sec. 2083. Department of Employment Services annual report on year-round youth 1300 programs. 1301 58 “(a) Starting December 15, 2020, and annually thereafter, the Department of Employment 1302 Services (“Department”) shall publish on its website and submit to the Council a report on the 1303 operations of its year-round youth programs, including: 1304 “(1) The In-School Youth Program; 1305 “(2) The Out-of-School Youth Program; 1306 “(3) The Marion Barry Youth Leadership Institute; 1307 “(4) Pathways for Young Adults Program; 1308 “(5) Youth Earn and Learn Program; 1309 “(6) The High School Internship Program; 1310 “(7) In-school Youth Innovation Grants; and 1311 “(8) In-school DCHR internship program. 1312 “(b) The report shall include the following information for each program from the 1313 previous fiscal year: 1314 “(1) The number of participants newly enrolled; 1315 “(2) The total number of participants, disaggregated by ward, grade, school, age, 1316 and, if known, at-risk status; 1317 “(3) Each program’s total expenditures, disaggregated by fund type (federal, 1318 local, Intra-district, or Special Purpose Revenue funds); and 1319 “(4) The names of any vendors, grantees, host employers (including public 1320 schools and public charter schools for the High School Internship Program), host sites, or other 1321 organizations providing services to youth. 1322 “(c) The Department may withhold from the report required pursuant to subsection (b) of 1323 this section any information precluded from release by federal law, rule, or policy; provided, 1324 59 that, if at a later time, such information may be released, the Department shall supplement the 1325 next annual report following the date on which the information may be shared with the withheld 1326 information. 1327 “(d) For the purposes of this section, the term “at-risk” means a public school, public 1328 charter school, private school, or homeschool student who is identified as one or more of the 1329 following: 1330 “(1) Homeless; 1331 “(2) In the District’s foster care system; 1332 “(3) Qualifies for the Temporary Assistance for the Needy Families program or 1333 the Supplemental Nutrition Assistance Program; or 1334 “(4) A high school student that is one year older, or more, than the expected age 1335 for the grade in which the student is enrolled.”. 1336 SUBTITLE L. UNEMPLOYMENT INSURANCE MODERNIZATION 1337 Sec. 2111. Short title. 1338 This subtitle may be cited as the “Unemployment Insurance Modernization Requirements 1339 Emergency Act of 2020”. 1340 Sec. 2112. Unemployment insurance modernization requirements. 1341 (a) The Department of Employment Services (“DOES”) shall launch an integrated, fully 1342 modernized, and fully functioning unemployment insurance information technology benefits and 1343 tax system (“benefits system”) for public use no later than September 30, 2022. 1344 (b) The benefits system shall include an internet accessible public interface that: 1345 (1) Can be accessed from all major internet browsers and used on mobile devices 1346 and personal computers; 1347 60 (2) Is accessible to people with disabilities in compliance with section 504 of the 1348 Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 394; 29 U.S.C. § 794), and 1349 Title II of the Americans with Disabilities Act, approved July 26, 1990 (104 Stat. 337; 42 U.S.C. 1350 § 12131 et seq.); and 1351 (3) Complies with the Language Access Act of 2004, effective March 14, 2007 1352 (D.C. Law 15-167; D.C. Official Code § 2-1931 et seq.). 1353 (c)(1) The Office of Contracting and Procurement (“OCP”), in consultation with DOES, 1354 should issue a Request for Proposals for the full modernization of the benefits system, consistent 1355 with the requirements of subsections (a) and (b) of this section, no later than October 30, 2020. 1356 (2) The OCP should award a contract for the full modernization of the benefits 1357 system no later than January 15, 2021. 1358 Sec. 2113. (a) Beginning no later than 15 days after the effective date of this subtitle, on 1359 any day when American Job Centers are closed (excluding weekends, holidays, and staff training 1360 days), the Department of Employment Services (“DOES”) shall provide the following materials 1361 at its headquarters from 8:30 a.m. to 5:00 p.m.: 1362 (1) Hard copies of unemployment insurance benefits applications, with hard 1363 copies of all instructions that are available online for completing the application; 1364 (2) Hard copies of DOES complaint forms for violations of District labor laws, 1365 including wage and hour, accrued paid sick time, and workers’ compensation laws, with hard 1366 copies of all instructions that are available online for completing each form; 1367 (3) Envelopes individuals may use in submitting their applications and complaint 1368 forms, with space on the outside to identify the form being submitted; and 1369 61 (4) A locked box with a slot into which individuals may deposit their completed 1370 applications and complaint forms. 1371 (b) The DOES shall make the materials identified in subsection (a) of this section 1372 available in a location at its headquarters that is publicly and handicap accessible. 1373 SUBTITLE M. TRANSGENDER AND NON-BINARY EMPLOYMENT STUDY 1374 Sec. 2121. Short title. 1375 This subtitle may be cited as the “District Government Transgender and Non-Binary 1376 Employment Study Emergency Act of 2020”. 1377 Sec. 2122. The District of Columbia Government Comprehensive Merit Personnel Act of 1378 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq) is 1379 amended by adding a new Title VII-B to read as follows: 1380 “TITLE VII-B GENDER IDENTITY STUDY 1381 “Sec. 760. Definitions. 1382 “For the purposes of this title, the term: 1383 “(1) “Cisgender” means individuals whose sex assigned at birth matches the 1384 individual’s perceived gender. 1385 “(2) “Gender identity” means an individual’s internal sense of the individual’s 1386 gender, which may be the same as or different from sex assigned at birth and can include male, 1387 female, neither, or both. 1388 “(3) “Non-binary” includes individuals whose gender identity is neither entirely 1389 male nor entirely female, or varies between the two. 1390 “(4) “Transgender” includes individuals whose gender identity or expression is 1391 different from that typically associated with their assigned sex at birth. 1392 62 “Sec. 761. Study of transgender and non-binary employment. 1393 “(a) The Mayor shall contract with an entity to conduct a study of employment data, 1394 hiring and recruitment practices, and workplace climate in District government agencies in 1395 relation to people who are transgender or non-binary. At a minimum, the study shall include: 1396 “(1) A census of employees who identify as transgender or non-binary, including 1397 information on the employees’ race and ethnicity, gender identity, and age; 1398 “(2) A review of District government agencies’ transgender and non-binary 1399 inclusion policies, including policies developed under the Human Rights Act of 1977, effective 1400 December 13, 1977, (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.) (“Human Rights 1401 Act”), and any regulations promulgated pursuant to the Human Rights Act, and an evaluation of 1402 the extent to which District government agencies have implemented such polices and how 1403 transgender and non-binary employees experience such polices; 1404 “(3) An evaluation of District government agencies’ actual recruitment, hiring, 1405 retention, and promotion practices related to prospective and current transgender and non-binary 1406 employees; 1407 “(4) An analysis of any disparities in earnings, title, pay grade, length of time in 1408 position, and educational attainment between employees who identify as transgender or non- 1409 binary and employees who identify as cisgender; 1410 “(5) An assessment of transgender and non-binary employees’ workplace 1411 experiences as employees of District government agencies, including experiences of 1412 discrimination, harassment, or mistreatment on the job; and 1413 63 “(6) An evaluation of data, including participant demographics and program 1414 outcomes, for transgender or non-binary participants in the Department of Employment Services’ 1415 job training programs; and 1416 “(7) Recommendations for District government agencies on improving 1417 employment and hiring practices as they relate to individuals who are transgender or non-binary. 1418 “(b) The contractor may survey employees to gather data for the purposes of the study. 1419 “(c) The contractor completing the study shall: 1420 “(1) Have, or partner with another entity with, experience studying and 1421 knowledge of sexual orientation and gender identity; 1422 “(2) Include a statement in requests for information and surveys sent to employees 1423 explaining that providing information is voluntary; 1424 “(3) Ensure the privacy, dignity, and confidentiality of employees; 1425 “(4) Not disclose, or retain after the study is complete, personally identifiable 1426 information gathered in the course of the study; and 1427 “(5) Consult with the Office of Human Rights in developing a detailed proposed 1428 plan of the study, surveys to be administered, and any resulting recommendations from the 1429 entity. 1430 “(d) The Mayor may use electronic communication tools, including e-mail, to facilitate 1431 the contractor’s outreach to District government employees. 1432 “(e) The Mayor shall: 1433 “(1) Review the contractor’s proposals and recommendations to ensure they are 1434 consistent with the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; 1435 D.C. Official Code § 2–1401.01 et seq.); 1436 64 “(2) Review data, with personally identifiable information removed, on 1437 harassment and discrimination complaints filed by transgender and non-binary employees 1438 against District government agencies since January 1, 2015; 1439 “(3) Provide the contractor with the information necessary to facilitate subsection 1440 (a) of this section; and 1441 “(4) Submit a final report with findings and recommendations to the Council no 1442 later than December 31, 2021. The final report submitted to the Council shall not contain any 1443 personally identifiable information.”. 1444 SUBTITLE N. TIPPED WAGE WORKERS FAIRNESS CLARIFICATION 1445 Sec. 2131. Short title. 1446 This subtitle may be cited as the “Tipped Workers Fairness Clarification Emergency 1447 Amendment Act of 2020”. 1448 Sec. 2132. The Tipped Wage Workers Fairness Amendment Act of 2018, effective 1449 December 13, 2018 (D.C. Law 22-196; D.C. Official Code § 32-161 et seq.), is amended as 1450 follows: 1451 (a) Section 3 (D.C. Official Code § 32-161) is amended as follows: 1452 (1) Subsection (a)(1) is amended as follows: 1453 (A) The lead-in language is amended by striking the phrase “By April 1, 1454 2020” and inserting the phrase “Within 120 days after the date this section becomes applicable” 1455 in its place. 1456 (B) Subparagraph (F) is repealed. 1457 (2) Subsection (b) is amended as follows: 1458 (A) Paragraph (1) is amended as follows: 1459 65 (i) The lead-in language is amended by striking the phrase “By 1460 April 1, 2020” and inserting the phrase “Within 120 days after the date this section becomes 1461 applicable” in its place. 1462 (ii) Subparagraph (B) is amended to read as follows: 1463 “(B) The following text formatted in a large font and for maximum 1464 readability, including the use of bullet points to call out each specified right on a separate line: 1465 “EMPLOYEE RIGHTS IN THE DISTRICT OF COLUMBIA: Do you know your rights 1466 as an employee working in Washington, D.C.? Employees have the right: 1467  To be paid at least the minimum wage; 1468  To be paid on time; 1469  To receive a detailed pay stub; 1470  To accrue and use paid sick and safe leave; 1471  To request time off to attend a child’s school-related activities; 1472  To qualify for unpaid family and medical leave; 1473  To be compensated for work-related illness or injury; 1474  To remain free from discrimination; 1475  To be accommodated in the workplace during pregnancy; 1476  To remain free from employer retaliation for discussing or exercising any of these rights; 1477 and 1478  To file a complaint for violation of workplace rights with the Department of Employment 1479 Services (DOES) or the Office of Human Rights (OHR), 1480 66 To learn about these and other workplace rights, visit the website below. This notice does not 1481 create, expand, or limit rights under District or federal law.”.”. 1482 (B) Paragraph (2) is amended by striking the phrase “The poster” and 1483 inserting the phrase “Below the text required pursuant to paragraph (1)(B) of this subsection, the 1484 poster” in its place. 1485 (3) Subsection (d)(6) is repealed. 1486 Sec. 2133. The Minimum Wage Act Revision Act of 1992, effective March 11, 2014 1487 (D.C. Official Code § 32-1001 et seq.) is amended as follows: 1488 (a) Section 10a (D.C. Official Code § 32-1009.01) is amended as follows: 1489 (1) Subsection (a) is amended to read as follows: 1490 "(a)(1) As of January 1, 2020, the third-party payroll businesses required pursuant 1491 to section 9(a-1) to process payroll for an employer that employs a tipped worker and hotel 1492 employers that employ a tipped worker shall submit a quarterly wage report for the preceding 1493 calendar quarter to the Mayor no later than 30 days after the end of each calendar quarter. 1494 “(2) Each quarterly wage report shall certify that each tipped worker was paid at 1495 least the required minimum wage, including gratuities, and shall include the following: 1496 “(A) Itemized, for each tipped worker, the worker’s: 1497 “(i) Name; 1498 “(ii) Average hourly wage received per week during the quarter; 1499 “(iii) Total hours worked at or above the minimum hourly wage 1500 established under section 4(f) per week; 1501 “(iv) Gross wages received per week; and 1502 “(v) Total gratuities received per week. 1503 67 “(B) For a hotel employer, a certification that all of the information in the 1504 report is accurate; 1505 “(C) For a third-party payroll business, a certification that the information 1506 in the report was generated using the same payroll data used to generate the information required 1507 to be furnished to employees pursuant to section 9(b); and 1508 “(D) If tips were shared, a copy of the employer’s tip-sharing policy used 1509 during the quarter, unless the third-party payroll business and the employer have agreed that the 1510 employer will submit the tip-sharing policy, in which case, a certification that such an agreement 1511 was in place during the calendar quarter. 1512 “(3)(A) An employer that agrees to submit its tip-sharing policy directly to the 1513 Mayor shall submit the policy to the Mayor no later than 30 days after the end of each calendar 1514 quarter. 1515 “(B) If the Mayor does not receive the tip-sharing policy of an employer 1516 that employs a tipped worker by the submission deadline for quarterly wage reports, the Mayor 1517 shall presume that the employer did not have a tip-sharing policy in place during the calendar 1518 quarter.”. 1519 (2) Subsection (b)(2) is amended to read as follows: 1520 “(2) A person required to submit documents pursuant to subsection (a) of this 1521 section shall submit the documents online through the Internet-based portal, unless the Mayor 1522 exempts the person from online reporting because it creates a hardship for the person, in which 1523 case, the person shall submit the documents in hard-copy form.”. 1524 (3) A new subsection (d) is added to read as follows: 1525 68 “(d) For the purposes of this section the term “tipped worker” means an employee 1526 paid in accordance with section 4(f).”. 1527 (b) Section 12(d)(1) (D.C. Official Code § 32-1011(d)(1)) is amended by adding a new 1528 subparagraph (E-i) to read as follows: 1529 “(E-i) $500 against an employer for each failure to timely submit the 1530 quarterly wage report required pursuant to section 10a, in its entirety, unless the employer proves 1531 that it used a third-party payroll business to process the relevant quarter’s payroll for the 1532 employer.”. 1533 SUBTITLE O. UNIVERSAL PAID LEAVE FUND 1534 Sec. 2141. Short title. 1535 This subtitle may be cited as the “Universal Paid Leave Fund Emergency Amendment 1536 Act of 2020.” 1537 Sec. 2142. The Universal Paid Leave Implementation Fund Act of 2016, effective 1538 October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 32-551.01), is amended as follows: 1539 (a) A new section 1151a is added to read as follows: 1540 “Sec. 1151a. Definitions. 1541 “For the purposes of this subtitle, the term “Act” means the Universal Paid Leave Act of 1542 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.01 et seq.).”. 1543 (b) Section 1152 (D.C. Code § 32-551.01) is amended as follows: 1544 (1) The section heading is amended by striking the phrase “Universal Paid Leave 1545 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1546 (2) Subsection (a) is amended by striking the phrase “Universal Paid Leave 1547 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1548 69 (3) Subsection (b) is amended to read as follows: 1549 “(b) Money in the Fund shall be used to: 1550 (1) Pay benefits provided under the Act; and 1551 (2) Fund the Universal Paid Leave Administration Fund established pursuant to 1552 section 1153(a) in the following amounts: 1553 “(A) No more than 8.75% of money in the Fund for the purposes 1554 described in section 1153(c)(1); 1555 “(B) No more than .75% of the money in the Fund for the purposes 1556 described in section 1153(c)(2); and 1557 “(C) No more than 0.5% of the money in the Fund for the purposes 1558 described in section 1153(c)(3). 1559 (c) A new section 1153 is added to read as follows: 1560 “Sec. 1153. Universal Paid Leave Administration Fund. 1561 “(a) There is established as a special fund the Universal Paid Leave Administration Fund 1562 (“Fund”), which shall be administered by the Department of Employment Services (“DOES”) in 1563 accordance with subsections (c), (d), (e), and (f) of this section. 1564 “(b) Pursuant to section 1152(b)(2), amounts appropriated from the Universal Paid Leave 1565 Fund annually for the purposes described in subsection (c) of this section,, shall be deposited in 1566 the Fund. 1567 “(c) Money in the Fund shall be used for the following purposes: 1568 “(1) Administration of the Act by DOES, including public education pursuant to 1569 section 106(j) of the Act; provided, that no more than 6% of the money appropriated annually for 1570 administration may be used for public education and of those public education funds, at least 1571 70 $500,000 shall be used to fund the Workplace Leave Navigators Program established pursuant to 1572 section 2093 of the Workplace Leave Navigators Program Establishment Amendment Act of 1573 2020, passed on 1st reading on July 7, 2020 (Bill 23-760); 1574 “(2) Enforcement of section 108(e) and section 110(a) and (b) of the Act by the 1575 Office of Human Rights, which may include education and outreach on individuals’ rights under 1576 the Act; and 1577 “(3) Hearing of appeals of claim determinations by the Office of Administrative 1578 Hearings, pursuant to section 108(a)-(c) of the Act. 1579 “(d) Beginning no later than October 1, 2020 and by October 1 annually thereafter, 1580 DOES shall execute a Memorandum of Understanding with the Office of Human Rights for the 1581 intradistrict transfer of funds appropriated, pursuant to subsection (c)(2) of this section, for 1582 enforcement; provided, that DOES shall transfer funds appropriated for enforcement to the 1583 Office of Human Rights no later than October 2 of any year even if the agencies fail to execute a 1584 Memorandum of Understanding by October 1 of that year. 1585 “(e) Beginning no later than October 1, 2020 and by October 1 annually thereafter, DOES 1586 shall execute a Memorandum of Understanding with the Office of Administrative Hearings for 1587 the intradistrict transfer of funds appropriated, pursuant to subsection (c)(3) of this section, for 1588 hearing of appeals of claim determinations; provided, that DOES shall transfer funds 1589 appropriated for hearing of appeals of claim determinations to the Office of Administrative 1590 Hearings no later than October 2 of any year even if the agencies fail to execute a Memorandum 1591 of Understanding by October 1 of that year. 1592 “(f) Money deposited into the Fund but not expended in a fiscal year shall revert to the 1593 Universal Paid Leave Fund, established pursuant to section 1152.”. 1594 71 Sec. 2143. Conforming amendments. 1595 The Universal Paid Leave Act of 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. 1596 Official Code § 32-541.01 et seq.), is amended as follows: 1597 (a) Subsection 101 (D.C. Official Code § 32-541.01) is amended as follows: 1598 (1) Paragraph (10)(A) is amended by striking the phrase “Universal Paid Leave 1599 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1600 (2) Paragraph (21) is amended by striking the phrase ““Universal Paid Leave 1601 Implementation Fund” means the Uniform Paid Leave Implementation Fund” and inserting the 1602 phrase ““Universal Paid Leave Fund” means the Universal Paid Leave Fund” in its place. 1603 (b) Section 103 (D.C. Official Code § 32-541.03) is amended as follows: 1604 (1) The section heading is amended by striking the phrase “Universal Paid Leave 1605 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1606 (2) Subsection (a) is amended by striking the phrase “Universal Paid Leave 1607 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1608 (3) Subsection (b) is amended by striking the phrase “Universal Paid Leave 1609 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1610 (4) Subsection (c) is amended by striking the phrase “Universal Paid Leave 1611 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1612 (5) Subsection (d) is amended by striking the phrase “Universal Paid Leave 1613 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1614 (6) Subsection (e) is amended by striking the phrase “Universal Paid Leave 1615 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1616 72 (7) Subsection (f) is amended by striking the phrase “Universal Paid Leave 1617 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1618 (c) Section 104(g)(6)(A) (D.C. Official Code § 32-541.04(g)(6)(A)) is amended by 1619 striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal 1620 Paid Leave” in its place. 1621 (d) Section 105(a)(2) (D.C. Official Code § 32-541.05(a)(2)) is amended by striking the 1622 phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” 1623 in its place. 1624 (e) Section 106(j)(1) (D.C. Official Code § 32-541.06(j)(1)0 is amended to read as 1625 follows: 1626 “(j)(1) The Mayor shall conduct a public-education campaign, which shall be paid for out 1627 of the Universal Paid Leave Administration Fund, pursuant to section 1153(c)(1) of the 1628 Universal Paid Leave Implementation Fund Act of 2016, passed on 1st reading on July 7, 2020 1629 (Bill 23-760), to inform individuals of the benefits provided for in this act. The Workplace Leave 1630 Navigators Program, established pursuant to section 2093 of the Workplace Leave Navigators 1631 Program Establishment Amendment Act of 2020, passed on 1st reading on July 7, 2020 (Bill 23- 1632 760), shall be a component of the Mayor’s public-education campaign.”. 1633 (f) Section 109(c) (D.C. Official Code § 32-541.09(c)) is amended as follows: 1634 (1) Paragraph (1) is amended by striking the phrase “Universal Paid Leave 1635 Implementation” and inserting the phrase “Universal Paid Leave” in its place. 1636 (2) Paragraph (2) is amended by striking the phrase “Universal Paid Leave 1637 Implementation” both times it appears and inserting the phrase “Universal Paid Leave” in its 1638 place. 1639 73 SUBTITLE P. SHARED WORK COMPENSATION PROGRAM 1640 Sec. 2151. Short title. 1641 This subtitle may be cited as the “Shared Work Compensation Program Clarification 1642 Emergency Amendment Act of 2020”. 1643 Sec. 2152. The Keep D.C. Working Act of 2010, effective October 15, 2010 (D.C. Law 1644 18-238; D.C. Official Code § 51-171 et seq.), is amended as follows: 1645 (a) Section 2 (D.C. Official Code § 51-171) is amended as follows: 1646 (1) Paragraph (4) is repealed. 1647 (2) New paragraphs (4A) and (4B) are added to read as follows: 1648 “(4A) “Health and retirement benefits” means employer-provided health benefits, 1649 and retirement benefits under a defined benefit plan, as defined in section 414(j) of the Internal 1650 Revenue Code of 1986, approved September 2, 1974 (88 Stat. 925; 26 U.S.C. § 414(j)), or 1651 contributions under a defined contribution plan, as defined in section 414(i) of the Internal 1652 Revenue Code of 1986, approved September 2, 1974 (88 Stat. 925; 26 U.S.C. § 414(i)), which 1653 are incidents of employment in addition to the cash remuneration earned. 1654 “(4B) “Participating employee” means an employee who voluntarily agrees to 1655 participate in an employer’s shared work plan.”. 1656 (3) Paragraph (5) is amended to read as follows: 1657 “(5) “Usual weekly hours of work” means the usual hours of work per week for 1658 full-time or part-time employees in the affected unit when that unit is operating on its regular 1659 basis, not to exceed 40 hours and not including hours of overtime work.”. 1660 (4) Paragraph (7) is amended to read as follows: 1661 74 “(7) “Shared work benefits” means the unemployment benefits payable to a 1662 participating employee in an affected unit under a shared work plan, as distinguished from the 1663 unemployment benefits otherwise payable under the employment security law.”. 1664 (5) Paragraph (8) is amended to read as follows: 1665 “(8) “Shared work plan” means a written plan to participate in the shared work 1666 unemployment compensation program approved by the Director, under which the employer 1667 requests the payment of shared work benefits to participating employees in an affected unit of 1668 the employer to avert temporary or permanent layoffs, or both.”. 1669 (b) Section 4 (D.C. Official Code § 51-173) is amended to read as follows: 1670 “Sec. 4. Employer participation in the shared work unemployment compensation 1671 program. 1672 “(a) Employer participation in the shared work unemployment compensation program 1673 shall be voluntary. 1674 “(b) An employer that wishes to participate in the shared work unemployment 1675 compensation program shall submit a signed application and proposed shared work plan to the 1676 Director for approval. 1677 “(c) The Director shall develop an application form consistent with the requirements of 1678 this section. The application and shared work plan shall require the employer to: 1679 “(1) Identify the affected unit (or units) to be covered by the shared work plan, 1680 including: 1681 “(A) The number of full-time or part-time employees in such unit; 1682 “(B) The percentage of employees in the affected unit covered by the plan; 1683 75 “(C) Identification of each individual employee in the affected unit by 1684 name and social security number; 1685 “(D) The employer’s unemployment tax account number, and 1686 “(E) Any other information required by the Director to identify 1687 participating employees; 1688 “(2) Provide a description of how employees in the affected unit will be notified 1689 of the employer’s participation in the shared work unemployment compensation program if such 1690 application is approved, including how the employer will notify those employees in a collective 1691 bargaining unit as well as any employees in the affected unit who are not in a collective 1692 bargaining unit. If the employer will not provide advance notice of the shared work plan to 1693 employees in the affected unit, the employer shall explain in a statement in the application why it 1694 is not feasible to provide such notice; 1695 “(3) Identify the usual weekly hours of work for employees in the affected unit 1696 and the specific percentage by which hours will be reduced during all weeks covered by the plan. 1697 A shared work plan may not reduce participating employees’ usual weekly hours of work by less 1698 than 10% or more than 60%. If the plan includes any week for which the employer regularly 1699 provides no work (due to a holiday or other plant closing), then such week shall be identified in 1700 the application; 1701 “(4) If the employer provides health and retirement benefits to any participating 1702 employee whose usual weekly hours of work are reduced under the plan, certify that such 1703 benefits will continue to be provided to participating employees under the same terms and 1704 conditions as though the usual weekly hours of work of such participating employee had not 1705 been reduced or to the same extent as employees not participating in the shared work plan. For 1706 76 defined benefit retirement plans, the hours that are reduced under the shared work plan shall be 1707 credited for purposes of participation, vesting, and accrual of benefits as though the participating 1708 employee’s usual weekly hours of work had not been reduced. The dollar amount of employer 1709 contributions to a defined contribution plan that are based on a percentage of compensation may 1710 be reduced due to the reduction in the participating employee’s compensation. A reduction in 1711 health and retirement benefits scheduled to occur during the duration of a shared work plan that 1712 is equally applicable to employees who are not participating in the plan and to participating 1713 employees does not violate a certification made pursuant to this paragraph; 1714 “(5) Certify that the aggregate reduction in work hours under the shared work 1715 plan is in lieu of temporary or permanent layoffs, or both, and provide a good-faith estimate of 1716 the number of employees who would be laid off in the absence of the proposed shared work 1717 plan; 1718 “(6) Agree to: 1719 “(A) Furnish reports to the Director relating to the proper conduct of the 1720 shared work plan; 1721 “(B) Allow the Director or the Director’s authorized representatives access 1722 to all records necessary to approve or disapprove the application for a shared work plan; 1723 “(C) Allow the Director to monitor and evaluate the shared work plan; and 1724 “(D) Follow any other directives the Director considers necessary for the 1725 agency to implement the shared work plan consistent with the requirements for shared work plan 1726 applications; 1727 77 “(7) Certify that participation in the shared work unemployment compensation 1728 program and implementation of the shared work plan will be consistent with the employer’s 1729 obligations under applicable federal and District laws; 1730 “(8) State the duration of the proposed shared work plan, which shall not exceed 1731 365 days from the effective date established pursuant to section 6; 1732 “(9) Provide any additional information or certifications that the Director 1733 determines to be appropriate for purposes of the shared work unemployment compensation 1734 program, consistent with requirements issued by the United States Secretary of Labor; and 1735 “(10) Provide written approval of the proposed shared work plan by the collective 1736 bargaining representative for any employees covered by a collective bargaining agreement who 1737 will participate in the plan.”. 1738 (c) Section 5 (D.C. Official Code § 51-174) is amended to read as follows: 1739 “Sec. 5. Approval and disapproval of a shared work plan. 1740 “(a)(1) The Director shall approve or disapprove an application for a shared work plan in 1741 writing within 15 calendar days of its receipt and promptly issue a notice of approval or 1742 disapproval to the employer. 1743 “(2) A decision disapproving the shared work plan shall clearly identify the 1744 reasons for the disapproval. 1745 “(3) A decision to disapprove a shared work plan shall be final, but the employer 1746 may submit another application for a shared work plan not earlier than 10 calendar days from the 1747 date of the disapproval. 1748 “(b) Except as provided in subsections (c) and (d) of this section, the Director shall 1749 approve a shared work plan if the employer: 1750 78 “(1) Complies with the requirements of section 4; and 1751 “(2) Has filed all reports required to be filed under the employment security law 1752 for all past and current periods, and: 1753 “(A) Has paid all contributions and benefit cost payments; or 1754 “(B) If the employer is a reimbursing employer, has made all payments in 1755 lieu of contributions due for all past and current periods. 1756 “(c) Except as provided in subsection (d) of this section, the Director may not approve a 1757 shared work plan: 1758 “(1) To provide payments to an employee if the employee is employed by the 1759 participating employer on a seasonal, temporary, or intermittent basis; 1760 “(2) If the employer's unemployment insurance account has a negative 1761 unemployment experience rating; 1762 “(3) If the employer's unemployment insurance account is taxed at the maximum 1763 tax rate in effect for the calendar year; 1764 “(4) For employers who have not qualified to have a tax rate assigned based on 1765 actual experience; or 1766 “(5) For employees who are receiving or who will receive supplemental 1767 unemployment benefits, as that term is defined in section 501(c)(17)(D) of the Internal Revenue 1768 Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(17)(D)), during any 1769 period a shared work plan is in effect. 1770 “(d) During the effective period of a shared work plan entered into during a public health 1771 emergency, subsection (c) of this section shall not apply. During a public health emergency, the 1772 Director may not approve a shared work plan: 1773 79 “(1) To provide payments to an employee if the employee is employed by the 1774 participating employer on a seasonal, temporary, or intermittent basis; 1775 “(2) For employees who are receiving or who will receive supplemental 1776 unemployment benefits, as that term is defined in section 501(c)(17)(D) of the Internal Revenue 1777 Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(17)(D)), during any 1778 period a shared work plan is in effect; or 1779 “(3) For employers that have reported quarterly earnings to the Director for fewer 1780 than 3 quarters at the time of the application for the shared work unemployment compensation 1781 program. 1782 “(e) For the purposes of this section, the term “public health emergency” means the 1783 public health emergency declared in the Declaration of Public Health Emergency (Mayor’s 1784 Order 2020-046), declared on March 11, 2020, and any extensions thereof.”. 1785 (d) Section 6 (D.C. Official Code § 51-175) is amended to read as follows: 1786 “Sec. 6. Effective date and expiration, termination, or revocation of a shared work plan. 1787 “(a) A shared work plan shall be effective on the date that is mutually agreed upon by the 1788 employer and the Director, which shall be specified in the notice of approval to the employer. 1789 “(b) The duration of the plan shall be 365 days from the effective date, unless a shorter 1790 duration is requested by employer or the plan is terminated or revoked in accordance with this 1791 section. 1792 “(c) An employer may terminate a shared work plan at any time upon written notice to 1793 the Director, participating employees, and a collective bargaining representative for the 1794 participating employees. After receipt of such notice from the employer, the Director shall issue 1795 to the employer, the appropriate collective bargaining representative, and participating 1796 80 employees an Acknowledgment of Voluntary Termination, which shall state the date the shared 1797 work plan terminated. 1798 “(d) The Director may revoke a shared work plan at any time for good cause, including: 1799 “(1) Failure to comply with the certifications and terms of the shared work plan; 1800 “(2) Failure to comply with federal or state law; 1801 “(3) Failure to report or request proposed modifications to the shared work plan in 1802 accordance with section 7; 1803 “(4) Unreasonable revision of productivity standards for the affected unit; 1804 “(5) Conduct or occurrences tending to defeat the purpose and effective operation 1805 of the shared work plan; 1806 “(6) Change in conditions on which approval of the plan was based; 1807 “(7) Violation of any criteria on which approval of the plan was based; or 1808 “(8) Upon the request of an employee in the affected unit. 1809 “(e) Upon a decision to revoke a shared work plan, the Director shall issue a written 1810 revocation order to the employer that specifies the reasons for the revocation and the date the 1811 revocation is effective. The Director shall provide a copy of the revocation order to all 1812 participating employees and their collective bargaining representative. 1813 “(f) The Director may periodically review the operation of an employer’s shared work 1814 plan to ensure compliance with its terms and applicable federal and District laws. 1815 “(g) An employer may submit a new application for a shared work plan at any time after 1816 the expiration or termination of a shared work plan.”. 1817 (e) Section 7 (D.C. Official Code § 51-176) is amended to read as follows: 1818 “Sec. 7. Modification of a shared work plan. 1819 81 “(a) An employer may not implement a substantial modification to a shared work plan 1820 without first obtaining the written approval of the Director. 1821 “(b)(1) An employer must report, in writing, every proposed modification of the shared 1822 work plan to the Director a least 5 calendar days before implementing the proposed modification. 1823 The Director shall review the proposed modification to determine whether the modification is 1824 substantial. If the Director determines that the proposed modification is substantial, the Director 1825 shall notify the employer of the need to request a substantial modification. 1826 “(2) An employer may request a substantial modification to a shared work plan by 1827 filing a written request with the Director. The request shall identify the specific provisions of the 1828 shared work plan to be modified and provide an explanation of why the proposed modification is 1829 consistent with and supports the purposes of the shared work plan. A modification may not 1830 extend the expiration date of the shared work plan. 1831 “(c)(1) At the Director’s discretion, an employer’s request for a substantial modification 1832 of a shared work plan may be approved if: 1833 “(A) Conditions have changed since the plan was approved; and 1834 “(B) The Director determines that the proposed modification is consistent 1835 with and supports the purposes of the approved plan. 1836 “(2) The Director shall approve or disapprove a request for substantial 1837 modification, in writing, within 15 calendar days of receiving the request and promptly shall 1838 communicate the decision to the employer. If the request is approved, the notice of approval 1839 shall contain the effective date of the modification.”. 1840 (f) Section 8 (D.C. Official Code § 51-177) is amended to read as follows: 1841 “Sec. 8. Employee eligibility for shared work benefits. 1842 82 “(a) A participating employee is eligible to receive shared work benefits with respect to 1843 any week only if the individual is monetarily eligible for unemployment compensation, not 1844 otherwise disqualified from unemployment compensation, and: 1845 “(1) With respect to the week for which shared work benefits are claimed, the 1846 participating employee was covered by a shared work plan that was approved prior to that week; 1847 “(2) Notwithstanding any other provision of the employment security law relating 1848 to availability for work and actively seeking work, the participating employee was available for 1849 the individual’s usual hours of work with the shared work employer, which may include 1850 availability to participate in training to enhance job skills approved by the Director, such as 1851 employer-sponsored training or training funded under the Workforce Innovation and Opportunity 1852 Act, approved July 22, 2014 (128 Stat. 1425; 29 U.S.C. § 3101 et seq.); and 1853 “(3) Notwithstanding any other provision of law, a participating employee is 1854 deemed unemployed for the purposes of determining eligibility to receive unemployment 1855 compensation benefits in any week during the duration of such plan if the individual’s 1856 remuneration as an employee in an affected unit is reduced under the terms of the plan. 1857 “(b) A participating employee may be eligible for shared work benefits or unemployment 1858 compensation, as appropriate, except that no participating employee may be eligible for 1859 combined benefits in any benefit year in an amount more than the maximum entitlement 1860 established for regular unemployment compensation; nor shall a participating employee be paid 1861 shared work benefits for more than 52 weeks under a shared work plan or in an amount more 1862 than the equivalent of the maximum of 26 weeks of regular unemployment compensation. 1863 83 “(c) The shared work benefit paid to a participating employee shall be deducted from the 1864 maximum entitlement amount of regular unemployment compensation established for that 1865 individual's benefit year. 1866 “(d) Provisions applicable to unemployment compensation claimants under the 1867 employment security law shall apply to participating employees to the extent that they are not 1868 inconsistent with this act. A participating employee who files an initial claim for shared work 1869 benefits shall receive a monetary determination of whether the individual is eligible to receive 1870 benefits. 1871 “(e) A participating employee who has received all of the shared work benefits or 1872 combined unemployment compensation and shared work benefits available in a benefit year shall 1873 be considered an exhaustee, as defined in section 7(g)(1)(H) of the District of Columbia 1874 Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 949; D.C. Official Code 1875 § 51–107(g)(1)(H)) (“Act”), for purposes of eligibility to receive extended benefits pursuant to 1876 section 7(g) of the Act (D.C. Official Code § 51–107(g)), and, if otherwise eligible under that 1877 section, shall be eligible to receive extended benefits. 1878 “(f) Shared work benefits shall be charged to employers’ experience rating accounts in 1879 the same manner as unemployment compensation is charged under the employment security law, 1880 unless waived by federal or District law. Employers liable for payments in lieu of contributions 1881 shall have shared work benefits attributed to service in their employ in the same manner as 1882 unemployment compensation is attributed, unless waived by federal or District law.”. 1883 (g) Section 9 (D.C. Official Code § 51-178) is amended as follows: 1884 (1) Subsection (a) is amended to read as follows: 1885 84 “(a)(1) Except as provided in paragraph (2) of this subsection, the weekly benefit for a 1886 participating employee shall be the product of the regular weekly unemployment compensation 1887 amount for a week of total unemployment multiplied by the percentage of reduction in the 1888 participating employee’s usual weekly hours of work. 1889 “(2) The shared work benefit for a participating employee who performs work for 1890 another employer during weeks covered by a shared work plan shall be calculated as follows: 1891 “(A) If the combined hours of work in a week for both employers results 1892 in a reduction of less than 10% of the usual weekly hours of work the participating employee 1893 works for the shared work employer, the participating employee is not eligible for shared work 1894 benefits; 1895 “(B) If the combined hours of work for both employers results in a 1896 reduction equal to or greater than 10% of the usual weekly hours worked for the shared work 1897 employer, the shared work benefit payable to the participating employee is determined by 1898 multiplying the weekly unemployment benefit amount for a week of total unemployment by the 1899 percentage by which the combined hours of work have been reduced. A week for which benefits 1900 are paid under this subparagraph shall be reported as a week of shared work benefits. 1901 “(C) If an individual worked the reduced percentage of the usual weekly 1902 hours of work for the shared work employer and is available for all the participating employee’s 1903 usual hours of work with the shared work employer, and the participating employee did not work 1904 any hours for the other employer, either because of the lack of work with that employer or 1905 because the participating employee is excused from work with the other employer, the 1906 participating employee shall be eligible for the full value of the shared work benefit for that 1907 week.”. 1908 85 (2) Subsection (b) is repealed 1909 (3) New subsections (c) and (d) are added to read as follows: 1910 “(c) A participating employee who is not provided any work during a week by the shared 1911 work employer or any other employer and who is otherwise eligible for unemployment 1912 compensation shall be eligible for the amount of regular unemployment compensation to which 1913 the individual would otherwise be eligible. 1914 “(d) A participating employee who is not provided any work by the shared work 1915 employer during a week, but who works for another employer and is otherwise eligible for 1916 unemployment compensation may be paid unemployment compensation for that week subject to 1917 the disqualifying income provision and other provisions applicable to claims for regular 1918 unemployment compensation.”. 1919 Sec. 2153. Applicability. 1920 This subtitle shall apply as of the effective date of this act. 1921 SUBTITLE Q. EQUITABLE IMPACT ASSISTANCE FOR LOCAL BUSINESS 1922 Sec. 2161. Short title. 1923 This subtitle may be cited as the “Equitable Impact Assistance for Local Businesses 1924 Emergency Act of 2020”. 1925 Sec. 2162. Definitions. 1926 For the purposes of this subtitle, the term: 1927 (1) “Economically disadvantaged individual” shall have the same meaning as set 1928 forth in section 2302(7) of the Small and Certified Business Enterprise Development and 1929 Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2- 1930 218.02(7)). 1931 86 (2)(A) “Eligible business” means an equity impact enterprise that has $2 million 1932 or less in annual revenue and certifies in writing that the business is unable to obtain 1933 conventional financing or is a business enterprise that cannot reasonably be expected to qualify 1934 for financing under the standards of commercial lending. 1935 (B) For the purposes of this paragraph, the phrase “unable to obtain 1936 conventional financing” means that the business has attempted but failed in the attempt to obtain 1937 financing from conventional sources. 1938 (3) “Equity impact enterprise” shall have the same meaning as set forth in section 1939 2303(8A) of the Small and Certified Business Enterprise Development and Assistance Act of 1940 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(8A)). 1941 (4) “Fund” means the Equity Impact Fund established in section 2163. 1942 (5) “Fund Manager” means a private financial organization selected by the Mayor 1943 pursuant to section 2164. 1944 (6) “Private financial organization” means a partnership, corporation, trust, 1945 limited liability company, Community Development Financial Institution, or a consortium of 1946 partnerships, corporations, trusts, limited liability companies, or Community Development 1947 Financial Institutions, whether organized on a profit or not-for-profit basis, that has as its primary 1948 activity the investment of capital into businesses. 1949 Sec. 2163. Establishment of the Equity Impact Fund. 1950 (a)(1) There is established a fund outside the General Fund of the District of Columbia, 1951 designated as the Equity Impact Fund (“Fund”), which shall be managed by a Fund Manager 1952 selected by the Mayor. 1953 87 (2) The Deputy Mayor for Planning and Economic Development shall provide, 1954 upon selection of the Fund Manager, $1.25 million in the aggregate in Fiscal Year 2021 for 1955 deposit into the Fund (“District’s initial investment”). 1956 (b) The Fund shall be funded by money appropriated for the purposes of the Fund, other 1957 amounts, if any, received by the District or Fund Manager for deposit into the Fund, and any 1958 monies received as gifts, grants, donations, and awards. 1959 (c) Money in the Fund shall be used for the following purposes: 1960 (1) To facilitate investment in businesses that lack access to capital; 1961 (2) To make investments into eligible businesses based on an investment strategy 1962 determined by the Fund Manager; and 1963 (3) To administer the Fund, including the provision of technical assistance to 1964 eligible businesses; provided, that no more than 15% of the District’s initial investment may be 1965 used annually for this purpose. 1966 Sec. 2164. Fund Manager selection. 1967 (a) The Mayor shall solicit applications, in a form determined by the Mayor, for the 1968 position of Fund Manager from private financial organizations. The application shall contain 1969 description of: 1970 (1) The qualifications of the applicant, including demonstrable experience in 1971 investing in small businesses, businesses owned by economically disadvantaged individuals, 1972 businesses owned by individuals who have been subjected to racial or ethnic prejudice or cultural 1973 bias because of their identity as a member of a group without regard to their individual qualities, 1974 or businesses that otherwise meet the definition of, or are similar to an equity impact enterprise; 1975 88 (2) How the applicant will structure the Fund and investment criteria to achieve 1976 the goals and objectives of the Fund; 1977 (3) The ability and plans of the applicant to provide or raise sufficient funds to 1978 provide matching contributions for the Fund; 1979 (4) The ability of the applicant to maintain a sufficient fund balance to administer 1980 the Fund; 1981 (5) The type of businesses to be targeted for priority investment from the Fund; 1982 (6) A demonstrable ability to offer a variety of financing vehicles, including 1983 equity financing, revenue-based financing, royalty financing, and debt financing; 1984 (7) The investment strategies the applicant will employ to achieve the goals and 1985 objectives of the Fund; and 1986 (8) Other criteria that the Mayor considers necessary or appropriate. 1987 (b) The Fund Manager shall be selected from among the applicants for the position based 1988 on a scoring rubric established by the Mayor; provided, that: 1989 (1) A preference be given to applicants that are at least 51% owned, operated, or 1990 controlled by economically disadvantaged individuals or individuals who have been subjected to 1991 racial or ethnic prejudice or cultural bias because of their identity as a member of a group 1992 without regard to their individual qualities; and 1993 (2) If the applicant manages an existing investment fund, the existing fund not 1994 exceed $100,000,000 in total investments. 1995 Sec. 2165. Minimum requirements for investment. 1996 (a) The Fund Manager shall source, underwrite, and monitor all investments placed 1997 pursuant to this subtitle. Except as otherwise provided by this subtitle, the Mayor shall not 1998 89 determine the recipient, amount, interest rate, or any other requirement related to an investment 1999 made pursuant to this subtitle. 2000 (b) The following requirements shall apply to any investment in an eligible business 2001 made from the Fund using the District’s initial investment or interest earned on the initial 2002 investment: 2003 (1) The Fund Manager shall begin accepting applications from eligible businesses 2004 seeking investment, on a rolling basis, within 30 days of being selected for the position by the 2005 Mayor. 2006 (2) For the Fund Manager to provide an investment from the Fund, the eligible 2007 business must agree, in writing, to participate in technical assistance training. 2008 (3) The Fund Manager shall establish, for each selected eligible business, a 12- 2009 month individualized business plan. Investments shall be distributed to the eligible business in 2010 installments based upon completion of specific milestones clearly described in the business’s 2011 individualized business plan. The individualized business plan shall include technical 2012 assistance, provided at no cost to the business, which shall include education on the 2013 management and scale of a business through live training or guided recorded sessions. All 2014 eligible businesses that receive an investment from the Fund shall be required to participate in at 2015 least 3 months of technical assistance training. 2016 Sec. 2166. Reporting requirements. 2017 The Fund Manager shall submit to the Mayor, on a quarterly basis, a report on the 2018 activities of the Fund. The report shall include, at a minimum: 2019 (1) The aggregate amount of dollars invested in eligible businesses during the 2020 reporting period; 2021 90 (2) The number of eligible businesses receiving an investment, including the 2022 name and business address for each; 2023 (3) A copy of the individualized business plan for each eligible business, 2024 including a description of the technical assistance training provided; and 2025 (4) The aggregate amount of funds in the Fund and a breakdown of the amount of 2026 the funds in the Fund used for each of the following, with each amount reported as a percentage 2027 of the aggregate amount of the Fund: 2028 (A) The percentage used for technical training assistance; 2029 (B) The percentage used for administration costs; and 2030 (C) The percentage used to compensate the Fund Manager. 2031 Sec. 2167. Recovery of District investment. 2032 The Mayor shall reserve the right to recover the amount of its initial investment into the 2033 Fund and may exercise this right if the Fund Manager does not, within a reasonable period, as 2034 determined by the Mayor, place investments into eligible businesses in an amount equal to the 2035 amount of the District’s initial investment into the Fund. 2036 SUBTITLE R. AFFORDABLE HOUSING LOAN FUND AUTHORIZATION 2037 Sec. 2171. Short Title. 2038 This subtitle may be cited as the “Affordable Housing Loan Fund Authorization 2039 Emergency Amendment Act of 2020”. 2040 Sec. 2172. The Department of Housing and Community Development is authorized to 2041 submit an application for the program offered by the U.S. Department of Housing and Urban 2042 Development, pursuant to section 108 of the Housing and Community Development Act of 2043 1974, approved August 22, 1974 (88 Stat. 647; 42 U.S.C. § 5308)(“program”), to provide a gap 2044 91 subsidy resource source for program-eligible affordable housing acquisition and rehabilitation 2045 projects in Fiscal Year 2021. 2046 Sec. 2173. Section 2009(d) of the Department of Housing and Community Development 2047 Unified Fund Establishment Act of 2008, effective August 16, 2008 (D.C. Law 17-219; D.C. 2048 Official Code § 42-2857.01(d)), is amended as follows: 2049 (a) The existing text is redesignated as paragraph (1). 2050 (b) A new paragraph (2) is added to read as follows: 2051 “(2) Costs associated with the application or implementation of projects pursuant 2052 to the Affordable Housing Loan Fund Authorization Amendment Act of 2020, passed on 1st 2053 reading on July 7, 2020 (Engrossed version of Bill 23-760), shall not be considered project- 2054 delivery costs for purposes of paragraph (1) of this subsection.”. 2055 Sec. 2174. Section 3(b)(10) of the Housing Production Trust Fund Act of 1988, effective 2056 March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2802(b)(10)), is amended as follows: 2057 (a) The existing text is redesignated as subparagraph (A). 2058 (b) A new subparagraph (B) is added to read as follows: 2059 “(B) Costs associated with the application or implementation of projects 2060 pursuant to the Affordable Housing Loan Fund Authorization Amendment Act of 2020, passed 2061 on 1st reading on July 7, 2020 (Engrossed version of Bill 23-760), shall not be considered 2062 administration of the Fund for purposes of paragraph (1) of this subsection.”. 2063 SUBTITLE S. RENT STABILIZATION EXTENSION 2064 Sec. 2181. Short Title. 2065 This subtitle may be cited as the “Rent Stabilization Extension Emergency Amendment 2066 Act of 2020”. 2067 92 Sec. 2182. Section 907 of the Rental Housing Act of 1985, effective July 17, 1985 2068 (D.C. Law 6-10; D.C. Official Code § 42-3509.07), is amended by striking the phrase “shall 2069 terminate on December 31, 2020” and inserting the phrase “shall terminate on December 31, 2070 2030” in its place. 2071 SUBTITLE T. EXPENDITURES FROM THE PUBLIC HOUSING AND 2072 STRUCTURAL TRANSFORMATION CAPITAL ACCOUNT 2073 Sec. 2191. Short title. 2074 This subtitle may be cited as the “Expenditures from the Public Housing and Structural 2075 Transformation Capital Account Emergency Act of 2020”. 2076 Sec. 2192. Expenditures from the Public Housing and Structural Transformation capital 2077 account. 2078 (a) The District of Columbia Housing Authority (“Authority”) shall not obligate or 2079 expend any money from capital project DHA00C unless the expenditure, or planned expenditure 2080 in the case of an obligation, is part of a proposed spending plan submitted by the Authority to the 2081 Mayor and thereafter approved by the Mayor. Each proposed spending plan shall also be 2082 submitted by the Authority to the Council for its information. 2083 (b) Each proposed spending plan submitted by the Authority to the Mayor shall include 2084 detailed information on each project for which the Authority proposes to expend funds from 2085 capital project DHA00C. At a minimum, the information provided for a project shall include: 2086 (1) The proposed location of the project; 2087 (2) A detailed proposed scope of the project; 2088 (3) A detailed proposed line-item budget for the project; 2089 (4) A detailed proposed timeline for the project; 2090 93 (5) A statement of whether the implementation of the proposed project will 2091 require the relocation of tenants and, if such relocation is required, a detailed proposed relocation 2092 plan. 2093 (c)(1) For each solicitation of a contract valued at $100,000 or more that is funded with 2094 money from capital project DHA00C, the Authority shall: 2095 (A) Award preferences to certified business enterprises as provided in 2096 section 2343 of the Small and Certified Business Enterprise Development and Assistance Act of 2097 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.43); and 2098 (B) Exercise its contracting and procurement authority for contracts 2099 funded by capital project DHA00C so as to meet, on an annual basis, the goals of procuring and 2100 contracting at least 50% of the dollar volume of such contracts (the “CBE dollar volume”) with 2101 certified business enterprises and at least 50% of the CBE dollar volume with small business 2102 enterprises. 2103 (2) For the purposes of this subsection, the term: 2104 (A) “Certified business enterprise” shall have the meaning set forth in 2105 section 2302(1D) of the Small and Certified Business Enterprise Development and Assistance 2106 Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(1D)). 2107 (B) “Small business enterprise” shall have the meaning set forth in section 2108 2302(16) of the Small and Certified Business Enterprise Development and Assistance Act of 2109 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(16)). 2110 SUBTITLE U. DC CENTRAL KITCHEN FACILITY GRANT 2111 Sec. 2201. Short title. 2112 94 This subtitle may be cited as the “DC Central Kitchen Facility Grant Emergency 2113 Amendment Act of 2020”. 2114 Sec. 2202. Notwithstanding section 4(c) of the Workforce Investment Implementation 2115 Act of 2000, effective July 18, 2000 (D.C. Law 13-150; D.C. Official Code § 32-1603(c)), and 2116 the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. 2117 Official Code § 1-328.11 et seq.), in Fiscal Year 2021, the Workforce Investment Council shall 2118 award DC Central Kitchen a grant in the amount of $1,000,000 to build a new training facility 2119 that will provide culinary training services and community nutrition programming and to aid in 2120 the relocation of its headquarters. 2121 SUBTITLE V. C&O CANAL GRANT 2122 Sec. 2211. Short title. 2123 This subtitle may be cited as the “C&O Canal Grant Act of 2020”. 2124 Sec. 2212. (a) In Fiscal Year 2021, the Office of Planning shall award a grant of 2125 not less than $500,000 to an organization partnering with the National Park Service to 2126 complete concept design plans for the Chesapeake and Ohio Canal in Georgetown. 2127 (b) A grant awarded pursuant to this section shall be in addition to any other grant 2128 awarded by the Office of Planning for design work for the Chesapeake and Ohio Canal. 2129 TITLE III. PUBLIC SAFETY AND JUSTICE 2130 SUBTITLE A. CRIMINAL CODE REFORM COMMISSION 2131 Sec. 3001. Short title. 2132 This subtitle may be cited as the “Criminal Code Reform Commission Emergency 2133 Amendment Act of 2020”. 2134 95 Sec. 3002. The Criminal Code Reform Commission Establishment Act of 2016, effective 2135 October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 3-151 et seq.), is amended as follows: 2136 (a) Section 3122(c)(1) (D.C. Official Code § 3-151(c)(1)) is amended by striking the phrase 2137 “, or until the Commission is dissolved pursuant to section 3127, and” and inserting the phrase “, 2138 and” in its place. 2139 (b) Section 3123 (D.C. Official Code § 3-152) is amended as follows: 2140 (1) The section heading is amended to read as follows: 2141 “Sec. 3123. Duties of the Criminal Code Reform Commission.”. 2142 (2) The lead-in language of subsection (a) is amended by striking the phrase “By 2143 September 30, 2020” and inserting the phrase “By March 31, 2021” in its place. 2144 (3) Subsection (d) is amended by striking the phrase “provide, upon request by the 2145 Council, a legal analysis of proposed legislation concerning criminal offenses, including” and 2146 inserting the phrase “provide, upon request by the Council or on its own initiative, a legal or 2147 policy analysis of proposed legislation or best practices concerning criminal offenses, 2148 procedures, or reforms, including” in its place. 2149 (4) Subsection (e) is amended by striking the phrase “regarding criminal code 2150 reform to advance” and inserting the phrase “to advance” in its place. 2151 (c) The lead-in language of section 3124(a) (D.C. Official Code § 3-153(a)) is amended 2152 by striking the phrase “section 3123” and inserting the phrase “section 3123(a)” in its place. 2153 (d) Section 3125 (D.C. Official Code § 3-154) is amended as follows: 2154 (1) Subsection (a) is amended by striking the phrase “The Commission” and 2155 inserting the phrase “Until March 31, 2021, the Commission” in its place. 2156 96 (2) Subsection (b) is amended by striking the phrase “The Commission shall file 2157 an annual report with the Council before March 31 of each year” and inserting the phrase 2158 “Before March 31, 2021, the Commission shall file a report with the Council” in its place. 2159 (3) A new subsection (c) is added to read as follows: 2160 “(c) Before March 31, 2022, and annually thereafter, the Commission shall file an annual 2161 report with the Council of its activities during the previous calendar year.”. 2162 (e) Section 3127 (D.C. Official Code § 3-156) is repealed. 2163 SUBTITLE B. RESTORATIVE JUSTICE COLLABORATIVE 2164 Sec. 3011. Short title. 2165 This subtitle may be cited as the “Restorative Justice Collaborative Emergency 2166 Amendment Act of 2020”. 2167 Sec. 3012. The Neighborhood Engagement Achieves Results Amendment Act of 2016, 2168 effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2411 et seq.), is amended as 2169 follows: 2170 (a) Section 101 (D.C. Official Code § 7-2411) is amended as follows: 2171 (1) Subsection (a) is amended as follows: 2172 (A) Paragraph (2) is amended by striking the phrase “; and” and inserting 2173 a semicolon in its place. 2174 (B) Paragraph (3) is amended by striking the period and inserting the 2175 phrase “; and” in its place. 2176 (C) A new paragraph (4) is added to read as follows: 2177 97 “(4) The Restorative Justice Collaborative, which shall serve as a centralized hub 2178 to coordinate and foster restorative justice programming and practices within the District 2179 government and by and in partnership with District community-based organizations.”. 2180 (2) Subsection (b) is amended as follows: 2181 (A) Paragraph (5) is amended by striking the phrase “; and” and inserting 2182 a semicolon in its place. 2183 (B) Paragraph (6) is amended by striking the period and inserting the 2184 phrase “; and” in its place. 2185 (C) A new paragraph (7) is added to read as follows: 2186 “(7) Coordinating and fostering restorative justice programming and practices 2187 within the District government and by and in partnership with District community-based 2188 organizations, with a focus on the 18-to-35-year old population.”. 2189 (b) Section 102(a)(3) (D.C. Official Code § 7-2412(a)(3)) is amended by striking the 2190 phrase “programming; and” and inserting the phrase “and restorative justice programming; and” 2191 in its place. 2192 SUBTITLE C. EMERGENCY MEDICAL SERVICES TRANSPORT CONTRACT 2193 Sec. 3021. Short title. 2194 This subtitle may be cited as the “Emergency Medical Services Transport Contract 2195 Authority Emergency Amendment Act of 2020”. 2196 Sec. 3022. Section 3073 of the Emergency Medical Services Transport Contract Authority 2197 Amendment Act of 2016, effective October 8, 2016 (D.C. Law 21-160; 63 DCR 10775), is 2198 amended by striking the date “September 30, 2021” and inserting the date “September 30, 2023” 2199 in its place. 2200 98 SUBTITLE D. SENIOR POLICE OFFICERS PROGRAM 2201 Sec. 3031. Short title. 2202 This subtitle may be cited as the “Senior Police Officers Retention Emergency 2203 Amendment Act of 2020”. 2204 Sec. 3032. Section 2(h)(1) of the Retired Police Officer Redeployment Amendment Act 2205 of 1992, effective September 29, 1992 (D.C. Law 9-163; D.C. Official Code § 5-761(h)(1)), is 2206 amended by striking the date “October 1, 2020” and inserting the date “October 1, 2023” in its 2207 place. 2208 SUBTITLE E. OFFICE ON RETURNING CITIZEN AFFAIRS 2209 Sec. 3041. Short title. 2210 This subtitle may be cited as the “Moving the Office on Returning Citizen Affairs 2211 Emergency Amendment Act of 2020”. 2212 Sec. 3042. Section 3022 of the Office of the Deputy Mayor for Public Safety and Justice 2213 Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 2214 1-301.191), is amended as follows: 2215 (a) Subsection (c) is amended as follows: 2216 (1) Paragraph (1) is amended to read as follows: 2217 “(1) Be responsible for providing guidance and support to, and coordination of, 2218 public safety, justice, and returning citizen agencies within the District of Columbia government, 2219 including the Office on Returning Citizen Affairs, established by section 3 of the Office on Ex- 2220 Offender Affairs and Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 2221 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1302);”. 2222 (2) Paragraph (2) is amended to read as follows: 2223 99 “(2) Ensure accountability through general oversight over public safety, justice, 2224 and returning citizen agencies, as well as the programs under the jurisdiction of the Office;”. 2225 (3) Paragraph (3) is amended by striking the phrase “public-safety and justice 2226 services” and inserting the phrase “public safety, justice, and returning citizen services” in its 2227 place. 2228 (4) Paragraph (4) is amended by striking the phrase “criminal justice or public- 2229 safety issues, in the coordination, planning, and implementation of public-safety and justice 2230 matters” and inserting the phrase “public safety, justice, or returning citizen issues, in the 2231 coordination, planning, and implementation of public safety, justice, and returning citizen 2232 matters” in its place. 2233 (5) Paragraph (5) is repealed. 2234 (b) A new subsection (e) is added to read as follows: 2235 “(e) For the purposes of this section, the term “returning citizens” shall have the same 2236 meaning as provided in section 2(5) of the Office on Ex-Offender Affairs and Commission on 2237 Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. 2238 Law 16-243; D.C. Official Code § 24-1301(5)).”. 2239 Sec. 3043. Section 3(a) of the Office on Ex-Offender Affairs and Commission on Re- 2240 Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 2241 16-243; D.C. Official Code § 24-1302(a)), is amended by striking the phrase “established the 2242 Office on Returning Citizen Affairs” and inserting the phrase “established, as a subordinate 2243 Executive agency within the Public Safety and Justice cluster, the Office on Returning Citizen 2244 Affairs” in its place. 2245 100 SUBTITLE F. CONCEALED PISTOL LICENSING REVIEW BOARD 2246 Sec. 3051. Short title. 2247 This subtitle may be cited as the “Concealed Pistol Licensing Review Board Membership 2248 Emergency Amendment Act of 2020”. 2249 Sec. 3052. Section 908 of the Firearms Control Regulations Act of 1975, effective June 16, 2250 2015 (D.C. Law 20-279; D.C. Official Code § 7-2509.08), is amended as follows: 2251 (a) Subsection (b)(1) is amended as follows: 2252 (1) The lead-in language is amended by striking the phrase “7 members” and 2253 inserting the phrase “11 members” in its place. 2254 (2) Subparagraph (D) is amended by striking the semicolon and inserting the 2255 phrase “; and” in its place. 2256 (3) Subparagraph (E) is amended as follows: 2257 (A) The lead-in language is amended by striking the phrase “Three public” 2258 and inserting the phrase “Seven public” in its place. 2259 (B) Sub-subparagraph (i) is amended by striking the phrase “; and” and 2260 inserting a semicolon in its place. 2261 (C) Sub-subparagraph (ii) is amended by striking the period and inserting 2262 a semicolon in its place. 2263 (D) New sub-subparagraphs (iii), (iv), and (v) are added to read as 2264 follows: 2265 “(iii) Two District residents with professional experience in the 2266 field of gun violence prevention; 2267 101 “(iv) One District resident with professional experience in the field 2268 of victim services or advocacy; and 2269 “(v) One District resident attorney in good standing with the 2270 District of Columbia Bar with professional experience in criminal law.”. 2271 (b) Subsection (c) is amended by striking the phrase “section. Each hearing panel shall 2272 contain at least one member designated by subsection (b)(1)(A), (B), or (D) of this section.” and 2273 inserting the phrase “section.” in its place. 2274 SUBTITLE G. LITIGATION SUPPORT FUND AND GRANT-MAKING 2275 AUTHORITY 2276 Sec. 3061. Short title. 2277 This subtitle may be cited as the “Litigation Support Fund and Grant-Making Authority 2278 Emergency Amendment Act of 2020”. 2279 Sec. 3062. The Attorney General for the District of Columbia Clarification and Elected 2280 Term Amendment Act of 2010, effective May 27, 2010 (D.C. Law 18-160; D.C. Official Code § 2281 1-301.81 et seq.), is amended as follows: 2282 (a) Section 106b (D.C. Official Code § 1-301.86b) is amended as follows: 2283 (1) Subsection (c) is amended as follows: 2284 (A) Paragraph (1)(B) is amended by striking the phrase “Funding staff 2285 positions, up to a maximum amount of $4 million” and inserting the phrase “Funding staff 2286 positions, personnel costs, and employee retirement and separation incentives, up to a maximum 2287 amount of $6 million” in its place. 2288 (B) Paragraph (2) is amended to read as follows: 2289 102 “(2) Beginning in Fiscal Year 2020, up to $7 million deposited into the Fund each 2290 fiscal year may be used for the purposes of crime reduction, violence interruption, and other 2291 public safety initiatives.”. 2292 (C) A new paragraph (3) is added to read as follows: 2293 “(3) In Fiscal Year 2021, the first $500,000 deposited into the Fund shall be 2294 transferred to the Office of Victim Services and Justice Grants for victim services grants.”. 2295 (2) Subsection (d)(3) is amended as follows: 2296 (A) Subparagraph (A) is amended by striking the phrase “$10 million” 2297 both times it appears and inserting the phrase “$17 million” in its place. 2298 (B) Subparagraph (B) is amended by striking the phrase “$11.6 million in 2299 the Fund until September 30, 2020” and inserting the phrase “$19.1 million in the Fund until 2300 September 30, 2021” in its place. 2301 (3) A new subsection (f) is added to read as follows: 2302 “(f) Notwithstanding any other provision of this section, $12,039,659.91 of the amount to 2303 be received by the District in Fiscal Year 2021 in settlement of District of Columbia v. Monsanto 2304 Co., Superior Court Case No. 2020 CA 002445 B, shall be deposited in the Fund and allocated as 2305 follows: 2306 “(1) $7,339,659.91 shall be paid in attorney’s fees and costs to May Firm/EKM 2307 Association on PCBs for legal services received pursuant to Contract No. DCCB-2019-C-0008; 2308 and 2309 “(2) $4,700,000 shall be used for the authorized purposes of the Fund pursuant to 2310 subsection (c) of this section.”. 2311 (b) Section 108c (D.C. Official Code § 1-301.88f) is amended as follows: 2312 103 (1) The section heading is amended by striking the phrase “reduction and violence 2313 interruption” and inserting the phrase “reduction, violence interruption, and assistance to victims 2314 of crime and other vulnerable residents” in its place. 2315 (2) Subsection (a) is amended by striking the phrase “reduction and violence 2316 interruption” and inserting the phrase “reduction, violence interruption, and assistance to victims 2317 of crime and other categories of vulnerable residents served by the Office of the Attorney 2318 General, including seniors, children, individuals protected from discrimination under the Human 2319 Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2- 2320 1401.01 et seq.), and individuals previously involved in the criminal justice system” in its place. 2321 Sec. 3063. Applicability. 2322 This subtitle shall apply as of July 31, 2020. 2323 SUBTITLE H. CHIEF OF POLICE TERM OF OFFICE 2324 Sec. 3071. Short title. 2325 This subtitle may be cited as the “Chief of Police Term of Office Emergency Amendment 2326 Act of 2020”. 2327 Sec. 3072. Section l of An Act Relating to the Metropolitan police of the District of 2328 Columbia, approved February 28, 1901 (31 Stat. 819; D.C. Official Code § 5-105.01), is 2329 amended by adding a new subsection (e) to read as follows: 2330 “(e)(1) Effective May 2, 2017, the term of office for Chief of Police shall be 4 years, 2331 except that the Mayor may earlier terminate a Chief of Police with or without cause during that 2332 Chief of Police’s term of office. 2333 “(2) In the event a Chief of Police leaves office prior to the expiration of a 4-year 2334 term, the successor Chief nominated by the Mayor and confirmed by the Council shall serve a 2335 104 new 4-year term of office, subject to removal during that term by the Mayor in accordance with 2336 paragraph (1) of this subsection.”. 2337 SUBTITLE I. MONSANTO SETTLEMENT ALLOCATION 2338 Sec. 3081. Short title. 2339 This subtitle may be cited as the “Monsanto Settlement Emergency Act of 2020”. 2340 Sec. 3082. Notwithstanding any other provision of law, the $52 million to be received by 2341 the District in Fiscal Year 2021 in settlement of District of Columbia v. Monsanto Co., Superior 2342 Court of the District of Columbia Case No. 2020 CA 002445 B, shall be recognized as revenue 2343 and allocated as follows: 2344 (1) $7,339,659.91 shall be deposited in the Litigation Support Fund, 2345 established pursuant to section 106b of the Attorney General for the District of Columbia 2346 Clarification and Elected Term Amendment Act of 2010, effective May 27, 2010 (D.C. Law 18- 2347 160; D.C. Official Code § 1-301.86b) (“Litigation Support Fund”), to pay attorney’s fees and 2348 costs to May Firm/EKM Association on PCBs for legal services received pursuant to Contract 2349 No. DCCB-2019-C-0008; 2350 (2) $4,700,000 shall be deposited into the Litigation Support Fund and 2351 used for the authorized purposes of that fund; 2352 (3) $30,000,000 shall be deposited into the Clean Land Fund, established 2353 pursuant to section 308 of the Brownfield Revitalization Amendment Act of 2000, effective June 2354 13, 2001 (D.C. Law 13-312; D.C. Official Code § 8-633.08), to be used for the authorized 2355 purposes of that fund; and 2356 105 (4) $9,960,340.09 shall be deposited as local funds into the General Fund 2357 and shall be made available as set forth in the approved Fiscal Year 2021 Budget and Financial 2358 Plan. 2359 Sec. 3083. Applicability. 2360 This subtitle shall apply as of July 28, 2020. 2361 SUBTITLE J. ETHICS ENFORCEMENT 2362 Sec. 3091. Short title. 2363 This subtitle may be cited as the “Ethics Enforcement Emergency Amendment Act of 2364 2020”. 2365 Sec. 3092. The Board of Ethics and Government Accountability Establishment and 2366 Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19- 2367 124; D.C. Official Code § 1-1161.01 et seq.), is amended as follows: 2368 (a) Section 215 (D.C. Official Code § 1-1162.15) is amended as follows: 2369 (1) Subsection (a) is amended as follows: 2370 (A) Paragraph (2) is amended by striking the phrase “the United States 2371 Attorney for the District of Columbia for enforcement or prosecution;” and inserting the phrase 2372 “the prosecutorial authority with jurisdiction for enforcement or prosecution; or” in its place. 2373 (B) Paragraph (3) is repealed. 2374 (2) Subsection (b) is amended to read as follows: 2375 “(b) The Board may refer information concerning an alleged violation of the Code of 2376 Conduct or of this title to the prosecutorial authority with jurisdiction for enforcement or 2377 prosecution after the presentation of evidence by the Director of Government Ethics to the Board 2378 as provided in section 212(b), 213(e), or 214(a).”. 2379 106 (b) Section 221 (D.C. Official Code § 1-1162.21) is amended as follows: 2380 (1) Subsection (b) is amended as follows: 2381 (A) Paragraph (1) is amended by striking the phrase “not more than 2382 $25,000” and inserting the phrase “not more than $5,000” in its place. 2383 (B) A new paragraph (1A) is added to read as follows: 2384 “(1A) The fine set forth in paragraph (1) of this subsection shall not be limited by 2385 section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2386 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01).”. 2387 (C) Paragraph (2) is amended to read as follows: 2388 “(2) Prosecutions of violations of this subsection shall be brought by the Attorney 2389 General of the District of Columbia.”. 2390 (D) A new paragraph (3) is added to read as follows: 2391 “(3) For the purposes of this subsection and section 222(a), violations of the 2392 following provisions of the Code of Conduct substantially threaten the public trust: 2393 “(A) Section 223; and 2394 “(B) Section 416 of the Procurement Practices Reform Act of 2010, 2395 effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-354.16).”. 2396 (2) Subsection (d) is amended by striking the phrase “the Board, the Attorney 2397 General of the District of Columbia, or of the United States Attorney for the District of 2398 Columbia” and inserting the phrase “the Board or the Attorney General of the District of 2399 Columbia” in its place. 2400 TITLE IV. PUBLIC EDUCATION SYSTEMS 2401 107 SUBTITLE A. UNIFORM PER STUDENT FUNDING FORMULA INCREASE 2402 Sec. 4001. Short title. 2403 This subtitle may be cited as the “Funding for Public Schools and Public Charter Schools 2404 Increase Emergency Amendment Act of 2020”. 2405 Sec. 4002. The Uniform Per Student Funding Formula for Public Schools and Public 2406 Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 2407 38-2901 et seq.), is amended as follows: 2408 (a) Section 104(a) (D.C. Official Code § 38-2903(a)) is amended by striking the phrase 2409 “$10,980 per student for Fiscal Year 2020” and inserting the phrase “$11,310 per student for 2410 Fiscal Year 2021” in its place. 2411 (b) Section 105 (D.C. Official Code § 38-2904) is amended by striking the tabular array 2412 and inserting the following tabular array in its place: 2413 “Grade Level Weighting Per Pupil Allocation in FY 2021 “Pre-Kindergarten 3 1.34 $15,155 “Pre-Kindergarten 4 1.30 $14,703 “Kindergarten 1.30 $14,703 “Grades 1-5 1.00 $11,310 “Grades 6-8 1.08 $12,215 “Grades 9-12 1.22 $13,798 “Alternative program 1.445 $16,343 “Special education school 1.17 $13,233 “Adult 0.89 $10,066 108 2414 (c) Section 106(c) (D.C. Official Code § 38-2905(c)) is amended to read as follows: 2415 “(c) The supplemental allocations shall be calculated by applying weightings to the 2416 foundation level as follows: 2417 “Special Education Add-ons: 2418 “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 “Level 1: Special Education Eight hours or less per school week of specialized services 0.97 $10,971 “Level 2: Special Education More than 8 hours and less than or equal to 16 hours per school week of specialized services 1.20 $13,572 “Level 3: Special Education More than 16 hours and less than or equal to 24 hours per school week of specialized services 1.97 $22,281 “Level 4: Special Education More than 24 hours per school week of specialized services, which may include instruction in a self-contained (dedicated) special education school other than residential placement 3.49 $39,472 “Special Education Compliance Funding Weighting provided in addition to special education level add-on weightings on a per-student basis for special education compliance. 0.099 $1,120 “Attorney’s Fees Supplement Weighting provided in addition to special education level add-on weightings on a per-student basis for attorney’s fees. 0.089 $1,007 “Residential D.C. Public School or public charter school that provides students with room and board in a residential setting, in addition to their instructional program 1.67 $18,888 2419 109 “General Education Add-ons: 2420 “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 “ELL Additional funding for English Language Learners 0.49 $5,542 “At-risk Additional funding for students in foster care, who are homeless, on TANF or SNAP, or behind grade level 0.2256 $2,552 2421 “Residential Add-ons: 2422 “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 “Level 1: Special Education - Residential Additional funding to support the after- hours level 1 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 0.37 $4,185 “Level 2: Special Education - Residential Additional funding to support the after- hours level 2 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 1.34 $15,155 “Level 3: Special Education - Residential Additional funding to support the after- hours level 3 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 2.89 $32,686 “Level 4: Special Additional funding to support the after- hours level 4 special education needs of limited- and non-English-proficient 2.89 $32,686 110 Education - Residential students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting “LEP/NEP - Residential Additional funding to support the after- hours limited- and non-English- proficiency needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 0.668 $7,555 2423 “Special Education Add-ons for Students with Extended School Year (“ESY”) Indicated 2424 in Their Individualized Education Programs (“IEPs”): 2425 “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 “Special Education Level 1 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs. 0.063 $713 “Special Education Level 2 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.227 $2,567 “Special Education Level 3 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.491 $5,553 “Special Education Level 4 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.491 $5,553 .” . 2426 (d) Section 115 (D.C. Official Code § 38-2913) is amended by striking the phrase “Fiscal 2427 Year 2022” and inserting the phrase “Fiscal Year 2024” in its place. 2428 111 SUBTITLE B. EDUCATION FACILITY COLOCATION 2429 Sec. 4011. Short title. 2430 This subtitle may be cited as the “Education Facility Colocation Emergency Amendment 2431 Act of 2020”. 2432 Sec. 4012. Section 3422 of the Public School and Public Charter School Facilities 2433 Sharing Act of 2002, effective October 1, 2002 (D.C. Law 14-190; D.C. Official Code § 38- 2434 1831.01), is amended as follows: 2435 (a) Subsection (a) is amended to read as follows: 2436 “(a) The District of Columbia Public Schools (“DCPS”) system may allow existing 2437 public charter schools that are chartered pursuant to the District of Columbia School Reform Act 2438 of 1995, approved April 26, 1996 (110 Stat. 1321-115; D.C. Official Code 38-1802.01 et seq.), 2439 to utilize space in DCPS facilities, for a period not greater than 15 years, where such facilities are 2440 currently or are projected to be underutilized.”. 2441 (b) Subsection (b) is amended as follows: 2442 (1) Paragraphs (1) and (2) are amended to read as follows: 2443 “(1) As payment for the space allocation, the public charter school shall pay to 2444 DCPS an amount agreeable to the charter school and DCPS. 2445 “(2) The amount of payment shall be agreed upon before relocation of any public 2446 charter school into a DCPS facility.”. 2447 (2) Paragraph (3) is repealed. 2448 (c) Subsection (c) is amended by striking the phrase “Board of Education shall” and 2449 inserting the phrase “Mayor may” in its place. 2450 (d) A new subsection (d) is added to read as follows: 2451 112 “(d)(1) There is established as a special fund the DCPS School Facility Colocation Fund 2452 (“Fund”), which shall be administered by DCPS in accordance with paragraph (3) of this 2453 subsection. 2454 “(2) All payments received from public charter schools under this section shall be 2455 deposited in the Fund. 2456 “(3) Money in the Fund shall be used for the following purposes: 2457 “(A) To fund additional school programming, supplemental staff, special 2458 initiatives, and other activities and programs at DCPS schools in which charter schools are 2459 collocated; and 2460 “(B) For maintenance of, or improvements to, DCPS schools in which 2461 charter schools are colocated. 2462 “(4)(A) The money deposited into the Fund but not expended in a fiscal year shall 2463 not revert to the unassigned fund balance of the General Fund of the District of Columbia at the 2464 end of a fiscal year, or at any other time. 2465 “(B) Subject to authorization in an approved budget and financial plan, 2466 any funds appropriated in the Fund shall be continually available without regard to fiscal year 2467 limitation.”. 2468 (e) A new subsection (e) is added to read as follows: 2469 “(e) Any funds received by a DCPS school pursuant to this section shall be supplemental 2470 to any funds budgeted for the school from the Uniform Per Student Funding Formula or other 2471 fund source. A school’s school-based budget shall not be reduced based on funds received 2472 pursuant to this section.”. 2473 113 SUBTITLE C. CHILD CARE GRANTS 2474 Sec. 4021. Short title. 2475 This subtitle may be cited as the “Grantmaking Authority to Expand Access to Quality 2476 Child Care Emergency Amendment Act of 2020”. 2477 Sec. 4022. Child care grantmaking authority. 2478 Section 3(b) of the State Education Office Establishment Act of 2000, effective October 2479 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)), is amended as follows: 2480 (a) Paragraph (30) is amended by striking the phrase “; and” and inserting a semicolon in 2481 its place. 2482 (b) Paragraph (31)(C) is amended by striking the period and inserting the phrase “; and” 2483 in its place. 2484 (c) A new paragraph (32) is added to read as follows: 2485 “(32) Have the authority to issue grants, from funds under its administration, to 2486 non-profit and community-based organizations to increase access to, the affordability of, and the 2487 quality of child care in the District.”. 2488 SUBTITLE D. UNIVERSITY OF THE DISTRICT OF COLUMBIA 2489 FUNDRAISING MATCH 2490 Sec. 4031. Short title. 2491 This subtitle may be cited as the “University of the District of Columbia Fundraising 2492 Match Emergency Act of 2020”. 2493 Sec. 4032. (a) In Fiscal Year 2021, of the funds allocated to the Non-Departmental 2494 agency, $1, up to a maximum of $1.5 million, shall be transferred to the University of the 2495 114 District of Columbia (“UDC”) to match dollar-for-dollar the amount UDC raises from private 2496 donations by April 1, 2021. 2497 (b) Of the amount transferred to UDC pursuant to subsection (a) of this section, no less 2498 than one-third of the funds shall be deposited into UDC’s endowment fund. 2499 SUBTITLE E. ADULT AND RESIDENTIAL PUBLIC CHARTER SCHOOL 2500 STABLIZATION 2501 Sec. 4041. Short title. 2502 This subtitle may be cited as the “Adult and Residential Public Charter School Funding 2503 Stabilization Emergency Amendment Act of 2020”. 2504 Sec. 4042. Section 107b of the Uniform Per Student Funding Formula for Public Schools 2505 and Public Charter Schools Act of 1995, effective April 13, 2005 (D.C. Law 15-348; D.C. 2506 Official Code § 38-2906.02), is amended by adding a new subsection (c-1) to read as follows: 2507 “(c-1)(1) Notwithstanding subsections (b), (c), (d), and (g) of this section, for School 2508 Year 2020-2021, the annual payment pursuant to the Funding Formula for each adult education 2509 program and each residential public charter school shall equal the total estimated costs for the 2510 number of District resident students projected to be enrolled in the adult education program or 2511 the residential public charter school, during School Year 2020-2021, including the costs of all 2512 add-on components provided in sections 106 and 106a, based on the program or school’s 2513 enrollment projections contained in the Mayor’s Fiscal Year 2021 proposed budget, as modified 2514 pursuant to section 107(e). 2515 “(2)(A) The first quarterly payment shall be 35% of a school’s annual payment. 2516 “(B) A school’s October 25, January 15, and April 15 payments 2517 115 shall each equal 1/3 of the school’s total remaining annual payment after the first quarterly 2518 payment is made.”. 2519 “(3) For the purposes of this subsection, the term: 2520 “(A) “Adult education program” means a public charter school or a 2521 program in a public charter school that, during School Year 2019-2020, was identified as an 2522 adult education performance management framework school by the District of Columbia Public 2523 Charter School Board. . 2524 “(B) “Residential public charter school” means a public charter school 2525 that, during School Year 2019-2020, provided a majority of its students with room and board in a 2526 residential setting, in addition to their instructional program.”. 2527 Sec. 4043. Applicability. 2528 This subtitle shall apply as of July 31, 2020. 2529 SUBTITLE F. SCHOOL FINANCIAL TRANSPARENCY 2530 Sec. 4051. Short title. 2531 This subtitle may be cited as the “School Financial Transparency Emergency 2532 Amendment Act of 2020”. 2533 Sec. 4052. Section 202 of the Department of Education Establishment Act of 2007, 2534 effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191), is amended as follows: 2535 (a) Subsection (b) is amended as follows: 2536 (1) Paragraph (8) is amended by striking the phrase “; and” and inserting a 2537 semicolon in its place. 2538 (2) Paragraph (9) is amended by striking the period and inserting the phrase “; 2539 and” in its place. 2540 116 (3) A new paragraph (10) is added to read as follows: 2541 “(10)(A) By May 31, 2021, establish common financial reporting standards for 2542 the non-capital budgets and expenditures of District of Columbia Public Schools and public 2543 charter schools. The common financial reporting standards shall: 2544 “(i) Include categories for reporting budgets and expenditures for 2545 instructional staff, school administrators, instructional supports, educational materials, and non- 2546 educational administrative costs; 2547 “(ii) Permit meaningful and accurate budget and expenditure 2548 comparisons, including comparisons of budgets and expenditures for at-risk students, as defined 2549 in section 102(2A) of the Uniform Per Student Funding Formula for Public Schools and Public 2550 Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 2551 38-2901(2A)), between all public schools and between all local education agencies; 2552 “(iii) Ensure full and accurate disclosure of administrative costs for 2553 each local education agency; and 2554 “(iv) Make it possible to collect comparable data by school 2555 campus. 2556 “(B) For the purposes of this paragraph, the term: 2557 “(i) “Local education agency” means the District of Columbia 2558 Public Schools system or any individual or group of public charter schools operating under a 2559 single charter. 2560 “(ii) “Public schools” includes public charter schools.”. 2561 (b) A new subsection (f) is added to read as follows: 2562 117 “(f)(1) To support the establishment of common financial reporting standards required 2563 pursuant to subsection (b)(10) of this section, the Deputy Mayor for Education may issue grants 2564 not to exceed $200,000, in Fiscal Year 2021. 2565 “(2) Grants issued pursuant to this subsection shall be administered pursuant to 2566 the requirements set forth in the Grant Administration Act of 2013, effective December 24, 2013 2567 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.).”. 2568 Sec. 4053. Section 3(b) of the State Education Office Establishment Act of 2000, 2569 effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)), is amended by 2570 adding a new paragraph (3A) to read as follows: 2571 “(3A) Beginning in May 2024, and annually thereafter, electronically publish for 2572 each public school and public charter school the previous school year’s expenditures, based on 2573 the common financial reporting standards established by the Department of Education pursuant 2574 to section 202(b)(10) of the Department of Education Establishment Act of 2007, effective June 2575 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191), in a manner that permits the public to 2576 easily compare expenditures between individual schools and between local education agencies.”. 2577 Sec. 4054. The Board of Education Continuity and Transition Amendment Act of 2004, 2578 effective December 7, 2004 (D.C. Law 15-211; D.C. Official Code § 38-2831 passim), is 2579 amended as follows: 2580 (a) Section 6 (D.C. Official Code § 38-2831) is amended as follows: 2581 (1) Subsection (b) is amended as follows: 2582 (A) Paragraph (1) is amended to read as follows: 2583 118 “(1) All funds budgeted for each school, including a summary statement or table 2584 of the local-funds budget for each school, by revenue source for activities and service levels, and 2585 by revenue source for comptroller source group by activities and service levels;” 2586 (B) Paragraph (2) is amended by striking the phrase “; and” and inserting a 2587 semicolon in its place. 2588 (C) Paragraph (3)(B) is amended by striking the period and inserting a 2589 semicolon in its place. 2590 (D) New paragraphs (4) and (5) are added to read as follows: 2591 “(4) The methodology used to determine each school’s local funding; and 2592 “(5) For each school’s individual budget, a separate budget line item for funding 2593 allocated to at-risk students, as defined in section 102(2A) of the Uniform Per Student Funding 2594 Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 2595 (D.C. Law 12-207; D.C. Official Code § 38-2901(2A)), as coded in the District’s current official 2596 financial system of record.”. 2597 (2) A new subsection (g) is added to read as follows: 2598 “(g) By December 1, 2023, and annually thereafter, the Mayor shall transmit a report of 2599 the previous school year’s actual expenditures, for each school, to the Office of the State 2600 Superintendent of Education. The report shall conform to the common financial reporting 2601 standards established by the Department of Education pursuant to section 202(b)(10) of the 2602 Department of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; 2603 D.C. Official Code § 38-191(b)(10)).”. 2604 (c) A new section 6a is added to read as follows: 2605 “Sec. 6a. District of Columbia Public Schools school-level budget model. 2606 119 As part of the District of Columbia Public Schools’ (“DCPS”) regular multi-year strategic 2607 planning and goal setting, DCPS shall include, and make publicly available, an analysis of the 2608 model used to determine school-level budgets for DCPS schools. The analysis shall include the 2609 following: 2610 (1) A summary of DCPS costs, including personnel costs; 2611 (2) Research in education and education finance; 2612 (3) A discussion of budget alignment with DCPS priorities; and 2613 (4) Recommendations for changes, if applicable.”. 2614 Sec. 4055. Section 106a of the Uniform Per Student Funding Formula for Public Schools 2615 and Public Charter Schools Amendment Act of 1998, effective February 22, 2014 (D.C. Law 20- 2616 87; D.C. Official Code § 38-2905.01), is amended by adding a new subsection (d) to read as 2617 follows: 2618 “(d) Beginning December 31, 2023, and annually thereafter, every local education agency 2619 that is allocated funds pursuant to this section shall provide OSSE with data related to 2620 expenditures of such funds consistent with reporting standards established by the Department of 2621 Education pursuant to section 202(b)(10) of the Department of Education Establishment Act of 2622 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191(b)(10)).”. 2623 Sec. 4056. The District of Columbia School Reform Act of 1995, approved April 26, 2624 1996 (110 Stat. 1321; D.C. Official Code § 38-1802.01 et seq.), is amended as follows: 2625 (a) Section 2204(c) (D.C. Official Code § 38-1802.04(c)), is amended by adding a new 2626 paragraph (23) to read as follows: 2627 “(23) School expenditures and budgets. — (A) Beginning July 29, 2022, and 2628 annually thereafter, the Board of Trustees of each public charter school shall prepare and submit 2629 120 to the Public Charter School Board and OSSE, for each campus under its control, the following 2630 data: 2631 “(i) Actual expenditures for the prior school year; 2632 “(ii) The current school year’s budget; and 2633 “(iii) A draft budget for the following school year. 2634 “(B) The data submitted pursuant to subparagraph (A) of this paragraph 2635 shall conform to the common financial reporting standards established by the Department of 2636 Education pursuant to section 202(b)(10) of the Department of Education Establishment Act of 2637 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191(b)(10)). 2638 “(C) The Public Charter School Board shall electronically publish the data 2639 it receives pursuant to subparagraph (A) of this paragraph in a uniform manner for each school 2640 by November 1 each year.”. 2641 (b) Section 2205 (D.C. Official Code § 38-1802.05) is amended by adding a new 2642 subsection (e) to read as follows: 2643 “(e) Open meetings. — All meetings of a Board of Trustees shall be subject to 2644 the requirements of the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. 2645 Official Code § 2-571 et seq.).”. 2646 Sec. 4057. The Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. 2647 Official Code § 2-571 et seq.), is amended as follows: 2648 (a) Section 404(3) (D.C. Official Code § 2-574(3)) is amended as follows: 2649 (1) The lead-in language is amended by striking the phrase “agency, or” and 2650 inserting the phrase “agency, the board of trustees of a public charter school, or” in its place. 2651 (2) Subparagraph (C) is repealed. 2652 121 (b) Section 405(b) (D.C. Official Code § 2-575(b)) is amended as follows: 2653 (1) Paragraph (10) is amended by striking the semicolon and inserting the phrase 2654 “, or of public charter school personnel, where the public body is the board of trustees of a public 2655 charter school;” in its place. 2656 (2) Paragraph (13) is amended by striking the phrase “; and” and inserting a 2657 semicolon in its place. 2658 (3) Paragraph (14) is amended by striking the period and inserting a semicolon in 2659 its place. 2660 (4) New paragraphs (15) and (16) are added to read as follows: 2661 “(15) To discuss matters involving personally identifiable information of students; 2662 and 2663 “(16) When the public body is the board of trustees for a public charter school: 2664 “(A) To discuss information related to the operation of a public charter 2665 school; provided, that a meeting may not be closed to discuss matters related to the approval of 2666 the public charter school’s annual budget or matters related to whether to open or close a public 2667 charter school or campus or to expand the public charter school’s program; or 2668 “(B) To meet with the staff of an eligible chartering authority.”. 2669 (c) Section 406(3) (D.C. Official Code § 2-576(3)) is amended by striking the phrase 2670 “subsection, notice” and inserting the phrase “subsection, except for meetings of boards of 2671 trustees for public charter schools, notice” in its place. 2672 (d) Section 408(b)(1) (D.C. Official Code § 2-578(b)(1)) is amended by striking the 2673 period and inserting the phrase “, or in the case of a board of trustees for a public charter school, 2674 no later than 30 business days after the meeting.”. 2675 122 SUBTITLE G. HEALTHY SCHOOLS FUND RESTORATION 2676 Sec. 4061. Short title. 2677 This subtitle may be cited as the “Healthy Schools Fund Restoration Emergency 2678 Amendment Act of 2020”. 2679 Sec. 4062. Section 102(f) of the Healthy Schools Act of 2010, effective July 27, 2010 2680 (D.C. Law 18-209; D.C. Official Code § 38-821.02(f)), is amended by striking the 2681 phrase “Beginning on October 1, 2019, an amount of $5,110,000” and inserting 2682 the phrase “Beginning on October 1, 2020, an amount of $5,590,000” in its place. 2683 SUBTITLE H. WILKINSON SCHOOL DISPOSITION PROCESS 2684 Sec. 4071. Short title. 2685 This subtitle may be cited as the “Wilkinson School Disposition Process Emergency 2686 Amendment Act of 2020”. 2687 Sec. 4072. Section 2209(b)(1) of the District of Columbia School Reform Act of 1995, 2688 approved April 26, 1996 (110 Stat. 1321-244; D.C. Official Code § 38-1802.09(b)(1)), is 2689 amended by adding a new subparagraph (B-ii) to read as follows: 2690 “(B-ii) Notwithstanding subparagraph (A) of this paragraph, the Mayor 2691 may give the right of first offer to purchase, lease, or otherwise use the former Wilkinson 2692 Elementary School building to: 2693 “(I) A charter school facility incubator that leased the former 2694 Birney Elementary School Building as of October 1, 2020; 2695 “(II) A public charter school that occupied all, or a portion of, the 2696 former Birney Elementary School building as of October 1, 2020.”. 2697 123 Sec. 4073. Section 1 of An Act Authorizing the sale of certain real estate in the District of 2698 Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. 2699 Official Code § 10-801), is amended as follows: 2700 (a) Subsection (a)(1) is amended by striking the number “20” and inserting the number 2701 “15” in its place. 2702 (b) A new subsection (b-6) is added to read as follows: 2703 “(b-6)(1) Notwithstanding subsections (a-1)(4) and (b-2) of this section, for the 2704 disposition of the former Wilkinson Elementary School in Ward 8 (“Wilkinson real property”), 2705 the Mayor shall hold at least one public hearing on the finding that the Wilkinson real property is 2706 no longer required for public purposes and to obtain community input on the proposed 2707 disposition of the Wilkinson real property before submitting the proposed surplus resolution and 2708 proposed disposition resolution to the Council pursuant to this section. 2709 “(2) The hearing required by paragraph (1) of this subsection shall be held at an 2710 accessible evening or weekend time and in an accessible location in the vicinity of the Wilkinson 2711 real property. The Mayor shall provide at least 30 days written notice of the hearing to the 2712 affected Advisory Neighborhood Commission and publish notice of the hearing in the District of 2713 Columbia Register at least 15 days before the hearing.”. 2714 SUBTITLE I. ACADEMIC MIDDLE MENTORING INITIATIVE 2715 Sec. 4081. Short title. 2716 This subtitle may be cited as the “Academic Middle Mentoring Initiative Emergency Act 2717 of 2020”. 2718 Sec. 4082. In Fiscal Year 2021, the Office of the State Superintendent of Education shall 2719 award, on a competitive basis, a grant of $200,000 to support a mentoring program that mentors 2720 124 low-income high school students and low-income, first generation college students in the 2721 academic middle, who are enrolled in or who graduated from a District public or public charter 2722 school, to provide the students with the skills and experiences needed to successfully complete 2723 college and excel in the workforce. 2724 SUBTITLE J. TRUANCY PREVENTION AND LITERACY PILOT FUNDING 2725 EXTENSION 2726 Sec. 4091. Short title. 2727 This subtitle may be cited as the “Truancy Prevention and Literacy Pilot Funding 2728 Extension Emergency Amendment Act of 2020”. 2729 Sec. 4092. Section 403(g) of the Community Schools Incentive Act of 2012, effective 2730 June 19, 2012 (D.C. Law 19-142; D.C. Official Code § 38-754.03(g)) is amended by adding a 2731 new paragraph (4) to read as follows: 2732 “(4) Any funds awarded pursuant to paragraph (1) of this subsection but not 2733 expended in Fiscal Year 2020 shall be available to the grant recipients until September 30, 2734 2021.”. 2735 SUBTITLE K. DCPS AUTHORITY FOR SCHOOL SECURITY 2736 Sec. 4101. This subtitle may be cited as the “DCPS Authority for School Security 2737 Emergency Amendment Act of 2020”. 2738 Sec. 4102. The School Safety and Security Contracting Procedures Act of 2004, effective 2739 April 13, 2005 (D.C. Law 15-350; D.C. Official Code § 5-132.01 et seq.), is amended as follows: 2740 (a) Section 101 (D.C. Official Code § 5-132.01) is amended as follows: 2741 (1) A new paragraph (1B) is added to read as follows: 2742 125 “(1B) “MOA” means the Memorandum of Agreement into which DCPS and 2743 MPD enter pursuant to section 104.”. 2744 (2) Paragraph (4) is repealed. 2745 (3) Paragraph (5) is amended to read as follows: 2746 “(5) “School security personnel” means individuals, including unarmed security 2747 guards, that DCPS hires or contracts to support safety in DCPS schools.”. 2748 (4) A new paragraph (5A) is added to read as follows: 2749 “(5A) “Security-related contract” means any contract to provide physical or 2750 personal security services, including school security personnel, at DCPS schools.”. 2751 (5) Paragraph (6) is repealed. 2752 (b) Section 102 (D.C. Official Code § 5-132.02) is amended as follows: 2753 (1) Subsection (a) is amended by striking the phrase “security for the District of 2754 Columbia Public Schools” and inserting the phrase “school resource officers to the DCPS 2755 schools and public charter schools” in its place. 2756 (2) Subsection (c) is amended to read as follows: 2757 “(c) The School Safety Division shall: 2758 “(1) Hire and train school resource officers; 2759 “(2) Deploy school resource officers to: 2760 “(A) DCPS schools, consistent with the terms of the MOA; and 2761 “(B) Public charter schools; 2762 “(3) Coordinate with DCPS and public charter schools regarding the use and 2763 sharing of resources and communications between MPD and school-specific safety teams; and 2764 126 “(4) Provide recommendations to the Mayor, Council, and the DCPS Chancellor 2765 regarding the impact of school closings, consolidations, grade reconfigurations, use of swing 2766 space during school reconstruction, and gang and crew violence on the safety and well-being of 2767 children.”. 2768 (c) Section 103 (D.C. Official Code § 5-132.03) is amended as follows: 2769 (1) The section heading is amended by striking the phrase “security personnel” 2770 and inserting the phrase “resource officers” in its place. 2771 (2) The lead-in language is amended by striking the phrase “security personnel 2772 providing security for DCPS” and inserting the phrase “resource officers” in its place. 2773 (3) Paragraph (7) is amended by striking the phrase “laws and regulations, 2774 including Board of Education regulations” and inserting the phrase “laws and regulations” in its 2775 place. 2776 (4) Paragraph (8) is amended by striking the phrase “security personnel” and 2777 inserting the phrase “resource officers” in its place. 2778 (d) New sections 103a and 103b are added to read as follows: 2779 “Sec. 103a. DCPS responsibilities for school security. 2780 “(a) DCPS shall be responsible for school security personnel within DCPS schools, and 2781 shall: 2782 “(1) Oversee the hiring or contracting of school security personnel for DCPS; 2783 “(2) Deploy school security personnel to DCPS schools; 2784 “(3) Provide oversight over school security personnel and be responsible for 2785 administering all disciplinary actions related to school security personnel, including termination; 2786 127 “(4) Execute, approve, administer, monitor, and provide oversight over any 2787 security-related contract for school security personnel; and 2788 “(5) Create and implement school building security and emergency operations 2789 plans, in consultation with MPD and the Homeland Security and Emergency Management 2790 Agency. 2791 “Sec. 103b. Training for school security personnel. 2792 “(a) For the school year beginning in 2020, DCPS may use the training curriculum 2793 adopted by MPD pursuant to section 103 to train its school security personnel. 2794 “(b) By the start of the school year beginning in 2021, DCPS shall adopt a school security 2795 personnel training curriculum based on the positive youth development philosophy. The 2796 curriculum shall focus on training supervisory and on-site personnel to provide security services 2797 responsive and appropriate to the student, staff, and family populations at each school building. 2798 At a minimum, the curriculum shall include training in the following areas, developed with 2799 advice from appropriate other District agencies: 2800 “(1) Child and adolescent development; 2801 “(2) Effective communication skills; 2802 “(3) Behavior management; 2803 “(4) Conflict resolution, including restorative justice practices; 2804 “(5) De-escalation techniques; 2805 “(6) Behavioral health issues for youth and families; 2806 “(7) Child sexual abuse and gender-based violence prevention, identification, and 2807 response; 2808 “(8) Availability of social services for youth; 2809 128 “(9) District of Columbia laws and regulations; 2810 “(10) Constitutional standards for searches and seizures conducted by school 2811 security personnel on school grounds; and 2812 “(11) Violence prevention, including gang and crew dynamics.”. 2813 (e) Section 104 (D.C. Official Code § 5-132.04) is amended to read as follows: 2814 “Sec. 104. Coordination of school security efforts between DCPS and MPD. 2815 “Within 20 days after the effective date of the Fiscal Year 2020 Revised Local Budget 2816 Emergency Amendment Act of 2020, passed on emergency basis on July 23, 2020 (Enrolled 2817 version of Bill 23-763), DCPS and MPD shall enter into an MOA for the purpose of coordinating 2818 the agencies’ respective security obligations at DCPS schools. The MOA shall: 2819 “(1) Reflect DCPS’s role as the administrator of any security-related contract; 2820 “(2) Include provisions for effectuating the transfer of any personnel, property, 2821 funds, or records necessary to transfer responsibility for any existing security-related contract 2822 from MPD to DCPS; 2823 “(3) Delineate lines of authority, supervision, and communication between MPD 2824 and DCPS, including how school resource officers deployed at each school will provide security 2825 in coordination with the school’s principal and school security personnel; provided, that during 2826 emergencies, incident command shall be consistent with the District of Columbia response plan, 2827 as defined by section 2(1A) of the District of Columbia Public Emergency Act of 1980, effective 2828 March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2301(1A)); 2829 “(4) Include a process for resolving disagreements between DCPS and MPD at all 2830 levels; and 2831 129 “(5) Provide for MPD advice and consultation on DCPS school building security 2832 and emergency operations plans.”. 2833 (f) Section 105 (D.C. Official Code § 5-132.05) is amended to read as follows: 2834 “Sec. 105. Authority to issue RFPs for school security-related contracts. 2835 “(a)(1) Beginning on the effective date of the Fiscal Year 2020 Revised Local Budget 2836 Emergency Amendment Act of 2020, passed on emergency basis on July 23, 2020 (Enrolled 2837 version of Bill 23-763), DCPS shall be responsible for administering and funding any security- 2838 related contract effective during the 2020-2021 school year. 2839 “(2) MPD shall transfer to DCPS all personnel, property, funds, or records 2840 necessary for DCPS to administer and fund any security-related contract effective during the 2841 2020-2021 school year. 2842 “(b) Responsibility for the issuance of a Request for Proposals (“RFP”) for any security- 2843 related contract for DCPS for a contract term to begin June 30, 2021, or later shall transfer from 2844 the MPD to DCPS as of the effective date of the Fiscal Year 2020 Revised Local Budget 2845 Emergency Act of 2020, passed on emergency basis on July 21, 2020 (Enrolled version of Bill 2846 23-763). DCPS shall be responsible for awarding, executing, administering, and funding a 2847 contract resulting from an RFP issued under this subsection.”. 2848 TITLE V. HUMAN SUPPORT SERVICES 2849 SUBTITLE A. MEDICAID HOSPITAL SUPPLEMENTAL AND DIRECTED 2850 PAYMENTS 2851 Sec. 5001. Short title. 2852 This subtitle may be cited as the “Medicaid Hospital Supplemental and Directed 2853 Payments Emergency Amendment Act of 2020”. 2854 130 Sec. 5002. The Medicaid Hospital Outpatient Supplemental Payment Act of 2017, 2855 effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 44-664.01 et seq.), is 2856 amended as follows: 2857 (a) Section 5062(5) (D.C. Official Code § 44-664.01(5)) is amended by striking the 2858 phrase “September 30 of the period 3 fiscal years prior to the fiscal year the fee is assessed” and 2859 inserting the phrase “September 30, 2018” in its place. 2860 (b) Section 5063(c)(1) (D.C. Official Code § 44-664.02(c)(1)) is amended by striking the 2861 semicolon and inserting the phrase “, either directly or through payments to managed care 2862 organizations;” in its place. 2863 (c) Section 5064(a)(1) and (2) (D.C. Official Code § 44-664.03(a)(1) and (2)) is amended 2864 to read as follows: 2865 “(1) An amount equal to the non-federal share of the total available spending 2866 room under the outpatient Medicaid upper payment limit for private hospitals applicable to 2867 District Fiscal Year 2020, consistent with requirements and approvals from the United States 2868 Department of Health and Human Services, Centers for Medicare and Medicaid Services; plus 2869 “(2) An amount equal to the non-federal share of the total available spending 2870 room under the outpatient Medicaid upper payment limit for District operated hospitals 2871 applicable to District Fiscal Year 2020, consistent with the federal approval of the authorizing 2872 Medicaid State Plan amendment or associated templates and other authorities; plus”. 2873 (d) Section 5065(a) (D.C. Official Code § 44-664.04(a)) is amended by striking the 2874 phrase “the Centers for Medicare and Medicaid Services approves the Medicaid State Plan 2875 amendment” and inserting the phrase “the District obtains approvals required by the Centers for 2876 Medicare and Medicaid Services for” in its place. 2877 131 (e) Section 5066 (D.C. Official Code § 44-664.05) is amended to read as follows: 2878 “Sec. 5066. Medicaid outpatient hospital access payments; payments to MCOs. 2879 “(a) For visits and services beginning October 1, 2020, the District shall pay managed 2880 care organizations (“MCOs”) at a rate sufficient to support payments to hospitals located in the 2881 District for outpatient services at a rate that is not less than 130% of the District Fiscal Year 2020 2882 fee-for-service base rate and shall direct MCOs to pay such rate to their participating hospitals 2883 located in the District for such services. 2884 “(b) No payment shall be made under this section until such time that the Centers for 2885 Medicare and Medicaid Services approves the Medicaid State Plan amendment, associated 2886 template, and other authorities authorizing the Medicaid payments described in this section. 2887 “(c) The Medicaid payment methodologies authorized under this section shall not be 2888 altered unless such alteration is necessary to gain approval from the Centers for Medicare and 2889 Medicaid Services.”. 2890 Sec. 5003. Section 5013(a) of the Medicaid Hospital Inpatient Rate Supplement Act of 2891 2017, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 44-664.13(a)), is 2892 amended to read as follows: 2893 “(a)(1) Beginning October 1, 2020, and except as provided in subsection (b) of this 2894 section and section 5087, the District, through the Office of Tax and Revenue, may charge each 2895 hospital a fee based on its inpatient net patient revenue. 2896 “(2) The fee shall be charged at a uniform rate necessary to generate no more than 2897 $8,454,038 to support inpatient Medicaid Fee-for-Service and managed care rates at the District 2898 Fiscal Year 2015 level of not less than 98% of cost to non-specialty hospitals. 2899 132 “(3) The fee collected pursuant to this section shall be deposited in the Hospital 2900 Fund, established by section 5083.”. 2901 SUBTITLE B. MEDICAL MARIJUANA PROGRAM ADMINISTRATION 2902 Sec. 5011. Short title. 2903 This subtitle may be cited as the “Medical Marijuana Program Administration 2904 Emergency Amendment Act of 2020”. 2905 Sec. 5012. The Legalization of Marijuana for Medical Treatment Initiative of 1998, 2906 effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is 2907 amended as follows: 2908 (a) Section 2 (D.C. Official Code § 7-1761.01), is amended as follows: 2909 (1) Paragraphs (1), (1A), and (1B) are redesignated as paragraphs (1B), (1C), and 2910 (1D), respectively. 2911 (2) New paragraphs (1) and (1A) are added to read as follows: 2912 “(1) “ABC Board” means the Alcoholic Beverage Control Board.”. 2913 “(1A) “ABRA” means the Alcoholic Beverage Regulation Administration. 2914 (3) Paragraph (3)(B) is amended by striking the phrase “with the Department” and 2915 inserting the phrase “with ABRA” in its place. 2916 (4) Paragraph (5) is amended by striking the phrase “with the Mayor” and 2917 inserting the phrase “with ABRA” in its place. 2918 (5) Paragraph (6) is repealed. 2919 (6) Paragraph (7) is amended by striking the phrase “with the Mayor” and 2920 inserting the phrase “with ABRA” in its place. 2921 (7) Paragraph (19) is amended by striking the phrase “if the Department” and 2922 133 inserting the phrase “if ABRA” in its place. 2923 (8) Paragraph (21) is amended by striking the phrase “by the Department” and 2924 inserting the phrase “by ABRA” in its place. 2925 (b) Section 3 (D.C. Official Code § 7-1671.02) is amended as follows: 2926 (1) Subsection (c)(1)(B) is amended by striking the phrase “with the Mayor” and 2927 inserting the phrase “with ABRA” in its place. 2928 (2) Subsection (d) is amended by striking the phrase “with the Mayor” and 2929 inserting the phrase “with ABRA” in its place. 2930 (c) Section 5(b)(2) (D.C. Official Code § 7-1671.04(b)(2)) is amended by striking the 2931 phrase “by the Mayor” and inserting the phrase “by ABRA” in its place. 2932 (d) Section 6 (D.C. Official Code § 7-1671.05) is amended as follows: 2933 (1) The lead-in language is amended by striking the phrase “The Program shall be 2934 administered by the Mayor and shall” and inserting the phrase “The Program shall” in its place. 2935 (2) Paragraph (1)(A) is amended by striking the phrase “with the Department” and 2936 inserting the phrase “with ABRA” in its place. 2937 (3) Paragraph (4)(A) is amended as follows: 2938 (A) Subparagraph (iv) is amended by striking the phrase “by the 2939 Department” and inserting the phrase “by the ABC Board” in its place. 2940 (B) Subparagraph (v) is amended by striking the phrase “by the Mayor” 2941 and inserting the phrase “by ABRA” in its place. 2942 (4) Paragraph (5A) is amended as follows: 2943 (A) The lead-in language is amended by striking the phrase “by the 2944 Department” and inserting the phrase “by the ABC Board” in its place. 2945 134 (B) Paragraph (D) is amended by striking the phrase “by the Department” 2946 and inserting the phrase “by the ABC Board” in its place. 2947 (5) Paragraph (5B)(D) is amended by striking the phrase “that the Department” 2948 and inserting the phrase “that ABRA” in its place. 2949 (6) Paragraph (7) is amended by striking the phrase “if the Mayor determines” 2950 and inserting the phrase “if the ABC Board determines” in its place. 2951 (7) Paragraph (10)(A) is amended by striking the phrase “apply to the Mayor” and 2952 inserting the phrase “apply to the ABC Board” in its place. 2953 (8) Paragraph (14) is amended by striking the phrase “notify the Department” and 2954 inserting the phrase “notify ABRA” in its place. 2955 (e) Section 7 (D.C. Official Code § 7-1671.06) is amended as follows: 2956 (1) Subsection (d) is amended as follows: 2957 (A) Paragraph (1) is amended by striking the phrase “with the Mayor” and 2958 inserting the phrase “with ABRA” in its place. 2959 (B) Paragraph (3)(A) is amended by striking the phrase “determined by 2960 rulemaking” and inserting the phrase “determined by the Mayor by rules issued in accordance 2961 with section 14” in its place. 2962 (C) Paragraph (4) is amended by striking the phrase “the Mayor” and 2963 inserting the phrase “the ABC Board” in its place. 2964 (D) Paragraph (5) is amended to read as follows: 2965 “(5)(A) An application for registration of a dispensary, cultivation center, or 2966 testing laboratory submitted by a medical cannabis certified business enterprise, or applicant 2967 135 eligible to be a medical cannabis certified business enterprise, shall be awarded a preference 2968 point equal to 50 points or 20% of the available points, whichever is more. 2969 “(B) A medical cannabis certified enterprise shall: 2970 “(i) Have one or more owners who are economically 2971 disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or 2972 cultural bias because of their identity as a member of a group without regard to their individual 2973 qualities and who are District residents and individually or collectively own at least 60% of the 2974 licensed business enterprise; 2975 “(ii) Have one or more owners whose income does not exceed 2976 $349,999, who are residents of the District, and whose net worth, excluding the value of their 2977 residence, does not exceed $1 million, and individually or collectively own at least 60% of the 2978 licensed business enterprise; 2979 “(iii) Have a chief executive officer and its highest-level 2980 managerial employees perform their managerial functions in a principal office located in the 2981 District; 2982 “(iv) Have at least 50% of its employees be residents of the 2983 District; 2984 “(v) Have at least 50% of its contractors be residents of the 2985 District; and 2986 “(vi) Have at least 80% of the assets of the certified business 2987 enterprise, including bank accounts, be in the District. 2988 136 “(C) An applicant seeking to qualify as a medical cannabis certified 2989 business enterprise shall submit with the application for registration of a dispensary, cultivation 2990 center, or testing laboratory, an affidavit attesting to: 2991 “(i) The number of owners of the applicant who are economically 2992 disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or 2993 cultural bias because of their identity as a member of a group without regard to their individual 2994 qualities; 2995 “(ii) The ownership interest of any owners of the applicant who are 2996 economically disadvantaged individuals or individuals who have been subjected to racial or 2997 ethnic prejudice or cultural bias because of their identity as a member of a group without regard 2998 to their individual qualities; 2999 “(iii) The number of employees of the applicant who are 3000 economically disadvantaged individuals or individuals who have been subjected to racial or 3001 ethnic prejudice or cultural bias because of their identity as a member of a group without regard to 3002 their individual qualities; and 3003 “(iv) The number of contractors of the applicant who are 3004 economically disadvantaged individuals or individuals who have been subjected to racial or 3005 ethnic prejudice or cultural bias because of their identity as a member of a group without regard 3006 to their individual qualities.”. 3007 “(D) For the purpose of this paragraph, the term: 3008 “(i) “Economically disadvantaged individual” shall have the same 3009 meaning as set forth in section 2302(7) of the Small and Certified Business Enterprise 3010 137 Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. 3011 Official Code § 2-218.02(7)). 3012 “(ii) “Medical cannabis certified business enterprise” means a 3013 certified business enterprise, as that term is defined in section 2302(1D) of the Small and 3014 Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 3015 2005; (D.C. Law 16-33; D.C. Official Code § 2-218.02(1D)), that operates a medical cannabis 3016 business as a dispensary, cultivation center, or testing laboratory.”. 3017 (2) Subsection (e)(3) is amended by striking the phrase “that the Mayor may 3018 allow” and inserting the phrase “that the ABC Board may allow” in its place. 3019 (3) Subsection (g-2) is amended by striking the phrase “the Mayor” and inserting 3020 the phrase “the ABC Board” in its place. 3021 (4) Subsection (g-3) is amended by striking the phrase “the Mayor” and inserting 3022 the phrase “the ABC Board” in its place. 3023 (5) Subsection (j) is amended by striking the phrase “the Mayor” and inserting the 3024 phrase “the ABC Board” in its place. 3025 (f) Section 8(a) (D.C. Official Code § 7-1671.07) is amended by striking the phrase “to 3026 the Department” and inserting the phrase “to ABRA” in its place. 3027 (g) Section 14 (D.C. Official Code § 7-1671.13) is amended by adding a new subsection 3028 (a-1) to read as follows: 3029 “(a-1) Pursuant to the transfer of functions of the Department of Health to ABRA by D.C. 3030 Official Code § 25-204.02, the Mayor shall issue rules in accordance with subsection (b) of this 3031 section, which rules shall allow registered dispensaries to provide medical marijuana to 3032 qualifying patients through delivery, curbside pickup, and at-the-door options.”. 3033 138 (h) A new section 9a is added to read as follows: 3034 “Sec. 9a. Medical Cannabis Administration Fund. 3035 “(a) There is established as a special fund the Medical Cannabis Administration Fund 3036 (“Fund”), which shall be administered by ABRA in accordance with subsection (c) of this 3037 section. 3038 “(b) All funds received from medical cannabis licensing, permitting, and registration fees 3039 shall be deposited into the Fund. 3040 “(c) Money deposited in the Fund shall be used by ABRA for the purpose of 3041 administering the medical marijuana program. 3042 “(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund 3043 balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any 3044 other time. 3045 “(2) Subject to authorization in an approved budget and financial plan, any funds 3046 appropriated in the Fund shall be continually available without regard to fiscal year limitation. 3047 “(e) Funds received from penalties and fines imposed under section 9 shall be credited to 3048 the unassigned fund balance of the General Fund of the District of Columbia.”. 3049 Sec. 5013. Chapter 2 of Title 25 of the District of Columbia Official Code is amended as 3050 follows: 3051 (a) The table of contents is amended by adding a new section designation to read as 3052 follows: 3053 “25-204.02. Medical marijuana program; transfer of functions of the Department of 3054 Health.”. 3055 (b) A new section 25-204.02 is added to read as follows: 3056 139 “§ 25-204.02. Medical marijuana program; transfer of functions of the Department of 3057 Health. 3058 “(a) The Board and ABRA shall be responsible for carrying out the responsibilities 3059 assigned to them by the Legalization of Marijuana for Medical Treatment Initiative of 1998, 3060 effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.) 3061 (“Medical Marijuana Act”), and for any responsibilities of the Mayor under the Medical 3062 Marijuana Act that the Mayor delegates to the Board or ABRA. 3063 “(b)(1) Except as provided in paragraph (2) of this subsection, all personal property, 3064 assets, records, including both electronic and physical files, licensing agreements, and contracts, 3065 equipment, computer software, obligations, and unexpended balances of appropriations, 3066 allocations, assets, and liabilities, and other funds available or to be made available relating to 3067 the powers, duties, functions, operations, and administration by the Department of Health of the 3068 medical marijuana program pursuant to the Legalization of Marijuana for Medical Treatment 3069 Initiative of 1998, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7- 3070 1671.01 et seq.), as of September 30, 2020, are transferred to ABRA. 3071 “(2) This subsection shall not apply to the personal property, assets, records, 3072 including both electronic and physical files, licensing agreements, and contracts, equipment, 3073 computer software, obligations, and unexpended balances of appropriations, allocations, assets, 3074 and liabilities, and other funds available or to be made available relating to the powers, duties, 3075 functions, operations, and administration by the Department of Health of the medical marijuana 3076 program that are within the purview of the Board of Medicine, Board of Nursing, or Board of 3077 Dentistry. 3078 140 “(c) All rules, orders, obligations, determinations, contracts, agreements, and 3079 understandings of the Department of Health pertaining to the medical marijuana program shall 3080 remain in effect until such time as they may be lawfully amended, modified, or repealed. 3081 “(d) ABRA shall coordinate with the Department of Health regarding the transition of the 3082 administration of the medical marijuana program to ABRA. 3083 “(e)(1) The directors of ABRA and the Department of Health shall jointly determine 3084 which personnel, if any, of the Department of Health associated with the administration of the 3085 medical marijuana program shall be transferred from the Department of Health to ABRA. 3086 “(2) Personnel who are transferred to ABRA pursuant to this subsection shall be 3087 subject to the ABRA Director’s personnel authority, pursuant to section 406(b)(21) of the 3088 District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3089 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-604.06(b)(21)), including as it relates to 3090 employment classifications and pay scales.”. 3091 SUBTITLE C. STEVIE SELLOWS DIRECT SUPPORT PROFESSIONALS 3092 QUALITY IMPROVEMENTS 3093 Sec. 5021. Short title. 3094 This subtitle may be cited as the “Stevie Sellows Direct Support Professionals Quality 3095 Improvements Emergency Amendment Act of 2020”. 3096 Sec. 5022. Section 47-1273 of the District of Columbia Official Code is amended by 3097 striking the figure “5.5%” and inserting the figure “6.0%” in its place. 3098 SUBTITLE D. MEDICAID RESERVE RE-ESTABLISHMENT 3099 Sec. 5031. Short title. 3100 141 This subtitle may be cited as the “Medicaid Reserve Re-Establishment Emergency 3101 Amendment Act of 2020”. 3102 Sec. 5032. The Department of Health Care Finance Establishment Act of 2007, effective 3103 February 27, 2008 (D.C. Law 17-109; D.C. Official Code § 7-771.01 et seq.), is amended as 3104 follows: 3105 (a) Section 8a (D.C. Official Code § 7-771.07a), is amended by adding a new subsection 3106 (a-3) to read as follows: 3107 “(a-3) For Fiscal Year 2021, the Director may issue grants pursuant to section 3108 8b(b)(4)(B)(ii) and (iii).”. 3109 (b) A new section 8b is added to read as follows: 3110 “Sec. 8b. Medicaid reserve. 3111 “(a) Beginning October 1, 2020, a Medicaid reserve shall be re-established as paper 3112 agency of the Department. 3113 “(b) Notwithstanding D.C. Official Code §§ 47-361, 47-362, 47-363, and 47-365, funds 3114 may be transferred from the Medicaid reserve to the Department: 3115 “(1) To pay expenses associated with increased Medicaid enrollment or service 3116 utilization upon a determination by the Agency Fiscal Officer that available funds within the 3117 Department are projected to be exhausted; 3118 “(2) To pay expenses associated increased costs of Medicaid services upon a 3119 determination by the Agency Fiscal Officer that available funds within the Department are 3120 projected to be exhausted; 3121 “(3) To satisfy the District’s requirement that sufficient funds be available to 3122 support a Department contract or a grant; and 3123 142 “(4) Provided that sufficient funds are still available within the Medicaid reserve 3124 to ensure a deficiency will not occur at the Department, to support the following health 3125 innovations within the Department: 3126 “(A) To create a Medicaid Buy-In Program; 3127 “(B) To fund telehealth programs including: 3128 “(i) Maintaining audio-only telehealth programs after a public 3129 health emergency; 3130 “(ii) Funding the Postpartum Coverage Expansion Act of 2020, 3131 passed on 2nd reading on July 21, 2020 (Enrolled version of Bill 23-326); and 3132 “(iii) Issuing contracts or grants for the purposes of expanding 3133 District health care providers’ digital or telehealth capacity, including, for example, such 3134 innovations as the creation or expansion of patient care coordination platforms to enable 3135 nonprofit entities and practitioners to communicate with Medicaid beneficiaries’ clinical and 3136 recovery support care teams in real time to improve continuity of care and ensure proper follow- 3137 up, including the purchase of telecommunications services, information services, devices, 3138 software, remote patient monitoring tools, and digital health tools; and 3139 “(C) To fund reforms to the DC Healthcare Alliance Program, including: 3140 “(i) Allowing eligible District residents to submit Alliance 3141 applications electronically, without a face-to-face interview with the Department of Human 3142 Services, during a public health emergency; 3143 “(ii) Allowing Alliance clients to submit recertification 3144 applications to health care providers approved by the Department, without a face-to-face 3145 interview with the Department of Human Services, after a public health emergency; and 3146 143 “(iii) Extending the Alliance eligibility period from 6 months to 3147 one year. 3148 “(c) The Office of the Chief Financial Officer shall notify the Budget Director of the 3149 Council of the District of Columbia in writing within 3 business days whenever a transfer is 3150 made from the Medicaid reserve pursuant to this section. The notice shall set forth the amount 3151 and purpose of the transfer. 3152 “(d) Funds may be reprogrammed from the Medicaid reserve for purposes other than 3153 those detailed in subsection (b) of this section, subject to subchapter IV of Chapter 3 of Title 47 3154 of the D.C. Official Code; provided, that the Office of the Chief Financial Officer determines 3155 that sufficient funds are still available within the Medicaid reserve to ensure a deficiency will not 3156 occur at the Department.”. 3157 SUBTITLE E. TELEHEALTH REIMBURSEMENT 3158 Sec. 5041. Short title. 3159 This subtitle may be cited as the “Telehealth Reimbursement Emergency Amendment 3160 Act of 2020”. 3161 Sec. 5042. Section 2(4) of the Telehealth Reimbursement Act of 2013, effective October 3162 17, 2013 (D.C. Law 20-26; D.C. Official Code § 31-3861(4)), is amended by striking the phrase 3163 “through audio only telephones, electronic mail messages, or facsimile” and inserting the phrase 3164 “through email messages or facsimile” in its place. 3165 TITLE VI. OPERATIONS AND INFRASTRUCTURE 3166 SUBTITLE A. OPPORTUNITY ACCOUNTS 3167 Sec. 6001. Short title. 3168 144 This subtitle may be cited as the “Opportunity Accounts Expansion Emergency 3169 Amendment Act of 2020”. 3170 Sec. 6002. The Opportunity Accounts Act of 2000, effective April 3, 2001 (D.C. Law 13- 3171 266; D.C. Official Code § 1-307.61 et seq.), is amended as follows: 3172 (a) Section 2 (D.C. Official Code § 1-307.61) is amended by adding a new paragraph 3173 (2A) to read as follows: 3174 “(2A) “Commissioner” means the Commissioner of the Department of Insurance, 3175 Securities, and Banking.”. 3176 (b) Section 8(b) (D.C. Official Code § 1-307.67(b)) is amended as follows: 3177 (1) Paragraph (2) is amended by striking the phrase “per account.” and inserting 3178 the phrase “per account, except as provided in paragraph (3) of this subsection.” in its place. 3179 (2) A new paragraph (3) is added to read as follows: 3180 “(3) The Commissioner may waive the requirement in subsection (a) of this 3181 section and may provide matching funds of up to $4 for every dollar the account holder deposits 3182 into the opportunity account when adequate federal or private matching funds are not available. 3183 For each additional dollar of matching funds that the District provides to an opportunity account 3184 pursuant to such a waiver, the aggregate matching funds limit set forth in paragraph (2) of this 3185 subsection for that account shall be increased by $1.”. 3186 (c) Section 9(a) (D.C. Official Code § 1-307.68(a)) is amended as follows: 3187 (1) Paragraph (6) is repealed. 3188 (2) Paragraph (8) is amended by striking the period at the end and inserting the 3189 phrase “; and” in its place. 3190 (3) A new paragraph (9) is added to read as follows: 3191 145 “(9) To pay for any cost, expense, or item authorized by a rule issued pursuant to 3192 section 14.”. 3193 (d) Section 10 (D.C. Official Code § 1-307.69) is amended as follows: 3194 (1) Subsection (b) is amended as follows: 3195 (i) Paragraph (2) is amended by striking the phrase “; or” and inserting a 3196 semicolon in its place. 3197 (ii) Paragraph (3) is amended by striking the period and inserting the 3198 phrase “; and” in its place. 3199 (iii) A new paragraph (4) is added to read as follows: 3200 “(4) Making health insurance premium payments in the event of a sudden, 3201 unexpected loss of income.”. 3202 (2) Subsection (c) is repealed. 3203 (3) New subsections (c-1), (c-2), and (c-3) are added to read as follows: 3204 “(c-1) If an account holder makes an emergency withdrawal for the purposes of 3205 subsection (b)(2) or (3) of this section, the account holder shall only withdraw funds deposited 3206 by the account holder and shall not withdraw matching funds. 3207 “(c-2) If an account holder makes an emergency withdrawal for the purposes of 3208 subsection (b)(1) of this section, the account holder shall only withdraw funds deposited by the 3209 account holder and shall not withdraw matching funds, unless the withdrawal is for a medical 3210 emergency. 3211 “(c-3) If an account holder makes an emergency withdrawal for the purposes of 3212 subsection (b)(4) of this section, the account holder may withdraw funds deposited by the 3213 account holder and matching funds.”. 3214 146 (4) The lead-in language of subsection (e) is amended to read as follows: 3215 “An account holder shall not be required to repay funds withdrawn from the opportunity 3216 account for an emergency withdrawal but must resume making deposits into the opportunity 3217 account within 90 days after the emergency withdrawal. If the account holder fails to make a 3218 deposit within 90 days after the emergency withdrawal:”. 3219 SUBTITLE B. GREEN BUILDING FUND USE EXPANSION 3220 Sec. 6011. Short title. 3221 This subtitle may be cited as the “Green Building Fund Emergency Amendment Act of 3222 2020”. 3223 Sec. 6012. Section 8(c)(2) of the Green Building Act of 2006, effective March 8, 2007 3224 (D.C. Law 16-234; D.C. Official Code § 6-1451.07(c)(2)), is amended as follows: 3225 (a) Subparagraph (D) is amended by striking the phrase “; and” and inserting a semicolon 3226 in its place. 3227 (b) Subparagraph (E) is amended by striking the period and inserting the phrase “; and” 3228 in its place. 3229 (c) A new subparagraph (F) is added to read as follows: 3230 “(F) Costs incurred to make green building materials accessible to low- 3231 income residents.”. 3232 SUBTITLE C. GAME OF SKILL MACHINES 3233 Sec. 6021. Short title. 3234 This subtitle may be cited as the “Game of Skill Machines Consumer Protection 3235 Emergency Act of 2020”. 3236 147 Sec. 6022. The Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles 3237 for Charitable Purposes in the District of Columbia, effective March 10, 1981 (D.C. Law 3-172; 3238 D.C. Official Code §§ 22-1716 to 22-1718 and 36-601.01 et seq.), is amended as follows: 3239 (a) Section 3 (D.C. Official Code § 22-1716) is amended by striking the phrase “Monte 3240 Carlo night parties,” and inserting the phrase “Monte Carlo night parties, game of skill 3241 machines,” in its place. 3242 (b) Section 3 (D.C. Official Code § 22-1717) is amended by striking the period and 3243 inserting the phrase “, or game of skill machines licensed and regulated by the Office of Lottery 3244 and Gaming.” in its place. 3245 (c) Section 3(a) (D.C. Official Code § 22-1718(a)) is amended by striking the period and 3246 inserting the phrase “, or the manufacture, distribution, servicing, retailing, sale, lease, purchase, 3247 or possession of machines, tickets, slips, certificates, or cards for game of skill machines 3248 excepted and permissible pursuant to this act.” in its place. 3249 (d) Section 4 (D.C. Official Code § 36-601.12) is amended as follows: 3250 (1) The section heading is amended to read as follows: 3251 “Sec. 4. Lottery, Gambling, and Gaming Fund.”. 3252 (2) Subsection (a) is amended to read as follows: 3253 “(a) There is established as an enterprise fund the Lottery, Gambling, and Gaming Fund 3254 (“Fund”), which shall be administered by the Chief Financial Officer. Revenue from the 3255 following sources shall be deposited into the Fund or a division of the Fund as established by the 3256 Chief Financial Officer: 3257 “(1) All funds generated by gambling activities operated or licensed by the Chief 3258 Financial Officer; and 3259 148 “(2) All fees collected pursuant to sections 406 through 409.”. 3260 (3) Subsection (c) is amended by striking the word “gambling” and inserting the 3261 phrase “gambling and gaming” in its place. 3262 (e) A new Title IV is added to read as follows: 3263 “TITLE IV. GAME OF SKILL MACHINES. 3264 “Sec. 401. Definitions 3265 “For purposes of this title, the term: 3266 “(1) “ABC Board” means the Alcoholic Beverage Control Board. 3267 “(2) “ABRA” means the Alcoholic Beverage Regulation Administration. 3268 “(3) “CFO” means the Chief Financial Officer of the District of Columbia. 3269 “(4) “Centralized accounting system” and “CAS” mean the accounting system 3270 linked by a communications network as described in sections 410 and 414. 3271 “(5) “Distributor” means a person licensed under this title to buy, sell, lease, 3272 maintain, or service game of skill machines, or any major components or parts of a game of skill 3273 machine, for distribution to retailers. 3274 “(6) “Game of skill machine” means a mechanical or electronic gaming device 3275 that rewards the winning player or players with cash, a gift card, or a voucher that can be 3276 redeemed for cash. The term “game of skill machine” does not include a mechanical or 3277 electronic gaming device if: 3278 “(A) The ability of a player to succeed at the game is impacted by the 3279 number or ratio of prior wins to prior losses of players playing the game; 3280 “(B) The outcome of the game can be controlled by a source other than a 3281 player playing the game; 3282 149 “(C) The success of a player is or may be determined by a chance event 3283 that cannot be altered by the player’s actions; 3284 “(D) The ability of a player to succeed at the game is impacted by game 3285 features not visible or known to a reasonable player; or 3286 “(E) The ability of a player to succeed at the game is impacted by the 3287 exercise of skill that no reasonable player could exercise. 3288 “(7) “Gross game of skill machine revenue” means the total of cash or cash 3289 equivalents received from a game of skill machine minus the total of: 3290 “(A) Cash or cash equivalents paid to players as a result of a game of skill 3291 machine; 3292 “(B) Cash or cash equivalents paid to purchase annuities to fund prizes 3293 payable to players over a period of time as a result of a game of skill machine; and 3294 “(C) The actual cost paid by the license holder for personal property 3295 distributed to a player as a result of a game of skill machine, excluding travel expenses, food, 3296 refreshments, lodging, and services. 3297 “(8) “Licensed establishment” means an on-premises retail establishment licensed 3298 by the ABC Board to sell, serve, and allow for the consumption of alcoholic beverages. 3299 “(9) “Licensed premises” means the physical location of a licensed establishment 3300 that is authorized by the Office to offer game of skill machines. 3301 “(10) “Licensee” means a person who possesses a game of skill manufacturer, 3302 distributor, supplier, or retailer license issued by the Office. 3303 “(11) “Manufacturer” means a person that is licensed under this title and that 3304 manufactures or assembles game of skill machines for sale or lease to distributors. 3305 150 “(12) “Office” means the Office of Lottery and Gaming. 3306 “(13) “Retailer” means a person that is licensed under this title to offer game of 3307 skill machines on its licensed premises. 3308 “(14) “Supplier” means a person that is licensed under this title to supply major 3309 components or parts of game of skill machines to licensed manufacturers or distributors. 3310 “Sec. 402. Authorization of game of skill machines. 3311 “The operation of game of skill machines shall be lawful in the District if conducted in 3312 accordance with this title and the rules issued pursuant to this title. 3313 “Sec. 403. Game of skill machine license requirements; prohibition. 3314 “(a) Except as provided in subsection (f) of this section, no person may offer or allow a 3315 game of skill machine in the District unless all the licenses required by this title, or by a rule 3316 issued pursuant to this title, have been duly obtained. 3317 “(b)(1) The Office shall issue the following categories of game of skill machine licenses: 3318 “(A) Manufacturer; 3319 “(B) Distributor; 3320 “(C) Supplier; and 3321 “(D) Retailer. 3322 “(2) The Office shall not grant a license listed in paragraph (1) of this subsection 3323 until it has determined that each person that possesses 10% or greater beneficial or proprietary 3324 interest in the applicant has been approved for licensure in accordance with this title and rules 3325 issued pursuant to this title. 3326 “(c)(1) An applicant for an initial manufacturer, distributor, or supplier license shall be 3327 subject to District and national criminal history background checks. 3328 151 “(2) The applicant shall submit an application to the Office, in a form determined 3329 by the Office, for fingerprints for a national criminal records check by the Metropolitan Police 3330 Department and the Federal Bureau of Investigation of all individuals required to be named in 3331 the application and a signed authorization of each individual submitting fingerprints for the 3332 release of information by the Metropolitan Police Department and the Federal Bureau of 3333 Investigation. 3334 “(3) In the case of an application for license renewal, the Office may require 3335 additional background checks. 3336 “(d) The Office shall require proof of good standing pursuant to D.C. Official Code § 29- 3337 102.08 of an applicant for a license pursuant to this title and may, in addition, require 3338 certification that the Citywide Clean Hands Database indicates that the proposed licensee is 3339 current with its District taxes. 3340 “(e) Proprietary information, trade secrets, financial information, and personal 3341 information about a person in an application submitted to the Office pursuant to this title shall 3342 not be a public record and shall not be made available under the Freedom of Information Act of 3343 1976, effective March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531 et seq.), or any 3344 other law. 3345 “(f)(1) A retailer shall display its license as required by section 411(d) and shall make the 3346 license immediately available for inspection upon request by an employee of the Office, the 3347 Metropolitan Police Department, or ABRA. 3348 “(2) When present at a licensed establishment, an employee of a distributor shall 3349 carry a copy of its license and make it readily available for inspection by an employee of the 3350 Office, the Metropolitan Police Department, or ABRA. 3351 152 “(g) A licensed establishment that applied for and obtained a game of skill machine 3352 endorsement from the ABC Board pursuant to D.C. Official Code § 25-113.01(e) prior to the 3353 effective date of the Game of Skill Machines Consumer Protection Act of 2020, passed on 1st 3354 reading on July 7, 2020 (Engrossed version of Bill 23-760), shall have 180 calendar days after 3355 the effective date of the Game of Skill Machines Consumer Protection Act of 2020, passed on 3356 1st reading on July 7, 2020 (Engrossed version of Bill 23-760), to come into compliance with 3357 this title or rules issued pursuant to this title. Failure to do so may result in the Office taking 3358 action against the licensed establishment in accordance with section 417. 3359 “Sec. 404. License prohibitions; suspensions and revocation of licenses. 3360 “(a) An applicant convicted of a disqualifying offense shall not be licensed. The Office 3361 shall define disqualifying offenses by a rule issued pursuant to this title. 3362 “(b) No Office or ABRA employee, or immediate family member of an Office or ABRA 3363 employee, may be an applicant for, have an interest in, or obtain a license issued pursuant to this 3364 title. 3365 “(c) Failure of an applicant or licensee to notify the Office of a change to the information 3366 provided in its application for license or renewal within 10 days after the change may result in 3367 the Office suspending or revoking the licensee’s license, denying the applicant’s license, or 3368 issuing a fine. 3369 “(d)(1) The Office shall not grant a license pursuant to this title, and shall revoke a 3370 license previously granted, if evidence satisfactory to the Office exists that the applicant or 3371 licensee has: 3372 “(A) Knowingly made a false statement of a material fact to the Office; 3373 153 “(B) Had a license revoked by a governmental authority responsible for 3374 regulation of games of skill; 3375 “(C) Been convicted of a felony and has not received a pardon or been 3376 released from parole or probation for at least 5 years; or 3377 “(D) Been convicted of a gambling-related offense or a theft or fraud 3378 offense. 3379 “(2) The Office may deny a license to an applicant or suspend or revoke a license 3380 of a licensee if the applicant or licensee: 3381 “(A) Has not demonstrated, to the satisfaction of the Office, financial 3382 responsibility sufficient to adequately meet the requirement of the proposed activity; 3383 “(B) Is not the true owner of the licensed business or has not disclosed the 3384 existence or identity of another individual or entity that has an ownership interest in the business; 3385 or 3386 “(C) Is a corporation that sells more than 5% of a licensee’s voting stock, 3387 more than 5% of the voting stock of a corporation that controls the licensee, or sells a licensee’s 3388 assets to an individual or entity not already determined by the Office to have met the 3389 qualifications of a licensee pursuant to this title, or is a non-corporate entity where a person not 3390 already determined by the Office to have met the qualifications of a licensee pursuant to this title 3391 holds more than 10% interest in the non-corporate entity. 3392 “Sec. 405. Conflicts of interest. 3393 “(a) Before issuing, authorizing the transfer to a new owner of, or renewing a license, the 3394 Office shall determine that the applicant is not disqualified because of a conflicting interest in 3395 another license. 3396 154 “(b) In making a determination regarding a conflicting interest, the following standards 3397 shall apply: 3398 “(1) No licensee under a supplier’s license shall hold a license in another license 3399 issued under this title. 3400 “(2) No licensee under a distributor’s license shall hold a license in another 3401 license issued under this title; except, that the holder of a distributor’s license may also hold a 3402 manufacturer’s license. 3403 “(3) No licensee under a manufacturer’s license shall hold another license issued 3404 under this title; except, that the holder of a manufacturer’s license may also hold a distributor’s 3405 license. 3406 “Sec. 406. Manufacturer licensure. 3407 “(a) A person may not manufacture a game of skill machine in the District unless the 3408 person has a valid manufacturer’s license issued under this title. A manufacturer may only sell 3409 game of skill machines for use in the District to persons having a valid distributor’s license. 3410 “(b) A person applying for a manufacturer’s license shall do so on a form prescribed by 3411 the Office. The form shall require: 3412 “(1) The name of the applicant; 3413 “(2) The mailing address of the applicant and, if the applicant is a corporation, the 3414 name of the state in which it is incorporated, the location of its principal place of business, and 3415 the names and addresses of its directors; 3416 “(3) A report of the applicant’s financial activities, including evidence of financial 3417 stability, such as bank statements, business and personal income and disbursement schedules, 3418 and tax returns; and 3419 155 “(4) Any other information the Office considers necessary. 3420 “(c) In considering whether to approve an application for a distributor’s license, the 3421 Office may consider evidence the distributor submitted to the Office of an existing license as a 3422 distributor from another jurisdiction that the Office has determined has licensing requirements 3423 similar to those required by the District. 3424 “(d) An applicant for a manufacturer’s license shall pay a nonrefundable application fee 3425 of $10,000 with the application. 3426 “(e) A manufacturer’s license shall be renewed annually; provided, that the licensee has 3427 continued to comply with all statutory and regulatory requirements and pays upon submission of 3428 its renewal application a $5,000 renewal fee. 3429 “Sec. 407. Distributor licensure. 3430 “(a) A person may not buy, sell, distribute, lease, maintain, market, or service a game of 3431 skill machine or a major component or part of a game of skill machine for distribution in the 3432 District unless the person has a valid distributor’s license issued by the Office. 3433 “(b) A licensed distributor may buy, sell, distribute, lease, maintain, market, or service a 3434 game of skill machine or any major component or part of a game of skill machine for distribution 3435 in the District to a licensed establishment that possesses a retailer’s license from the Office and a 3436 game of skill machine endorsement from the ABC Board pursuant to D.C. Official Code § 25- 3437 113.01(e). No distributor may give anything of value, including a loan or financing agreement, 3438 to a licensed establishment as an incentive or inducement to locate a game of skill machine in the 3439 establishment. 3440 “(c) A person applying for a distributor’s license shall do so on a form prescribed by the 3441 Office. The form shall require: 3442 156 “(1) The name of the applicant; 3443 “(2) The mailing address of the applicant and, if the applicant is a corporation, the 3444 name of the state in which it is incorporated, the location of its principal place of business, and 3445 the names and addresses of its directors; 3446 “(3) A report of the applicant’s financial activities, including evidence of financial 3447 stability, such as bank statements, business and personal income and disbursement schedules, 3448 and tax returns; and 3449 “(4) Any other information the Office considers necessary. 3450 “(d) In considering whether to approve an application for a distributor’s license, the 3451 Office may consider evidence the distributor submitted to the Office of an existing license as a 3452 distributor from another jurisdiction that the Office has determined has licensing requirements 3453 similar to those required by the District. 3454 “(e) An applicant for a distributor’s license shall demonstrate that the equipment, system, 3455 or device that the applicant plans to offer to retailers conforms to standards established pursuant 3456 to this title, rules issued pursuant to this title, and other applicable law. 3457 “(f) An applicant for a distributor’s license shall pay a nonrefundable application fee of 3458 $10,000 with the application. 3459 “(g) A distributor’s license shall be renewed annually; provided, that the licensee has 3460 continued to comply with all statutory and regulatory requirements and pays upon submission of 3461 its renewal application a $5,000 renewal fee. 3462 “(h) A distributor shall submit to the Office, at such times as are established by the Office 3463 by rule, a list of all game of skill machines sold, delivered, or offered to a retailer. All such 3464 157 equipment shall be tested and approved by an independent testing laboratory approved by the 3465 Office. 3466 “Sec. 408. Supplier licensure. 3467 “(a) A person shall not sell parts or components for a game of skill machine or provide 3468 services related to a game of skill machine unless the person has a valid supplier’s license. A 3469 supplier may only provide parts and components for a game of skill machine or services related 3470 to a game of skill machine for use in the District to a person having a valid manufacturer’s or 3471 distributor’s license. 3472 “(b) A person applying for a supplier’s license shall do so on a form prescribed by the 3473 Office. The form shall require: 3474 “(1) The name of the applicant; 3475 “(2) The mailing address of the applicant and, if the applicant is a corporation, the 3476 name of the state in which it is incorporated, the location of its principal place of business, and 3477 the names and addresses of its directors; 3478 “(3) A report of the applicant’s financial activities, including evidence of financial 3479 stability, such as bank statements, business and personal income and disbursement schedules, 3480 and tax returns; and 3481 “(4) Any other information the Office considers necessary.”. 3482 “(c) In considering whether to approve an application for a supplier’s license, the Office 3483 may consider evidence the supplier submitted to the Office of an existing license as a supplier 3484 from another jurisdiction that the Office has determined has licensing requirements similar to 3485 those required by the District. 3486 158 “(d) An applicant for a supplier’s license shall demonstrate that the equipment, 3487 components, or parts that the applicant plans to offer to manufacturers or distributors conform to 3488 standards established pursuant to this title, rules issued pursuant to this title, and other applicable 3489 law. 3490 “(e) An applicant for a supplier’s license shall pay a nonrefundable application fee of 3491 $2,000 with the application. 3492 “(f) A supplier’s license shall be renewed annually; provided, that the licensee has 3493 continued to comply with all statutory and regulatory requirements and pays upon submission of 3494 its renewal application a $1,000 renewal fee. 3495 “(g) A supplier shall submit to the Office, at such times as are established by the Office 3496 by rule, a list of all components or parts for game of skill machines sold, delivered, or offered to 3497 a manufacturer or operator. All such equipment shall be tested and approved by an independent 3498 testing laboratory approved by the Office. 3499 “Sec. 409. Retailer licensure; registration of game of skill machines. 3500 “(a)(1) A person may not own, lease, maintain, install, make available, or offer or allow 3501 another to play a game of skill machine in the District unless the person: 3502 “(A) Is a licensed establishment; 3503 “(B) Possesses a retailer’s license from the Office and a game of skill 3504 machine endorsement from ABRA in accordance with D.C. Official Code § 25-113.01(e); and 3505 “(C) Has entered into a written use agreement with a licensed distributor 3506 for the placement or installation of a game of skill machine on the licensed premises. 3507 159 “(2) A person convicted of violating this subsection shall be subject to a fine not 3508 to exceed $5,000 or imprisonment not to exceed 6 months, or revocation of the retailer’s license, 3509 or all of the foregoing. 3510 “(b)(1) Each game of skill machine located on a retailer’s licensed premises shall be 3511 registered with the Office by the retailer before the game of skill machine is installed on the 3512 licensed premises. 3513 “(2) A retailer may register and operate up to 5 game of skill machines on the 3514 licensed premises at any time. The registration fee for each game of skill machine shall be $100. 3515 “(3) The Office shall issue to the retailer a registration sticker for placement on 3516 each registered game of skill machine. 3517 “(c) A person shall apply for a retailer’s license on a form prescribed by the Office. The 3518 form shall require: 3519 “(1) The name of the applicant; 3520 “(2) The mailing address of the applicant and, if the applicant is a corporation, the 3521 name of the state in which it is incorporated, the location of its principal place of business, and 3522 the names and addresses of its directors; 3523 “(3) A report of the applicant’s financial activities, including evidence of financial 3524 stability, such as bank statements, business and personal income and disbursement schedules, 3525 and tax returns; and 3526 “(4) Any other information the Office considers necessary. 3527 “(d) An applicant for a retailer’s license shall pay a nonrefundable application fee of $300 3528 with the application. 3529 160 “(e) A retailer’s license shall be renewed annually; provided, that the licensee continued 3530 to comply with the statutory and regulatory requirements and pays upon submission of its 3531 renewal application a $300 renewal fee. 3532 “(f) The Office shall require a retailer to be bonded, in such amounts and in such manner 3533 as determined by the Office, and to agree, in writing, to indemnify and hold harmless the District 3534 government against any actions, claims, and demands of whatever kind or nature that the District 3535 may incur by reason of or in consequence of issuing the retailer’s license to the retailer. 3536 “Sec. 410. Minimum requirements of game of skill machines. 3537 “(a)(1) Every game of skill machine offered for play shall first be tested and approved 3538 pursuant to this title and rules issued pursuant to this title. 3539 “(2) The Office shall utilize the services of an accredited independent outside 3540 testing laboratory to test and assess each game of skill machine. 3541 “(3) The applicant shall be responsible for paying the fees associated with testing 3542 the game of skill machines. 3543 “(b) Every game of skill machine offered in the District shall meet the minimum 3544 standards approved by the Office, including that a game of skill machine: 3545 “(1) Conform to all requirements of federal law and regulations, including the 3546 Federal Communications Commission’s Class A emissions standards; 3547 “(2) Pay out a mathematically demonstrable percentage during the expected 3548 lifetime of the machine of all amounts played, which shall not be less than 80%; 3549 “(3) Display an accurate representation of the game outcome; 3550 161 “(4) Not automatically alter pay tables or any function of the game of skill 3551 machine based on an internal computation of a hold percentage or have a means of manipulation 3552 that affects the random selection process or probabilities of winning a game; 3553 “(5) Not be negatively affected by static discharge or other electromagnetic 3554 interference; 3555 “(6) Be capable of displaying the following during idle status: “power reset”; 3556 “door open”; or “door closed”; 3557 “(7) Be able to detect and display the game’s complete play history and winnings 3558 for the previous 10 games; 3559 “(8) Not have a theoretical payback percentage capable of being changed without 3560 making a hardware or software change in the machine itself; 3561 “(9) Be designed so that the replacement of parts or modules required for normal 3562 maintenance does not necessitate replacement of the electromechanical meters; 3563 “(10) Contain a non-resettable meter that shall be located in a locked area of the 3564 machine that is accessible only by a key; 3565 “(11) Be capable of storing the meter information required by paragraph (10) of 3566 this subsection for a minimum of 180 days after a power loss to the machine; 3567 “(12) Have accounting software that keeps an electronic record that includes: 3568 “(A) Total cash inserted into the game of skill machine; 3569 “(B) The value of winning tickets awarded to players by the game of skill 3570 machine; 3571 “(C) The total credits played on the game of skill machine; 3572 “(D) The total credits awarded by the game of skill machine; and 3573 162 “(E) The payback percentage credited to players of the game of skill 3574 machine; 3575 “(13) Be linked to a centralized accounting system that will allow the Office to 3576 activate or deactivate the game of skill machine from the centralized system remotely; and 3577 “(14) Be linked to a centralized accounting system in accordance with section 414 3578 by which all approved game of skill machines shall be connected for the purposes set forth in 3579 section 414. 3580 “(c) The CFO may issue rules to establish additional licensing and registration 3581 requirements. 3582 “Sec. 411. Registration; display of registration sticker, license, and warning sign; 3583 locations of game of skill machines. 3584 “(a) A retailer shall register each of its game of skill machines in the District with the 3585 Office before the game of skill machine may be installed at the licensed establishment. 3586 “(b) A retailer shall locate its game of skill machines for play only in specific locations 3587 approved by the ABRA within the retailer’s licensed establishment. 3588 “(c) A retailer shall affix and maintain a registration sticker issued by the Office to the 3589 game of skill machine at all times the game of skill machine is located at the establishment. If 3590 the registration sticker is damaged, destroyed, lost, or removed, the retailer shall pay the Office 3591 $75 for a replacement registration sticker. 3592 “(d) A retailer shall post both its retailer’s license and a warning sign, maintained in good 3593 repair and in a place clearly visible at the point of entry to the designated areas where the game 3594 of skill machines are located. The warning sign shall include: 3595 “(1) The minimum age required to play a game of skill machine; 3596 163 “(2) The contact information for the District’s gambling hotline; and 3597 “(3) The contact information for the Office of Lottery and Gaming for purposes of 3598 filing a complaint against the manufacturer, supplier, distributor, or retailer. 3599 “(e) Failure to display the registration sticker, license, or warning sign may result in the 3600 Office revoking or suspending the license or issuing a fine against the licensed establishment 3601 pursuant to section 416. 3602 “Sec. 412. Cash award. 3603 “(a) A game of skill machine shall not directly dispense cash awards to a player. If, at the 3604 conclusion of the game, a player is entitled to a cash award, the game of skill machine shall 3605 dispense a ticket or voucher to the player. The ticket or voucher shall indicate: 3606 “(1) The total amount of the cash award; 3607 “(2) The time of day that the cash award was issued in a 24-hour format showing 3608 hours and minutes, the date, the terminal serial number, and the sequential number of the ticket 3609 or voucher; and 3610 “(3) An encrypted validation number from which the validity of the cash award 3611 may be determined. 3612 “(b) A retailer shall allow a player to take the ticket or voucher to the owner of the 3613 licensed establishment or the owner’s designee, who shall be located at the licensed 3614 establishment, for payment of the cash award. 3615 “Sec. 413. Game of skill machine use by minors prohibited. 3616 “(a) A licensee shall not permit a person under the age of 18 to use or play a game of skill 3617 machine. 3618 164 “(b) The Office may suspend or revoke a license and issue a fine, in accordance with 3619 section 416, against a licensee that knowingly allows a person under the age of 18 to use or play 3620 a game of skill machine. 3621 “Sec. 414. Centralized accounting system. 3622 “(a)(1) Within 6 months after the effective date of the Game of Skill Machines Consumer 3623 Protection Act of 2020, passed on 1st reading on July 7, 2020 (Engrossed version of Bill 23- 3624 760), the Office shall issue a solicitation to procure a centralized accounting system, which shall 3625 be administered by the Office and designed and operated to allow the monitoring and reading of 3626 all game of skill machines for the purpose of compliance with this title and rules issued pursuant 3627 to this title. 3628 “(2) When the Office is satisfied with the operation of the CAS, it shall: 3629 “(A) Certify the effective status of the system; and 3630 “(B) Notify all retailers of the date by which the retailer’s game of skill 3631 machines must be linked to the CAS. 3632 “(b)(1)(A) A game of skill machine approved prior to the effective date of the Game of 3633 Skill Machines Consumer Protection Act of 2020, passed on 1st reading on July 7, 2020 3634 (Engrossed version of Bill 23-760), shall be connected to the CAS within one year after 3635 notification pursuant to subsection (a)(2) of this section. 3636 “(B) A game of skill machine approved on or after the effective date of the 3637 Game of Skill Machines Consumer Protection Act of 2020, passed on 1st reading on July 7, 2020 3638 (Engrossed version of Bill 23-760), but prior to the deployment of the CAS shall be connected 3639 within 6 months after notification pursuant subsection (a)(2) of this section. 3640 165 “(C) A game of skill machine approved after the effective date of the 3641 Game of Skill Machines Consumer Protection Act of 2020, passed on 1st reading on July 7, 2020 3642 (Engrossed version of Bill 23-760), and after deployment of the CAS shall be connected to the 3643 CAS prior to operation of the game of skill machine. 3644 “(2) After a game of skill machine has been connected to the CAS, it shall remain 3645 connected as required by the Office. 3646 “(c) All game of skill machines registered in the District shall be linked to the CAS for 3647 purposes of accounting, reporting, monitoring, and reading machine activities as provided for in 3648 this title or rules issued pursuant to this title. 3649 “(d) The CAS shall not provide for the monitoring or reading of personal or financial 3650 information concerning patrons of game of skill machines. 3651 “(e) Employees and agents of a contractor or subcontractor of the Office that is engaged 3652 in building, operating, maintaining, or contracting to build, operate, or maintain the CAS, and the 3653 immediate family members of such employees and agents, shall be prohibited from obtaining a 3654 license under this title. 3655 “(f) Unless a retailer’s license is cancelled, suspended, or revoked, nothing in this section 3656 shall authorize the Office to limit or eliminate a registered game of skill from the CAS. 3657 “Sec. 415. Insurance. 3658 “Each distributor shall maintain liability insurance on all game of skill machines that it 3659 places in a licensed establishment in an amount set by the Office by rule issued pursuant to this 3660 title. 3661 “Sec. 416. Penalties. 3662 166 “(a) In the event of a violation of this title or a rule issued pursuant to this title, the Office 3663 may: 3664 “(1) Impose a fine of not more than $50,000; 3665 “(2) Revoke a licensee’s license; or 3666 “(3) Suspend the licensee’s license for up to one year. 3667 “(b) A person that has been fined or whose application has been denied, revoked, or 3668 suspended pursuant to this section shall have a right to a hearing before the Office and, in the 3669 event of the Office’s affirmation of the fine, denial, revocation, or suspension, the right to appeal 3670 the decision of the Office to the Superior Court of the District of Columbia. 3671 “(c) The Office shall notify ABRA within 48 hours after the Office suspends or revokes a 3672 retailers license. 3673 “Sec. 417. Authority of the Office. 3674 “(a) The Office may enforce the provisions of this title with respect to licensees and any 3675 individual or entity not holding a license and offering a game of skill machine in violation of the 3676 provisions of this title or rules issued pursuant to this title. 3677 “(b) Subject to subsection (c) of this section, the Office and the Metropolitan Police 3678 Department may issue citations for civil violations of this title as set forth in rules issued 3679 pursuant to this title. 3680 “(c) A citation for a violation for which the penalty includes the suspension or revocation 3681 of a license shall be issued by the Office as a result of an investigation carried out by the Office. 3682 “(d) The Office may request and check the identification of a person who has played, is 3683 playing, or is attempting to play a game of skill machine. The Office may seize evidence that 3684 substantiates a violation under this title, which may include seizing the tickets, vouchers, or cash 3685 167 awards issued to a person under the age of 18 and fake identification documents used by a person 3686 under the age of 18. 3687 “(e) The Office may seize a game of skill machine license from an establishment if: 3688 “(1) The game of skill machine license has been suspended, revoked, or cancelled 3689 by the Office; 3690 “(2) The business is no longer in existence; or 3691 “(3) The business has been closed by another District government agency. 3692 “Sec. 418. Investigations and inspections. 3693 “(a) The Office may conduct investigations, searches, seizures, and perform other duties 3694 authorized by this title and rules issued pursuant to this title. 3695 “(b) An applicant for a license and each licensee shall allow an authorized member of the 3696 Office, an ABRA investigator, or any member of the Metropolitan Police Department full 3697 opportunity to examine at any time during business hours: 3698 “(1) The location on the premises where game of skill machines are available to 3699 play; and 3700 “(2) The books and records of the licensee or applicant. 3701 “Sec. 419. Unlawful acts; action by the Attorney General. 3702 “(a)(1) No manufacturer, distributor, supplier, licensed establishment, or employee or 3703 agent of a manufacturer, distributor, supplier, or licensed establishment shall intentionally make 3704 a false or misleading representation concerning an individual’s chances, likelihood, or 3705 probability of winning at playing a game of skill machine. 3706 168 “(2) An individual or entity claiming to be aggrieved by a fraudulent act or a false 3707 or misleading statement by a licensee shall have a cause of action in a court of competent 3708 jurisdiction for damages and any legal or equitable relief as may be appropriate. 3709 “(b) The Attorney General for the District of Columbia, in the name of the District of 3710 Columbia, may bring an action in the Superior Court of the District of Columbia to enjoin an 3711 individual or entity or to seek a civil penalty of up to $50,000 for a violation of this title or rule 3712 issued pursuant to this title. 3713 “Sec. 420. Taxation of game of skill machines. 3714 “(a)(1) On or before the 20th day of each month, each retailer shall: 3715 “(A) File a return, on forms and in the manner prescribed by the CFO, 3716 with the CFO indicating the amount of gross game of skill machine revenue for the retailer’s 3717 game of skill machines for the preceding calendar month; and 3718 “(B) Pay to the District of Columbia Treasurer 10% of the gross game of 3719 skill machine revenue for the preceding month. 3720 “(b) All funds owed to the District under this section shall be held in trust within the 3721 boundaries of the District for the District by the retailer until the funds are paid to the District of 3722 Columbia Treasurer. 3723 “(c) A retailer that falsely reports or fails to report the amount due as required by this 3724 section may be fined or imprisoned in accordance with Title 22 of the District of Columbia 3725 Official Code and shall have its retailer’s license revoked. 3726 “(d) A retailer shall keep a record of the gross game of skill machine revenue, awards, 3727 and net income of each game of skill machine in such form as the Office may require. 3728 169 “(e) A payment required by this section that is not remitted when due shall be assessed a 3729 late payment penalty in amount set forth in D.C. Official Code § 47-4213. 3730 “(f) In the case of an underpayment of the tax required by this section, there shall be 3731 added to the tax, an amount of interest determined by applying the underpayment rate set forth in 3732 D.C. Official Code § 47-4201 to the amount of the underpayment for the period of the 3733 underpayment. 3734 “Sec. 421. Deposit of license fees. 3735 “All fees collected under sections 406 through 409 shall be deposited in the Lottery, 3736 Gambling, and Gaming Fund, established by section 4 (D.C. Official Code § 36-601.12).”. 3737 “Sec. 422. Rules and regulations governing game of skill machines. 3738 “(a) The CFO, pursuant to section 424(d) of the District of Columbia Home Rule Act, 3739 approved April 17, 1995 (109 Stat. 142; D.C. Official Code § 1-204.24d), shall issue rules to 3740 implement the provisions of this title. 3741 “(b) The rules issued by the CFO pursuant to subsection (a) of this section shall include: 3742 “(1) Standards for conducting inspections of game of skill machines for 3743 compliance with industry standards; 3744 “(2) Standards for inspecting licensed establishments for compliance with this 3745 title; 3746 “(3) Minimum and maximum payment amounts for playing game of skill 3747 machines; 3748 “(4) The maximum amount of allowable winnings per game; 3749 “(5) Requirements relating to how fees and taxes are to be remitted; 3750 170 “(6) The method of accounting to be used by a licensed establishment where a 3751 game of skill machine is authorized; 3752 “(7) Methods of age verification; 3753 “(8) Types of records that shall be required to be maintained by a licensee; 3754 “(9) Posting requirements; 3755 “(10) Advertising guidelines, including specific language concerning individuals 3756 under the age of 18; 3757 “(11) Penalties for a violation of this title or rule issued pursuant to this title; and 3758 “(12) Internal control standards for game of skill machines.”. 3759 Sec. 6023. Title 25 of the District of Columbia Official Code is amended as follows: 3760 (a) Section 25-101 is amended as follows: 3761 (1) A new paragraph (22B) is added to read as follows: 3762 “(22B) “Game of skill machine” has the meaning set forth in section 401(5) of the 3763 Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable 3764 Purposes in the District of Columbia, passed on 1st reading on July 7, 2020 (Engrossed version 3765 of Bill 23-760).”. 3766 (2) A new paragraph (53A) is added to read as follows: 3767 “(53A) “Voucher” means a ticket issued by a game of skill machine that is 3768 redeemable for cash winnings.”. 3769 (b) Section 25-113a is amended as follows: 3770 (1) The section is redesignated as § 25-113.01. 3771 (2) The section heading is amended to read as follows: 3772 “§ 25-113.01. License endorsements.”. 3773 171 (3) A new subsection (e) is added to read as follows: 3774 “(e)(1) A licensee under a manufacturer’s license class A or B holding an on-site sales 3775 and consumption permit, or an on-premises retailer’s license, class C/R, D/R, C/H, D/H, C/T, 3776 D/T, C/N, D/N, C/X, or DX, shall obtain a game of skill machine endorsement from the Board in 3777 order to offer a game of skill machine on the licensed premises. 3778 “(2)(A) A game of skill machine shall not be placed on outdoor public or private 3779 space; provided, that the Board, in its discretion, may allow for the placement of a game of skill 3780 on outdoor public or private space if, in the Board’s determination, activity associated with the 3781 game of skill machine is: 3782 “(i) Not visible from a public street or sidewalk; 3783 “(ii) Adequately secured against unauthorized entrance; and 3784 “(iii) Accessible only by patrons from within the establishment. 3785 “(B) Subparagraph (A) of this paragraph shall not apply to a licensee 3786 operating a passenger-carrying marine vessel in accordance with § 25-113(h).”. 3787 (c) Section 25-401 is amended by adding a new subsection (e) to read as follows: 3788 “(e) An applicant for a game of skill machine endorsement shall submit to the Board with 3789 its application: 3790 “(1) A diagram of where the game of skill machines will be placed on the licensed 3791 premises; and 3792 “(2) The name of the manufacturer and distributor of the game of skill machines 3793 and documentation reflecting that the manufacturer and distributor are licensed to do business 3794 and pays taxes in the District of Columbia.”. 3795 (d) Section 25-508 is amended to read as follows: 3796 172 “25-508. Minimum fee for permits, and manager’s license, and endorsement. 3797 “The minimum fees for permits, manager’s license, and endorsement shall be as follows: 3798 “Tasting permit for class A licensees $100/year 3799 “Importation permit $5 3800 “Manager’s license $100/year 3801 “On-site sales and consumption permit $1,000/year 3802 “Game of skill machine endorsement $200”. 3803 (e) Chapter 7 is amended as follows: 3804 (1) The table of contents is amended by adding a new section designation to read 3805 as follows: 3806 “25-786. Game of skill machine operating requirements.”. 3807 (2) Section 25-763 is amended by adding a new subsection (g) to read as follows: 3808 “(g) Exterior signs advertising game of skill machines shall be prohibited on the licensed 3809 establishment.”. 3810 (3) Section 25-765 is amended by adding a new subsection (c) to read as follows: 3811 “(c) Advertisements related to game of skill machines shall not be placed on the interior 3812 or exterior of a window or on the exterior of a door that is used to enter or exit the licensed 3813 establishment.”. 3814 (4) A new section 25-786 is added to read as follows: 3815 “§ 25-786. Game of skill machine operating requirements. 3816 “A licensee with a game of skill machine endorsement shall: 3817 “(1) Not allow or permit a person under 18 years of age to play a game of skill 3818 machine and shall designate an employee to regularly monitor the designated area where game of 3819 173 skill machines are played to ensure that no person under 18 years of age is playing or attempting 3820 to play a game of skill machine; 3821 “(2) Verify that each person playing a game of skill machine is lawfully permitted 3822 to do so by checking the person’s government-issued identification document upon entry into 3823 either the licensed establishment or the designated area where the game of skill machines are 3824 located and where the person seeks to cash out his or her winnings, if any; except, that the failure 3825 of a licensee to verify a person’s identification shall not be a violation of this paragraph if the 3826 person whose identification was not checked is 18 years of age or older; 3827 “(3) Not allow or permit a person that appears intoxicated or under the influence 3828 of a narcotic or other substance to play a game of skill machine; 3829 “(4) Not share revenue from the licensee’s sale of alcohol with a manufacturer or 3830 distributor of a game of skill machine, unless approved by the Board as an owner of the license; 3831 “(5) Not allow or permit the placement of a game of skill machine on an outdoor 3832 public or private space that has not been approved by the Board; 3833 “(6) Not allow or permit the placement of a game of skill machine outside of the 3834 designated areas contained on the applicant’s diagram provided as part of the license application 3835 or outside the areas approved by the Board; 3836 “(7) Not have more than 5 game of skill machines on the licensed premises; and 3837 “(8) Install security cameras that are operational and record for 30 days, in the 3838 areas designated for game of skill machines, near the cash register or terminal where cash 3839 winnings of game of skill machines are processed, and where the licensee’s money is stored.”. 3840 (f) Section 25-801 is amended by adding a new subsection (h) to read as follows: 3841 174 “(h) An ABRA investigator may request and check the identification of a person who has 3842 played, is playing, or is attempting to play a game of skill machine. An ABRA investigator may 3843 seize fake identification used by a person under 18 years of age and may seize such records 3844 related to a game of skill machine as the investigator deems appropriate to investigate the 3845 playing of a game of skill machine by a person under 18 years of age.”. 3846 Sec. 6024. Section 865 of An Act To establish a code of law for the District of Columbia, 3847 approved March 3, 1901 (31 Stat. 1331; D.C. Official Code § 22-1704), is amended as follows: 3848 (a) The existing text is designated as subsection (a). 3849 (b) A new subsection (b) is added to read as follows: 3850 “(b) It shall be unlawful to install or operate a game of skill machine in the District 3851 except as permitted by D.C. Official Code § 25-113.01(e). Whoever shall install or operate a 3852 game of skill machine at a location not licensed under Title 25 of the District of Columbia 3853 Official Code shall be punished by imprisonment for a term of 180 days or fined not more than 3854 the amount set forth in § 22-3571.01, or both.”. 3855 SUBTITLE D. PAY-BY-PHONE TRANSACTION FEES FUND 3856 Sec. 6031. Short title. 3857 This subtitle may be cited as the “Pay-By-Phone Transaction Fee Fund Emergency 3858 Amendment Act of 2020”. 3859 Sec. 6032. Section 9f of the Department of Transportation Establishment Act, effective 3860 September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 50-921.14), is amended to read as 3861 follows: 3862 “Sec. 9f. Parking Meter and Transit Services Pay-by-Phone Transaction Fee Fund. 3863 175 “(a) There is established the Parking Meter and Transit Services Pay-by-Phone 3864 Transaction Fee Fund (“Fund”), which shall be administered by the director of the District 3865 Department of Transportation in accordance with subsection (c) of this section. 3866 “(b) The following revenue shall be deposited in the Fund: 3867 “(1) Notwithstanding section 3(h) of the District of Columbia Motor Vehicle 3868 Parking Facility Act of 1942, approved February 16, 1942 (56 Stat. 91; D.C. Official Code § 50– 3869 2603(8)), all transaction fees imposed upon users who pay for parking, transit fares, Capital 3870 Bikeshare trips, and other forms of shared mobility and transportation services with the pay-by- 3871 phone system; and 3872 “(2) All money remaining in the District Department of Transportation Parking 3873 Meter Pay-by-Phone Transaction Fee Fund at the end of Fiscal Year 2020. 3874 “(c) Money in the Fund shall be used to pay vendors responsible for administering pay- 3875 by-phone payment systems for parking, transit fares, Capital Bikeshare trips, and other forms of 3876 shared mobility and transportation services. 3877 “(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not 3878 revert to the unassigned fund balance of the General Fund of the District of Columbia at the end 3879 of a fiscal year, or at any other time. 3880 “(2) Subject to authorization in an approved budget and financial plan, any funds 3881 appropriated in the Fund shall be continually available without regard to fiscal year limitation.”. 3882 Sec. 6033. Section 3(h)(1) of the District of Columbia Motor Vehicle Parking Facility 3883 Act of 1942, approved February 16, 1942 (56 Stat. 91; D.C. Official Code § 50-2603(8)(A)), 3884 is amended by striking the phrase “to be transferred to the District Department of Transportation 3885 Parking Meter Pay-by-phone Transaction Fee Fund and the DC Circulator Fund, in accordance 3886 176 with section 9f of the Department of Transportation Establishment Act of 2002, effective 3887 September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 50-921.14)” and inserting the 3888 phrase “to be transferred to the Parking Meter and Transit Services Pay-by-Phone Transaction 3889 Fee Fund, in accordance with section 9f of the Department of Transportation Establishment Act 3890 of 2002, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 50-921.14), and 3891 the DC Circulator Fund, in accordance with section 11c of the Department of Transportation 3892 Establishment Act of 2002, effective March 6, 2007 (D.C. Law 16-225; D.C. Official Code § 50- 3893 921.33)” in its place. 3894 SUBTITLE E. ENVIRONMENTAL SPECIAL PURPOSE REVENUE 3895 ACCOUNTS 3896 Sec. 6041. Short title. 3897 This subtitle may be cited as the “Environmental Special Purpose Funds Reestablishment 3898 Emergency Amendment Act of 2020”. 3899 Sec. 6042. The Lead-Hazard Prevention and Elimination Act of 2008, effective 3900 March 31, 2009 (D.C. Law 17-381; D.C. Official Code § 8-231.01 et seq.), is amended by 3901 adding a new section 10a to read as follows: 3902 “Sec. 10a. Lead Poisoning Prevention Fund. 3903 “(a) There is established as a special fund the Lead Poisoning Prevention Fund (“Fund”), 3904 which shall be administered by the Department of Energy and Environment in accordance with 3905 subsection (c) of this section. 3906 “(b) All fees, fines, and penalties received from compliance with and enforcement of this 3907 act, and all interest earned on those monies, shall be deposited into the Fund. 3908 177 “(c) Money in the Fund shall be used to pay for the costs of implementing this act and 3909 may be used to provide low-income residents of the District with assistance to comply with the 3910 requirements of section 4, in accordance with rules issued by the Mayor. 3911 “(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not 3912 revert to the unassigned fund balance of the General Fund of the District of Columbia at the end 3913 of a fiscal year, or at any other time. 3914 “(2) Subject to authorization in an approved budget and financial plan, any funds 3915 appropriated in the Fund shall be continually available without regard to fiscal year limitation.”. 3916 Sec. 6043. The District of Columbia Underground Storage Tank Management Act of 3917 1990, effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code § 8-113.01 et seq.), is 3918 amended by adding a new section 6a to read as follows: 3919 “Sec. 6a. Underground Storage Tank Regulation Fund. 3920 “(a) There is established as a special fund the Underground Storage 3921 Tank Regulation Fund (“Fund”), which shall be administered by the Department of Energy and 3922 Environment in accordance with subsection (c) of this section. 3923 “(b) All fees, fines, and penalties received from compliance with and enforcement of this 3924 act, and contributions and monies received as reimbursement, and all interest earned on those 3925 monies, shall be deposited into the Fund. 3926 “(c) Money in the Fund shall be used to pay for the costs of implementing this act and 3927 may be used for assessment, clean up, and housing and relocation assistance. 3928 “(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not 3929 revert to the unassigned fund balance of the General Fund of the District of Columbia at the end 3930 of a fiscal year, or at any other time. 3931 178 “(2) Subject to authorization in an approved budget and financial plan, any funds 3932 appropriated in the Fund shall be continually available without regard to fiscal year limitation.”. 3933 Sec. 6044. The District of Columbia Hazardous Waste Management Act of 1977, 3934 effective March 16, 1978 (D.C. Law 2-64; D.C. Official Code § 8-1301 et seq.), is amended by 3935 adding a new section 21a to read as follows: 3936 “Sec. 21a. Hazardous Waste and Toxic Chemical Source Reduction Fund. 3937 “(a) There is established as a special fund the Hazardous Waste and Toxic Chemical 3938 Source Reduction Fund (“Fund”), which shall be administered by the Department of Energy and 3939 Environment in accordance with subsection (c) of this section. 3940 “(b) All fees, fines, and penalties received from compliance with and enforcement of this 3941 act, and all interest earned on those monies, shall be deposited into the Fund. 3942 “(c) Money in the Fund shall be used to pay for the costs of implementing this act. 3943 “(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not 3944 revert to the unassigned fund balance of the General Fund of the District of Columbia at the end 3945 of a fiscal year, or at any other time. 3946 “(2) Subject to authorization in an approved budget and financial plan, any funds 3947 appropriated in the Fund shall be continually available without regard to fiscal year limitation.”. 3948 SUBTITLE F. ALCOHOLIC BEVERAGE SALES AND DELIVERY 3949 Sec. 6051. Short title. 3950 This subtitle may be cited as the “Alcoholic Beverage Sales and Delivery Emergency 3951 Amendment Act of 2020”. 3952 Sec. 6052. Title 25 of the District of Columbia Official Code is amended as follows: 3953 (a) Chapter 1 is amended as follows: 3954 179 (1) Section 25-112 is amended by adding a new subsection (h) to read as follows: 3955 “(h)(1) A retailer with commercial street frontage at the Walter E. Washington 3956 Convention Center that sells food and is approved by the Washington Convention and Sports 3957 Authority to sell alcoholic beverages for on-premises consumption (“Convention Center food 3958 and alcohol business”) that registers as a Convention Center food and alcohol business with the 3959 Board and receives written authorization from ABRA may sell beer, wine, or spirits in closed 3960 containers to individuals for carry out and may deliver beer, wine, or spirits in closed containers 3961 to consumers in the District, pursuant to §§ 25-113(a)(3)(C) and 25-113.01(g); provided, that 3962 such carry out and delivery orders are accompanied by one or more prepared food items. 3963 “(2) Board approval shall not be required for a registration under this subsection 3964 that occurs before April 1, 2021. 3965 “(3) After March 31, 2021, a Convention Center food and alcohol business that 3966 does not hold a valid registration under this subparagraph shall be required to obtain a carry out 3967 and delivery license as set forth in § 25-113.01(g) to sell beer, wine, or spirits in closed 3968 containers to customers to carry out and to sell and deliver to the homes of District residents 3969 beer, wine, or spirits in closed containers for delivery . 3970 “(4) A Convention Center food and alcohol business that has been authorized to 3971 offer alcoholic beverages for carry out and delivery in accordance with paragraph (1) of this 3972 subsection may only offer alcoholic beverages for carry out and delivery between the hours of 3973 6:00 a.m. and 1:00 a.m., 7 days a week.”. 3974 (2) Section 25-113(a)(3)(C) is amended to read as follows: 3975 “(C) An on-premises retailer’s licensee, class C/R, D/R, C/T, D/T, C/H, 3976 D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, that registers with 3977 180 the Board and receives written authorization from ABRA may sell beer, wine, or spirits in closed 3978 containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to 3979 consumers in the District between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week; provided, 3980 that each such carry out or delivery order is accompanied by one or more prepared food items. 3981 Board approval shall not be required for a registration under this subparagraph that occurs prior 3982 to April 1, 2021. After March 31, 2021, an on-premises retailer that does not hold a valid 3983 registration under this subparagraph shall be required to obtain a carry out and delivery 3984 endorsement as set forth in § 25-113.01(f) in order to sell for carry out and deliver alcoholic 3985 beverages.”. 3986 (3) Newly designated section 25-113.01 is amended by adding new subsections 3987 (f) and (g) to read as follows: 3988 “(f)(1) Effective April 1, 2021, a licensee under an on-premises retailer’s license, class 3989 C/R, D/R, C/T, D/T, C/H, D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or 3990 private club, shall obtain a carry out and delivery endorsement from the Board to be eligible to 3991 sell beer, wine, or spirits in closed containers to individuals for carry out, or deliver beer, wine, 3992 or spirits in closed containers to consumers in the District. 3993 “(2) Carry out sales and delivery shall be authorized under paragraph (1) of this 3994 subsection only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week. 3995 “(3) Each carry out or delivery order of an alcoholic beverage pursuant to 3996 paragraph (1) of this subsection shall be accompanied by one or more prepared food items. 3997 “(4) The annual fee for a carry out and delivery endorsement shall be established 3998 by the Board in an amount not less than $200. 3999 181 “(5) An on-premises retailer’s licensee that has registered with the Board under § 4000 25-113(a)(3)(C) before April 1, 2021 (a “registered licensee”), shall not be required to apply with 4001 the Board for an endorsement under this subsection, and the registered licensee shall be granted 4002 the carry out and delivery endorsement upon request to the Board, if the registered licensee 4003 makes the request and pays the annual fee required by paragraph (4) of this subsection by March 4004 31, 2021. 4005 “(g)(1) Effective April 1, 2021, a Convention Center food and alcohol business that has 4006 registered with the Board under § 25-112(h), shall obtain a carry out and delivery license from 4007 the Board to be eligible to sell beer, wine, or spirits in closed containers to individuals for carry 4008 out, or deliver beer, wine, or spirits in closed containers to consumers in the District. 4009 “(2) Carry out sales and delivery shall be authorized under paragraph (1) of this 4010 subsection only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week. 4011 “(3) Each carry out or delivery order of an alcoholic beverage pursuant to 4012 paragraph (1) of this subsection shall be accompanied by one or more prepared food items. 4013 “(4) The annual fee for a carry out and delivery license shall be established by the 4014 Board in an amount not less than $200. 4015 “(5) A Convention Center food and alcohol business that has registered with the 4016 Board under § 25-112(h) before April 1, 2021 (“registered Convention Center food and alcohol 4017 business”), shall not be required to apply with the Board for a license under this subsection, and 4018 the registered Convention Center food and alcohol business shall be granted a carry out and 4019 delivery license upon request to the Board, if the registered Convention Center food and alcohol 4020 business makes the request and pays the annual fee required by paragraph (4) of this subsection 4021 by March 31, 2021. 4022 182 “(6) Beginning June 30, 2022, and each year thereafter, ABRA shall submit an 4023 annual report to the Council on the outcomes of this section, including the number of on-premise 4024 licensees participating in the carry-out and delivery option, and the number of on- and off- 4025 premise retailer licensees that may have closed after the carry-out and delivery option was 4026 implemented”. 4027 (b) Chapter 7 is amended as follows: 4028 (1) Section 25-721 is amended as follows: 4029 (A) Subsection (a-1) is amended by striking the phrase “7:00 a.m. and 4030 12:00 a.m.” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. 4031 (B) Subsection (c) is amended as follows: 4032 (i) Paragraph (1) is amended by striking the phrase “2:00 a.m. and 4033 8:00 a.m.” and inserting the phrase “2:00 a.m. and 6:00 a.m.” in its place. 4034 (ii) Paragraph (2) is amended by striking the phrase “3:00 a.m. and 4035 8:00 a.m.” and inserting the phrase “3:00 a.m. 6:00 a.m.” in its place. 4036 (C) Subsection (d) is amended by striking the phrase “7:00 a.m. and 4037 midnight” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. 4038 (2) Section 25-722 is amended as follows: 4039 (A) Subsection (a) is amended by striking the phrase “7:00 a.m. and 4040 midnight” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. 4041 (B) Subsection (b) is amended by striking the phrase “7:00 a.m. and 4042 midnight” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. 4043 (3) Section 25-723 is amended as follows: 4044 (A) Subsection (b) is amended as follows: 4045 183 (i) Paragraph (1) is amended by striking the phrase “2:00 a.m. and 4046 8:00 a.m.” and inserting the phrase “2:00 a.m. and 6:00 a.m.” in its place. 4047 (ii) Paragraph (2) is amended by striking the phrase “3:00 a.m. and 4048 8:00 a.m.” and inserting the phrase “3:00 a.m. and 6:00 a.m.” in its place. 4049 (B) Subsection (c)(1) is amended as follows: 4050 (i) Subparagraph (C) is amended by striking the word “and”. 4051 (ii) Subparagraph (D) is amended by striking the period and 4052 inserting the phrase “; and” in its place. 4053 (iii) A new subparagraph (E) is added to read as follows: 4054 “(E) The Saturday and Sunday adjacent to Veterans Day, Christmas Day, 4055 and District of Columbia Emancipation Day as set forth in § 1-612.02(a); except, that if the 4056 holiday under this subparagraph occurs on a Tuesday, the extended hours shall occur on the 4057 preceding Saturday and Sunday and if a holiday under this subparagraph occurs on a Wednesday 4058 or Thursday, the extended hours shall occur on the following Saturday and Sunday.”. 4059 (C) Subsection (e)(1) is amended by striking the phrase “2017, January 14 4060 through January 22” and inserting the phrase “2021, January 9 through January 24” in its place. 4061 SUBTITLE G. THIRD-PARTY INSPECTION PLATFORM 4062 Sec. 6061. Short title. 4063 This subtitle may be cited as the “Third-Party Inspection Platform Emergency 4064 Amendment Act of 2020”. 4065 Sec. 6062. Section 6d of the Construction Codes Approval and Amendments Act of 1986, 4066 effective June 25, 2002 (D.C. Law 14-162; D.C. Official Code § 6-1405.04), is amended by 4067 adding a new subsection (f) to read as follows: 4068 184 “(f) The Department may establish an online platform that may, at the Director’s 4069 discretion, serve as the exclusive mechanism by which an individual or entity may hire a third- 4070 party inspector to perform an inspection authorized by this section. The Department may charge 4071 a fee for the use of the online platform by an individual or entity and by the third-party 4072 inspectors.”. 4073 SUBTITLE H. PARKING RECIPROCITY FEE UPDATE AMENDMENT   4074 Sec. 6071. Short title. 4075 This subtitle may be cited as the “Reciprocity Parking Fee Update Emergency 4076 Amendment Act of 2020”. 4077 Sec. 6072. Section 8(d) of the District of Columbia Traffic Act, 1925, approved March 3, 4078 1925 (43 Stat. 1123; D.C. Official Code § 50-1401.02(d)), is amended by striking the figure 4079 “$50” and inserting the figure “$100” in its place.  4080 SUBTITLE I. TAG TRANSFER FEE UPDATE AMENDMENT   4081 Sec. 6081. Short title. 4082 This subtitle may be cited as the “Tag Transfer Fee Update Emergency Amendment Act 4083 of 2020”. 4084 Sec. 6082. Section 2(e) of the District of Columbia Revenue Act of 1937, approved 4085 August 17, 1937 (50 Stat. 680; D.C. Official Code § 50-1501.02(e)), is amended as follows: 4086 (a) Paragraph (2) is amended by striking the figure “$7” and inserting the figure “$12” in 4087 its place. 4088 (b) Paragraph (5) is amended by striking the figure “$7” and inserting the figure “$12” in 4089 its place. 4090 185 SUBTITLE J. ATE PROGRAM REPORTING REQUIREMENT AMENDMENT 4091 Sec. 6091. Short title. 4092 This subtitle may be cited as the “ATE Reporting Requirement Emergency Amendment 4093 Act of 2020”. 4094 Sec. 6092. Title IX of the Fiscal Year 1997 Budget Support Act of 1996, effective April 4095 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01 et seq.), is amended by adding 4096 a new section 905 to read as follows: 4097 “Sec. 905. ATE Reporting to Council. 4098 “Beginning January 1, 2021, the District Department of Transportation, in consultation 4099 with the Department of Motor Vehicles, shall report to the Council on a semi-annual basis the 4100 following information: 4101 “(1) The top 15 automated traffic enforcement (“ATE”) locations by value of 4102 citations generated in the District; 4103 “(2) The breakdown of the jurisdictions where those receiving ATE citations and 4104 with outstanding ATE citation debt have their vehicles registered; 4105 “(3) The locations where cameras have been added in the last 6 months and the 4106 reasons why those locations were chosen; and 4107 “(4) The amount of ATE citations issued in total and by location.”. 4108 SUBTITLE K. CAPACITY MARKET WITHDRAWAL FEASABILITY STUDY 4109 Sec. 6101. Short title. 4110 This subtitle may be cited as the “Capacity Market Withdrawal Feasibility Study 4111 Emergency Act of 2020”. 4112 Sec. 6102. Feasibility study. 4113 186 By July 1, 2021, the Department of Energy and Environment shall make publicly 4114 available a study that evaluates and makes recommendations regarding the District withdrawing 4115 from the PJM capacity market, including outlining the potential advantages and disadvantages of 4116 withdrawal, the anticipated effects of Calpine Corporation, et al. v. PJM Interconnection, 4117 L.L.C., 169 FERC ¶ 61, 239 (2019) on the District, and the procedure for withdrawal from the 4118 PJM capacity market, including any necessary legislative changes. 4119 SUBTITLE L. COMPETITIVE GRANT 4120 Sec. 6111. Short title. 4121 This subtitle may be cited as the “Competitive Grant Emergency Act of 2020”.   4122 Sec. 6112. The Department of Energy and Environment shall award an annual grant on a 4123 competitive basis, in an amount not to exceed $200,000, to provide wildlife rehabilitation 4124 services. 4125 SUBTITLE M. URBAN AGRICULTURE FUNDING 4126 Sec. 6121. Short title. 4127 This subtitle may be cited as the “Urban Agriculture Funding Emergency 4128 Amendment Act of 2020”. 4129 Sec.  6122. The Food Production and Urban Gardens Program Act of 1986, effective 4130 February 28, 1987 (D.C. Law 6-210; D.C. Official Code § 48-401 et seq.), is amended as 4131 follows: 4132 (a) Section 3a(d)(1) (D.C. Official Code § 48-402.01(d)(1)) is amended by striking the 4133 phrase “base period of 5 years” and inserting the phrase “base period of at least 5 years” in its 4134 place. 4135 (b) Section 3b is amended to read as follows: 4136 187 “Sec. 3b. Limitations on expenditures. 4137 “Total real property tax abatements provided for certain urban farms established pursuant 4138 to D.C. Official Code § 47-868 and the tax-exempt status conferred by D.C. Official Code § 47- 4139 1005(c) shall not exceed $150,000 each year.”. 4140 Sec.  6123. Section 47-1005(c) of the District of Columbia Official Code is amended by 4141 striking the phrase “Department of General Services” and inserting the phrase “Department of 4142 Energy and Environment” in its place. 4143 SUBTITLE N. WASTE DISPOSAL FEES 4144 Sec. 6131. Short title. 4145 This subtitle may be cited as the “Waste Disposal Fees Regulation Emergency 4146 Amendment Act of 2020”. 4147 Sec. 6132. Section 720.8 of Title 21 of the District of Columbia Municipal Regulations 4148 (21 DCMR § 720.8) is amended to read as follows: 4149 “720.8 Beginning on October 1, 2020, the applicable fee for the disposal of each ton of 4150 solid waste at the waste-handling facilities, excluding those wastes specified in §§ 720.5, 720.6, 4151 and 720.7, shall be seventy dollars and sixty-two cents ($70.62) for each ton disposed; provided, 4152 that a minimum fee of thirty five dollars and thirty-one cents ($35.31) shall be imposed on each 4153 load weighing one thousand pounds (1,000 lb.) or less.”. 4154 SUBTITLE O. FAST FERRY GRANT 4155 Sec. 6141. Short title. 4156 This subtitle may be cited as the “Fast Ferry Grant Emergency Act of 2020”. 4157 Sec. 6142. (a) In Fiscal Year 2021, the District Department of Transportation (“DDOT”) 4158 shall award a grant of not less than $250,000 to a regional transportation system supporting 4159 188 efforts to establish M-495 Commuter Fast Ferry Service on the Occoquan, Potomac, and 4160 Anacostia River system. 4161 (b) A grant awarded pursuant to this section shall be in addition to any other grant 4162 awarded by DDOT for fast ferry service. 4163 TITLE VII. FINANCE AND REVENUE 4164 SUBTITLE A. PERSONAL PROPERTY TAX 4165 Sec. 7001. Short title. 4166 This subtitle may be cited as the “Personal Property Tax Emergency Amendment Act of 4167 2020”. 4168 Sec. 7002. Title 47 of the District of Columbia Official Code is amended as follows: 4169 (a) Section 47-1508 is amended by adding a new paragraph (13) to read as follows: 4170 “(13)(A) Computer software, unless: 4171 “(i) The software is incorporated as a permanent component of a 4172 computer, machine, piece of equipment, or device, or of real property, and the software is not 4173 commonly available separately; or 4174 “(ii) The cost of the software is included as part of the cost of a 4175 computer, machine, piece of equipment, or device, or of the cost of real property on the books or 4176 records of the taxpayer. 4177 “(B) This paragraph shall not be construed to affect the value of a 4178 machine, device, piece of equipment, or computer, or the value of real property, or to affect the 4179 taxable status of any other property subject to tax under this title.”. 4180 (b) Section 47-1521 is amended as follows: 4181 (1) Paragraph (1) is redesignated as paragraph (1A). 4182 189 (2) A new paragraph (1) is added to read as follows: 4183 “(1) “Computer software” means a set of statements or instructions that when 4184 incorporated in a machine-usable medium is capable of causing a machine or device having 4185 information processing capabilities to indicate, perform, or achieve a particular function, task, or 4186 result.”. 4187 (3) Paragraph (4) is amended by striking the phrase “goods and chattels” and 4188 inserting the phrase “goods and chattels, including computer software,” in its place. 4189 Sec. 7003. Applicability. 4190 This subtitle shall apply as of July 1, 2021. 4191 SUBTITLE B. UNINCORPORATED BUSINESS FRANCHISE TAX 4192 Sec. 7011. Short title. 4193 This subtitle may be cited as the “Unincorporated Business Tax Emergency Amendment 4194 Act of 2020”. 4195 Sec. 7012. Section 47-1808.02(1) of the District of Columbia Official Code is amended 4196 by striking the phrase “Internal Revenue Code of 1986.” and inserting the phrase “Internal 4197 Revenue Code of 1986. Taxable income shall include gain from the sale or other disposition of 4198 any assets, including tangible assets and intangible assets, including real property and interests in 4199 real property, in the District, even when such a sale or other disposition results in the termination 4200 of an unincorporated business.” in its place. 4201 Sec. 7013. Applicability. 4202 This subtitle shall apply as of January 1, 2021. 4203 SUBTITLE C. BALLPARK REVENUE FUND 4204 Sec. 7021. Short title. 4205 190 This subtitle may be cited as the “Ballpark Revenue Fund Excess Revenue Emergency 4206 Amendment Act of 2020”. 4207 Sec. 7022. Section 102(d) of the Ballpark Omnibus Financing and Revenue Act of 2004, 4208 effective April 8, 2005 (D.C. Law 15-320; D.C. Official Code § 10-1601.02(d)), is amended by 4209 striking the phrase “due on the bonds.” and inserting the phrase “due on the bonds; provided, that 4210 any excess that accrues during Fiscal Year 2020, Fiscal Year 2021, or Fiscal Year 2022 shall be 4211 deposited in the unrestricted fund balance of the General Fund during the fiscal year in which it 4212 accrues.” in its place. 4213 Sec. 7023. Applicability. 4214 This subtitle shall apply as of August 1, 2020. 4215 SUBTITLE D. EVENTS DC AUTHORITY 4216 Sec. 7031. Short title. 4217 This subtitle may be cited as the “Events DC Authority Emergency Amendment Act of 4218 2020”. 4219 Sec. 7032. Title II of the Washington Convention Center Authority Act of 1994, effective 4220 September 28, 1994 (D.C. Law 10-188; D.C. Official Code § 10-1202.01 et seq.), is amended as 4221 follows: 4222 (a) Section 203 (D.C. Official Code § 10-1202.03) is amended as follows: 4223 (1) Paragraph (10K) is amended by striking the period and inserting a semicolon 4224 in its place. 4225 (2) A new paragraph (10L) is added to read as follows: 4226 “(10L) To issue grants pursuant to section 208(h) to support go-go music in the 4227 District of Columbia.”. 4228 191 (b) Section 204(m) (D.C. Official Code § 10-1202.04(m)), is amended by striking the 4229 phrase “Fiscal Year 2019 or Fiscal Year 2020” and inserting the phrase “Fiscal Year 2020 or 4230 Fiscal Year 2021” in its place. 4231 (c) Section 208 (D.C. Official Code § 10-1202.08) is amended by adding a new 4232 subsection (h) to read as follows: 4233 “(h) For Fiscal Year 2021, the Authority shall issue not less than $1 million in grants 4234 from the Convention Center Fund to support go-go related programming, branding, tourism, and 4235 marketing; provided, that funds are available for such purpose and that the Authority first satisfy 4236 its current liabilities and legally required reserves, which shall not include the elective purchase 4237 or redemption of outstanding indebtedness, unless such purchase or redemption is for the 4238 purpose of securing a lower cost of borrowing and lower debt service payments.”. 4239 SUBTITLE E. PARKSIDE PARCEL E AND J MIXED-INCOME APARTMENTS 4240 TAX ABATEMENT 4241 Sec. 7041. Short title. 4242 This subtitle may be cited as the “Parkside Parcel E and J Mixed-Income Apartments 4243 Tax Abatement Emergency Amendment Act of 2020”. 4244 Sec. 7042. Section 47-4658 of the District of Columbia Official Code is amended by 4245 striking the number “2020” and inserting the number “2022” in its place both times it appears. 4246 Sec. 7043. Applicability. 4247 This subtitle shall apply as of the effective date of this act. 4248 SUBTITLE F. OFF-PREMISES ALCOHOL TAX RATE 4249 Sec. 7051. Short title. 4250 192 This subtitle may be cited as the “Off-Premises Alcohol Tax Rate Emergency 4251 Amendment Act of 2020”. 4252 Sec. 7052. Section 47-2002(a) of the District of Columbia Official Code is amended as 4253 follows: 4254 (a) Paragraph (3) is amended by striking the phrase “defined in § 47-2001(g-1)” and 4255 inserting the phrase “defined in § 47-2001(g-1) or spirituous or malt liquors, beer, and wine sold 4256 by an alcoholic beverage licensee acting under authority of §§ 25-112(h)(1), 25-113(a)(3)(C), or 4257 25-113.01(f) or (g)” in its place. 4258 (b) Paragraph (3A) is amended by striking the phrase “where sold” and inserting the 4259 phrase “where sold, unless sold by an alcoholic beverage licensee acting under authority of §§ 4260 25-112(h)(1), 25-113(a)(3)(C), or 25-113.01(f) or (g)” in its place. 4261 Sec. 7053. Section 47-2202(a) of the District of Columbia Official Code is amended as 4262 follows: 4263 (a) Paragraph (3)(A) is amended by striking the phrase “defined in § 47-2001(g-1)” and 4264 inserting the phrase “defined in § 47-2001(g-1) or spirituous or malt liquors, beer, and wine sold 4265 by an alcoholic beverage licensee acting under authority of §§ 25-112(h)(1), 25-113(a)(3)(C), or 4266 25-113.01(f) or (g)” in its place. 4267 (b) Paragraph (3A) is amended by striking the phrase “where sold” and inserting the 4268 phrase “where sold, unless sold by an alcoholic beverage licensee acting under authority of §§ 4269 25-112(h)(1), 25-113(a)(3)(C), or 25-113.01(f) or (g)” in its place. 4270 SUBTITLE G. SUBJECT-TO-APPROPRIATIONS REPEALS AND 4271 MODIFICATIONS 4272 Sec. 7061. Short title. 4273 193 This subtitle may be cited as the “Subject-to-Appropriations Emergency Amendment Act 4274 of 2020”. 4275 Sec. 7062. Section 3 of the DC HealthCare Alliance Recertification Simplification 4276 Amendment Act of 2017, effective December 13, 2017 (D.C. Law 22-35; 64 DCR 10929), is 4277 repealed. 4278 Sec. 7063. Section 3 of the East End Certificate of Need Maximum Fee Establishment 4279 Amendment Act of 2018, effective October 30, 2018, (D.C. Law 22-176; 65 DCR 9552), is 4280 repealed. 4281 Sec. 7064. Section 301(a) of the Birth-to-Three for All DC Amendment Act of 2018, 4282 effective October 30, 2018 (D.C. Law 22-179; 65 DCR 9569), is amended by striking the phrase 4283 “107(b),” and inserting the phrase “107,” in its place. 4284 Sec. 7065. Section 8 of the Tipped Wage Workers Fairness Amendment Act of 2018, 4285 effective December 13, 2018 (D.C. Law 22-196; 65 DCR 12049), is repealed. 4286 Sec. 7066. The Ensuring Community Access to Recreational Spaces Act of 2018, 4287 effective February 22, 2019 (D.C. Law 22-210; D.C. Official Code § 38-431 et seq.), is amended 4288 as follows: 4289 (a) Section 4(b) (D.C. Official Code § 38-433(b)) is amended by striking the phrase 4290 “Within 180 days after February 22, 2019, the Mayor” and inserting the phrase “The Mayor” in 4291 its place. 4292 (b) A new section 7a is added to read as follows: 4293 “Sec. 7a. Applicability. 4294 “(a) Section 4 shall apply upon the date of inclusion of its fiscal effect in an approved 4295 budget and financial plan. 4296 194 “(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect 4297 in an approved budget and financial plan, and provide notice to the Budget Director of the 4298 Council of the certification. 4299 “(c)(1) The Budget Director shall cause the notice of the certification to be published in 4300 the District of Columbia Register. 4301 “(2) The date of publication of the notice of the certification shall not affect the 4302 applicability of section 4.”. 4303 Sec. 7067. Section 3 of the Boxing and Wrestling Commission Amendment Act of 2018, 4304 effective February 22, 2019 (D.C. Law 22-228; 66 DCR 200), is repealed. 4305 Sec. 7068. The Senior Strategic Plan Amendment Act of 2018, effective March 28, 2019 4306 (D.C. Law 22-267; 66 DCR 1428), is amended by adding a new section 3a to read as follows: 4307 “Sec. 3a. Applicability. 4308 “(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved 4309 budget and financial plan. 4310 “(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect 4311 in an approved budget and financial plan, and provide notice to the Budget Director of the 4312 Council of the certification. 4313 “(c)(1) The Budget Director shall cause the notice of the certification to be published in 4314 the District of Columbia Register. 4315 “(2) The date of publication of the notice of the certification shall not affect the 4316 applicability of this act.”. 4317 Sec. 7069. Section 5 of the Public Restroom Facilities Installation and Promotion Act of 4318 2018, effective April 11, 2019 (D.C. Law 22-280; 66 DCR 1595), is amended to read as follows: 4319 195 “Sec. 5. Applicability. 4320 “(a) Section 4 shall apply upon the date of inclusion of its fiscal effect in an approved 4321 budget and financial plan. 4322 “(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect 4323 in an approved budget and financial plan and provide notice to the Budget Director of the 4324 Council of the certification. 4325 “(c)(1) The Budget Director shall cause the notice of the certification to be published in 4326 the District of Columbia Register. 4327 “(2) The date of publication of the notice of the certification shall not affect the 4328 applicability of section 4.”. 4329 Sec. 7070. Section 5 of the Sports Wagering Lottery Amendment Act of 2018, effective 4330 May 3, 2019 (D.C. Law 22-312; 66 DCR 1402), is repealed. 4331 Sec. 7071. Section 4 of the Mypheduh Films DBA Sankofa Video and Books Real 4332 Property Tax Exemption Act of 2019, effective September 11, 2019 (D.C. Law 23-24; 66 DCR 4333 9759), is repealed. 4334 Sec. 7072. Section 3 of the Certificate of Need Fee Reduction Amendment Act of 2019, 4335 effective March 10, 2020, (D.C. Law 23-60; 67 DCR 568), is repealed. 4336 Sec. 7073. Section 3 of the Electronic Medical Order for Scope of Treatment Registry 4337 Amendment Act of 2019, effective March 10, 2020, (D.C. Law 23-62; 67 DCR 574), is repealed. 4338 Sec. 7074. Section 5 of the Housing Conversion and Eviction Clarification Amendment 4339 Act of 2020, effective April 16, 2020 (D.C. Law 23-72; 67 DCR 2476), is repealed. 4340 Sec. 7075. Section 5 of the Urban Farming Land Lease Amendment Act of 2020, 4341 effective April 16, 2020 (D.C. Law 23-80; 67 DCR 2494), is repealed. 4342 196 Sec. 7076. Section 4 of the Office on Caribbean Affairs Establishment Act of 2020, 4343 effective May 6, 2020 (D.C. Law 23-87; 67 DCR 3534), is repealed. 4344 Sec. 7077. Section 3 of the Strengthening Reproductive Health Protections Amendment 4345 Act of 2020, effective May 6, 2020 (D.C. Law 23-90; 67 DCR 3537), is repealed. 4346 Sec. 7078. Section 6 of the Certified Professional Midwife Amendment Act of 2020, 4347 effective June 17, 2020, (D.C. Law 23-97; 67 DCR 3912), is repealed. 4348 Sec. 7079. Section 3 of the Leave to Vote Amendment Act of 2020, effective June 24, 4349 2020 (D.C. Law 23-110; 67 DCR 5057), is repealed. 4350 Sec. 7080. Section 3 of the Transportation Benefits Equity Amendment Act of 2020, 4351 effective June 24, 2020 (D.C. Law 23-113; 67 DCR 5069), is repealed. 4352 Sec. 7081. Section 3 of the Professional Art Therapist Licensure Amendment Act of 4353 2020, effective June 24, 2020, (D.C. Law 23-115; 67 DCR 5077), is repealed. 4354 Sec. 7082. Section 6 of the Ivory and Horn Trafficking Prohibition Act of 2020, 4355 enacted on April 27, 2020 (D.C. Act 23-302; 67 DCR 5060), is repealed. 4356 SUBTITLE H. COUNCIL PERIOD 23 RULE 736 AND OTHER REPEALS 4357 Sec. 7091. Short title. 4358 This subtitle may be cited as the “Council Period 23 Rule 736 and Other Repeals 4359 Emergency Amendment Act of 2020”. 4360 Sec. 7092. Section 1013(g) of the Innovation Fund Establishment Act of 2013, effective 4361 December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-325.222(g)), is repealed. 4362 Sec. 7093. The Health Care Provider Facility Expansion Program Establishment Act of 4363 2018, effective May 5, 2018 (D.C. Law 22-97; D.C. Official Code § 7-1941.01 et seq.), is 4364 repealed. 4365 197 Sec. 7094. Section 202 of the Ballpark Omnibus Financing and Revenue Act of 2004, 4366 effective April 8, 2005 (D.C. Law 15-320; D.C. Official Code § 10-1602.02), is repealed. 4367 Sec. 7095. The School Health Innovations Grant Program Amendment Act of 2018, 4368 effective May 5, 2018 (D.C. Law 22-98; D.C. Official Code § 38-671.01 et seq.), is repealed. 4369 Sec. 7096. Section 3602(d) of the Restrictions on the Use of Official Vehicles Act of 4370 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code § 50-204(d)), is 4371 repealed. 4372 Sec. 7097. Sections 103 and 105(c) of the Employee Transportation Amendment Act of 4373 2012, effective March 5, 2013 (D.C. Law 19-223; D.C. Official Code §§ 50-211.03 and 50- 4374 211.05(c)), are repealed. 4375 Sec. 7099. The Exhaust Emissions Inspection Amendment Act of 2017, effective January 4376 25, 2018 (D.C. Law 22-47; 64 DCR 12403) is repealed. 4377 Sec. 7100. The Public School Health Services Amendment Act of 2017, effective 4378 February 17, 2018 (D.C. Law 22-61; 65 DCR 127), is repealed. 4379 Sec. 7101. The DC Healthcare Alliance Re-Enrollment Reform Amendment Act of 2017, 4380 effective February 17, 2018 (D.C. Law 22-62; 65 DCR 9), is repealed. 4381 Sec. 7102. The Ballpark Fee Forgiveness Act of 2017, effective February 28, 2018 (D.C. 4382 Law 22-64; 65 DCR 328), is repealed. 4383 Sec. 7103. Section 2(nn) and (oo) of the Homeless Services Reform Amendment Act of 4384 2017, effective February 28, 2018 (D.C. Law 22-65; 65 DCR 331), are repealed. 4385 Sec. 7104. The East End Commercial Real Property Tax Rate Reduction Amendment Act 4386 of 2018, effective March 29, 2018 (D.C. Law 22-81; 65 DCR 1582), is repealed. 4387 198 Sec. 7105. The Relieve High Unemployment Tax Incentives Act of 2018, effective April 4388 25, 2018 (D.C. Law 22-85; 65 DCR 1805), is repealed. 4389 Sec. 7106. The Telehealth Medicaid Expansion Amendment Act of 2018, effective July 4390 3, 2018 (D.C. Law 22-126; 65 DCR 5110), is repealed. 4391 Sec. 7107. The Expenditure Commission Establishment Act of 2019, effective September 4392 11, 2019 (D.C. Law 23-16; 66 DCR 8621), is repealed. 4393 SUBTITLE I. DISTRICT HISTORY GRANT 4394 Sec. 7111. Short title. 4395 This subtitle may be cited as the “District History Grant Emergency Act of 2020”. 4396 Sec. 7112. (a) The Washington Convention and Sports Authority (“Events DC”) 4397 shall award a grant to a nonprofit organization occupying space in the Carnegie Library 4398 building that is engaged in collecting, interpreting, and sharing the history of the District. 4399 (b) In Fiscal Year 2021, of the funds allocated to the Non-Departmental Account, 4400 $100,000 shall be transferred to Events DC to use for the grant authorized by subsection 4401 (a) of this section. 4402 (c) A grant awarded pursuant to this section shall be in addition to any other grant 4403 awarded by Events DC in support of historical education and research. 4404 SUBTITLE J. NATIONAL CHERRY BLOSSOM FESTIVAL FUNDRAISING 4405 MATCH 4406 Sec. 7121. Short title. 4407 This subtitle may be cited as the “National Cherry Blossom Festival Fundraising 4408 Match Emergency Act of 2020”. 4409 Sec. 7122. National Cherry Blossom Festival Fundraising. 4410 199 (a) There is established a matching grant program to support the 2021 National 4411 Cherry Blossom Festival (“Program”), which shall be administered by the Washington 4412 Convention and Sports Authority (“Events DC”). Under the Program, a matching grant 4413 shall be awarded to a nonprofit organization that organizes and produces an event or 4414 events as part of the official, month-long National Cherry Blossom Festival (“Festival”) 4415 of up to $1,000,000 at a rate of $2 for every dollar that the organization has raised in 4416 donations by April 30, 2021. 4417 (b) In Fiscal Year 2021, of the funds allocated to the Non-Departmental Account, 4418 $1,000,000 shall be transferred to Events DC to use for the grant authorized by 4419 subsection (a) of this section. 4420 (c) A grant awarded pursuant to this section shall be in addition to any other grant 4421 awarded by Events DC in support of the Festival. 4422 SUBTITLE K. MOTOR VEHICLE FUEL TAX 4423 Sec. 7131. Short Title. 4424 This subtitle may be cited as the “Motor Vehicle Fuel Tax Emergency Amendment Act 4425 of 2020”. 4426 Sec. 7132. Chapter 23 of Title 47 of the District of Columbia Official Code is amended as 4427 follows: 4428 (a) Section 47-2301 is amended as follows: 4429 (1) Subsection (a) is amended by adding a new paragraph (4) to read as follows: 4430 “(4) This subsection shall not apply after September 30, 2020.”. 4431 (2) A new subsection (a-1) is added to read as follows: 4432 200 “(a-1)(1) The District shall levy and collect a tax and a local transportation surcharge 4433 (“surcharge”) on motor vehicle fuels sold or otherwise disposed of by an importer or by a user, 4434 or used for commercial purposes. 4435 “(2) As of October 1, 2020: 4436 “(A) The rate of tax shall be $.235 per gallon; and 4437 “(B) The surcharge shall be $.053 per gallon; 4438 “(3) As of October 1, 2021, the surcharge shall be $.103 per gallon, increased 4439 annually, beginning with the fiscal year commencing on October 1, 2022, by the cost-of-living 4440 adjustment.”. 4441 (3) Subsection (c) is amended to read as follows: 4442 “(c) The Chief Financial Officer of the District of Columbia shall: 4443 “(1) Transfer annually to the District of Columbia Highway Trust Fund the 4444 proceeds of the taxes imposed under subsection (a) and (a-1) of this section; and 4445 “(2) Transfer to the Capital Improvements Program the revenue derived from the 4446 surcharge under subsection (a-1) to fund the renovation, repair, and maintenance of local 4447 transportation infrastructure.”. 4448 (b) Section 47-2302 is amended by adding a new paragraph (24) to read as follows: 4449 “(24)(A) “Cost-of-living adjustment” means the ratio of CPI for the preceding 4450 calendar year and the CPI for the base year. 4451 “(B) For the purposes of this paragraph, the term: 4452 “(i) "Base year" means the calendar year ending December 31, 4453 2020. 4454 201 “(ii) "CPI" means the average of the Consumer Price Index for All 4455 Urban Consumers for the Washington-Arlington-Alexandria, DC-MD-VA-WV Metropolitan 4456 Statistical Area (or such successor metropolitan statistical area that includes the District) for the 4457 preceding calendar year.”. 4458 Sec. 7133. Section 102a of the Highway Trust Fund Establishment Act of 1996, effective 4459 April 9, 1997 (D.C. Law 11-184; D.C. Official Code § 9-111.01a), is amended by adding a new 4460 subsection (c) to read as follows: 4461 “(c) Revenue derived from the local transportation surcharge on motor vehicle fuels sold 4462 or otherwise disposed of by an importer or by a user, or used for commercial purposes, pursuant 4463 to D.C. Official Code § 47-2301(a-1), shall be transferred to the Capital Improvements Program 4464 to fund the renovation, repair, and maintenance of local transportation infrastructure.”. 4465 SUBTITLE L. NEW COMMUNITIES CLARIFICATION 4466 Sec. 7141. Short title. 4467 This subtitle may be cited as the “New Communities Bond Clarification Emergency 4468 Amendment Act of 2020”. 4469 Sec. 7142. Section 203(b) of the Housing Production Trust Fund Act of 1988, effective 4470 October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 42-2812.03(b)), is amended to read as 4471 follows: 4472 “(b)(1) The bonds, which may be issued from time to time, in one or more series, shall be 4473 tax-exempt or taxable as the Mayor shall determine. 4474 (2) The total amount of funds allocated annually from the Housing Production 4475 Trust Fund to pay debt service on the bonds shall not exceed $16 million.”. 4476 202 SUBTITLE M. QHTC TAX INCENTIVES MODIFICATION 4477 Sec. 7151. Short Title. 4478 This subtitle may be cited as the “QHTC Tax Incentives Modification Emergency 4479 Amendment Act of 2020”. 4480 Sec. 7152. Title 47 of the District of Columbia Official Code is amended as follows: 4481 (a) Section 47-1508(a)(10) is repealed. 4482 (b) Chapter 18 is amended as follows: 4483 (1) Section 47-1803.03(a)(18) is repealed. 4484 (2) Section 47-1817.01(5)(A)(ii) is amended by striking the number “2” and 4485 inserting the number “10” in its place. 4486 (3) Section 47-1817.02 is repealed. 4487 (4) Section 47-1817.04 is amended as follows: 4488 (A) Subsection (d) is amended by striking the figure “$20,000” and 4489 inserting the figure “$10,000” in its place. 4490 (B) Subsection (e) is repealed. 4491 (5) Section 47-1817.05(c) is repealed. 4492 (6) Section 47-1817.06 is repealed. 4493 (7) Section 47-1817.07 is repealed. 4494 (8) Section 47-1817.07a is amended by striking the phrase “For tax years 4495 beginning after December 31, 2018, notwithstanding” and inserting the phrase “For the tax year 4496 beginning after December 31, 2018 and ending before January 1, 2020, and for tax years 4497 beginning after December 31, 2024, notwithstanding” in its place. 4498 (9) Section 47-1818.06(3) is repealed. 4499 203 Sec. 7153. Applicability. 4500 This subtitle shall apply as of January 1, 2020 except for Section 7152(a) which shall 4501 apply as of July 1, 2021. 4502 SUBTITLE N. ADAMS MORGAN BID 4503 Sec. 7161. Short title. 4504 This subtitle may be cited as the “Adams Morgan Business Improvement District 4505 Emergency Amendment Act of 2020”. 4506 Sec. 7162. Section 206(c) of the Business Improvement District Act of 1996, effective 4507 March 8, 2006 (D.C. Law 16-56; D.C. Official Code § 2-1215.56(c)), is amended to read as 4508 follows: 4509 “(c) The BID taxes for the taxable properties in the Adams Morgan BID shall not exceed 4510 $.21 for each $100 in assessed value for all taxable properties and all commercial portions of 4511 mixed use properties; provided, that any change in the BID taxes from the current tax year rates 4512 shall be made subject to the requirements of section 9.”. 4513 SUBTITLE O. SKYLAND TAX EXEMPTION 4514 Sec. 7171. This subtitle may be cited as the “Skyland Tax Exemption Emergency 4515 Amendment Act of 2020”. 4516 Sec. 7172. Section 302 of the District of Columbia Deed Recordation Tax Act, approved 4517 March 2, 1962 (76 Stat. 11; D.C. Official Code § 42-1102), is amended as follows: 4518 (a) Paragraph (34) is amended by striking the phrase “; and” and inserting a semicolon in 4519 its place. 4520 (b) Paragraph (35) is amended by striking the period at the end and inserting the phrase “; 4521 and” in its place. 4522 204 (c) A new paragraph (36) is added to read as follows: 4523 “(36)(A) Deeds conveying, vesting, granting, or assigning title to, an interest in, a 4524 security interest in, or an economic interest in the real property (and any improvements thereon) 4525 described as Square 5633, Lots 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 4526 815, 816, 817, 818, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 7000, 7009, and 7010 that 4527 are recorded between the applicability date of the Skyland Tax Exemption Amendment Act of 4528 2020, passed on 1st reading on July 7, 2020 (Engrossed version of Bill 23-760) and December 4529 31, 2020. 4530 “(B) The amount of all taxes, fees, and deposits exempted under this 4531 paragraph and D.C. Official Code § 47-902(28), shall not exceed, in the aggregate, $420,840.”. 4532 Sec. 7173. Section 47-902 of the District of Columbia Official Code is amended by 4533 adding a new paragraph 28 to read as follows: 4534 “(28)(A) Transfers with respect to the real property (and any improvements 4535 thereon) described as Square 5633, Lots 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 4536 813, 814, 815, 816, 817, 818, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 7000, 7009, and 4537 7010, as evidenced by the recordation of a deed conveying title to the real property between the 4538 applicability date of the Skyland Tax Exemption Amendment Act of 2020, passed on 1st reading 4539 on July 7, 2020 (Engrossed version of Bill 23-760) and December 31, 2020. 4540 “(B) The amount of all taxes, fees, and deposits exempted under this 4541 paragraph and § 42-1102(36), shall not exceed, in the aggregate, $420,840.”. 4542 SUBTITLE P. COMBINED REPORTING TAX DEDUCTION DELAY 4543 Sec. 7181. Short title. 4544 205 This subtitle may be cited as the “Combined Reporting Tax Deduction Delay Emergency 4545 Amendment Act of 2020”. 4546 Sec. 7182. Section 47-1810.08(b) of the District of Columbia Official Code is amended 4547 as follows: 4548 (a) Paragraph (1) is amended by striking the phrase “beginning with the 10th year of the 4549 combined filing” and inserting the phrase “beginning with the 15th year of the combined filing” 4550 in its place. 4551 (b) Paragraph (2) is amended by striking the number “2015” and inserting the number 4552 “2020” in its place. 4553 SUBTITLE Q. ESTATE TAX ADJUSTMENT 4554 Sec. 7191. Short title. 4555 This subtitle may be cited as the “Estate Tax Adjustment Emergency Amendment Act of 4556 2020”. 4557 Sec. 7192. Section 47-3701 of the District of Columbia Official Code is amended as 4558 follows: 4559 (a) Paragraph (4) is amended as follows: 4560 (1) Subparagraph (E) is amended by striking the phrase “dying after December 4561 31, 2017” and inserting the phrase “whose death occurs after December 31, 2017, but before 4562 January 1, 2021” in its place. 4563 (2) A new subparagraph (F) is added to read as follows: 4564 “(F) For a decedent whose death occurs after December 31, 2020: 4565 (i) The maximum amount of credit for state death taxes allowed by 4566 section 2011 of the Internal Revenue Code; 4567 206 (ii) The amount of the unified credit shall be $1,545,800, increased 4568 annually, beginning with the year commencing on January 1, 2022, by the cost-of-living 4569 adjustment; and 4570 (iii) An estate tax return shall not be required to be filed if the 4571 decedent’s gross estate does not exceed the applicable zero bracket amount.”. 4572 (b) Paragraph (14) is amended as follows: 4573 (1) Subparagraph (B) is amended by striking the phrase “; or” and inserting a 4574 semicolon in its place. 4575 (2) Subparagraph (C) is amended as follows: 4576 (A) Strike the phrase “after December 31, 2017” and insert the phrase 4577 “after December 31, 2017, but before January 1, 2021” in its place. 4578 (B) Strike the period at the end and insert the phrase “; or” in its place. 4579 (3) A new subparagraph (D) is added to read as follows: 4580 “(D) For a decedent whose death occurs after December 31, 2020, $4 4581 million, increased annually, beginning with the year commencing on January 1, 2022, by the 4582 cost-of-living adjustment.”. 4583 SUBTITLE R. DISTRICT OF COLUMBIA LOW-INCOME HOUSING TAX 4584 CREDIT CLARIFICATION 4585 Sec. 7201. Short title. 4586 This subtitle may be cited as the “District of Columbia Low-Income Housing Tax Credit 4587 Clarification Amendment Act of 2020”. 4588 Sec. 7202. Chapter 48 of Title 47 of the District of Columbia Official Code is amended as 4589 follows: 4590 207 (a) The table of contents is amended by striking the phrase “47-4806. Transfer, sale, or 4591 assignment” and inserting the phrase “47-4806. Transfer, sale, assignment, or allocation” in its 4592 place. 4593 (b) Section 47-4801 is amended as follows: 4594 (1) A new paragraph (1A) is added to read as follows: 4595 “(1A) “Commissioner” means the Commissioner of the Department of Insurance, 4596 Securities, and Banking.”. 4597 (2) Paragraph (3) is amended by striking the phrase “cause the construction of 4598 affordable housing” and inserting the phrase “cause the acquisition, rehabilitation, or 4599 construction of affordable housing” in its place. 4600 (3) Paragraph (6) is amended by striking the phrase ““Low-Income Housing Tax 4601 Credit Program” means the program authorized by section 42 of the Internal Revenue Code of 4602 1986” and inserting the phrase ““Federal low-income housing tax credit” means a tax credit 4603 claimed pursuant to section 42 of the Internal Revenue Code of 1986” in its place. 4604 (4) Paragraph (7) is repealed. 4605 (5) Paragraph (8) is amended by striking the phrase “a rental housing 4606 development that receives an allocation of federal Low-Income Housing Tax Credits from the 4607 Department” and inserting the phrase “a rental housing development in the District that receives 4608 an allocation of federal low-income housing tax credits under section 42(h)(1) or (4) of the 1986 4609 Internal Revenue Code after the effective date of the District of Columbia Low-Income Housing 4610 Tax Credit Clarification Amendment Act of 2020, passed on 2nd reading on July 28, 2020 4611 (Enrolled version of Bill 23-760), and receives an executed extended low-income housing 4612 208 commitment pursuant to section 42(h)(6)(b) of the 1986 Internal Revenue Code from the 4613 Department dated on or after October 1, 2022”. 4614 (c) Section 47-4802 is amended as follows: 4615 (1) Subsection (a) is amended to read as follows: 4616 “(a) There is established a District of Columbia low-income housing tax credit.”. 4617 (2) Subsection (b) is repealed. 4618 (3) Subsection (c) is repealed. 4619 (4) Subsection (d) is amended by striking the phrase “tax credit award” and 4620 inserting the phrase “tax credit” in its place. 4621 (d) Section 47-4803 is amended as follows: 4622 (1) Subsection (a) is amended to read as follow: 4623 “(a) An owner of a qualified project may receive a District of Columbia low-income 4624 housing tax credit with respect to that qualified project in an amount equal to 25% of the value of 4625 the federal low-income housing tax credit received with respect to the qualified project.”. 4626 (2) Subsection (b) is amended to read as follows: 4627 “(b) If the owner of a qualified project transfers, sells, or assigns a District of Columbia 4628 low-income housing tax credit to another taxpayer pursuant to § 47-4806, the District of 4629 Columbia low-income housing tax credit shall not be taken, pursuant to subsection (c) of this 4630 section, against taxes imposed under this title unless the owner has filed with the Department, in 4631 a form determined by the Department, an affidavit certifying that: 4632 “(1) The owner of the qualified project received, as consideration for transferring, 4633 209 selling, or assigning the District of Columbia low-income housing tax credit, at least 80% of the 4634 per dollar sale price for a federal low-income housing tax credit associated with the qualified 4635 project that the owner has transferred, sold, or assigned; and 4636 “(2) The value received by the owner of the qualified project was used to ensure 4637 financial feasibility of the qualified project.”. 4638 (3) Subsection (c) is amended to read as follows: 4639 “(c)(1) The District of Columbia low-income housing tax credit may be claimed against 4640 taxes imposed under Chapter 18 of this title or § 47-2608(a)(1). 4641 “(2) The District of Columbia low-income housing tax credit may be claimed 4642 equally for 10 years, subtracted from the tax otherwise due for each taxable period and shall not 4643 be refundable; provided, that the credit may not be taken against any tax that is dedicated in 4644 whole or in part to the Healthy DC and Heath Care Expansion Fund established by § 31- 4645 3514.02.”. 4646 “(3) If the District of Columbia low-income housing tax credit is claimed against 4647 taxes imposed under Chapter 18 of this title, any amount of the low-income housing tax credit 4648 that exceeds the tax due for a taxable year may be carried forward to any of the 10 remaining 4649 subsequent taxable years for taxes imposed under Chapter 18 of this title. If the District of 4650 Columbia low-income housing tax credit is claimed against taxes imposed under § 47- 4651 2608(a)(1), any amount of the credit that exceeds the tax due for a taxable year may be carried 4652 forward to any of the 10 remaining subsequent taxable years for taxes imposed under § 47- 4653 2608(a)(1).”. 4654 (4) Subsection (d)(1) is amended by striking the phrase “allocated to parties who 4655 are eligible under the provisions of subsection (a) of this section” and inserting the phrase 4656 210 “transferred, sold, assigned, or allocated to parties who are eligible pursuant to Chapter 48 of 4657 Title 47 of the District of Columbia Official Code” in its place. 4658 (5) Subsection (e) is amended as follows: 4659 (A) The lead-in language is amended by striking the phrase “submitted to 4660 the Chief Financial Officer as provided in this section” and inserting the phrase “submitted to the 4661 Chief Financial Officer or the Commissioner as provided in this section” in its place. 4662 (B) Paragraph (2) is amended by striking the phrase “each taxpayer 4663 subject to the recapture” and inserting the phrase “each transferee, purchaser, assignee, or party 4664 to whom a credit is allocated” in its place. 4665 (C) Paragraph (3) is amended by striking the phrase “allocated to such 4666 taxpayer” and inserting the phrase “allocated to such transferee, purchaser, assignee, or party to 4667 whom a credit is allocated” in its place. 4668 (6) Subsection (f)(1) is amended by striking the phrase “A tax credit allowed 4669 under this section shall not be denied to the taxpayer with respect to any qualified project” and 4670 inserting the phrase “A District of Columbia low-income housing tax credit allowed under this 4671 section shall not be denied with respect to any qualified project” in its place. 4672 (e) Section 47-4804 is amended as follows: 4673 (1) Subsection (a) is amended to read as follows: 4674 “(a) The owner of a qualified project eligible for the District of Columbia low-income 4675 housing tax credit shall submit a copy of the eligibility statement issued by the Department with 4676 respect to the qualified project at the time of filing the return required to be filed by the owner 4677 pursuant to § 47-1805.02. In the case of failure to attach the eligibility statement, a credit under 4678 211 this section shall not be allowed with respect to such qualified project for that year until the copy 4679 is provided to the Chief Financial Officer and the Commissioner.”. 4680 (2) Subsection (b) is amended by striking the phrase “such qualified District of 4681 Columbia project shall also be recaptured” and inserting the phrase “such qualified District of 4682 Columbia project shall also be recaptured by the Office of Chief Financial Officer or 4683 Commissioner of Insurance, Securities, and Banking” in its place. 4684 (f) Section 47-4805 is amended by striking the phrase “The Chief Financial Officer or the 4685 Department may require” and inserting the phrase “The Chief Financial Officer, the 4686 Commissioner, or the Department may require” in its place. 4687 (g) Section 47-4806 is amended as follows: 4688 (1) The section heading is amended by striking the phrase “Transfer, sale, or 4689 assignment” and inserting the phrase “Transfer, sale, assignment, or allocation” in its place. 4690 (2) Subsection (a) is amended as follows: 4691 (A) The existing language is redesignated as paragraph (1) and amended 4692 to read as follows: 4693 “(1) All or any portion of credits issued in accordance with the provisions of 4694 this section may be transferred, sold, or assigned to another taxpayer. There is no limit on the 4695 total number of transactions for the transfer, sale, or assignment of all or part of the total credit 4696 authorized under this section. Collectively, all transfers, sales, assignments, and allocations 4697 pursuant to paragraph (a)(2) of this subsection are subject to the maximum credit allowable to a 4698 particular qualified project.”. 4699 (B) A new paragraph (2) is added to read as follows: 4700 “(2) A tax credit earned or purchased by, or transferred or assigned to, a 4701 212 partnership, limited liability company, S corporation, or other pass-through entity may be 4702 allocated to the partners, members, or shareholders of that entity in accordance with the 4703 provisions of any agreement among the partners, members, or shareholders and without 4704 regarding to the ownership interest of the partners, members, or shareholders in the qualified 4705 project. A partner, member, or shareholder to whom a tax credit is allocated may further allocate 4706 all or part of the allocated credit as provided in this subsection or may transfer, sell, or assign the 4707 allocated credit as provided in paragraph (1) of this subsection. There is no limit on the total 4708 number of allocations of all or part of the total credit authorized under this section; however, 4709 collectively, all transfers, sales, assignments, and allocations, made pursuant to this subsection, 4710 are subject to the maximum credit allowable to a particular qualified project.”. 4711 (3) Subsection (b) is amended to read as follows: 4712 “(b) An owner, transferee, purchaser, assignee, or taxpayer to whom a tax credit is 4713 allocated pursuant to subsection (a)(2) of this section, desiring to make a transfer, sale, 4714 assignment, or allocation pursuant to subsection (a)(2) of this section, shall submit to the Chief 4715 Financial Officer and the Commissioner a statement that describes the amount of District of 4716 Columbia low-income housing tax credit for which such transfer, sale, assignment, or allocation 4717 of District of Columbia low-income housing tax credit is eligible. The owner, transferor, seller, 4718 assignor, or taxpayer who is allocating, pursuant to subsection (a)(2) of this section, the tax 4719 credit, as applicable, shall provide to the Chief Financial Officer and the Commissioner 4720 appropriate information so that the low-income housing tax credit can be properly allocated.”. 4721 (4) Subsection (c)(3) is amended to read as follows: 4722 “(3) Amount of credit previously transferred, sold, assigned, or allocated to such 4723 transferee, purchaser, assignee, or taxpayer to whom a credit is allocated.”. 4724 213 (h) Section 47-4807 is amended as follows: 4725 (1) Subsection (a) is amended by striking the phrase “The Department, in 4726 consultation with the Chief Financial Officer, shall monitor” and inserting the phrase “The 4727 Department, in consultation with the Chief Financial Officer and the Commissioner, shall 4728 monitor” in its place. 4729 (2) Subsection (b) is amended by striking the phrase “The Department or the 4730 Chief Financial Officer shall report” and inserting the phrase “The Department, the Chief 4731 Financial Officer, or the Commissioner shall report” in its place. 4732 TITLE VIII. SPECIAL PURPOSE AND DEDICATED REVENUE FUNDS 4733 Sec. 8001. Short title. 4734 This subtitle may be cited as the “Designated Fund Transfer Emergency Act of 2020”. 4735 Sec. 8002. (a) Notwithstanding any provision of law limiting the use of funds in the 4736 accounts listed in the following chart, the Chief Financial Officer shall transfer in Fiscal Year 4737 2021 and in each fiscal year through Fiscal Year 2024 the following recurring amounts from 4738 certified fund balances and other revenue in the identified accounts to the unassigned fund 4739 balance of the General Fund of the District of Columbia: 4740 Agency Code Agency Fund Detail Fund Name FY 2021 -2024 CR0 DCRA 6013 Basic Business License Fund 6,000 CR0 DCRA 6040 Corporate Recordation Fund 12,500 HC0 DOH 0605 SHPDA Fees 4,000 HC0 DOH 0632 Pharmacy Protection 5,393 HC0 DOH 0633 Radiation Protection 3,500 HC0 DOH 0643 Board of Medicine 145,493 HC0 DOH 0656 EMS Fees 5,250 KG0 DOEE 0646 Stormwater Fees 2,000 KG0 DOEE 0662 Renewable Energy Development Fund 30,000 214 KG0 DOEE 6700 Sustainable Energy Trust Fund 40,000 LQ0 ABRA 6017 ABC - Import and Class License Fees 245,368 PO0 OCP 4010 DC Surplus Personal Property Sales Operation 10,000 SR0 DISB 2100 HMO Assessment 17,763 SR0 DISB 2200 Insurance Assessment 120,790 SR0 DISB 2350 Securities and Banking Fund 370,403 SR0 DISB 2800 Captive Insurance 82,741 TC0 DFHV 2400 Public Vehicles for Hire 21,000 Total 1,122,201 4741 (b) The amounts identified in subsection (a) of this section shall be made available as set 4742 forth in the approved Fiscal Year 2021 Budget and Financial Plan. 4743 TITLE IX. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE 4744 Sec. 9001. Applicability. 4745 Except as otherwise provided, this act shall apply as of October 1, 2020. 4746 Sec. 9002. Fiscal impact statement. 4747 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 4748 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 4749 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 4750 Sec. 9003. Effective date. 4751 This act shall take effect following approval by the Mayor (or in the event of veto by the 4752 Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 4753 90 days, as provided for emergency acts of the Council of the District of Columbia in section 4754 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 4755 D.C. Official Code § 1-204.12(a)). 4756 4757

ENROLLED ORIGINAL 1 AN ACT ____________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA ____________________ To enact and amend, on an emergency basis, provisions of law necessary to support the Fiscal Year 2021 budget. TABLE OF CONTENTS TITLE I. GOVERNMENT DIRECTION AND SUPPORT ..................................................... 4 SUBTITLE A. ARCHIVES ADVISORY GROUP .............................................................. 4 SUBTITLE B. AUDIT ENGAGEMENT FUND.................................................................. 5 SUBTITLE C. FREEZE ON PAY INCREASES AND BENEFITS .................................. 5 SUBTITLE D. ADVISORY NEIGHBORHOOD COMMISSIONS TECHNICAL SUPPORT AND ASSISTANCE ............................................................................................ 7 SUBTITLE E. RENEWABLE ENERGY FUTURE ........................................................... 8 SUBTITLE F. DC CENTER FOR THE LGBT COMMUNITY GRANT ........................ 9 SUBTITLE G. ACCESS TO JOBS ..................................................................................... 10 SUBTITLE H. PARALEGAL PROGRAM ESTABLISHMENT ................................... 11 SUBTITLE I. NON-PROFIT FAIRNESS ANALYSIS ..................................................... 12 SUBTITLE J. INDIGENOUS PEOPLES’ DAY............................................................... 12 SUBTITLE K. CAMPAIGN FINANCE REFORM IMPLEMENTATION ................... 13 TITLE II. ECONOMIC DEVELOPMENT AND REGULATION ....................................... 14 SUBTITLE A. BUSINESS RECOVERY TASK FORCE ESTABLISHMENT ............. 14 SUBTITLE B. NEW YORK AVENUE, N.E., RETAIL PRIORITY AREA EXPANSION ......................................................................................................................... 16 SUBTITLE C. OPPORTUNITY ZONE TAX BENEFITS .............................................. 16 SUBTITLE D. STREETSCAPE BUSINESS DEVELOPMENT RELIEF ..................... 18 SUBTITLE E. EQUITY IMPACT ENTERPRISE ESTABLISHMENT ........................ 18 SUBTITLE F. DMPED LIMITED GRANT-MAKING AUTHORITY .......................... 21 SUBTITLE G. TAX ABATEMENTS FOR AFFORDABLE HOUSING ....................... 22 SUBTITLE H. HEALTHCARE WORKFORCE PARTNERSHIP ................................ 25 SUBTITLE I. DC INFRASTRUCTURE ACADEMY EMPLOYER ENGAGEMENT 29 SUBTITLE J. WORKPLACE LEAVE NAVIGATORS .................................................. 32 ENROLLED ORIGINAL 2 SUBTITLE K. SCHOOL YEAR INTERNSHIP PILOT PROGRAM............................ 34 SUBTITLE L. UNEMPLOYMENT INSURANCE MODERNIZATION ...................... 36 SUBTITLE M. TRANSGENDER AND NON-BINARY EMPLOYMENT STUDY ..... 37 SUBTITLE N. TIPPED WAGE WORKERS FAIRNESS CLARIFICATION .............. 39 SUBTITLE O. UNIVERSAL PAID LEAVE FUND ......................................................... 41 SUBTITLE P. SHARED WORK COMPENSATION PROGRAM ................................ 44 SUBTITLE Q. EQUITABLE IMPACT ASSISTANCE FOR LOCAL BUSINESS ...... 52 SUBTITLE R. AFFORDABLE HOUSING LOAN FUND AUTHORIZATION ........... 55 SUBTITLE S. RENT STABILIZATION EXTENSION ................................................... 56 SUBTITLE T. EXPENDITURES FROM THE PUBLIC HOUSING AND STRUCTURAL TRANSFORMATION CAPITAL ACCOUNT ..................................... 56 SUBTITLE U. DC CENTRAL KITCHEN FACILITY GRANT .................................... 57 SUBTITLE V. C&O CANAL GRANT ............................................................................... 57 TITLE III. PUBLIC SAFETY AND JUSTICE ....................................................................... 57 SUBTITLE A. CRIMINAL CODE REFORM COMMISSION ...................................... 57 SUBTITLE B. RESTORATIVE JUSTICE COLLABORATIVE ................................... 58 SUBTITLE C. EMERGENCY MEDICAL SERVICES TRANSPORT CONTRACT . 59 SUBTITLE D. SENIOR POLICE OFFICERS PROGRAM ............................................ 59 SUBTITLE E. OFFICE ON RETURNING CITIZEN AFFAIRS ................................... 60 SUBTITLE F. CONCEALED PISTOL LICENSING REVIEW BOARD ..................... 61 SUBTITLE G. LITIGATION SUPPORT FUND AND GRANT-MAKING AUTHORITY ........................................................................................................................ 61 SUBTITLE H. CHIEF OF POLICE TERM OF OFFICE ............................................... 63 SUBTITLE I. MONSANTO SETTLEMENT ALLOCATION ....................................... 63 SUBTITLE J. ETHICS ENFORCEMENT ........................................................................ 64 TITLE IV. PUBLIC EDUCATION SYSTEMS ....................................................................... 65 SUBTITLE A. UNIFORM PER STUDENT FUNDING FORMULA INCREASE ....... 65 SUBTITLE B. EDUCATION FACILITY COLOCATION ............................................. 69 SUBTITLE C. CHILD CARE GRANTS............................................................................ 70 SUBTITLE D. UNIVERSITY OF THE DISTRICT OF COLUMBIA FUNDRAISING MATCH ................................................................................................................................. 71 SUBTITLE E. ADULT AND RESIDENTIAL PUBLIC CHARTER SCHOOL STABLIZATION .................................................................................................................. 71 SUBTITLE F. SCHOOL FINANCIAL TRANSPARENCY ............................................ 72 SUBTITLE G. HEALTHY SCHOOLS FUND RESTORATION ................................... 76 SUBTITLE H. WILKINSON SCHOOL DISPOSITION PROCESS .............................. 76 SUBTITLE I. ACADEMIC MIDDLE MENTORING INITIATIVE ............................. 77 SUBTITLE J. TRUANCY PREVENTION AND LITERACY PILOT FUNDING EXTENSION ......................................................................................................................... 77 SUBTITLE K. DCPS AUTHORITY FOR SCHOOL SECURITY ................................. 77 ENROLLED ORIGINAL 3 TITLE V. HUMAN SUPPORT SERVICES ............................................................................ 80 SUBTITLE A. MEDICAID HOSPITAL SUPPLEMENTAL AND DIRECTED PAYMENTS .......................................................................................................................... 80 SUBTITLE B. MEDICAL MARIJUANA PROGRAM ADMINISTRATION .............. 82 SUBTITLE C. STEVIE SELLOWS DIRECT SUPPORT PROFESSIONALS QUALITY IMPROVEMENTS ........................................................................................... 87 SUBTITLE D. MEDICAID RESERVE RE-ESTABLISHMENT ................................... 87 SUBTITLE E. TELEHEALTH REIMBURSEMENT ...................................................... 88 SUBTITLE F. HEALTH PROFESSIONAL RECRUITMENT AND RETENTION .... 89 SUBTITLE G. HEALTH CARE GRANT-MAKING AUTHORITY ............................. 90 TITLE VI. OPERATIONS AND INFRASTRUCTURE ........................................................ 91 SUBTITLE A. OPPORTUNITY ACCOUNTS .................................................................. 91 SUBTITLE B. GREEN BUILDING FUND USE EXPANSION ...................................... 93 SUBTITLE C. GAME OF SKILL MACHINES ............................................................... 93 SUBTITLE D. PAY-BY-PHONE TRANSACTION FEES FUND ................................ 109 SUBTITLE E. ENVIRONMENTAL SPECIAL PURPOSE REVENUE ACCOUNTS ............................................................................................................................................... 110 SUBTITLE F. ALCOHOLIC BEVERAGE SALES AND DELIVERY ....................... 112 SUBTITLE G. THIRD-PARTY INSPECTION PLATFORM ...................................... 115 SUBTITLE H. PARKING RECIPROCITY FEE UPDATE AMENDMENT   ............. 115 SUBTITLE I. TAG TRANSFER FEE UPDATE AMENDMENT   ............................... 115 SUBTITLE J. ATE PROGRAM REPORTING REQUIREMENT AMENDMENT .. 115 SUBTITLE K. CAPACITY MARKET WITHDRAWAL FEASABILITY STUDY ... 116 SUBTITLE L. COMPETITIVE GRANT ......................................................................... 116 SUBTITLE M. URBAN AGRICULTURE FUNDING ................................................... 116 SUBTITLE N. WASTE DISPOSAL FEES ...................................................................... 117 SUBTITLE O. FAST FERRY GRANT ............................................................................ 117 TITLE VII. FINANCE AND REVENUE .............................................................................. 118 SUBTITLE A. PERSONAL PROPERTY TAX .............................................................. 118 SUBTITLE B. UNINCORPORATED BUSINESS FRANCHISE TAX ........................ 118 SUBTITLE C. BALLPARK REVENUE FUND .............................................................. 119 SUBTITLE D. EVENTS DC AUTHORITY .................................................................... 119 SUBTITLE E. PARKSIDE PARCEL E AND J MIXED-INCOME APARTMENTS TAX ABATEMENT ........................................................................................................... 120 SUBTITLE F. OFF-PREMISES ALCOHOL TAX RATE ............................................ 120 SUBTITLE G. SUBJECT-TO-APPROPRIATIONS REPEALS AND MODIFICATIONS ............................................................................................................. 121 SUBTITLE H. COUNCIL PERIOD 23 RULE 736 AND OTHER REPEALS ............ 124 SUBTITLE I. DISTRICT HISTORY GRANT ................................................................ 125 SUBTITLE J. NATIONAL CHERRY BLOSSOM FESTIVAL FUNDRAISING ENROLLED ORIGINAL 4 MATCH ............................................................................................................................... 125 SUBTITLE K. MOTOR VEHICLE FUEL TAX ............................................................ 126 SUBTITLE L. NEW COMMUNITIES CLARIFICATION .......................................... 127 SUBTITLE M. QHTC TAX INCENTIVES MODIFICATION .................................... 127 SUBTITLE N. ADAMS MORGAN BID .......................................................................... 128 SUBTITLE O. SKYLAND TAX EXEMPTION .............................................................. 129 SUBTITLE P. COMBINED REPORTING TAX DEDUCTION DELAY.................... 129 SUBTITLE Q. ESTATE TAX ADJUSTMENT ............................................................... 130 SUBTITLE R. DISTRICT OF COLUMBIA LOW-INCOME HOUSING TAX CREDIT CLARIFICATION ............................................................................................. 131 SUBTITLE S. EXCLUDED WORKERS ......................................................................... 134 TITLE VIII. SPECIAL PURPOSE AND DEDICATED REVENUE FUNDS ................... 136 TITLE IX. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE ......................... 137 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Fiscal Year 2021 Budget Support Emergency Act of 2020”. TITLE I. GOVERNMENT DIRECTION AND SUPPORT SUBTITLE A. ARCHIVES ADVISORY GROUP Sec. 1001. Short title. This subtitle may be cited as the “Archives Advisory Group Emergency Act of 2020”. Sec. 1002. Archives Advisory Group. (a) There is established an Archives Advisory Group to advise the Council of the District of Columbia about Project AB102C in the District’s Capital Improvement Plan to construct a new archives facility for the District of Columbia. (b) The Archives Advisory Group shall consist of no fewer than 5 members and no more than 11 members, all appointed by the Chairman of the Council. (c) The Archives Advisory Group shall consider such matters as schedule, cost, and building attributes regarding a new archives facility. The group shall make recommendations to the Council whenever useful to the Council’s deliberative process. (d) The Archives Advisory Group shall have access to all draft and final documents relevant to planning and costing a new archives facility, including any feasibility study; provided, that requests for documents shall be made through the Chairman of the Council. (e) The Archives Advisory Group shall not be subject to the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571 et seq.); provided, that all meetings shall be open to the public. (f) Members of the Archives Advisory Group shall not be reimbursed for expenses, or compensated. Any other necessary resources shall be coordinated by the Secretary to the Council. ENROLLED ORIGINAL 5 SUBTITLE B. AUDIT ENGAGEMENT FUND Sec. 1011. Short title. This subtitle may be cited as the “Audit Engagement Fund Emergency Act of 2020”. Sec. 1012. Audit Engagement Fund. (a) There is established as a special fund the Audit Engagement Fund (“Fund”), which shall be administered by the Office of the District of Columbia Auditor in accordance with subsection (c) of this section. (b) The following shall be deposited into the Fund: (1) All unspent local fund monies remaining in the operating budget for the Office of the District of Columbia Auditor at the end of each fiscal year; and (2) Any other funds received on behalf of the Fund or the Office of the District of Columbia Auditor for the purpose of performing audits. (c) Money in the Fund shall be used for operating expenses related to performing audits. (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. Sec. 1013. Applicability. This subtitle shall apply as of July 31, 2020. SUBTITLE C. FREEZE ON PAY INCREASES AND BENEFITS Sec. 1021. Short title. This subtitle may be cited as the “Balanced Budget and Financial Plan Freeze on Salary Schedules, Benefits, and Cost-of-Living Adjustments Emergency Act of 2020”. Sec. 1022. Definitions. For the purposes of this subtitle, the term: (1) “CMPA” means the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq.). (2) “Covered agency” means an agency, office, or instrumentality of the District government and independent agencies, as defined in section 301(13) of the CMPA (D.C. Official Code § 1-603.01(13)); except, that the term “covered agency” does not include the District of Columbia Housing Authority, the District of Columbia Housing Finance Agency, the District of Columbia Public Charter School Board, the District of Columbia Water and Sewer Authority, the ENROLLED ORIGINAL 6 Not-for-Profit Hospital Corporation, the Board of Trustees of the University of the District of Columbia, or the Washington Convention and Sports Authority. (3) “Negotiated salary schedule” means a salary schedule specified in a collective bargaining agreement. (4) “Negotiated salary, wage, and benefits provision” means the salary and benefits provided in a collective bargaining agreement. (5) “Personnel authority” shall have the same meaning as set forth in section 301(14) of the CMPA (D.C. Official Code § 1-603.01(14)). Sec. 1023. Freeze on cost-of-living adjustments. Notwithstanding any other provision of law, rule, or collective bargaining agreement, an employee of a covered agency shall not receive a cost-of-living adjustment during the period from October 1, 2020, through September 30, 2021. Nothing in this subtitle shall be construed to prohibit collective bargaining on non-compensation issues. Sec. 1024. Maintenance of Fiscal Year 2020 salary schedules and benefits. Notwithstanding any other provision of law, collective bargaining agreement, memorandum of understanding, side letter, or settlement, whether specifically outlined or incorporated by reference, all Fiscal Year 2020 salary schedules of covered agencies shall be maintained during Fiscal Year 2021 and no increase in salary or benefits, including increases in negotiated salary, wage, and benefits provisions, and negotiated salary schedules, shall be provided in Fiscal Year 2021 from the Fiscal Year 2020 salary and benefits levels of covered agencies. Sec. 1025. Rules. To the extent authorized by the CMPA or other applicable law to issue rules to administer the salary or benefits program of a covered agency, the personnel authority for a covered agency may, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), issue rules to implement this subtitle. Sec. 1026. Revised revenue contingency. Notwithstanding any other provision of law, a portion of the amount of local recurring revenues included in the Chief Financial Officer’s revenue estimates issued prior to January 1, 2021, that exceeds the April 24, 2020, revenue estimate incorporated in the approved budget and financial plan for Fiscal Year 2021 shall be deposited in the Workforce Investment Account to satisfy the Fiscal Year 2021 negotiated salary adjustments set aside by section 1023 for employees in the bargaining units covered by the collective bargaining agreements approved pursuant to the Interest Arbitration Award and Collective Bargaining Agreement between the District of Columbia Public Schools and the Office of the State Superintendent of Education and ENROLLED ORIGINAL 7 the American Federation of State, County and Municipal Employees, District Council 20, Local 2921, AFL-CIO Emergency Approval Resolution of 2020, effective March 3, 2020 (Res. 23-374; 67 DCR 2735), and the Compensation Collective Bargaining Agreement between the District of Columbia Government and Compensation Units 1 and 2, FY 2018-FY2021, Approval Resolution of 2018, deemed approved February 23, 2018 (PR22-738); provided, that if amounts certified in a single revenue estimate are insufficient to satisfy the combined value of the negotiated salary adjustments under both agreements, the Mayor or appropriate personnel authority shall consult with the affected bargaining units as to how the available funds shall be allocated. Sec. 1027. Applicability. This subtitle shall apply as of July 31, 2020. SUBTITLE D. ADVISORY NEIGHBORHOOD COMMISSIONS TECHNICAL SUPPORT AND ASSISTANCE Sec. 1031. Short title. This subtitle may be cited as the “Advisory Neighborhood Commissions Technical Support and Assistance Emergency Amendment Act of 2020”. Sec. 1032. The Advisory Neighborhood Commissions Act of 1975, effective March 26, 1976 (D.C. Law 1-58; D.C. Official Code § 1-309.01 et seq.) is amended as follows: (a) Section 16(j)(3)(A)(iii) (D.C. Code § 1-309.13(j)(3)(A)(iii)), is amended by striking the phrase “shall return to the District’s General Fund” and inserting the phrase “shall be deposited in the Advisory Neighborhood Commissions Technical Support and Assistance Fund established in section 16a” in its place. (b) A new section 16a is added to read as follows: “Sec. 16a. Advisory Neighborhood Commissions Technical Support and Assistance Fund. “(a) There is established as a special fund the Advisory Neighborhood Commissions Technical Support and Assistance Fund (“Fund”), which shall be administered by the Office of Advisory Neighborhood Commissions in accordance with subsection (c) of this section. “(b) Money from the following sources shall be deposited in the Fund: “(1) Such amounts as may be appropriated to the Fund; and “(2) Any amounts allocated to Advisory Neighborhood Commissions pursuant to section 738(e) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 824; D.C. Code Official § 1-207.38(e)), that are forfeited pursuant to section 16(d)(3) or (j)(3) or unclaimed by the last day of the fiscal year. “(c) Money in the Fund shall be used to provide the following services and supports at the request of Advisory Neighborhood Commissions subject to such limitations or prioritization as the Office may establish due to limitation of funding: ENROLLED ORIGINAL 8 “(1) Planning, development, or procurement of a mobile or computer application to assist Advisory Neighborhood Commissioners with outreach and engagement with their constituents; “(2) Supplementing any funding allocated for communications access services, including sign language interpretation, computer-aided real-time transcription, and other services and supports, for Advisory Neighborhood Commissions; provided, that the funding allocated for this purpose proves insufficient; “(3) Ensuring that Advisory Neighborhood Commissions have access to remote meeting technologies necessary for their operations; “(4) Providing or procuring audio-visual technology and services to support Advisory Neighborhood Commissions; “(5) Providing or procuring printing services for Advisory Neighborhood Commissions; and “(6) Providing or procuring website assistance for Advisory Neighborhood Commissions. “(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.”. Sec. 1033. Applicability. This subtitle shall apply as of September 30, 2020. SUBTITLE E. RENEWABLE ENERGY FUTURE Sec. 1041. Short title. This subtitle may be cited as the “Renewable Energy Future Emergency Amendment Act of 2020”. Sec. 1042. The Department of General Services Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 10-551.01, et seq.), is amended as follows: (a) Section 1026 (D.C. Code § 10-551.05) is amended as follows: (1) Subsection (a) is amended as follows: (A) Paragraph (8) is amended by striking the phrase “; and” and inserting a semicolon in its place. (B) Paragraph (9) is amended by striking the period and inserting a semicolon in its place. (C) A new paragraph (10) is added to read as follows: ENROLLED ORIGINAL 9 “(10) Any study of the feasibility of initiating or expanding renewable energy generation, which shall include an analysis of the potential for capturing solar or other forms of renewable energy that is conducted pursuant to subsection (c-1) of this section.”. (2) A new subsection (c-1) is added to read as follows: “(c-1) The Department shall produce and publish on its website an analysis of the feasibility of initiating or expanding renewable energy generation, including an analysis of the potential for capturing solar or other forms of renewable energy at each District-owned property under the control of the Mayor on a rolling basis, with each property re-analyzed no less than once every 10 years.”. (b) A new section 1028d is added to read as follows: “Sec. 1028d. Renewable energy generation at District-owned properties. “(a) Subject to the availability of funding, the Department shall initiate or expand renewable energy generation at every District-owned property under the control of the Mayor where doing so is found feasible by the analysis required by section 1026(c-1). “(b) Notwithstanding the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2- 218.01 et seq.) (“CBE Act”), or any other provision of District law or regulation, any contract entered into to implement this section, absent a waiver pursuant to section 2351 of the CBE Act (D.C. Official Code § 2-218.51), shall: “(1) Be awarded to a qualified small business enterprise; provided, that if the Department determines that there are not at least 2 qualified small business enterprises that can provide the services or goods that are the subject of the contract, the Department may use any qualified certified business enterprise; or “(2) Require that at least 50% of the dollar volume of the contract shall be subcontracted to qualified small business enterprises; provided, that if there are insufficient qualified small business enterprises to meet the requirement and best efforts are made to ensure that qualified small business enterprises are significant participants in the overall subcontracting work, then the subcontracting requirement may be satisfied by subcontracting 50% of the dollar volume to any qualified certified business enterprise.”. SUBTITLE F. DC CENTER FOR THE LGBT COMMUNITY GRANT Sec. 1051. Short title. This subtitle may be cited as the “The DC Center for the LGBT Community Support Emergency Act of 2020”. Sec. 1052. For Fiscal Year 2021, the Department of General Services shall award the DC Center for the LGBT Community a grant in the amount of $70,000 to sustain its operations while the organization anticipates an upcoming move. ENROLLED ORIGINAL 10 SUBTITLE G. ACCESS TO JOBS Sec. 1061. Short title. This subtitle may be cited as the “Access to Jobs Emergency Amendment Act of 2020”. Sec. 1062. Section 3(b)(2) of the Office on Ex-Offender Affairs and the Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1302(b)(2)), is amended by adding new subparagraph (L) to read as follows: “(L) Establish and implement a pilot program to support the employment of 10 returning citizens through grants to employers for 2 years beginning in Fiscal Year 2021; provided, that: “(i) To qualify for the pilot program, an eligible employer shall: “(I) Register with the Office on Returning Citizen Affairs to accept applications for employment from eligible individuals; “(II) Demonstrate that potential employees in the pilot program have opportunities for advancement within the eligible employer’s organization or industry; “(III) Hire one or more eligible individuals who meet the requirements of sub-subparagraph (ii) of this subparagraph; “(IV) Be located within the District; “(V) Pay each employed eligible individual at least the minimum wage required pursuant to the Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1001 et seq.); “(VI) Employ each eligible individual for a minimum of 20 hours per week for a minimum of 8 weeks; “(VII) Submit an application; and “(VIII) Provide documentation as required by the Office on Returning Citizen Affairs to substantiate the satisfaction of each requirement of the pilot program for the participating eligible employer and for each eligible individual employed. “(ii) For an eligible employer to receive a grant for the employment of an eligible individual, the eligible individual must: “(I) Have been previously incarcerated; “(II) Be a resident of the District; “(III) Have completed a workforce development and life skills program within the District; and “(IV) Have been unemployed for a period of at least one month prior to being hired by the participating eligible employer. “(iii) Grants offered through the pilot program shall be disbursed: ENROLLED ORIGINAL 11 “(I) Initially, after an eligible employer has provided documentation substantiating that the eligible employer employed an eligible individual for a minimum of 20 hours per week for a minimum of 8 weeks; “(II) Subsequent to the initial disbursement, at the end of each month that the eligible individual is employed pursuant to the requirements of the pilot program; “(iv) The maximum amount of the grant disbursements offered through the pilot program to each participating eligible employer shall be: “(I) For the first year that an eligible individual is employed by a participating eligible employer, 40% of the minimum wage for a period not to exceed 40 hours per week and 2,080 hours per year for each eligible individual hired under the pilot program; and “(II) For the second year that an eligible individual is employed by the same participating eligible employer, 80% of the minimum wage for a period not to exceed 40 hours per week and 2,080 hours per year for each eligible individual hired under the pilot program. “(v)(I) The total amount of funding expended through the pilot program shall not exceed the amount budgeted for the pilot program. “(II) Eligible employers shall receive funding in the order that they successfully provide the documentation required pursuant to sub-subparagraph (i)(VII) of this subparagraph for the employment of an eligible individual. “(III) For each eligible individual for whom documentation successfully has been submitted, an amount of funds shall be set aside such that the eligible employer may be reimbursed for the employment of an eligible individual for a period no shorter than the remainder of the fiscal year during which the documentation was submitted, and the remainder of the assistance shall be subject to the availability of funding.”. SUBTITLE H. PARALEGAL PROGRAM ESTABLISHMENT Sec. 1071. Short title. This subtitle may be cited as the “Returning Citizen Paralegal Fellowship Initiative Pilot Program Emergency Amendment Act of 2020”. Sec. 1072. Section 3(b)(2) of the Office on Ex-Offender Affairs and the Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1302(b)(2)), is amended by adding a new subparagraph (M) to read as follows: “(M) Conduct a Paralegal Fellowship Initiative pilot program that places a cohort of returning citizen students in an accredited, university-based paralegal certification program located in the District of Columbia, while providing the students with support services necessary for their success.”. ENROLLED ORIGINAL 12 SUBTITLE I. NON-PROFIT FAIRNESS ANALYSIS Sec. 1081. Short title. This subtitle may be cited as the “Non-Profit Reimbursement Fairness Analysis Emergency Amendment Act of 2020”. Sec. 1082. Section 204(b) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-352.04(b)), is amended as follows: (a) Paragraph (15) is amended by striking the phrase “; and” and inserting a semicolon in its place. (b) Paragraph (16) is amended by striking the period and inserting the phrase “; and” in its place. (c) A new paragraph (17) is added to read as follows: “(17) To issue a report to the Mayor and the Council by April 1, 2021, that includes: “(A) A review and analysis of the funding of indirect costs in the terms of grant agreements or contracts entered into between nonprofit organizations and the District government; “(B) A table listing the federal funding associated with contracts or grants passed through to nonprofit organizations by the District government in Fiscal Year 2020, including any funding passed through to nonprofit organizations to meet their indirect costs and any funding retained by the District rather than being passed through for this purpose; and “(C) Any recommended amendments to law, regulations, policy, or training in order to ensure the legal, fair, and consistent funding of indirect costs to nonprofit organizations by the District.”. SUBTITLE J. INDIGENOUS PEOPLES’ DAY Sec. 1091. Short title. This subtitle may be cited as the “Indigenous Peoples’ Day Emergency Amendment Act of 2020”. Sec. 1092. Section 1202(a)(7) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-612.02(a)(7)), is amended by striking the phrase “Columbus Day” and inserting the phrase “Indigenous Peoples’ Day” in its place. ENROLLED ORIGINAL 13 Sec. 1093. Section 25-723(c)(1)(B) of the District of Columbia Official Code is amended by striking the phrase “Columbus Day” and inserting the phrase “Indigenous Peoples’ Day” in its place. Sec. 1094. Section 28-2701 of the District of Columbia Official Code is amended by striking the phrase “Columbus Day” and inserting the phrase “Indigenous Peoples’ Day” in its place. SUBTITLE K. CAMPAIGN FINANCE REFORM IMPLEMENTATION Sec. 1101. Short title. This subtitle may be cited as the “Campaign Finance Reform Implementation Emergency Amendment Act of 2020”. Sec. 1102. Section 1108(c-1) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1- 611.08(c-1)), is amended as follows: (a) Paragraph (9) is amended by striking the semicolon and inserting the phrase “; and” in its place. (b) Paragraph (10) is amended by striking the phrase “; and” and inserting a period in its place. (c) Paragraph (11) is repealed. Sec. 1103. The Campaign Finance Act of 2011, effective April 27, 2012 (D.C. Law 19- 124; D.C. Official Code § 1-1163.01 et seq.), is amended as follows: (a) Section 302a(h) (D.C. Official Code § 1-1163.02a(h)) is amended to read as follows: “(h) Members of the Campaign Finance Board, including the Chairperson, shall not receive compensation for their service on the Campaign Finance Board.”. (b) Section 309(b) (D.C. Official Code § 1-1163.09(b)) is amended to read as follows: “(b) The reports required by subsection (a) of this section shall be filed on the 10th day of March, June, August, October, and December in the 7 months preceding the date on which, and in each year during which, an election is held for the office sought, and 8 days before a special or general election, and also by the 31st day of January each year. In addition, the reports shall be filed on the 31st day of July of each year in which there is no election. The reports shall be complete as of the date prescribed by the Director of Campaign Finance, which shall not be more than 5 days before the date of filing, except that any contribution of $200 or more received after the closing date prescribed by the Director of Campaign Finance for the last report required to be filled before the election shall be reported within 24 hours after its receipt.”. Sec. 1104. Section 10 of the Campaign Finance Reform Amendment Act of 2018, effective March 13, 2019 (D.C. Law 22-250; 66 DCR 985), is amended to read as follows: ENROLLED ORIGINAL 14 “Sec. 10. Applicability. “(a) Sections 6(b)(4), (8), and (22), and (pp), 8, and 9: “(1)(A) 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)(i) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register. “(ii) The date of publication of the notice of the certification shall not affect the applicability of sections 6(b)(4), (8), and (22), and (pp), 8, and 9. “(2) Shall not apply to contracts, as defined in section 101(10C)(A)(ii) of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01(10C)(A)(ii)), including those contracts’ option periods or similar contract extensions or modifications, sought, entered into, or executed before the applicability date of sections 6(b)(4), (8), and (22), and (pp), 8, and 9. “(b)(1) Notwithstanding any other law, the functions and duties transferred to the Campaign Finance Board pursuant to this act shall continue to be implemented by the Elections Board or the Director of Campaign Finance, as applicable, until the date that the Campaign Finance Board has a quorum of members. “(2) All rules, orders, obligations, determinations, grants, contracts, licenses, and agreements of the Board of Elections transferred to the Campaign Finance Board under this act shall continue in effect according to their terms until lawfully amended, repealed, or modified.”. TITLE II. ECONOMIC DEVELOPMENT AND REGULATION SUBTITLE A. BUSINESS RECOVERY TASK FORCE ESTABLISHMENT Sec. 2001. Short title. This subtitle may be cited as the “Business Recovery Task Force Establishment Emergency Act of 2020”. Sec. 2002. There is established the Business Recovery Task Force (“Task Force”) to provide recommendations to the Mayor and Council regarding the recovery of the District’s businesses following the end of the COVID-19 emergency. Sec. 2003. Membership; appointment; staff; meetings. (a) The Task Force shall be composed of: (1) The following government members, or their designees: (A) The Deputy Mayor for Planning and Economic Development; ENROLLED ORIGINAL 15 (B) The Director of the Department of Small and Local Business Development (“Department”); and (C) The Chairperson of the Council’s Committee on Business and Economic Development; and (2) Eight representatives of business enterprises, one from each Ward, all of whom shall be District residents, who collectively represent industries and geographical areas hardest hit by the COVID-19 emergency, with at least one representative being an owner of an equity impact enterprise as defined by section 2302(8A) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16- 33; D.C. Official Code § 2-218.02(8A)) (“CBE Act”). (b) The business representatives shall be appointed by the Chairman of the Council after receiving recommendations made by the Chairperson of the Council Committee on Business and Economic Development and shall serve without compensation. (c) The Chairperson of the Task Force shall be designated by the Chairperson of the Council’s Committee on Business and Economic Development from among the business representatives. (d) The Department shall provide administrative support for the Task Force. (e) If, when all the members have been appointed and the Task Force is functioning, the COVID-19 emergency is still in effect, the Task Force shall convene monthly. After the COVID- 19 emergency has been lifted, the Task Force shall meet not less frequently than quarterly until dissolved. Sec. 2004. Reporting requirement. Within 180 days after the appointment of the appointed members, the Task Force shall submit a report to the Mayor and the Council that addresses the following: (1) Recommendations to identify and access available technical and financial assistance opportunities, including the Small Business Administration Disaster Relief funds and other federal funds as they become available; (2) Support for outreach and educational efforts to small businesses; and (3) Long-term policy recommendations for economic recovery of small businesses following the COVID-19 emergency. Sec. 2005. Definitions. For the purposes of this subtitle, term: (1) “COVID-19 emergency” means the public health emergencies declared in the Declaration of Public Emergency (Mayor’s Order 2020-045) together with the Declaration of Public Health Emergency (Mayor’s Order 2020-046), declared on March 11, 2020, including any extension of those declared emergencies. (2) “Small business enterprise” shall have the same meaning as provided in 2302(16) of the CBE Act (D.C. Official Code § 2-218.02(16)). ENROLLED ORIGINAL 16 Sec. 2006. Sunset. The Task Force shall dissolve, and this subtitle shall expire as of the date the Task Force submits the report required by section 2004. SUBTITLE B. NEW YORK AVENUE, N.E., RETAIL PRIORITY AREA EXPANSION Sec. 2011. Short title. This subtitle may be cited as the “New York Avenue, N.E., Retail Priority Area Expansion Emergency Amendment Act of 2020”. Sec. 2012. Section 4(k) of the Retail Incentive Act of 2004, effective September 8, 2004 (D.C. Law 15-185; D.C. Official Code § 2-1217.73(k)), is amended by adding a new paragraph (3) to read as follows: “(3) In addition to the areas described in paragraphs (1) and (2) of this subsection, the New York Avenue, N.E., Retail Priority Area shall consist of the area beginning at the intersection of Montello Avenue, N.E., and Florida Avenue, N.E., continuing northeast along Montello Avenue, N.E., until Mt. Olivet Road, N.E.”. SUBTITLE C. OPPORTUNITY ZONE TAX BENEFITS Sec. 2021. Short title. This subtitle may be cited as the “Aligning Opportunity Zone Tax Benefits with DC Community Priorities Emergency Amendment Act of 2020”. Sec. 2022. Title 47 of the District of Columbia Official Code is amended as follows: (a) Section 47-1801.04 is amended by adding new paragraphs (39A), (39B), (39C), and (39D) to read as follows: “(39A) “Qualified opportunity fund” shall have the same meaning as set forth in section 1400Z-2 of the Internal Revenue Code of 1986, approved December 22, 2017 (131 Stat. 2184; 26 U.S.C. § 1400Z-2) (“section 1400Z-2”). “(39B) “Qualified opportunity zone” shall have the same meaning as set forth in section 1400Z-2. “(39C) “Qualified opportunity zone business” shall have the same meaning as set forth in section 1400Z-2. “(39D) “Qualified opportunity zone business property” shall have the same meaning as set forth in section 1400Z-2.”. (b) Section 47-1803.03(a) is amended by adding a new paragraph (20) to read as follows: “(20) Capital Gains. -- ENROLLED ORIGINAL 17 “(A) Deferral of a capital gains tax payment for investing in a qualified opportunity fund (“QOF”) shall be realized only if the taxpayer invests in a QOF that meets the criteria set forth in subparagraph (D) of this paragraph; “(B) Reduction of capital gains tax liability through a 10% step-up in basis, if invested in a QOF for 5 years prior to December 31, 2026, and an additional 5% step-up in basis, if invested in a QOF for 7 years prior to December 31, 2026, shall be realized only if the taxpayer invests in a QOF that meets the criteria set forth in subparagraph (D) of this paragraph; “(C) Abatement of capital gains tax on an investment of capital gains in a QOF for at least 10 years before December 31, 2047, shall be realized only if the taxpayer invests in a QOF that meets the criteria set forth in subparagraph (D) of this paragraph; “(D) To receive the benefits described in subparagraphs (A), (B), and (C) of this paragraph, the taxpayer shall: “(i) Invest in a QOF that: “(I) Is certified by the Mayor as an eligible QOF pursuant to subparagraph (E) of this paragraph; “(II) Has invested at least the value of the taxpayer’s investment in the QOF in a qualified opportunity zone in the District; and “(III) Has submitted its IRS Form 8996 to the Office of Tax and Revenue for the tax year in which the taxpayer is seeking the benefits described in subparagraphs (A), (B), and (C) of this paragraph; and “(ii) Submit an IRS Form 8997 to the Office of Tax and Revenue for the tax year in which the taxpayer is seeking the benefits described in subparagraphs (A), (B), and (C) of this paragraph. “(E) To be certified by the Mayor as an eligible QOF, a QOF shall submit to the Mayor documentation showing: “(i) That some or all of its investments in qualified opportunity zone businesses and qualified opportunity zone business property are in businesses or property that: “(I) Have been selected by the District government for a grant, loan, tax incentive, tax abatement, or other benefit or incentive intended to promote economic or community development in the District; “(II) Have been selected by the Office of the Deputy Mayor for Planning and Economic Development to manage the redevelopment of a property, with respect to a business, or that are owned or disposed of by the District government, with respect to a property; “(III) Have an unconditioned resolution of support from the Advisory Neighborhood Commission in which the business or property is located or a conditional resolution of support from the Advisory Neighborhood Commission in which the business or property is located and the Mayor determines that each of the conditions of the resolution have been met; or ENROLLED ORIGINAL 18 “(IV) Are located in the District and have been scored by the QOF using the Urban Institute’s Opportunity Zone Community Impact Assessment Tool, or other assessment tool approved by the Mayor, and received a score of 75 (or its equivalent) or greater; and “(ii) That the dollar amount of the investments that the QOF has made in qualified opportunity zone businesses and qualified opportunity zone business property meet the standards set forth in sub-subparagraph (i) of this subparagraph.”. SUBTITLE D. STREETSCAPE BUSINESS DEVELOPMENT RELIEF Sec. 2031. Short title. This subtitle may be cited as the “Streetscape Business Development Relief Fund Expansion Emergency Amendment Act of 2020”. Sec. 2032. Section 603 of the Streetscape Fund Amendment Act of 2010, effective April 8, 2011 (D.C. Law 18-370; D.C. Official Code § 1-325.191), is amended as follows: (a) Subsection (c) is amended as follows: (1) Strike the phrase “to any individual” and insert the phrase “to a District Main Streets Program organization or individual” in its place. (2) Strike the phrase “business inside or adjoining” and insert the phrase “business within the project boundaries of or adjoining” in its place. (3) Strike the phrase “grant, a retail business” and insert the phrase “grant, a District Main Streets Program organization or individual or entity operating a retail business” in its place. (4) Strike the phrase “submitted by the retail” and insert the phrase “submitted by the District Main Street Program organization or individual or entity operating a retail” in its place. (b) A new subsection (e) is added to read as follows: “(e) Within 180 days of the end of the Fiscal Year 2020, and every year thereafter, the Department of Small and Local Business Development shall submit a report to the Council detailing all loans, grants, and sub-grants issued pursuant to this section, including information on the dollar amount disbursed, recipients of financial assistance, and whether the recipient is a certified business enterprise.”. SUBTITLE E. EQUITY IMPACT ENTERPRISE ESTABLISHMENT Sec. 2041. Short title. This subtitle may be cited as the “Equity Impact Enterprise Establishment Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 19 Sec. 2042. The Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.), is amended as follows: (a) The table of contents is amended by adding a new part D-i to read as follows: “Part D-i. Programs for equity impact enterprises. “Sec. 2377. Equity impact enterprise.”. (b) Section 2302 (D.C. Official Code § 2-218.02) is amended by adding a new paragraph (8A) to read as follows: “(8A) “Equity impact enterprise” means a business enterprise that is a resident- owned business and a small business enterprise that can demonstrate that it is at least 51% owned by an individual who is, or a majority number of individuals who are: “(A) Economically disadvantaged individuals; or “(B) Individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities.”. (c) Section 2343(a) (D.C. Official Code § 2-218.43(a)) is amended as follows: (1) Paragraph (1) is amended as follows: (A) Subparagraph (G) is amended by striking the phrase “; and” and inserting a semicolon in its place. (B) Subparagraph (H) is amended by striking the period and inserting the phase “; and” in its place. (C) A new subparagraph (I) is added to read as follows: “(I) Five points for an equity impact enterprise.”. (2) Paragraph (2) is amended as follows: (A) Subparagraph (G) is amended by striking the phrase “; and” and inserting a semicolon in its place. (B) Subparagraph (H) is amended by striking the period and inserting the phase “; and” in its place. (C) A new subparagraph (I) is added to read as follows: “(I) Ten percent for an equity impact enterprise.”. (d) Section 2347 (D.C. Official Code § 2-218.47) is amended to read as follows: “Sec. 2347. Unbundling requirement; rulemaking requirement. “(a)(1) No later than January 1, 2021, the Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules on unbundling that include procedures to ensure that solicitations are subdivided and unbundled and that smaller contracts are created to the extent feasible and fiscally prudent. “(2) The proposed rules required by paragraph (1) of this subsection shall be submitted to the Council for a 30-day period of review, excluding days of Council recess. If the ENROLLED ORIGINAL 20 Council does not approve or disapprove the proposed rules by resolution within the 30-day review period, the proposed rules shall be deemed approved. “(b) Beginning on January 1, 2021, and quarterly thereafter, the Department shall publicly make available on its website solicitations that have been subdivided and unbundled. “(c) Five years from the effective date of the Equity Impact Enterprise Establishment Amendment Act of 2020, passed on 2nd reading on July 28, 2020 (Enrolled version of Bill 23- 760), the Mayor shall evaluate the effectiveness of the equity impact enterprise program and whether or not it has resulted in creating more contracting opportunities for equity impact enterprises and submit the evaluation to the Council. “(d) The Department shall provide targeted technical assistance, networking opportunities, and vendor workshops to prepare equity impact enterprises to compete for contracting and procurement opportunities.”. (e) Section 2349(b) (D.C. Official Code § 2-218.49(b)) is amended to read as follows: “(b) No later than October 1, 2020, the Mayor shall implement a pilot program for equity impact enterprises.”. (f) Section 2375(d)(1) (D.C. Official Code § 2-218.75(d)(1)) is amended by striking the phrase “or a resident-owned business enterprises pursuant to section 2235” and inserting the phrase “a resident-owned business enterprise pursuant to section 2235, or an equity impact enterprise as defined in section 2302(8A)” in its place. (g) A new Part D-i is added to read as follows: “Part D-i. Programs for Equity impact enterprises. “Sec. 2377. Equity impact enterprise. “An equity impact enterprise, as defined in section 2302(8A), shall be eligible for certification as an impact enterprise.”. Sec. 2043. Section 2 of the Minority and Women-Owned Business Assessment Act of 2008, effective March 26, 2008 (D.C. Law 17-136; D.C. Official Code § 2-214.01), is amended as follows: (a) Subsection (a) is amended as follows: (1) Paragraph (2) is amended by striking the phrase “; and” and inserting a semicolon in its place. (2) Paragraph (3) is amended by striking the period and inserting the phrase “; and” in its place. (3) A new paragraph (4) is added to read as follows: “(4) Ensure all District agencies with procurement authority, including independent agencies, are trained to evaluate, collect, and accurately track spending data as well as demographic data such as race and gender, upon request of District contract and procurement awardees, to better assess the District utilization of equity impact enterprises, minority-owned prime contractors and subcontractors, and women-owned prime contractors and subcontractors.”. (b) Subsection (b-1) is amended as follows: ENROLLED ORIGINAL 21 (1) The lead-in language of paragraph (1) is amended to read as follows: “In Fiscal Year 2021, the Mayor shall contract with a person or entity to conduct a District-based study (“disparity study”) to:”. (2) A new paragraph (1A) is added to read as follows: “(1A) All agencies with procurement authority, including independent agencies, shall coordinate with the Executive Office of the Mayor to provide timely and accurate information to assist with the completion of the disparity study.”. (3) Paragraph (2) is amended by striking the phrase “270 days after October 30, 2018” and inserting the phrase “450 days after October 30, 2020” in its place. SUBTITLE F. DMPED LIMITED GRANT-MAKING AUTHORITY Sec. 2051. Short title. This subtitle may be cited as the “Deputy Mayor for Planning and Economic Development Limited Grant Making Authority Emergency Amendment Act of 2020”. Sec. 2052. Section 2032 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), is amended as follows: (a) Subsection (d) is amended as follows: (1) Paragraph (2) is amended by striking the phrase “; and” and inserting a semicolon in its place. (2) Paragraph (3) is amended by striking the period and inserting a semicolon in its place. (3) New paragraphs (4), (5), and (6) are added to read as follows: “(4)(A) Funds to equity impact enterprises operating in Ward 5, 7, or 8 to increase economic or community development in an underserved area of the District; “(B) For the purposes of this paragraph, the term “equity impact enterprise” shall have the same meaning as set forth in section 2302(8A) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(8A)); “(5) Funds to provide real property tax rebates pursuant to D.C. Official Code § 47-4665, in amount not to exceed $3 million in a fiscal year; except, that in Fiscal Year 2021, the amount shall not exceed $580,366; “(6) Beginning in Fiscal Year 2021 and annually thereafter, the Deputy Mayor shall award a grant of not less than $200,000 to an organization that advances equitable economic development by facilitating and increasing the number of procurement contracts for products and services between District-based businesses and large-scale anchor institutions, such as universities and hospitals.”. (b) A new subsection (i) is added to read as follows: ENROLLED ORIGINAL 22 “(i)(1) Notwithstanding section 1094 of the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.13), in Fiscal Year 2021, the Deputy Mayor shall award a grant to a bank chartered under the laws of the District on or before March 11, 2020, in an amount of at least $1 million for purposes that: “(A) Support an equitable economic recovery for the District of Columbia; and “(B) Increase access to loans, grants, financial services, and banking products to District residents, businesses, nonprofits, and community-based organizations. “(2) A grantee who receives a grant pursuant to paragraph (1) of this subsection shall submit to the Deputy Mayor by September 30, 2021, information on the use of the grant funds, including: “(A) A description of services provided through the grant funds; “(B) The aggregate number of individuals, businesses, nonprofits, and community-based organization, by recipient type, receiving support from the grantee and the aggregate amount received, by recipient type; “(C) Except as may be prohibited by federal law, the business name and address for each business receiving support from the grantee and the amount received by each such business; and “(D) The number of homeowners receiving support from the grantee and the total amount spent to assist District homeowners. “(3) The Deputy Mayor shall provide to the Council a report based on the information required by paragraph (2) of this subsection, along with a summary analysis of the efficacy and benefits of the grants issued by the grantee, by November 1, 2021.”. Sec. 2053. Section 47-4665 of the District of Columbia Official Code is amended as follows: (a) The lead-in language of subsection (b) is amended by striking the phrase “shall receive,” and inserting the phrase “may receive” in its place. (b) The lead-in language of subsection (c)(1) is amended by striking the phrase “shall be equal” and inserting the phrase “shall be equal, subject to the availability of funds,” in its place. (c) Subsection (f) is amended as follows: (1) The existing text is designated as paragraph (1). (2) A new paragraph (2) is added to read as follows: “(2) Notwithstanding paragraph (1) of this subsection, the total combined rebate payments for Fiscal Year 2021 for all occupants under this section shall not exceed $580,366.”. SUBTITLE G. TAX ABATEMENTS FOR AFFORDABLE HOUSING Sec. 2061. Short title. This subtitle may be cited as the “Tax Abatements for Affordable Housing in High-Need Areas Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 23 Sec. 2062. Chapter 8 of Title 47 of the District of Columbia Official Code is amended as follows: (a) The table of contents is amended by adding a new section designation to read as follows: “47-860. Tax abatement for affordable housing in high-need affordable housing areas.”. (b) A new section 47-860 is added to read as follows: “§ 47-860. Tax abatement for affordable housing in high-need affordable housing areas. “(a) Real property tax imposed by § 47-811 on real property certified as eligible pursuant to subsection (d) of this section shall be abated for the period set forth in subsection (c) of this section; provided, that: “(1) The real property is located in a high-need affordable housing area; “(2) The real property is designated by the Mayor pursuant to subsection (b) of this section; “(3) For the duration of the period set forth in subsection (c) of this section, at least one third of the housing units developed or redeveloped on the real property are affordable to and rented by households earning on average 80% or less of the median family income; provided, that during such period no such household earn more than 100% of the median family income; “(4) The developer files a covenant in the land records of the District, binding on the developer and all of its successors in interest with respect to the property, covenanting to comply with the requirements of paragraph (3) of this subsection; “(5) The developer enters into an agreement with the District that requires the developer to, at a minimum, contract with certified business enterprises for at least 35% of the contract dollar volume of the construction and operations of the project, in accordance with section 2346 of the CBE Act (D.C. Official Code § 2-218.46); “(6) The developer enters into a First Source Agreement for the operations of the project; and “(7) The developer enters into an agreement with the Mayor setting forth the requirements of this subsection and such other terms and conditions as the Mayor considers appropriate. “(b) The Mayor may, through a competitive process, designate real property to be eligible to receive a tax abatement under this section; provided, that the total amount of the tax abatements associated with real property designated by the Mayor pursuant to this subsection shall not exceed $200,000 in Fiscal Year 2024 and shall not exceed $4 million annually thereafter. “(c) The tax abatement provided for by this section shall begin in the tax year immediately following the tax year during which the certificate of occupancy was issued for the final housing unit counted toward satisfying the affordability requirement of subsection (a)(3) of this section and shall continue until the end of the 30th tax year after the tax year during which ENROLLED ORIGINAL 24 such certificate of occupancy is issued; provided, that the Mayor may opt to continue the tax abatement provided for by this section until the end of the 40th tax year after the tax year during which such certificate of occupancy is issued; provided further, that the tax abatement provided for by this section shall not begin before October 1, 2023. “(d)(1) The Mayor shall certify to the Office of Tax and Revenue a real property’s eligibility for the abatement provided by this section. The Mayor’s certification shall include: “(A) A description of the real property by street address, square, suffix, and lot; “(B) The date the certificate of occupancy was issued for the final housing unit counted toward satisfying the affordability requirements of subsection (a)(3) of this section; “(C) The date the tax abatement begins and ends under subsection (c) of this section; “(D) A statement that the conditions specified in subsection (a) of this section have been satisfied; and “(E) The amount of abatement allocated to the property pursuant to subsection (b) of this section; and “(F) Any other information that the Mayor considers necessary or appropriate. “(2) If at any time the Mayor determines that the real property has become ineligible for the abatement provided by this section, the Mayor shall notify the Office of Tax and Revenue and shall specify the date that the property became ineligible. The entire property shall be ineligible for the abatement on the first day of the tax year following the date when the ineligibility occurred. “(e) The tax abatement provided by this section shall be in addition to, not in lieu of, any other tax relief or assistance from any other source. “(f) The requirements of the First Source Act shall not apply to the construction or development of a project developed on real property designated by the Mayor pursuant to subsection (b) of this section. “(g) For the purposes of this section, the term: “(1) “CBE Act” means the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.). “(2) “Certified business enterprise” means a business enterprise or joint venture certified pursuant to the CBE Act. “(3) “Developer” means the owner of housing units on real property eligible for a tax abatement under this section. “(4) “First Source Act” means the First Source Employment Agreement Act of 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Official Code § 2-219.01 et seq.). “(5) “First Source Agreement” means an agreement with the District governing certain obligations of the Developer pursuant to section 4 of the First Source Act (D.C. Official ENROLLED ORIGINAL 25 Code § 2-219.03), and Mayor’s Order 83-265, dated November 9, 1983, regarding job creation and employment. “(6) “High-need affordable housing area” means the 4 planning areas identified in the District’s Housing Equity Report, published in October 2019, with the highest dedicated affordable housing production goals (Rock Creek West, Rock Creek East, Capitol Hill, and Upper Northeast), plus 1,000 feet in any direction beyond any of those 4 planning area boundaries. “(7) “Median Family Income” has the meaning set forth in section 101(5) of the Inclusionary Zoning Implementation Amendment Act of 2006, effective September 23, 2017 (D.C. Law 16-275; D.C. Official Code § 6-1041.01(5)).”. “(h) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue regulations to implement this section.”. SUBTITLE H. HEALTHCARE WORKFORCE PARTNERSHIP Sec. 2071. Short title. This subtitle may be cited as the “Healthcare Workforce Partnership Establishment Emergency Act of 2020”. Sec. 2072. Definitions. (1) “HWI grant” means the grant awarded to the Intermediary pursuant to section 2073. (2) “Intermediary” means the entity selected to be the Healthcare Workforce Intermediary pursuant to section 2073. (3) “Partnership” means the Healthcare Workforce Partnership established pursuant to section 2075. (4) “Training” means occupational skills training for occupations in the healthcare sector. (5) “WIC” means the Workforce Investment Council. (6) “WIOA” means the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1425; 29 U.S.C. § 3101 et seq.). Sec. 2073. Establishment of a Healthcare Workforce Intermediary. (a)(1) By December 1, 2020, the WIC shall select, through award of a grant, the Healthcare Workforce Intermediary to establish, convene, and assist the Healthcare Workforce Partnership. (2) Consistent with Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), the WIC shall issue multi-year grants for a period of 4 years, subject to the availability of funds. (b) The entity selected to be the Intermediary shall: ENROLLED ORIGINAL 26 (1) Be a nonprofit organization, industry association, or community-based organization; (2) Have a proven track record of success convening healthcare sector employers or have a significant role in the healthcare sector; (3) Have existing relationships with training providers; and (4) Have a proven track record of successful fundraising. (c) Over the course of the HWI grant, the WIC shall: (1) Provide technical assistance to the Partnership through the Intermediary, which may include: (A) Assisting the Partnership in obtaining data and information from District agencies; (B) Providing the Partnership with customized labor market and economic analysis; (C) Providing the Partnership with education and guidance on WIOA; and (D) Providing the Partnership with information on the number of District residents that training providers have the capacity to train in healthcare occupations; (2) Submit to the Partnership for feedback the proposed statement of work for any grant solicitation for the provision of training at least 30 days before issuing the request for proposals; and (3) Use the Partnership’s Healthcare Occupations Reports to align District government funded workforce development training with current and future healthcare sector hiring needs in the District. Sec. 2074. Intermediary duties. The Intermediary shall: (1) By July 1, 2021: (A) Appoint members to the Partnership consistent with the criteria specified in section 2075(b)(3); (B) Convene at least 4 Partnership meetings; (C) Compose and transmit to the WIC the Partnership’s first Healthcare Occupations Report, as described in section 2075(e); (2) For the duration of the grant: (A) Provide administrative support to the Partnership; (B) Convene Partnership meetings at least quarterly; (C) Compile and transmit to the WIC feedback from the Partnership on any statement of work for a proposed grant solicitation for the provision of training no more than 15 days after receiving the statement of work pursuant to section 2073(d)(2); (D) Work with the Partnership to coordinate and ensure provision of career coaching, screening and referral services, practice interviews, and job fairs for healthcare sector employment for qualified District training graduates; ENROLLED ORIGINAL 27 (E) Facilitate requests for professional development and learning opportunities for training providers and training participants at healthcare facilities; (F) Annually, compose and transmit the Partnership’s Healthcare Occupations Report, as described in section 2075(e); and (G) Perform additional duties on behalf of the Partnership consistent with the purposes of this subtitle and as funds permit; and (3) During the fourth year of the HWI grant, raise private funds equal to the value of the HWI grant for that year, which the Intermediary shall reserve for use until after the expiration of the HWI grant in order to sustain the Partnership without dedicated District government funding. Sec. 2075. Healthcare Workforce Partnership. (a) The Intermediary shall establish the Healthcare Workforce Partnership, which shall work to increase the number of District residents employed in the healthcare sector and to meet the staffing needs of District healthcare employers, particularly of hospitals that receive District government funds. (b)(1) The Director of the WIC, or the Director’s designee, shall serve as a member of the Partnership. (2) The Intermediary shall serve as a member of the Partnership and shall appoint community members in consultation with the WIC. (3) Community members, the majority of which shall be healthcare sector employers, shall consist of the following: (A) At least 5 employer representatives of the District’s healthcare sector, which shall represent a variety of healthcare disciplines; (B) At least one representative of a healthcare industry trade association; (C) At least one representative from a labor organization that represents healthcare workers; (D) At least one representative from a nonprofit organization that offers training programs; and (E) At least one representative from an adult education integrated education and training program, as defined in 34 C.F.R. § 463.35, in the healthcare sector. (c) Community members shall serve for the duration of the HWI grant and may be reappointed. (d) The Partnership shall meet at least once each quarter for the duration of the HWI grant. (e) No later than July 1, 2021, and annually thereafter in advance of the start of a new fiscal year, the Partnership shall submit to the WIC, through the Intermediary, its Healthcare Occupations Report, which shall contain the following: ENROLLED ORIGINAL 28 (1) Recommendations of 3 to 5 healthcare occupations requiring less than a bachelor’s degree, which may include occupations for which incumbent workers may be upskilled, in which the District should invest in training; (2) A summary of the occupational hiring needs of hospitals receiving or committed to receive District government funds, including an estimate of the number of workers needed, disaggregated by healthcare occupation; (3) A recommendation of the number of District residents the WIC should train in the occupations identified pursuant to paragraph (1) of this subsection; (4) A list of occupational skills required to obtain employment in the occupations identified pursuant to paragraph (1) of this subsection; (5) Recommendations of curricula for training in the occupations identified pursuant to paragraph (1) of this subsection; (6) An explanation of the feasibility of providing virtual training or distance learning, and recommendations to implement virtual training; (7) Customized healthcare career pathway maps for the occupations identified pursuant to paragraph (1) of this subsection; (8) Recommendations of strategies and tactics to increase the capacity of training providers to train District residents; and (9) Recommendations to attract District residents to, and retain District residents in, the occupations identified pursuant to paragraph (1) of this subsection, including necessary tactics to increase candidates’ hard and soft skills and to reduce barriers to employment. Sec. 2076. Establishment of a healthcare training program. (a) By September 1, 2021, the WIC shall establish a healthcare training program (“program”) to fund or arrange for training of District residents in a minimum of 2 healthcare occupations identified in the Partnership’s first Healthcare Occupations Report, issued pursuant to section 2075(e), which may include one occupation for upskilling of incumbent workers. (b) To provide training, the WIC may: (1) Issue healthcare training grants (“grants”) to train providers, pursuant to section 4(c) of the Workforce Investment Implementation Act of 2000, effective July 18, 2000 (D.C. Law 13-150; D.C. Official Code § 32-1603(c)); or (2) Partner with the University of the District of Columbia Community College or Office of the State Superintendent of Education. (c)(1) If the program includes a grant, subject to availability of funds, each grant shall be for not less than $100,000 per year for 3 years to provide training for District residents. (2) To be eligible for a grant, a grantee shall: (A) Be licensed by the Higher Education Licensure Commission as a post-secondary institution, degree or non-degree seeking; (B) Agree to utilize the training curricula recommended by the Partnership pursuant to section 2075(e)(5); and ENROLLED ORIGINAL 29 (C) Demonstrate consistent successful attainment of the following benchmarks for its training participants: (i) Completion of training; (ii) Credential attainment; (iii) Unsubsidized employment in the occupation of training; and (iv) Retention of employment for 6 months or longer in the occupation of training. (3) Preference shall be given to grant applicants utilizing an integrated education and training model, as defined 34 C.F.R. § 463.35. (d)(1) The WIC shall utilize WIOA common performance measures to track program performance. (2) The WIC shall report on the performance of the program as required by section 102 of the Workforce Development System Transparency Amendment Act of 2018, effective May 5, 2018 (D.C. Law 22-95; D.C. Official Code § 32-1622). (e) The WIC shall make its best effort to use WIOA Title I funds to issue any grants authorized in this section. Sec. 2077. Monitoring and evaluation. By August 1, 2021, and annually thereafter, the WIC shall transmit to the Mayor and the Council the Healthcare Occupation Report developed by the Partnership pursuant to section 2075(e). SUBTITLE I. DC INFRASTRUCTURE ACADEMY EMPLOYER ENGAGEMENT Sec. 2081. Short title. This subtitle may be cited as the “DC Infrastructure Academy Employer Engagement Emergency Amendment Act of 2020”. Sec. 2082. The Youth Employment Act of 1979, effective January 5, 1980 (D.C. Law 3- 46; D.C. Official Code § 32-241 et seq.), is amended as follows: (a) Section 2 (D.C. Official Code § 32-241) is amended as follows: (1) A new paragraph (1A) is added to read as follows: “(1A) “Committees” means the Industry Advisory Committees established pursuant to section 2f.”. (2) A new paragraph (2A) is added to read as follows: “(2A) “DCIA” means the DC Infrastructure Academy established by the Mayor.”. (b) Section 2a(a-2) (D.C. Official Code § 32-242(a-2)) is repealed. (c) New sections 2e and 2f are added to read as follows: “Sec. 2e. DC Infrastructure Academy. “(a) In addition to duties the Mayor prescribes, the DCIA shall: ENROLLED ORIGINAL 30 “(1) Provide occupational skills training (“skills training”) annually in industries for which there is significant demand regionally or by a major employer, including construction, infrastructure, and information technology; “(2) Provide occupational skills training designed to meet the needs of employers by: “(A) Aligning skills training, where appropriate, with the annual recommendations the committees submit to the DCIA pursuant to section 2f(c); “(B)(i) Submitting a proposed curriculum, at least 30 calendar days prior to the start of any skills training taught by DCIA staff, to the relevant committee for its feedback; and “(ii) Taking into consideration any feedback from a committee when implementing any skills trainings taught by DCIA staff; “(C)(i) Submitting to the relevant committee, at least 30 calendar days before soliciting applications or bids on a grant or contract to provide skills training, a request that the committee review a grant or contract solicitation’s proposed scope of work; and “(ii) Considering any feedback received from a committee when preparing statements of work for grants and contracts to provide skills training; and “(D) For any customized skills training provided specifically for a particular employer, seeking input from the employer consistent with the requirements outlined in subparagraphs (B) and (C) of this paragraph; “(3) Provide test preparation sessions and practice exams to ready participants to obtain the occupational credentials the committees identify in their annual reports pursuant to section 2f(c)(4); and “(4) Provide job referrals, as defined in 20 C.F.R. § 651.10, to employers in the industry sectors in which training is offered pursuant to paragraph (1) of this subsection for all qualified graduates of DCIA training programs. “(b) DCIA skills training may include: “(1) Training services enumerated in section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1529; 29 U.S.C. § 3174(c)(3)(D)); “(2) Supportive services, as defined in 20 C.F.R. § 651.10; “(3) Integrated education and training, as defined in 34 C.F.R. § 463.35; “(4) Workforce preparation activities, as defined in 34 C.F.R. § 463.34; and “(5) Job development, as defined in 20 C.F.R. § 651.10. “(c)(1) At least 66% of the participants receiving skills training through the DCIA each fiscal year shall be trained in occupations that pay an average wage that is at least 150% of the minimum wage specified in section 4 of the Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1003). “(2) At least 25% of the value of each grant or contract with a skills training provider shall be contingent on the provider achieving at least one of the following results: ENROLLED ORIGINAL 31 “(A) At least 75% of the provider’s participants receive an industry- recognized credential; and “(B) At least 80% of the provider's participants enter permanent, unsubsidized employment in the occupation of training. “Sec. 2f. Industry advisory committees. “(a)(1) The Director shall establish industry advisory committees to advise DCIA on occupational skills training offerings with the goal of aligning DCIA’s trainings with industry hiring needs. “(2) There shall be one committee per industry sector in which DCIA offers occupational skills training pursuant to section 2e(a)(1). “(3) Each committee shall consist of representatives of at least 2 employers from the relevant industry sector, whom the Director shall appoint. “(4)(A) The Director shall make initial appointments to the committees within 30 days of the effective date of this subtitle. “(B) Committee members shall disclose all existing and potential conflicts of interest to the Director. No committee member may, in any manner, directly or indirectly, participate in a deliberation upon, or the determination of, any question affecting the financial interest of any corporation, partnership, or association in which the member or a member of the member’s family is directly or indirectly interested. Committee members shall disclose the nature of any financial or personal relationships with any training providers by completing a conflict of interest form. “(b) No later than December 15, 2020, and annually thereafter in advance of the start of a new fiscal year, each Committee shall submit written recommendations to DCIA, which shall contain the following: “(1) Recommendations of 2 to 4 specific occupational skills trainings DCIA should offer; “(2) The number of District residents DCIA should train in the occupations identified pursuant to paragraph (1) of this subsection; “(3) Occupational skills required to obtain employment in the occupations identified pursuant to paragraph (1) of this subsection; “(4) A description of tools, equipment, and services necessary to conduct trainings to acquire the skills identified in paragraph (3) of this subsection; “(5) Industry-recognized credentials required for obtaining employment in the occupations identified pursuant to paragraph (1) of this subsection, when appropriate; and “(6) The feasibility of providing virtual training or distance learning and recommendations to implement virtual training. “(c) After receiving a proposed training curriculum from the DCIA pursuant to section 2e(a)(2)(B)(i), a Committee shall provide the DCIA with a written explanation of recommended modifications, if any. ENROLLED ORIGINAL 32 “(d) Within 30 calendar days after receiving a proposed scope of work for a grant or contract from DCIA pursuant to section 2e(a)(2)(C)(i), the Committee shall provide DCIA with a written explanation of recommended modifications, if any.”. SUBTITLE J. WORKPLACE LEAVE NAVIGATORS Sec. 2091. Short title. This subtitle may be cited as the “Workplace Leave Navigators Program Establishment Emergency Amendment Act of 2020”. Sec. 2092. Definitions. For the purposes of this subtitle, the term: (1) “Director” means the director of DOES. (2) “DOES” means the Department of Employment Services. (3) “Family and medical leave” means leave available under the District of Columbia Family and Medical Leave Act of 1990, effective October 3, 1990 (D.C. Law 8-181; D.C. Official Code § 32-501 et seq.). (4) “Paid sick leave” means leave available under the Accrued Sick and Safe Leave Act of 2008, effective May 13, 2008 (D.C. Law 17-152; D.C. Official Code § 32-531.01 et seq.). (5) “Universal paid leave” means leave benefits available under the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.01 et seq.). (6) “Workplace leave” means universal paid leave, paid sick leave, family and medical leave, or any other job-protected leave to which an individual may be entitled under federal or District law. Sec. 2093. Workplace Leave Navigators Program. (a) There is established a Workplace Leave Navigators Program (“Program”), which the Director shall administer. (b) The Program shall be funded with monies from the Universal Paid Leave Administration Fund, established pursuant to section 1153 of the Universal Paid Leave Implementation Fund Act of 2016, passed on emergency basis on July 28, 2020 (Enrolled version of Bill 23-867). (c) The Program shall provide funds to: (1) Organizations with demonstrated experience representing employees in matters related to workplace leave solely for the purpose of specific assistance to individuals in obtaining their workplace leave and benefits; and (2) Nonprofit organizations, businesses, or professional or trade associations with experience representing or assisting employers with the administration or understanding of ENROLLED ORIGINAL 33 workplace leave laws for the purpose of providing assistance to employers to share best practices or guidance regarding how to: (A) Coordinate and accommodate different types of workplace leave, along with employer-sponsored disability plans; and (B) Ensure compliance with workplace leave laws. (d)(1) Program funds issued to organizations for the purposes described in subsection (c)(1) of this section: (A) Shall be used solely to assist individuals with: (i) Filing an initial claim for universal paid leave; (ii) Determining the type of workplace leave or employer-offered leave, including an employer-sponsored disability plan, for which an individual may be eligible; (iii) Filing an administrative complaint related to the provision of workplace leave, including a complaint of retaliation; (iv) Responding to or appealing an initial administrative decision or determination related to workplace leave; or (v) Providing an employer with appropriate documentation supporting a request for workplace leave; and (B) May be used to provide training and guidance to medical providers or healthcare trade or professional associations on the requirements of workplace leave laws pertaining to documentation supporting the need for leave. (2) Program funds issued to non-profits, businesses, or professional or trade associations assisting employers for the purposes described in subsection (c)(2) of this section: (A) Shall be used to: (i) Assist employers with coordinating the employer’s workplace leave programs, including employer-sponsored disability plans, with workplace leave laws; provided, that Program funds shall not be used to decide an employee’s eligibility for a workplace leave program or for the pre-adjudication of a workplace leave claim; (ii) Provide guidance, including best practices, to an employer on what an employer must do to comply with District and federal workplace leave laws and regulations; (iii) Aid employers in responding to DOES’s request for information from the employers, including requests related to claim determinations made by DOES; (iv) Responding to an administrative complaint related to the provision of workplace leave; provided, that Program funds shall not be used to respond to a complaint of retaliation; (v) Responding to or appealing an initial administrative decision or determination related to workplace leave; and (B) May be used to provide training and guidance to medical providers or healthcare trade or professional associations on the requirements of workplace leave laws. ENROLLED ORIGINAL 34 (e) Funds for the Program may not be used to prosecute or defend claims in a lawsuit related to the provision of workplace leave. (f)(1) The Director shall issue Program funds through competitive grants administered pursuant to the requirements set forth in 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 section 2(b-1) of the Workforce Job Development Grant-Making Authority Act of 2012, effective April 23, 2013 (D.C. Law 19-269; D.C. Official Code § 1-328.05(b-1)). (2) The Director shall issue an initial Request for Applications no later than October 31, 2020, and annually thereafter. The Director may issue multi-year grants, subject to the availability of appropriations. (3) In a fiscal year, the amount of grants the Director issues for the purposes described in subsection (c)(1) and (2) of this section shall account for the need for each such purpose, based on the potential numbers of employees and employers to be served. SUBTITLE K. SCHOOL YEAR INTERNSHIP PILOT PROGRAM Sec. 2101. Short title. This subtitle may be cited as the “School Year Internship Pilot Program Emergency Amendment Act of 2020”. Sec. 2102. Section 2a(a) of the Youth Employment Act of 1979, effective January 5, 1980 (D.C. Law 3-46; D.C. Official Code § 32-242(a)), is amended by adding a new paragraph (2A) to read as follows: “(2A) School year internship pilot. — “(A) In Fiscal Year 2021, a pilot program called the School Year Internship Pilot Program (“Program”) for 250 District high school students to provide work- based learning opportunities during the school year. “(B)(i) High school students including students from public schools, public charter schools, private schools, and students who are homeschooled, may apply to the Department of Employment Services (“DOES”) to be matched with an internship host through the Program; provided, that a student may not otherwise participate in an internship, in-school youth employment, or a work-readiness program. “(ii) DOES shall give the applications of at-risk students priority over all other applications. “(iii) For the purposes of this subparagraph the term “at-risk” means a public school, public charter school, private school, or homeschool student who is identified as one or more of the following: “(I) Homeless; “(II) In the District’s foster care system; “(III) Qualifies for the Temporary Assistance for Needy Families program or the Supplemental Nutrition Assistance Program; or ENROLLED ORIGINAL 35 “(IV) A high school student that is one year older, or more, than the expected age for the grade in which the student is enrolled. “(C) DOES shall notify students of their placement with an internship host by January 5, 2021. “(D) Interns shall remain matched with their internship host between January 2021 and June 2021. “(E) DOES shall pay interns a training rate of $10 per hour, which it shall pay by way of a debit card provided to the intern or by direct deposit. “(F)(i) Internship hosts may be nonprofit organizations, public schools or public charter schools, government agencies, or private businesses. “(ii) Prospective internship hosts shall submit applications to participate in the Program no later than December 1, 2020. The application shall include a detailed job description that identifies specific tasks, projects, or duties that the intern will perform and the name and job title of the individual who will directly supervise the intern. “(iii) DOES shall review internship host applications and shall give priority to applications that will engage an intern in work experience activities, rather than work readiness activities, for the majority of an intern’s time. “(G) DOES shall implement the Program through public-private partnerships between the District government and an internship host that has the ability to employ youth under the Program, subject to all federal and District laws, rules, and regulations relating to the procurement and award of contracts, grants, or other government assistance. “(H)(i) DOES shall develop benchmarks for interns’ growth and development in work readiness, which internship hosts shall utilize to assess an intern’s work readiness. “(ii) An internship host shall provide its written assessment of an intern’s work readiness to DOES within 30 days after the end of the internship.”. Sec. 2103. The Department of Employment Services Local Job Training Quarterly Outcome Report Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 32–771), is amended by adding a new section 2083 to read as follows: “Sec. 2083. Department of Employment Services annual report on year-round youth programs. “(a) Starting December 15, 2020, and annually thereafter, the Department of Employment Services (“Department”) shall publish on its website and submit to the Council a report on the operations of its year-round youth programs, including: “(1) The In-School Youth Program; “(2) The Out-of-School Youth Program; “(3) The Marion Barry Youth Leadership Institute; “(4) Pathways for Young Adults Program; “(5) Youth Earn and Learn Program; ENROLLED ORIGINAL 36 “(6) The High School Internship Program; “(7) In-School Youth Innovation Grants; and “(8) In-school DCHR internship program. “(b) The report shall include the following information for each program from the previous fiscal year: “(1) The number of participants newly enrolled; “(2) The total number of participants, disaggregated by ward, grade, school, age, and, if known, at-risk status; “(3) Each program’s total expenditures, disaggregated by fund type (federal, local, intra-District, or special purpose revenue funds); and “(4) The names of any vendors, grantees, host employers (including public schools and public charter schools for the High School Internship Program), host sites, or other organizations providing services to youth. “(c) The Department may withhold from the report required pursuant to subsection (b) of this section any information precluded from release by federal law, rule, or policy; provided, that, if at a later time, such information may be released, the Department shall supplement the next annual report following the date on which the information may be shared with the withheld information. “(d) For the purposes of this section, the term “at-risk” means a public school, public charter school, private school, or homeschool student who is identified as one or more of the following: “(1) Homeless; “(2) In the District’s foster care system; “(3) Qualifies for the Temporary Assistance for Needy Families program or the Supplemental Nutrition Assistance Program; or “(4) A high school student that is one year older, or more, than the expected age for the grade in which the student is enrolled.”. SUBTITLE L. UNEMPLOYMENT INSURANCE MODERNIZATION Sec. 2111. Short title. This subtitle may be cited as the “Unemployment Insurance Modernization Requirements Emergency Act of 2020”. Sec. 2112. Unemployment insurance modernization requirements. (a) The Department of Employment Services (“DOES”) shall launch an integrated, fully modernized, and fully functioning unemployment insurance information technology benefits and tax system (“benefits system”) for public use no later than September 30, 2022. (b) The benefits system shall include an internet accessible public interface that: (1) Can be accessed from all major internet browsers and used on mobile devices and personal computers; ENROLLED ORIGINAL 37 (2) Is accessible to people with disabilities in compliance with section 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 394; 29 U.S.C. § 794), and Title II of the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 337; 42 U.S.C. § 12131 et seq.); and (3) Complies with the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code § 2-1931 et seq.). (c)(1) The Office of Contracting and Procurement (“OCP”), in consultation with DOES, should issue a Request for Proposals for the full modernization of the benefits system, consistent with the requirements of subsections (a) and (b) of this section, no later than October 30, 2020. (2) The OCP should award a contract for the full modernization of the benefits system no later than January 15, 2021. Sec. 2113. (a) Beginning no later than 15 days after the effective date of this subtitle, on any day when American Job Centers are closed (excluding weekends, holidays, and staff training days), the Department of Employment Services (“DOES”) shall provide the following materials at its headquarters from 8:30 a.m. to 5:00 p.m.: (1) Hard copies of unemployment insurance benefits applications, with hard copies of all instructions that are available online for completing the application; (2) Hard copies of DOES complaint forms for violations of District labor laws, including wage and hour, accrued paid sick time, and workers’ compensation laws, with hard copies of all instructions that are available online for completing each form; (3) Envelopes individuals may use in submitting their applications and complaint forms, with space on the outside to identify the form being submitted; and (4) A locked box with a slot into which individuals may deposit their completed applications and complaint forms. (b) The DOES shall make the materials identified in subsection (a) of this section available in a location at its headquarters that is publicly and handicap accessible. SUBTITLE M. TRANSGENDER AND NON-BINARY EMPLOYMENT STUDY Sec. 2121. Short title. This subtitle may be cited as the “District Government Transgender and Non-Binary Employment Study Emergency Act of 2020”. Sec. 2122. The District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.01 et seq), is amended by adding a new Title VII-B to read as follows: “TITLE VII-B GENDER IDENTITY STUDY “Sec. 760. Definitions. “For the purposes of this title, the term: ENROLLED ORIGINAL 38 “(1) “Cisgender” means individuals whose sex assigned at birth matches the individual’s perceived gender. “(2) “Gender identity” means an individual’s internal sense of the individual’s gender, which may be the same as or different from sex assigned at birth and can include male, female, neither, or both. “(3) “Non-binary” includes individuals whose gender identity is neither entirely male nor entirely female, or varies between the two. “(4) “Transgender” includes individuals whose gender identity or expression is different from that typically associated with their assigned sex at birth. “Sec. 761. Study of transgender and non-binary employment. “(a) The Mayor shall contract with an entity to conduct a study of employment data, hiring and recruitment practices, and workplace climate in District government agencies in relation to people who are transgender or non-binary. At a minimum, the study shall include: “(1) A census of employees who identify as transgender or non-binary, including information on the employees’ race and ethnicity, gender identity, and age; “(2) A review of District government agencies’ transgender and non-binary inclusion policies, including policies developed under the Human Rights Act of 1977, effective December 13, 1977, (D.C. Law 2-38; D.C. Official Code § 2-1401.01 et seq.) (“Human Rights Act”), and any regulations promulgated pursuant to the Human Rights Act, and an evaluation of the extent to which District government agencies have implemented such polices and how transgender and non-binary employees experience such polices; “(3) An evaluation of District government agencies’ actual recruitment, hiring, retention, and promotion practices related to prospective and current transgender and non-binary employees; “(4) An analysis of any disparities in earnings, title, pay grade, length of time in position, and educational attainment between employees who identify as transgender or non- binary and employees who identify as cisgender; “(5) An assessment of transgender and non-binary employees’ workplace experiences as employees of District government agencies, including experiences of discrimination, harassment, or mistreatment on the job; “(6) An evaluation of data, including participant demographics and program outcomes, for transgender or non-binary participants in the Department of Employment Services’ job training programs; and “(7) Recommendations for District government agencies on improving employment and hiring practices as they relate to individuals who are transgender or non-binary. “(b) The contractor may survey employees to gather data for the purposes of the study. “(c) The contractor completing the study shall: “(1) Have, or partner with another entity with, experience studying and knowledge of sexual orientation and gender identity; ENROLLED ORIGINAL 39 “(2) Include a statement in requests for information and surveys sent to employees explaining that providing information is voluntary; “(3) Ensure the privacy, dignity, and confidentiality of employees; “(4) Not disclose, or retain after the study is complete, personally identifiable information gathered in the course of the study; and “(5) Consult with the Office of Human Rights in developing a detailed proposed plan of the study, surveys to be administered, and any resulting recommendations from the entity. “(d) The Mayor may use electronic communication tools, including e-mail, to facilitate the contractor’s outreach to District government employees. “(e) The Mayor shall: “(1) Review the contractor’s proposals and recommendations to ensure they are consistent with the Human Rights Act; “(2) Review data, with personally identifiable information removed, on harassment and discrimination complaints filed by transgender and non-binary employees against District government agencies since January 1, 2015; “(3) Provide the contractor with the information necessary to facilitate subsection (a) of this section; and “(4) Submit a final report with findings and recommendations to the Council no later than December 31, 2021. The final report submitted to the Council shall not contain any personally identifiable information.”. SUBTITLE N. TIPPED WAGE WORKERS FAIRNESS CLARIFICATION Sec. 2131. Short title. This subtitle may be cited as the “Tipped Workers Fairness Clarification Emergency Amendment Act of 2020”. Sec. 2132. The Tipped Wage Workers Fairness Amendment Act of 2018, effective December 13, 2018 (D.C. Law 22-196; D.C. Official Code § 32-161 et seq.), is amended as follows: (a) Section 3 (D.C. Official Code § 32-161) is amended as follows: (1) Subsection (a)(1) is amended as follows: (A) The lead-in language is amended by striking the phrase “By April 1, 2020” and inserting the phrase “Within 120 days after the date this section becomes applicable” in its place. (B) Subparagraph (F) is repealed. (2) Subsection (b) is amended as follows: (A) Paragraph (1) is amended as follows: ENROLLED ORIGINAL 40 (i) The lead-in language is amended by striking the phrase “By April 1, 2020” and inserting the phrase “Within 120 days after the date this section becomes applicable” in its place. (ii) Subparagraph (B) is amended to read as follows: “(B) The following text formatted in a large font and for maximum readability, including the use of bullet points to call out each specified right on a separate line: “EMPLOYEE RIGHTS IN THE DISTRICT OF COLUMBIA: Do you know your rights as an employee working in Washington, D.C.? Employees have the right: • To be paid at least the minimum wage; • To be paid on time; • To receive a detailed pay stub; • To accrue and use paid sick and safe leave; • To request time off to attend a child’s school-related activities; • To qualify for unpaid family and medical leave; • To be compensated for work-related illness or injury; • To remain free from discrimination; • To be accommodated in the workplace during pregnancy; • To remain free from employer retaliation for discussing or exercising any of these rights; and • To file a complaint for violation of workplace rights with the Department of Employment Services (DOES) or the Office of Human Rights (OHR), To learn about these and other workplace rights, visit the website below. This notice does not create, expand, or limit rights under District or federal law.”. (B) Paragraph (2) is amended by striking the phrase “The poster” and inserting the phrase “Below the text required pursuant to paragraph (1)(B) of this subsection, the poster” in its place. (3) Subsection (d)(6) is repealed. Sec. 2133. The Minimum Wage Act Revision Act of 1992, effective March 25, 1993 (D.C. Law 9-248; D.C. Official Code § 32-1001 et seq.), is amended as follows: (a) Section 10a (D.C. Official Code § 32-1009.01) is amended as follows: (1) Subsection (a) is amended to read as follows: "(a)(1) As of January 1, 2020, the third-party payroll businesses required pursuant to section 9(a-1) to process payroll for an employer that employs a tipped worker and hotel employers that employ a tipped worker shall submit a quarterly wage report for the preceding calendar quarter to the Mayor no later than 30 days after the end of each calendar quarter. “(2) Each quarterly wage report shall certify that each tipped worker was paid at least the required minimum wage, including gratuities, and shall include the following: “(A) Itemized, for each tipped worker, the worker’s: ENROLLED ORIGINAL 41 “(i) Name; “(ii) Average hourly wage received per week during the quarter; “(iii) Total hours worked at or above the minimum hourly wage established under section 4(f) per week; “(iv) Gross wages received per week; and “(v) Total gratuities received per week. “(B) For a hotel employer, a certification that all of the information in the report is accurate; “(C) For a third-party payroll business, a certification that the information in the report was generated using the same payroll data used to generate the information required to be furnished to employees pursuant to section 9(b); and “(D) If tips were shared, a copy of the employer’s tip-sharing policy used during the quarter, unless the third-party payroll business and the employer have agreed that the employer will submit the tip-sharing policy, in which case, a certification that such an agreement was in place during the calendar quarter. “(3)(A) An employer that agrees to submit its tip-sharing policy directly to the Mayor shall submit the policy to the Mayor no later than 30 days after the end of each calendar quarter. “(B) If the Mayor does not receive the tip-sharing policy of an employer that employs a tipped worker by the submission deadline for quarterly wage reports, the Mayor shall presume that the employer did not have a tip-sharing policy in place during the calendar quarter.”. (2) Subsection (b)(2) is amended to read as follows: “(2) A person required to submit documents pursuant to subsection (a) of this section shall submit the documents online through the Internet-based portal, unless the Mayor exempts the person from online reporting because it creates a hardship for the person, in which case, the person shall submit the documents in hard-copy form.”. (3) A new subsection (d) is added to read as follows: “(d) For the purposes of this section the term “tipped worker” means an employee paid in accordance with section 4(f).”. (b) Section 12(d)(1) (D.C. Official Code § 32-1011(d)(1)) is amended by adding a new subparagraph (E-i) to read as follows: “(E-i) $500 against an employer for each failure to timely submit the quarterly wage report required pursuant to section 10a, in its entirety, unless the employer proves that it used a third-party payroll business to process the relevant quarter’s payroll for the employer.”. SUBTITLE O. UNIVERSAL PAID LEAVE FUND Sec. 2141. Short title. ENROLLED ORIGINAL 42 This subtitle may be cited as the “Universal Paid Leave Fund Emergency Amendment Act of 2020”. Sec. 2142. The Universal Paid Leave Implementation Fund Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 32-551.01), is amended as follows: (a) A new section 1151a is added to read as follows: “Sec. 1151a. Definitions. “For the purposes of this subtitle, the term “Act” means the Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32- 541.01 et seq.).”. “(b) Section 1152 (D.C. Code § 32-551.01) is amended as follows: “(1) The section heading is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. “(2) Subsection (a) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (3) Subsection (b) is amended to read as follows: “(b) Money in the Fund shall be used to: (1) Pay benefits provided under the Act; and (2) Fund the Universal Paid Leave Administration Fund established pursuant to section 1153(a) in the following amounts: “(A) No more than 8.75% of money in the Fund for the purposes described in section 1153(c)(1); “(B) No more than .75% of the money in the Fund for the purposes described in section 1153(c)(2); and “(C) No more than 0.5% of the money in the Fund for the purposes described in section 1153(c)(3). (c) A new section 1153 is added to read as follows: “Sec. 1153. Universal Paid Leave Administration Fund. “(a) There is established as a special fund the Universal Paid Leave Administration Fund (“Fund”), which shall be administered by the Department of Employment Services (“DOES”) in accordance with subsections (c), (d), (e), and (f) of this section. “(b) Pursuant to section 1152(b)(2), amounts appropriated from the Universal Paid Leave Fund annually for the purposes described in subsection (c) of this section shall be deposited in the Fund. “(c) Money in the Fund shall be used for the following purposes: “(1) Administration of the Act by DOES, including public education pursuant to section 106(j) of the Act (D.C. Official Code § 32-541.06(j)); provided, that no more than 6% of the money appropriated annually for administration may be used for public education and of those public education funds, at least $500,000 shall be used to fund the Workplace Leave Navigators Program established pursuant to section 2093 of the Workplace Leave Navigators ENROLLED ORIGINAL 43 Program Establishment Emergency Amendment Act of 2020, passed on emergency basis on July 28, 2020 (Enrolled version of Bill 23-867); “(2) Enforcement of section 108(e) and section 110(a) and (b) of the Act by the Office of Human Rights, which may include education and outreach on individuals’ rights under the Act; and “(3) Hearing of appeals of claim determinations by the Office of Administrative Hearings, pursuant to section 108(a), (b), and (c) of the Act (D.C. Official Code § 32-541.08(a), (b), and (c)). “(d) Beginning no later than October 1, 2020, and by October 1 annually thereafter, DOES shall execute a Memorandum of Understanding with the Office of Human Rights for the intradistrict transfer of funds appropriated, pursuant to subsection (c)(2) of this section, for enforcement; provided, that DOES shall transfer funds appropriated for enforcement to the Office of Human Rights no later than October 2 of any year even if the agencies fail to execute a Memorandum of Understanding by October 1 of that year. “(e) Beginning no later than October 1, 2020 and by October 1 annually thereafter, DOES shall execute a Memorandum of Understanding with the Office of Administrative Hearings for the intradistrict transfer of funds appropriated, pursuant to subsection (c)(3) of this section, for hearing of appeals of claim determinations; provided, that DOES shall transfer funds appropriated for hearing of appeals of claim determinations to the Office of Administrative Hearings no later than October 2 of any year even if the agencies fail to execute a Memorandum of Understanding by October 1 of that year. “(f) Money deposited into the Fund but not expended in a fiscal year shall revert to the Universal Paid Leave Fund, established pursuant to section 1152.”. Sec. 2143. Conforming amendments. The Universal Paid Leave Amendment Act of 2016, effective April 7, 2017 (D.C. Law 21-264; D.C. Official Code § 32-541.01 et seq.), is amended as follows: (a) Subsection 101 (D.C. Official Code § 32-541.01) is amended as follows: (1) Paragraph (10)(A) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (2) Paragraph (21) is amended by striking the phrase ““Universal Paid Leave Implementation Fund” means the Uniform Paid Leave Implementation Fund” and inserting the phrase ““Universal Paid Leave Fund” means the Universal Paid Leave Fund” in its place. (b) Section 103 (D.C. Official Code § 32-541.03) is amended as follows: (1) The section heading is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (2) Subsection (a) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (3) Subsection (b) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. ENROLLED ORIGINAL 44 (4) Subsection (c) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (5) Subsection (d) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (6) Subsection (e) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (7) Subsection (f) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (c) Section 104(g)(6)(A) (D.C. Official Code § 32-541.04(g)(6)(A)) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (d) Section 105(a)(2) (D.C. Official Code § 32-541.05(a)(2)) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (e) Section 106(j)(1) (D.C. Official Code § 32-541.06(j)(1)) is amended to read as follows: “(j)(1) The Mayor shall conduct a public-education campaign, which shall be paid for out of the Universal Paid Leave Administration Fund, pursuant to section 1153(c)(1) of the Universal Paid Leave Implementation Fund Act of 2016, passed on emergency basis on July 28, 2020 (Enrolled version of Bill 23-867), to inform individuals of the benefits provided for in this act. The Workplace Leave Navigators Program, established pursuant to section 2093 of the Workplace Leave Navigators Program Establishment Emergency Amendment Act of 2020, passed on emergency basis on July 28, 2020 (Enrolled version of Bill 23-867), shall be a component of the Mayor’s public-education campaign.”. (f) Section 109(c) (D.C. Official Code § 32-541.09(c)) is amended as follows: (1) Paragraph (1) is amended by striking the phrase “Universal Paid Leave Implementation” and inserting the phrase “Universal Paid Leave” in its place. (2) Paragraph (2) is amended by striking the phrase “Universal Paid Leave Implementation” both times it appears and inserting the phrase “Universal Paid Leave” in its place. SUBTITLE P. SHARED WORK COMPENSATION PROGRAM Sec. 2151. Short title. This subtitle may be cited as the “Shared Work Compensation Program Clarification Emergency Amendment Act of 2020”. Sec. 2152. The Keep D.C. Working Act of 2010, effective October 15, 2010 (D.C. Law 18-238; D.C. Official Code § 51-171 et seq.), is amended as follows: (a) Section 2 (D.C. Official Code § 51-171) is amended as follows: (1) Paragraph (4) is repealed. ENROLLED ORIGINAL 45 (2) New paragraphs (4A) and (4B) are added to read as follows: “(4A) “Health and retirement benefits” means employer-provided health benefits, and retirement benefits under a defined benefit plan, as defined in section 414(j) of the Internal Revenue Code of 1986, approved September 2, 1974 (88 Stat. 925; 26 U.S.C. § 414(j)), or contributions under a defined contribution plan, as defined in section 414(i) of the Internal Revenue Code of 1986, approved September 2, 1974 (88 Stat. 925; 26 U.S.C. § 414(i)), which are incidents of employment in addition to the cash remuneration earned. “(4B) “Participating employee” means an employee who voluntarily agrees to participate in an employer’s shared work plan.”. (3) Paragraph (5) is amended to read as follows: “(5) “Usual weekly hours of work” means the usual hours of work per week for full-time or part-time employees in the affected unit when that unit is operating on its regular basis, not to exceed 40 hours and not including hours of overtime work.”. (4) Paragraph (7) is amended to read as follows: “(7) “Shared work benefits” means the unemployment benefits payable to a participating employee in an affected unit under a shared work plan, as distinguished from the unemployment benefits otherwise payable under the employment security law.”. (5) Paragraph (8) is amended to read as follows: “(8) “Shared work plan” means a written plan to participate in the shared work unemployment compensation program approved by the Director, under which the employer requests the payment of shared work benefits to participating employees in an affected unit of the employer to avert temporary or permanent layoffs, or both.”. (b) Section 4 (D.C. Official Code § 51-173) is amended to read as follows: “Sec. 4. Employer participation in the shared work unemployment compensation program. “(a) Employer participation in the shared work unemployment compensation program shall be voluntary. “(b) An employer that wishes to participate in the shared work unemployment compensation program shall submit a signed application and proposed shared work plan to the Director for approval. “(c) The Director shall develop an application form consistent with the requirements of this section. The application and shared work plan shall require the employer to: “(1) Identify the affected unit (or units) to be covered by the shared work plan, including: “(A) The number of full-time or part-time employees in such unit; “(B) The percentage of employees in the affected unit covered by the plan; “(C) Identification of each individual employee in the affected unit by name and social security number; “(D) The employer’s unemployment tax account number, and ENROLLED ORIGINAL 46 “(E) Any other information required by the Director to identify participating employees; “(2) Provide a description of how employees in the affected unit will be notified of the employer’s participation in the shared work unemployment compensation program if such application is approved, including how the employer will notify those employees in a collective bargaining unit as well as any employees in the affected unit who are not in a collective bargaining unit. If the employer will not provide advance notice of the shared work plan to employees in the affected unit, the employer shall explain in a statement in the application why it is not feasible to provide such notice; “(3) Identify the usual weekly hours of work for employees in the affected unit and the specific percentage by which hours will be reduced during all weeks covered by the plan. A shared work plan may not reduce participating employees’ usual weekly hours of work by less than 10% or more than 60%. If the plan includes any week for which the employer regularly provides no work (due to a holiday or other plant closing), then such week shall be identified in the application; “(4) If the employer provides health and retirement benefits to any participating employee whose usual weekly hours of work are reduced under the plan, certify that such benefits will continue to be provided to participating employees under the same terms and conditions as though the usual weekly hours of work of such participating employee had not been reduced or to the same extent as employees not participating in the shared work plan. For defined benefit retirement plans, the hours that are reduced under the shared work plan shall be credited for purposes of participation, vesting, and accrual of benefits as though the participating employee’s usual weekly hours of work had not been reduced. The dollar amount of employer contributions to a defined contribution plan that are based on a percentage of compensation may be reduced due to the reduction in the participating employee’s compensation. A reduction in health and retirement benefits scheduled to occur during the duration of a shared work plan that is equally applicable to employees who are not participating in the plan and to participating employees does not violate a certification made pursuant to this paragraph; “(5) Certify that the aggregate reduction in work hours under the shared work plan is in lieu of temporary or permanent layoffs, or both, and provide a good-faith estimate of the number of employees who would be laid off in the absence of the proposed shared work plan; “(6) Agree to: “(A) Furnish reports to the Director relating to the proper conduct of the shared work plan; “(B) Allow the Director or the Director’s authorized representatives access to all records necessary to approve or disapprove the application for a shared work plan; “(C) Allow the Director to monitor and evaluate the shared work plan; and ENROLLED ORIGINAL 47 “(D) Follow any other directives the Director considers necessary for the agency to implement the shared work plan consistent with the requirements for shared work plan applications; “(7) Certify that participation in the shared work unemployment compensation program and implementation of the shared work plan will be consistent with the employer’s obligations under applicable federal and District laws; “(8) State the duration of the proposed shared work plan, which shall not exceed 365 days from the effective date established pursuant to section 6; “(9) Provide any additional information or certifications that the Director determines to be appropriate for purposes of the shared work unemployment compensation program, consistent with requirements issued by the United States Secretary of Labor; and “(10) Provide written approval of the proposed shared work plan by the collective bargaining representative for any employees covered by a collective bargaining agreement who will participate in the plan.”. (c) Section 5 (D.C. Official Code § 51-174) is amended to read as follows: “Sec. 5. Approval and disapproval of a shared work plan. “(a)(1) The Director shall approve or disapprove an application for a shared work plan in writing within 15 calendar days of its receipt and promptly issue a notice of approval or disapproval to the employer. “(2) A decision disapproving the shared work plan shall clearly identify the reasons for the disapproval. “(3) A decision to disapprove a shared work plan shall be final, but the employer may submit another application for a shared work plan not earlier than 10 calendar days from the date of the disapproval. “(b) Except as provided in subsections (c) and (d) of this section, the Director shall approve a shared work plan if the employer: “(1) Complies with the requirements of section 4; and “(2) Has filed all reports required to be filed under the employment security law for all past and current periods, and: “(A) Has paid all contributions and benefit cost payments; or “(B) If the employer is a reimbursing employer, has made all payments in lieu of contributions due for all past and current periods. “(c) Except as provided in subsection (d) of this section, the Director may not approve a shared work plan: “(1) To provide payments to an employee if the employee is employed by the participating employer on a seasonal, temporary, or intermittent basis; “(2) If the employer's unemployment insurance account has a negative unemployment experience rating; “(3) If the employer's unemployment insurance account is taxed at the maximum tax rate in effect for the calendar year; ENROLLED ORIGINAL 48 “(4) For employers who have not qualified to have a tax rate assigned based on actual experience; or “(5) For employees who are receiving or who will receive supplemental unemployment benefits, as that term is defined in section 501(c)(17)(D) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(17)(D)), during any period a shared work plan is in effect. “(d) During the effective period of a shared work plan entered into during a public health emergency, subsection (c) of this section shall not apply. During a public health emergency, the Director may not approve a shared work plan: “(1) To provide payments to an employee if the employee is employed by the participating employer on a seasonal, temporary, or intermittent basis; “(2) For employees who are receiving or who will receive supplemental unemployment benefits, as that term is defined in section 501(c)(17)(D) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(17)(D)), during any period a shared work plan is in effect; or “(3) For employers that have reported quarterly earnings to the Director for fewer than 3 quarters at the time of the application for the shared work unemployment compensation program. “(e) For the purposes of this section, the term “public health emergency” means the public health emergency declared in the Declaration of Public Health Emergency (Mayor’s Order 2020-046), declared on March 11, 2020, and any extensions thereof.”. (d) Section 6 (D.C. Official Code § 51-175) is amended to read as follows: “Sec. 6. Effective date and expiration, termination, or revocation of a shared work plan. “(a) A shared work plan shall be effective on the date that is mutually agreed upon by the employer and the Director, which shall be specified in the notice of approval to the employer. “(b) The duration of the plan shall be 365 days from the effective date, unless a shorter duration is requested by employer or the plan is terminated or revoked in accordance with this section. “(c) An employer may terminate a shared work plan at any time upon written notice to the Director, participating employees, and a collective bargaining representative for the participating employees. After receipt of such notice from the employer, the Director shall issue to the employer, the appropriate collective bargaining representative, and participating employees an Acknowledgment of Voluntary Termination, which shall state the date the shared work plan terminated. “(d) The Director may revoke a shared work plan at any time for good cause, including: “(1) Failure to comply with the certifications and terms of the shared work plan; “(2) Failure to comply with federal or District law; “(3) Failure to report or request proposed modifications to the shared work plan in accordance with section 7; “(4) Unreasonable revision of productivity standards for the affected unit; ENROLLED ORIGINAL 49 “(5) Conduct or occurrences tending to defeat the purpose and effective operation of the shared work plan; “(6) Change in conditions on which approval of the plan was based; “(7) Violation of any criteria on which approval of the plan was based; or “(8) Upon the request of an employee in the affected unit. “(e) Upon a decision to revoke a shared work plan, the Director shall issue a written revocation order to the employer that specifies the reasons for the revocation and the date the revocation is effective. The Director shall provide a copy of the revocation order to all participating employees and their collective bargaining representative. “(f) The Director may periodically review the operation of an employer’s shared work plan to ensure compliance with its terms and applicable federal and District laws. “(g) An employer may submit a new application for a shared work plan at any time after the expiration or termination of a shared work plan.”. (e) Section 7 (D.C. Official Code § 51-176) is amended to read as follows: “Sec. 7. Modification of a shared work plan. “(a) An employer may not implement a substantial modification to a shared work plan without first obtaining the written approval of the Director. “(b)(1) An employer must report, in writing, every proposed modification of the shared work plan to the Director a least 5 calendar days before implementing the proposed modification. The Director shall review the proposed modification to determine whether the modification is substantial. If the Director determines that the proposed modification is substantial, the Director shall notify the employer of the need to request a substantial modification. “(2) An employer may request a substantial modification to a shared work plan by filing a written request with the Director. The request shall identify the specific provisions of the shared work plan to be modified and provide an explanation of why the proposed modification is consistent with and supports the purposes of the shared work plan. A modification may not extend the expiration date of the shared work plan. “(c)(1) At the Director’s discretion, an employer’s request for a substantial modification of a shared work plan may be approved if: “(A) Conditions have changed since the plan was approved; and “(B) The Director determines that the proposed modification is consistent with and supports the purposes of the approved plan. “(2) The Director shall approve or disapprove a request for substantial modification, in writing, within 15 calendar days of receiving the request and promptly shall communicate the decision to the employer. If the request is approved, the notice of approval shall contain the effective date of the modification.”. (f) Section 8 (D.C. Official Code § 51-177) is amended to read as follows: “Sec. 8. Employee eligibility for shared work benefits. ENROLLED ORIGINAL 50 “(a) A participating employee is eligible to receive shared work benefits with respect to any week only if the individual is monetarily eligible for unemployment compensation, not otherwise disqualified from unemployment compensation, and: “(1) With respect to the week for which shared work benefits are claimed, the participating employee was covered by a shared work plan that was approved prior to that week; “(2) Notwithstanding any other provision of the employment security law relating to availability for work and actively seeking work, the participating employee was available for the individual’s usual hours of work with the shared work employer, which may include availability to participate in training to enhance job skills approved by the Director, such as employer-sponsored training or training funded under the Workforce Innovation and Opportunity Act, approved July 22, 2014 (128 Stat. 1425; 29 U.S.C. § 3101 et seq.); and “(3) Notwithstanding any other provision of law, a participating employee is deemed unemployed for the purposes of determining eligibility to receive unemployment compensation benefits in any week during the duration of such plan if the individual’s remuneration as an employee in an affected unit is reduced under the terms of the plan. “(b) A participating employee may be eligible for shared work benefits or unemployment compensation, as appropriate, except that no participating employee may be eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for regular unemployment compensation; nor shall a participating employee be paid shared work benefits for more than 52 weeks under a shared work plan or in an amount more than the equivalent of the maximum of 26 weeks of regular unemployment compensation. “(c) The shared work benefit paid to a participating employee shall be deducted from the maximum entitlement amount of regular unemployment compensation established for that individual's benefit year. “(d) Provisions applicable to unemployment compensation claimants under the employment security law shall apply to participating employees to the extent that they are not inconsistent with this act. A participating employee who files an initial claim for shared work benefits shall receive a monetary determination of whether the individual is eligible to receive benefits. “(e) A participating employee who has received all of the shared work benefits or combined unemployment compensation and shared work benefits available in a benefit year shall be considered an exhaustee, as defined in section 7(g)(1)(H) of the District of Columbia Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 949; D.C. Official Code § 51–107(g)(1)(H)) (“Act”), for purposes of eligibility to receive extended benefits pursuant to section 7(g) of the Act (D.C. Official Code § 51–107(g)), and, if otherwise eligible under that section, shall be eligible to receive extended benefits. “(f) Shared work benefits shall be charged to employers’ experience rating accounts in the same manner as unemployment compensation is charged under the employment security law, unless waived by federal or District law. Employers liable for payments in lieu of contributions ENROLLED ORIGINAL 51 shall have shared work benefits attributed to service in their employ in the same manner as unemployment compensation is attributed, unless waived by federal or District law.”. (g) Section 9 (D.C. Official Code § 51-178) is amended as follows: (1) Subsection (a) is amended to read as follows: “(a)(1) Except as provided in paragraph (2) of this subsection, the weekly benefit for a participating employee shall be the product of the regular weekly unemployment compensation amount for a week of total unemployment multiplied by the percentage of reduction in the participating employee’s usual weekly hours of work. “(2) The shared work benefit for a participating employee who performs work for another employer during weeks covered by a shared work plan shall be calculated as follows: “(A) If the combined hours of work in a week for both employers results in a reduction of less than 10% of the usual weekly hours of work the participating employee works for the shared work employer, the participating employee is not eligible for shared work benefits; “(B) If the combined hours of work for both employers results in a reduction equal to or greater than 10% of the usual weekly hours worked for the shared work employer, the shared work benefit payable to the participating employee is determined by multiplying the weekly unemployment benefit amount for a week of total unemployment by the percentage by which the combined hours of work have been reduced. A week for which benefits are paid under this subparagraph shall be reported as a week of shared work benefits. “(C) If an individual worked the reduced percentage of the usual weekly hours of work for the shared work employer and is available for all the participating employee’s usual hours of work with the shared work employer, and the participating employee did not work any hours for the other employer, either because of the lack of work with that employer or because the participating employee is excused from work with the other employer, the participating employee shall be eligible for the full value of the shared work benefit for that week.”. (2) Subsection (b) is repealed (3) New subsections (c) and (d) are added to read as follows: “(c) A participating employee who is not provided any work during a week by the shared work employer or any other employer and who is otherwise eligible for unemployment compensation shall be eligible for the amount of regular unemployment compensation to which the individual would otherwise be eligible. “(d) A participating employee who is not provided any work by the shared work employer during a week, but who works for another employer and is otherwise eligible for unemployment compensation may be paid unemployment compensation for that week subject to the disqualifying income provision and other provisions applicable to claims for regular unemployment compensation.”. ENROLLED ORIGINAL 52 SUBTITLE Q. EQUITABLE IMPACT ASSISTANCE FOR LOCAL BUSINESS Sec. 2161. Short title. This subtitle may be cited as the “Equitable Impact Assistance for Local Businesses Emergency Act of 2020”. Sec. 2162. Definitions. For the purposes of this subtitle, the term: (1) “Economically disadvantaged individual” shall have the same meaning as set forth in section 2302(7) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2- 218.02(7)). (2)(A) “Eligible business” means an equity impact enterprise that has $2 million or less in annual revenue and certifies in writing that the business is unable to obtain conventional financing or is a business enterprise that cannot reasonably be expected to qualify for financing under the standards of commercial lending. (B) For the purposes of this paragraph, the phrase “unable to obtain conventional financing” means that the business has attempted but failed in the attempt to obtain financing from conventional sources. (3) “Equity impact enterprise” shall have the same meaning as set forth in section 2303(8A) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(8A)). (4) “Fund” means the Equity Impact Fund established in section 2163. (5) “Fund Manager” means a private financial organization selected by the Mayor pursuant to section 2164. (6) “Private financial organization” means a partnership, corporation, trust, limited liability company, Community Development Financial Institution, or a consortium of partnerships, corporations, trusts, limited liability companies, or Community Development Financial Institutions, whether organized on a profit or not-for-profit basis, that has as its primary activity the investment of capital into businesses. Sec. 2163. Establishment of the Equity Impact Fund. (a)(1) There is established a fund outside the General Fund of the District of Columbia, designated as the Equity Impact Fund (“Fund”), which shall be managed by a Fund Manager selected by the Mayor. (2) The Deputy Mayor for Planning and Economic Development shall provide, upon selection of the Fund Manager, $1.25 million in the aggregate in Fiscal Year 2021 for deposit into the Fund (“District’s initial investment”). (b) The Fund shall be funded by money appropriated for the purposes of the Fund, other amounts, if any, received by the District or Fund Manager for deposit into the Fund, and any monies received as gifts, grants, donations, and awards. ENROLLED ORIGINAL 53 (c) Money in the Fund shall be used for the following purposes: (1) To facilitate investment in businesses that lack access to capital; (2) To make investments into eligible businesses based on an investment strategy determined by the Fund Manager; and (3) To administer the Fund, including the provision of technical assistance to eligible businesses; provided, that no more than 15% of the District’s initial investment may be used annually for this purpose. Sec. 2164. Fund Manager selection. (a) The Mayor shall solicit applications, in a form determined by the Mayor, for the position of Fund Manager from private financial organizations. The application shall contain description of: (1) The qualifications of the applicant, including demonstrable experience in investing in small businesses, businesses owned by economically disadvantaged individuals, businesses owned by individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities, or businesses that otherwise meet the definition of, or are similar to, an equity impact enterprise; (2) How the applicant will structure the Fund and investment criteria to achieve the goals and objectives of the Fund; (3) The ability and plans of the applicant to provide or raise sufficient funds to provide matching contributions for the Fund; (4) The ability of the applicant to maintain a sufficient fund balance to administer the Fund; (5) The type of businesses to be targeted for priority investment from the Fund; (6) A demonstrable ability to offer a variety of financing vehicles, including equity financing, revenue-based financing, royalty financing, and debt financing; (7) The investment strategies the applicant will employ to achieve the goals and objectives of the Fund; and (8) Other criteria that the Mayor considers necessary or appropriate. (b) The Fund Manager shall be selected from among the applicants for the position based on a scoring rubric established by the Mayor; provided, that: (1) A preference be given to applicants that are at least 51% owned, operated, or controlled by economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities; and (2) If the applicant manages an existing investment fund, the existing fund not exceed $100,000,000 in total investments. Sec. 2165. Minimum requirements for investment. ENROLLED ORIGINAL 54 (a) The Fund Manager shall source, underwrite, and monitor all investments placed pursuant to this subtitle. Except as otherwise provided by this subtitle, the Mayor shall not determine the recipient, amount, interest rate, or any other requirement related to an investment made pursuant to this subtitle. (b) The following requirements shall apply to any investment in an eligible business made from the Fund using the District’s initial investment or interest earned on the initial investment: (1) The Fund Manager shall begin accepting applications from eligible businesses seeking investment, on a rolling basis, within 30 days of being selected for the position by the Mayor. (2) For the Fund Manager to provide an investment from the Fund, the eligible business must agree, in writing, to participate in technical assistance training. (3) The Fund Manager shall establish, for each selected eligible business, a 12- month individualized business plan. Investments shall be distributed to the eligible business in installments based upon completion of specific milestones clearly described in the business’s individualized business plan. The individualized business plan shall include technical assistance, provided at no cost to the business, which shall include education on the management and scale of a business through live training or guided recorded sessions. All eligible businesses that receive an investment from the Fund shall be required to participate in at least 3 months of technical assistance training. Sec. 2166. Reporting requirements. The Fund Manager shall submit to the Mayor, on a quarterly basis, a report on the activities of the Fund. The report shall include, at a minimum: (1) The aggregate amount of dollars invested in eligible businesses during the reporting period; (2) The number of eligible businesses receiving an investment, including the name and business address for each; (3) A copy of the individualized business plan for each eligible business, including a description of the technical assistance training provided; and (4) The aggregate amount of funds in the Fund and a breakdown of the amount of the funds in the Fund used for each of the following, with each amount reported as a percentage of the aggregate amount of the Fund: (A) The percentage used for technical training assistance; (B) The percentage used for administration costs; and (C) The percentage used to compensate the Fund Manager. Sec. 2167. Recovery of District investment. The Mayor shall reserve the right to recover the amount of its initial investment into the Fund and may exercise this right if the Fund Manager does not, within a reasonable period, as ENROLLED ORIGINAL 55 determined by the Mayor, place investments into eligible businesses in an amount equal to the amount of the District’s initial investment into the Fund. SUBTITLE R. AFFORDABLE HOUSING LOAN FUND AUTHORIZATION Sec. 2171. Short Title. This subtitle may be cited as the “Affordable Housing Loan Fund Authorization Emergency Amendment Act of 2020”. Sec. 2172. The Department of Housing and Community Development is authorized to submit an application for the program offered by the U.S. Department of Housing and Urban Development, pursuant to section 108 of the Housing and Community Development Act of 1974, approved August 22, 1974 (88 Stat. 647; 42 U.S.C. § 5308), to provide a gap subsidy resource source for Community Development Block Grant-eligible affordable housing acquisition and rehabilitation projects in Fiscal Year 2021 that also meet the criteria for the use of money in the Housing Preservation Fund, established by section 2032 of the Housing Preservation Fund Establishment Act of 2017, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 1-325.351), or the Housing Production Trust Fund, established by section 3 of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2802). Sec. 2173. Section 2009(d) of the Department of Housing and Community Development Unified Fund Establishment Act of 2008, effective August 16, 2008 (D.C. Law 17-219; D.C. Official Code § 42-2857.01(d)), is amended as follows: (a) The existing text is designated as paragraph (1). (b) A new paragraph (2) is added to read as follows: “(2) Costs associated with the application or implementation of projects pursuant to the Affordable Housing Loan Fund Authorization Emergency Amendment Act of 2020, passed on emergency basis on July 28, 2020 (Enrolled version of Bill 23-867), shall not be considered project-delivery costs for purposes of paragraph (1) of this subsection.”. Sec. 2174. Section 3(b)(10) of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-202; D.C. Official Code § 42-2802(b)(10)), is amended as follows: (a) The existing text is designated as subparagraph (A). (b) A new subparagraph (B) is added to read as follows: “(B) Costs associated with the application or implementation of projects pursuant to the Affordable Housing Loan Fund Authorization Emergency Amendment Act of 2020, passed on emergency basis on July 28, 2020 (Enrolled version of Bill 23-867), shall not be considered administration of the Fund for purposes of this paragraph.”. ENROLLED ORIGINAL 56 SUBTITLE S. RENT STABILIZATION EXTENSION Sec. 2181. Short Title. This subtitle may be cited as the “Rent Stabilization Extension Emergency Amendment Act of 2020”. Sec. 2182. Section 907 of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code § 42-3509.07), is amended by striking the phrase “shall terminate on December 31, 2020” and inserting the phrase “shall terminate on December 31, 2030” in its place. SUBTITLE T. EXPENDITURES FROM THE PUBLIC HOUSING AND STRUCTURAL TRANSFORMATION CAPITAL ACCOUNT Sec. 2191. Short title. This subtitle may be cited as the “Expenditures from the Public Housing and Structural Transformation Capital Account Emergency Act of 2020”. Sec. 2192. Expenditures from the Public Housing and Structural Transformation capital account. (a) The District of Columbia Housing Authority (“Authority”) shall not obligate or expend any money from capital project DHA21C unless the expenditure, or planned expenditure in the case of an obligation, is part of a proposed spending plan submitted by the Authority to the Mayor, to the Council, and to the chairperson of the Council committee with oversight of the District of Columbia Housing Authority. (b) Each proposed spending plan submitted by the Authority to the Mayor shall include detailed information on each project for which the Authority proposes to expend funds from capital project DHA21C. At a minimum, the information provided for a project shall include: (1) The proposed location of the project; (2) A detailed proposed scope of the project; (3) A detailed proposed line-item budget for the project; (4) A detailed proposed timeline for the project; and (5) A statement of whether the implementation of the proposed project will require the relocation of tenants and, if such relocation is required, a detailed proposed relocation plan. (c)(1) For each solicitation of a contract valued at $100,000 or more that is funded with money from capital project DHA21C, the Authority shall: (A) Award preferences to certified business enterprises as provided in section 2343 of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.43); and (B) Exercise its contracting and procurement authority for contracts funded by capital project DHA21C so as to meet, on an annual basis, the goals of procuring and ENROLLED ORIGINAL 57 contracting at least 50% of the dollar volume of such contracts (“CBE dollar volume”) with certified business enterprises and at least 50% of the CBE dollar volume with small business enterprises. (2) For the purposes of this subsection, the term: (A) “Certified business enterprise” shall have the meaning set forth in section 2302(1D) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(1D)). (B) “Small business enterprise” shall have the meaning set forth in section 2302(16) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(16)). SUBTITLE U. DC CENTRAL KITCHEN FACILITY GRANT Sec. 2201. Short title. This subtitle may be cited as the “DC Central Kitchen Facility Grant Emergency Act of 2020”. Sec. 2202. Notwithstanding section 4(c) of the Workforce Investment Implementation Act of 2000, effective July 18, 2000 (D.C. Law 13-150; D.C. Official Code § 32-1603(c)), and the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.), in Fiscal Year 2021, the Workforce Investment Council shall award DC Central Kitchen a grant in the amount of $1,000,000 to build a new training facility that will provide culinary training services and community nutrition programming and to aid in the relocation of its headquarters. SUBTITLE V. C&O CANAL GRANT Sec. 2211. Short title. This subtitle may be cited as the “C&O Canal Grant Emergency Act of 2020”. Sec. 2212. (a) In Fiscal Year 2021, the Office of Planning shall award a grant of not less than $500,000 to an organization partnering with the National Park Service to complete concept design plans for the Chesapeake and Ohio Canal in Georgetown. (b) A grant awarded pursuant to this section shall be in addition to any other grant awarded by the Office of Planning for design work for the Chesapeake and Ohio Canal. TITLE III. PUBLIC SAFETY AND JUSTICE SUBTITLE A. CRIMINAL CODE REFORM COMMISSION Sec. 3001. Short title. This subtitle may be cited as the “Criminal Code Reform Commission Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 58 Sec. 3002. The Criminal Code Reform Commission Establishment Act of 2016, effective October 8, 2016 (D.C. Law 21-160; D.C. Official Code § 3-151 et seq.), is amended as follows: (a) Section 3122(c)(1) (D.C. Official Code § 3-151(c)(1)) is amended by striking the phrase “, or until the Commission is dissolved pursuant to section 3127, and” and inserting the phrase “, and” in its place. (b) Section 3123 (D.C. Official Code § 3-152) is amended as follows: (1) The section heading is amended to read as follows: “Sec. 3123. Duties of the Criminal Code Reform Commission.”. (2) The lead-in language of subsection (a) is amended by striking the phrase “By September 30, 2020” and inserting the phrase “By March 31, 2021” in its place. (3) Subsection (d) is amended by striking the phrase “provide, upon request by the Council, a legal analysis of proposed legislation concerning criminal offenses, including” and inserting the phrase “provide, upon request by the Council or on its own initiative, a legal or policy analysis of proposed legislation or best practices concerning criminal offenses, procedures, or reforms, including” in its place. (4) Subsection (e) is amended by striking the phrase “regarding criminal code reform to advance” and inserting the phrase “to advance” in its place. (c) The lead-in language of section 3124(a) (D.C. Official Code § 3-153(a)) is amended by striking the phrase “section 3123” and inserting the phrase “section 3123(a)” in its place. (d) Section 3125 (D.C. Official Code § 3-154) is amended as follows: (1) Subsection (a) is amended by striking the phrase “The Commission” and inserting the phrase “Until March 31, 2021, the Commission” in its place. (2) Subsection (b) is amended by striking the phrase “The Commission shall file an annual report with the Council before March 31 of each year” and inserting the phrase “Before March 31, 2021, the Commission shall file a report with the Council” in its place. (3) A new subsection (c) is added to read as follows: “(c) Before March 31, 2022, and annually thereafter, the Commission shall file an annual report with the Council of its activities during the previous calendar year.”. (e) Section 3127 (D.C. Official Code § 3-156) is repealed. SUBTITLE B. RESTORATIVE JUSTICE COLLABORATIVE Sec. 3011. Short title. This subtitle may be cited as the “Restorative Justice Collaborative Emergency Amendment Act of 2020”. Sec. 3012. The Neighborhood Engagement Achieves Results Amendment Act of 2016, effective June 30, 2016 (D.C. Law 21-125; D.C. Official Code § 7-2411 et seq.), is amended as follows: (a) Section 101 (D.C. Official Code § 7-2411) is amended as follows: (1) Subsection (a) is amended as follows: ENROLLED ORIGINAL 59 (A) Paragraph (2) is amended by striking the phrase “; and” and inserting a semicolon in its place. (B) Paragraph (3) is amended by striking the period and inserting the phrase “; and” in its place. (C) A new paragraph (4) is added to read as follows: “(4) The Restorative Justice Collaborative, which shall serve as a centralized hub to coordinate and foster restorative justice programming and practices within the District government and by and in partnership with District community-based organizations.”. (2) Subsection (b) is amended as follows: (A) Paragraph (5) is amended by striking the phrase “; and” and inserting a semicolon in its place. (B) Paragraph (6) is amended by striking the period and inserting the phrase “; and” in its place. (C) A new paragraph (7) is added to read as follows: “(7) Coordinating and fostering restorative justice programming and practices within the District government and by and in partnership with District community-based organizations, with a focus on the 18-to-35-year old population.”. (b) Section 102(a)(3) (D.C. Official Code § 7-2412(a)(3)) is amended by striking the phrase “programming; and” and inserting the phrase “and restorative justice programming; and” in its place. SUBTITLE C. EMERGENCY MEDICAL SERVICES TRANSPORT CONTRACT Sec. 3021. Short title. This subtitle may be cited as the “Emergency Medical Services Transport Contract Authority Emergency Amendment Act of 2020”. Sec. 3022. Section 3073 of the Emergency Medical Services Transport Contract Authority Amendment Act of 2016, effective October 8, 2016 (D.C. Law 21-160; 63 DCR 10775), is amended by striking the date “September 30, 2021” and inserting the date “September 30, 2023” in its place. SUBTITLE D. SENIOR POLICE OFFICERS PROGRAM Sec. 3031. Short title. This subtitle may be cited as the “Senior Police Officers Retention Emergency Amendment Act of 2020”. Sec. 3032. Section 2(h)(1) of the Retired Police Officer Redeployment Amendment Act of 1992, effective September 29, 1992 (D.C. Law 9-163; D.C. Official Code § 5-761(h)(1)), is amended by striking the date “October 1, 2020” and inserting the date “October 1, 2023” in its place. ENROLLED ORIGINAL 60 SUBTITLE E. OFFICE ON RETURNING CITIZEN AFFAIRS Sec. 3041. Short title. This subtitle may be cited as the “Moving the Office on Returning Citizen Affairs Emergency Amendment Act of 2020”. Sec. 3042. Section 3022 of the Office of the Deputy Mayor for Public Safety and Justice Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official Code § 1-301.191), is amended as follows: (a) Subsection (c) is amended as follows: (1) Paragraph (1) is amended to read as follows: “(1) Be responsible for providing guidance and support to, and coordination of, public safety, justice, and returning citizen agencies within the District of Columbia government, including the Office on Returning Citizen Affairs, established by section 3 of the Office on Ex- Offender Affairs and Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1302);”. (2) Paragraph (2) is amended to read as follows: “(2) Ensure accountability through general oversight over public safety, justice, and returning citizen agencies, as well as the programs under the jurisdiction of the Office;”. (3) Paragraph (3) is amended by striking the phrase “public-safety and justice services” and inserting the phrase “public safety, justice, and returning citizen services” in its place. (4) Paragraph (4) is amended by striking the phrase “criminal justice or public- safety issues, in the coordination, planning, and implementation of public-safety and justice matters” and inserting the phrase “public safety, justice, or returning citizen issues, in the coordination, planning, and implementation of public safety, justice, and returning citizen matters” in its place. (5) Paragraph (5) is repealed. (b) A new subsection (e) is added to read as follows: “(e) For the purposes of this section, the term “returning citizens” shall have the same meaning as provided in section 2(5) of the Office on Ex-Offender Affairs and Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1301(5)).”. Sec. 3043. Section 3(a) of the Office on Ex-Offender Affairs and Commission on Re- Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1302(a)), is amended by striking the phrase “established the Office on Returning Citizen Affairs” and inserting the phrase “established, as a subordinate Executive agency within the Public Safety and Justice cluster, the Office on Returning Citizen Affairs” in its place. ENROLLED ORIGINAL 61 SUBTITLE F. CONCEALED PISTOL LICENSING REVIEW BOARD Sec. 3051. Short title. This subtitle may be cited as the “Concealed Pistol Licensing Review Board Membership Emergency Amendment Act of 2020”. Sec. 3052. Section 908 of the Firearms Control Regulations Act of 1975, effective June 16, 2015 (D.C. Law 20-279; D.C. Official Code § 7-2509.08), is amended as follows: (a) Subsection (b)(1) is amended as follows: (1) The lead-in language is amended by striking the phrase “7 members” and inserting the phrase “11 members” in its place. (2) Subparagraph (D) is amended by striking the semicolon and inserting the phrase “; and” in its place. (3) Subparagraph (E) is amended as follows: (A) The lead-in language is amended by striking the phrase “Three public” and inserting the phrase “Seven public” in its place. (B) Sub-subparagraph (i) is amended by striking the phrase “; and” and inserting a semicolon in its place. (C) Sub-subparagraph (ii) is amended by striking the period and inserting a semicolon in its place. (D) New sub-subparagraphs (iii), (iv), and (v) are added to read as follows: “(iii) Two District residents with professional experience in the field of gun violence prevention; “(iv) One District resident with professional experience in the field of victim services or advocacy; and “(v) One District resident attorney in good standing with the District of Columbia Bar with professional experience in criminal law.”. (b) Subsection (c) is amended by striking the phrase “section. Each hearing panel shall contain at least one member designated by subsection (b)(1)(A), (B), or (D) of this section.” and inserting the phrase “section.” in its place. SUBTITLE G. LITIGATION SUPPORT FUND AND GRANT-MAKING AUTHORITY Sec. 3061. Short title. This subtitle may be cited as the “Litigation Support Fund and Grant-Making Authority Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 62 Sec. 3062. The Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, effective May 27, 2010 (D.C. Law 18-160; D.C. Official Code § 1-301.81 et seq.), is amended as follows: (a) Section 106b (D.C. Official Code § 1-301.86b) is amended as follows: (1) Subsection (c) is amended as follows: (A) Paragraph (1)(B) is amended by striking the phrase “Funding staff positions, up to a maximum amount of $4 million” and inserting the phrase “Funding staff positions, personnel costs, and employee retirement and separation incentives, up to a maximum amount of $6 million” in its place. (B) Paragraph (2) is amended to read as follows: “(2) Beginning in Fiscal Year 2020, up to $7 million deposited into the Fund each fiscal year may be used for the purposes of crime reduction, violence interruption, and other public safety initiatives.”. (C) A new paragraph (3) is added to read as follows: “(3) In Fiscal Year 2021, the first $500,000 deposited into the Fund shall be transferred to the Office of Victim Services and Justice Grants for victim services grants.”. (2) Subsection (d)(3) is amended as follows: (A) Subparagraph (A) is amended by striking the phrase “$10 million” both times it appears and inserting the phrase “$17 million” in its place. (B) Subparagraph (B) is amended by striking the phrase “$11.6 million in the Fund until September 30, 2020” and inserting the phrase “$19.1 million in the Fund until September 30, 2021” in its place. (3) A new subsection (f) is added to read as follows: “(f) Notwithstanding any other provision of this section, $12,039,659.91 of the amount to be received by the District in Fiscal Year 2021 in settlement of District of Columbia v. Monsanto Co., Superior Court of the District of Columbia Case No. 2020 CA 002445 B, shall be deposited in the Fund and allocated as follows: “(1) $7,339,659.91 shall be paid in attorney’s fees and costs to May Firm/EKM Association on PCBs for legal services received pursuant to Contract No. DCCB-2019-C-0008; and “(2) $4,700,000 shall be used for the authorized purposes of the Fund pursuant to subsection (c) of this section.”. (b) Section 108c (D.C. Official Code § 1-301.88f) is amended as follows: (1) The section heading is amended by striking the phrase “reduction and violence interruption” and inserting the phrase “reduction, violence interruption, and assistance to victims of crime and other vulnerable residents” in its place. (2) Subsection (a) is amended by striking the phrase “reduction and violence interruption” and inserting the phrase “reduction, violence interruption, and assistance to victims of crime and other categories of vulnerable residents served by the Office of the Attorney General, including seniors, children, individuals protected from discrimination under the Human ENROLLED ORIGINAL 63 Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2- 1401.01 et seq.), and individuals previously involved in the criminal justice system” in its place. Sec. 3063. Applicability. This subtitle shall apply as of July 31, 2020. SUBTITLE H. CHIEF OF POLICE TERM OF OFFICE Sec. 3071. Short title. This subtitle may be cited as the “Chief of Police Term of Office Emergency Amendment Act of 2020”. Sec. 3072. Section l of An Act Relating to the Metropolitan police of the District of Columbia, approved February 28, 1901 (31 Stat. 819; D.C. Official Code § 5-105.01), is amended by adding a new subsection (e) to read as follows: “(e)(1) Effective May 2, 2017, the term of office for Chief of Police shall be 4 years; except, that the Mayor may earlier terminate a Chief of Police with or without cause during that Chief of Police’s term of office. “(2) In the event a Chief of Police leaves office prior to the expiration of a 4-year term, the successor Chief nominated by the Mayor and confirmed by the Council shall serve a new 4-year term of office, subject to removal during that term by the Mayor in accordance with paragraph (1) of this subsection.”. SUBTITLE I. MONSANTO SETTLEMENT ALLOCATION Sec. 3081. Short title. This subtitle may be cited as the “Monsanto Settlement Allocation Emergency Act of 2020”. Sec. 3082. Notwithstanding any other provision of law, the $52 million to be received by the District in Fiscal Year 2021 in settlement of District of Columbia v. Monsanto Co., Superior Court of the District of Columbia Case No. 2020 CA 002445 B, shall be recognized as revenue and allocated as follows: (1) $7,339,659.91 shall be deposited in the Litigation Support Fund, established pursuant to section 106b of the Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, effective October 22, 2015 (D.C. Law 21-36; D.C. Official Code § 1-301.86b) (“Litigation Support Fund”), to pay attorney’s fees and costs to May Firm/EKM Association on PCBs for legal services received pursuant to Contract No. DCCB-2019-C-0008; (2) $4,700,000 shall be deposited into the Litigation Support Fund and used for the authorized purposes of that fund; ENROLLED ORIGINAL 64 (3) $30,000,000 shall be deposited into the Clean Land Fund, established pursuant to section 308 of the Brownfield Revitalization Amendment Act of 2000, effective June 13, 2001 (D.C. Law 13-312; D.C. Official Code § 8-633.08), to be used for the authorized purposes of that fund; and (4) $9,960,340.09 shall be deposited as local funds into the General Fund and shall be made available as set forth in the approved Fiscal Year 2021 Budget and Financial Plan. Sec. 3083. Applicability. This subtitle shall apply as of July 28, 2020. SUBTITLE J. ETHICS ENFORCEMENT Sec. 3091. Short title. This subtitle may be cited as the “Ethics Enforcement Emergency Amendment Act of 2020”. Sec. 3092. The Government Ethics Act of 2011, effective April 27, 2012 (D.C. Law 19- 124; D.C. Official Code § 1-1162.01 et seq.), is amended as follows: (a) Section 215 (D.C. Official Code § 1-1162.15) is amended as follows: (1) Subsection (a) is amended as follows: (A) Paragraph (2) is amended by striking the phrase “the United States Attorney for the District of Columbia for enforcement or prosecution;” and inserting the phrase “the prosecutorial authority with jurisdiction for enforcement or prosecution; or” in its place. (B) Paragraph (3) is repealed. (2) Subsection (b) is amended to read as follows: “(b) The Board may refer information concerning an alleged violation of the Code of Conduct or of this title to the prosecutorial authority with jurisdiction for enforcement or prosecution after the presentation of evidence by the Director of Government Ethics to the Board as provided in section 212(b), 213(e), or 214(a).”. (b) Section 221 (D.C. Official Code § 1-1162.21) is amended as follows: (1) Subsection (b) is amended as follows: (A) Paragraph (1) is amended by striking the phrase “not more than $25,000” and inserting the phrase “not more than $5,000” in its place. (B) A new paragraph (1A) is added to read as follows: “(1A) The fine set forth in paragraph (1) of this subsection shall not be limited by section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01).”. (C) Paragraph (2) is amended to read as follows: “(2) Prosecutions of violations of this subsection shall be brought by the Attorney General for the District of Columbia.”. ENROLLED ORIGINAL 65 (D) A new paragraph (3) is added to read as follows: “(3) For the purposes of this subsection and section 222(a), violations of the following provisions of the Code of Conduct substantially threaten the public trust: “(A) Section 223; and “(B) Section 416 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-354.16).”. (2) Subsection (d) is amended by striking the phrase “the Board, the Attorney General of the District of Columbia, or of the United States Attorney for the District of Columbia” and inserting the phrase “the Board or the Attorney General of the District of Columbia” in its place. TITLE IV. PUBLIC EDUCATION SYSTEMS SUBTITLE A. UNIFORM PER STUDENT FUNDING FORMULA INCREASE Sec. 4001. Short title. This subtitle may be cited as the “Funding for Public Schools and Public Charter Schools Increase Emergency Amendment Act of 2020”. Sec. 4002. The Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-2901 et seq.), is amended as follows: (a) Section 104(a) (D.C. Official Code § 38-2903(a)) is amended by striking the phrase “$10,980 per student for Fiscal Year 2020” and inserting the phrase “$11,310 per student for Fiscal Year 2021” in its place. (b) Section 105 (D.C. Official Code § 38-2904) is amended by striking the tabular array and inserting the following tabular array in its place: “Grade Level Weighting Per Pupil Allocation in FY 2021 “Pre-Kindergarten 3 1.34 $15,155 “Pre-Kindergarten 4 1.30 $14,703 “Kindergarten 1.30 $14,703 “Grades 1-5 1.00 $11,310 “Grades 6-8 1.08 $12,215 “Grades 9-12 1.22 $13,798 ENROLLED ORIGINAL 66 “Alternative program 1.445 $16,343 “Special education school 1.17 $13,233 “Adult 0.89 $10,066 (c) Section 106(c) (D.C. Official Code § 38-2905(c)) is amended to read as follows: “(c) The supplemental allocations shall be calculated by applying weightings to the foundation level as follows: “Special Education Add-ons: “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 “Level 1: Special Education Eight hours or less per school week of specialized services 0.97 $10,971 “Level 2: Special Education More than 8 hours and less than or equal to 16 hours per school week of specialized services 1.20 $13,572 “Level 3: Special Education More than 16 hours and less than or equal to 24 hours per school week of specialized services 1.97 $22,281 “Level 4: Special Education More than 24 hours per school week of specialized services, which may include instruction in a self-contained (dedicated) special education school other than residential placement 3.49 $39,472 “Special Education Compliance Funding Weighting provided in addition to special education level add-on weightings on a per-student basis for special education compliance. 0.099 $1,120 ENROLLED ORIGINAL 67 “Attorney’s Fees Supplement Weighting provided in addition to special education level add-on weightings on a per-student basis for attorney’s fees. 0.089 $1,007 “Residential D.C. Public School or public charter school that provides students with room and board in a residential setting, in addition to their instructional program 1.67 $18,888 “General Education Add-ons: “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 “ELL Additional funding for English Language Learners 0.49 $5,542 “At-risk Additional funding for students in foster care, who are homeless, on TANF or SNAP, or behind grade level 0.2256 $2,552 “Residential Add-ons: “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 “Level 1: Special Education - Residential Additional funding to support the after- hours level 1 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 0.37 $4,185 “Level 2: Special Education - Residential Additional funding to support the after- hours level 2 special education needs of students living in a D.C. Public School or public charter school that provides 1.34 $15,155 ENROLLED ORIGINAL 68 students with room and board in a residential setting “Level 3: Special Education - Residential Additional funding to support the after- hours level 3 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 2.89 $32,686 “Level 4: Special Education - Residential Additional funding to support the after- hours level 4 special education needs of limited- and non-English-proficient students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 2.89 $32,686 “LEP/NEP - Residential Additional funding to support the after- hours limited- and non-English- proficiency needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting 0.668 $7,555 “Special Education Add-ons for Students with Extended School Year (“ESY”) Indicated in Their Individualized Education Programs (“IEPs”): “Level/ Program Definition Weighting Per Pupil Supplemental Allocation FY 2021 “Special Education Level 1 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs. 0.063 $713 “Special Education Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.227 $2,567 ENROLLED ORIGINAL 69 Level 2 ESY “Special Education Level 3 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.491 $5,553 “Special Education Level 4 ESY Additional funding to support the summer school or program need for students who require ESY services in their IEPs 0.491 $5,553 .” . (d) Section 115 (D.C. Official Code § 38-2913) is amended by striking the phrase “Fiscal Year 2022” and inserting the phrase “Fiscal Year 2024” in its place. SUBTITLE B. EDUCATION FACILITY COLOCATION Sec. 4011. Short title. This subtitle may be cited as the “Education Facility Colocation Emergency Amendment Act of 2020”. Sec. 4012. Section 3422 of the Public School and Public Charter School Facilities Sharing Act of 2002, effective October 1, 2002 (D.C. Law 14-190; D.C. Official Code § 38- 1831.01), is amended as follows: (a) Subsection (a) is amended to read as follows: “(a) The District of Columbia Public Schools system may allow existing public charter schools that are chartered pursuant to the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-107; D.C. Official Code 38-1800.01 et seq.), to utilize space in DCPS facilities, for a period not greater than 15 years, where such facilities are currently or are projected to be underutilized.”. (b) Subsection (b) is amended as follows: (1) Paragraphs (1) and (2) are amended to read as follows: “(1) As payment for the space allocation, the public charter school shall pay to DCPS an amount agreeable to the charter school and DCPS. “(2) The amount of payment shall be agreed upon before relocation of any public charter school into a DCPS facility.”. (2) Paragraph (3) is repealed. (c) Subsection (c) is amended by striking the phrase “Board of Education shall” and inserting the phrase “Mayor may” in its place. (d) A new subsection (d) is added to read as follows: ENROLLED ORIGINAL 70 “(d)(1) There is established as a special fund the DCPS School Facility Colocation Fund (“Fund”), which shall be administered by DCPS in accordance with paragraph (3) of this subsection. “(2) All payments received from public charter schools under this section shall be deposited in the Fund. “(3) Money in the Fund shall be used for the following purposes: “(A) To fund additional school programming, supplemental staff, special initiatives, and other activities and programs at DCPS schools in which charter schools are colocated; and “(B) For maintenance of, or improvements to, DCPS schools in which charter schools are colocated. “(4)(A) 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. “(B) 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) A new subsection (e) is added to read as follows: “(e) Any funds received by a DCPS school pursuant to this section shall be supplemental to any funds budgeted for the school from the Uniform Per Student Funding Formula or other fund source. A school’s school-based budget shall not be reduced based on funds received pursuant to this section.”. SUBTITLE C. CHILD CARE GRANTS Sec. 4021. Short title. This subtitle may be cited as the “Grantmaking Authority to Expand Access to Quality Child Care Emergency Amendment Act of 2020”. Sec. 4022. Child care grantmaking authority. Section 3(b) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)), is amended as follows: (a) Paragraph (30) is amended by striking the phrase “; and” and inserting a semicolon in its place. (b) Paragraph (31)(C) is amended by striking the period and inserting the phrase “; and” in its place. (c) A new paragraph (32) is added to read as follows: “(32) Have the authority to issue grants, from funds under its administration, to non-profit and community-based organizations to increase access to, the affordability of, and the quality of child care in the District.”. ENROLLED ORIGINAL 71 SUBTITLE D. UNIVERSITY OF THE DISTRICT OF COLUMBIA FUNDRAISING MATCH Sec. 4031. Short title. This subtitle may be cited as the “University of the District of Columbia Fundraising Match Emergency Act of 2020”. Sec. 4032. (a) In Fiscal Year 2021, of the funds allocated to the Non-Departmental agency, $1, up to a maximum of $1.5 million, shall be transferred to the University of the District of Columbia (“UDC”) to match dollar-for-dollar the amount UDC raises from private donations by April 1, 2021. (b) Of the amount transferred to UDC pursuant to subsection (a) of this section, no less than one-third of the funds shall be deposited into UDC’s endowment fund. SUBTITLE E. ADULT AND RESIDENTIAL PUBLIC CHARTER SCHOOL STABLIZATION Sec. 4041. Short title. This subtitle may be cited as the “Adult and Residential Public Charter School Funding Stabilization Emergency Amendment Act of 2020”. Sec. 4042. Section 107b of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective April 13, 2005 (D.C. Law 15-348; D.C. Official Code § 38-2906.02), is amended by adding a new subsection (c-1) to read as follows: “(c-1)(1) Notwithstanding subsections (b), (c), (d), and (g) of this section, for School Year 2020-2021, the annual payment pursuant to the Funding Formula for each adult education program and each residential public charter school shall equal the total estimated costs for the number of District resident students projected to be enrolled in the adult education program or the residential public charter school, during School Year 2020-2021, including the costs of all add-on components provided in sections 106 and 106a, based on the program or school’s enrollment projections contained in the Mayor’s Fiscal Year 2021 proposed budget, as modified pursuant to section 107(e). “(2)(A) The first quarterly payment shall be 35% of a school’s annual payment. “(B) A school’s October 25, January 15, and April 15 payments shall each equal 1/3 of the school’s total remaining annual payment after the first quarterly payment is made. “(3) For the purposes of this subsection, the term: “(A) “Adult education program” means a public charter school or a program in a public charter school that, during School Year 2019-2020, was identified as an adult education performance management framework school by the District of Columbia Public Charter School Board. ENROLLED ORIGINAL 72 “(B) “Residential public charter school” means a public charter school that, during School Year 2019-2020, provided a majority of its students with room and board in a residential setting, in addition to their instructional program.”. Sec. 4043. Applicability. This subtitle shall apply as of July 31, 2020. SUBTITLE F. SCHOOL FINANCIAL TRANSPARENCY Sec. 4051. Short title. This subtitle may be cited as the “School Financial Transparency Emergency Amendment Act of 2020”. Sec. 4052. Section 202 of the Department of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191), is amended as follows: (a) Subsection (b) is amended as follows: (1) Paragraph (8) is amended by striking the phrase “; and” and inserting a semicolon in its place. (2) Paragraph (9) is amended by striking the period and inserting the phrase “; and” in its place. (3) A new paragraph (10) is added to read as follows: “(10)(A) By May 31, 2021, establish common financial reporting standards for the non-capital budgets and expenditures of District of Columbia Public Schools and public charter schools. The common financial reporting standards shall: “(i) Include categories for reporting budgets and expenditures for instructional staff, school administrators, instructional supports, educational materials, and non- educational administrative costs; “(ii) Permit meaningful and accurate budget and expenditure comparisons, including comparisons of budgets and expenditures for at-risk students, as defined in section 102(2A) of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-2901(2A)), between all public schools and between all local education agencies; “(iii) Ensure full and accurate disclosure of administrative costs for each local education agency; and “(iv) Make it possible to collect comparable data by school campus. “(B) For the purposes of this paragraph, the term: “(i) “Local education agency” means the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter. “(ii) “Public schools” includes public charter schools.”. ENROLLED ORIGINAL 73 (b) A new subsection (f) is added to read as follows: “(f)(1) To support the establishment of common financial reporting standards required pursuant to subsection (b)(10) of this section, the Deputy Mayor for Education may issue grants not to exceed $200,000, in Fiscal Year 2021. “(2) Grants issued pursuant to this subsection shall be administered pursuant to the requirements set forth in the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.11 et seq.).”. Sec. 4053. Section 3(b) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)), is amended by adding a new paragraph (3A) to read as follows: “(3A) Beginning in May 2024, and annually thereafter, electronically publish for each public school and public charter school the previous school year’s expenditures, based on the common financial reporting standards established by the Department of Education pursuant to section 202(b)(10) of the Department of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191(b)(10)), in a manner that permits the public to easily compare expenditures between individual schools and between local education agencies.”. Sec. 4054. The Board of Education Continuity and Transition Amendment Act of 2004, effective December 7, 2004 (D.C. Law 15-211; D.C. Official Code §§ 38-2831 and 38-2951 et seq.), is amended as follows: (a) Section 6 (D.C. Official Code § 38-2831) is amended as follows: (1) Subsection (b) is amended as follows: (A) Paragraph (1) is amended to read as follows: “(1) All funds budgeted for each school, including a summary statement or table of the local-funds budget for each school, by revenue source for activities and service levels, and by revenue source for comptroller source group by activities and service levels;” (B) Paragraph (2) is amended by striking the phrase “; and” and inserting a semicolon in its place. (C) Paragraph (3)(B) is amended by striking the period and inserting a semicolon in its place. (D) New paragraphs (4) and (5) are added to read as follows: “(4) The methodology used to determine each school’s local funding; and “(5) For each school’s individual budget, a separate budget line item for funding allocated to at-risk students, as defined in section 102(2A) of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code § 38-2901(2A)), as coded in the District’s current official financial system of record.”. (2) A new subsection (g) is added to read as follows: ENROLLED ORIGINAL 74 “(g) By December 1, 2023, and annually thereafter, the Mayor shall transmit a report of the previous school year’s actual expenditures, for each school, to the Office of the State Superintendent of Education. The report shall conform to the common financial reporting standards established by the Department of Education pursuant to section 202(b)(10) of the Department of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191(b)(10)).”. (b) A new section 6a is added to read as follows: “Sec. 6a. District of Columbia Public Schools school-level budget model. “As part of the District of Columbia Public Schools’ (“DCPS”) regular multi-year strategic planning and goal setting, DCPS shall include, and make publicly available, an analysis of the model used to determine school-level budgets for DCPS schools. The analysis shall include the following: “(1) A summary of DCPS costs, including personnel costs; “(2) Research in education and education finance; “(3) A discussion of budget alignment with DCPS priorities; and “(4) Recommendations for changes, if applicable.”. Sec. 4055. Section 106a of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Amendment Act of 1998, effective February 22, 2014 (D.C. Law 20- 87; D.C. Official Code § 38-2905.01), is amended by adding a new subsection (d) to read as follows: “(d) Beginning December 31, 2023, and annually thereafter, every local education agency that is allocated funds pursuant to this section shall provide the Office of the State Superintendent of Education with data related to expenditures of such funds consistent with reporting standards established by the Department of Education pursuant to section 202(b)(10) of the Department of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17- 9; D.C. Official Code § 38-191(b)(10)).”. Sec. 4056. The District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-107; D.C. Official Code § 38-1802.01 et seq.), is amended as follows: (a) Section 2204(c) (D.C. Official Code § 38-1802.04(c)), is amended by adding a new paragraph (23) to read as follows: “(23) School expenditures and budgets. — “(A) Beginning July 29, 2022, and annually thereafter, the Board of Trustees of each public charter school shall prepare and submit to the Public Charter School Board and OSSE, for each campus under its control, the following data: “(i) Actual expenditures for the prior school year; “(ii) The current school year’s budget; and “(iii) A draft budget for the following school year. ENROLLED ORIGINAL 75 “(B) The data submitted pursuant to subparagraph (A) of this paragraph shall conform to the common financial reporting standards established by the Department of Education pursuant to section 202(b)(10) of the Department of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-191(b)(10)). “(C) The Public Charter School Board shall electronically publish the data it receives pursuant to subparagraph (A) of this paragraph in a uniform manner for each school by November 1 each year.”. (b) Section 2205 (D.C. Official Code § 38-1802.05) is amended by adding a new subsection (e) to read as follows: “(e) Open meetings. — All meetings of a Board of Trustees shall be subject to the requirements of the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571 et seq.).”. Sec. 4057. The Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571 et seq.), is amended as follows: (a) Section 404(3) (D.C. Official Code § 2-574(3)) is amended as follows: (1) The lead-in language is amended by striking the phrase “agency, or” and inserting the phrase “agency, the board of trustees of a public charter school, or” in its place. (2) Subparagraph (C) is repealed. (b) Section 405(b) (D.C. Official Code § 2-575(b)) is amended as follows: (1) Paragraph (10) is amended by striking the semicolon and inserting the phrase “, or of public charter school personnel, where the public body is the board of trustees of a public charter school;” in its place. (2) Paragraph (11) is amended by striking the phrase “obtained from outside the government” and inserting the phrase “obtained from outside the government or public body” in its place. (3) Paragraph (13) is amended by striking the phrase “; and” and inserting a semicolon in its place. (4) Paragraph (14) is amended by striking the period and inserting a semicolon in its place. (5) New paragraphs (15) and (16) are added to read as follows: “(15) To discuss matters involving personally identifiable information of students; and “(16)(A) When the public body is the board of trustees for a public charter school, to meet with the staff of an eligible chartering authority, for the purpose of being evaluated by the eligible chartering authority. “(B) Subparagraph (A) of this paragraph shall not be construed to permit the board of trustees for a public charter school to close a meeting that would otherwise be open merely because the staff of an eligible charting authority is participating.”. ENROLLED ORIGINAL 76 (c) Section 406(3) (D.C. Official Code § 2-576(3)) is amended by striking the phrase “subsection, notice” and inserting the phrase “subsection, except for meetings of boards of trustees for public charter schools, notice” in its place. (d) Section 408(b)(1) (D.C. Official Code § 2-578(b)(1)) is amended by striking the period and inserting the phrase “, or in the case of a board of trustees for a public charter school, no later than 30 business days after the meeting.”. SUBTITLE G. HEALTHY SCHOOLS FUND RESTORATION Sec. 4061. Short title. This subtitle may be cited as the “Healthy Schools Fund Restoration Emergency Amendment Act of 2020”. Sec. 4062. Section 102(f) of the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; D.C. Official Code § 38-821.02(f)), is amended by striking the phrase “Beginning on October 1, 2019, an amount of $5,110,000” and inserting the phrase “Beginning on October 1, 2020, an amount of $5,590,000” in its place. SUBTITLE H. WILKINSON SCHOOL DISPOSITION PROCESS Sec. 4071. Short title. This subtitle may be cited as the “Wilkinson School Disposition Process Emergency Amendment Act of 2020”. Sec. 4072. Section 2209(b)(1) of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-125; D.C. Official Code § 38-1802.09(b)(1)), is amended by adding a new subparagraph (B-ii) to read as follows: “(B-ii) Notwithstanding subparagraph (A) of this paragraph, the Mayor may give the right of first offer to purchase, lease, or otherwise use the former Wilkinson Elementary School building to: “(I) A charter school facility incubator that leased the former Birney Elementary School Building as of October 1, 2020; or “(II) A public charter school that occupied all, or a portion of, the former Birney Elementary School building as of October 1, 2020.”. Sec. 4073. Section 1 of 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), is amended as follows: (a) Subsection (a)(1) is amended by striking the number “20” and inserting the number “15” in its place. (b) A new subsection (b-6) is added to read as follows: ENROLLED ORIGINAL 77 “(b-6)(1) Notwithstanding subsections (a-1)(4) and (b-2) of this section, for the disposition of the former Wilkinson Elementary School in Ward 8 (“Wilkinson real property”), the Mayor shall hold at least one public hearing on the finding that the Wilkinson real property is no longer required for public purposes and to obtain community input on the proposed disposition of the Wilkinson real property before submitting the proposed surplus resolution and proposed disposition resolution to the Council pursuant to this section. “(2) The hearing required by paragraph (1) of this subsection shall be held at an accessible evening or weekend time and in an accessible location in the vicinity of the Wilkinson real property. The Mayor shall provide at least 30 days written notice of the hearing to the affected Advisory Neighborhood Commission and publish notice of the hearing in the District of Columbia Register at least 15 days before the hearing.”. SUBTITLE I. ACADEMIC MIDDLE MENTORING INITIATIVE Sec. 4081. Short title. This subtitle may be cited as the “Academic Middle Mentoring Initiative Emergency Act of 2020”. Sec. 4082. In Fiscal Year 2021, the Office of the State Superintendent of Education shall award, on a competitive basis, a grant of $200,000 to support a mentoring program that mentors low-income high school students and low-income, first generation college students in the academic middle, who are enrolled in or who graduated from a District public or public charter school, to provide the students with the skills and experiences needed to successfully complete college and excel in the workforce. SUBTITLE J. TRUANCY PREVENTION AND LITERACY PILOT FUNDING EXTENSION Sec. 4091. Short title. This subtitle may be cited as the “Truancy Prevention and Literacy Pilot Funding Extension Emergency Amendment Act of 2020”. Sec. 4092. Section 403(g) of the Community Schools Incentive Act of 2012, effective June 19, 2012 (D.C. Law 19-142; D.C. Official Code § 38-754.03(g)), is amended by adding a new paragraph (4) to read as follows: “(4) Any funds awarded pursuant to paragraph (1) of this subsection but not expended in Fiscal Year 2020 shall be available to the grant recipients until September 30, 2021.”. SUBTITLE K. DCPS AUTHORITY FOR SCHOOL SECURITY Sec. 4101. This subtitle may be cited as the “DCPS Authority for School Security Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 78 Sec. 4102. The School Safety and Security Contracting Procedures Act of 2004, effective April 13, 2005 (D.C. Law 15-350; D.C. Official Code § 5-132.01 et seq.), is amended as follows: (a) Section 101 (D.C. Official Code § 5-132.01) is amended as follows: (1) A new paragraph (1B) is added to read as follows: “(1B) “MOA” means the Memorandum of Agreement into which DCPS and MPD enter pursuant to section 104.”. (2) Paragraph (4) is repealed. (3) Paragraph (5) is amended to read as follows: “(5) “School security personnel” means individuals, including unarmed security guards, that DCPS hires or contracts to support safety in DCPS schools.”. (4) A new paragraph (5A) is added to read as follows: “(5A) “Security-related contract” means any contract to provide physical or personal security services, including school security personnel, at DCPS schools.”. (5) Paragraph (6) is repealed. (b) Section 102 (D.C. Official Code § 5-132.02) is amended as follows: (1) Subsection (a) is amended by striking the phrase “security for the District of Columbia Public Schools” and inserting the phrase “school resource officers to the DCPS schools and public charter schools” in its place. (2) Subsection (c) is amended to read as follows: “(c) The School Safety Division shall: “(1) Hire and train school resource officers; “(2) Deploy school resource officers to: “(A) DCPS schools, consistent with the terms of the MOA; and “(B) Public charter schools; “(3) Coordinate with DCPS and public charter schools regarding the use and sharing of resources and communications between MPD and school-specific safety teams; and “(4) Provide recommendations to the Mayor, Council, and the DCPS Chancellor regarding the impact of school closings, consolidations, grade reconfigurations, use of swing space during school reconstruction, and gang and crew violence on the safety and well-being of children.”. (c) Section 103 (D.C. Official Code § 5-132.03) is amended as follows: (1) The section heading is amended by striking the phrase “security personnel” and inserting the phrase “resource officers” in its place. (2) The lead-in language is amended by striking the phrase “security personnel providing security for DCPS” and inserting the phrase “resource officers” in its place. (3) Paragraph (7) is amended by striking the phrase “laws and regulations, including Board of Education regulations” and inserting the phrase “laws and regulations” in its place. ENROLLED ORIGINAL 79 (4) Paragraph (8) is amended by striking the phrase “security personnel” and inserting the phrase “resource officers” in its place. (d) New sections 103a and 103b are added to read as follows: “Sec. 103a. DCPS responsibilities for school security. “(a) By October 1, 2020, DCPS shall be responsible for school security personnel within DCPS schools, and shall: “(1) Oversee the hiring or contracting of school security personnel for DCPS; “(2) Deploy school security personnel to DCPS schools; “(3) Provide oversight over school security personnel and be responsible for administering all disciplinary actions related to school security personnel, including termination; “(4) Execute, approve, administer, monitor, and provide oversight over any security-related contract for school security personnel; and “(5) Create and implement school building security and emergency operations plans, in consultation with MPD and the Homeland Security and Emergency Management Agency. “Sec. 103b. Training for school security personnel. “(a) For the school year beginning in 2020, DCPS may use the training curriculum adopted by MPD pursuant to section 103 to train its school security personnel. “(b) By the start of the school year beginning in 2021, DCPS shall adopt a school security personnel training curriculum based on the positive youth development philosophy. The curriculum shall focus on training supervisory and on-site personnel to provide security services responsive and appropriate to the student, staff, and family populations at each school building. At a minimum, the curriculum shall include training in the following areas, developed with advice from appropriate other District agencies: “(1) Child and adolescent development; “(2) Effective communication skills; “(3) Behavior management; “(4) Conflict resolution, including restorative justice practices; “(5) De-escalation techniques; “(6) Behavioral health issues for youth and families; “(7) Child sexual abuse and gender-based violence prevention, identification, and response; “(8) Availability of social services for youth; “(9) District of Columbia laws and regulations; “(10) Constitutional standards for searches and seizures conducted by school security personnel on school grounds; and “(11) Violence prevention, including gang and crew dynamics.”. (e) Section 104 (D.C. Official Code § 5-132.04) is amended to read as follows: “Sec. 104. Coordination of school security efforts between DCPS and MPD. ENROLLED ORIGINAL 80 “By October 1, 2020, DCPS and MPD shall enter into an MOA for the purpose of coordinating the agencies’ respective security obligations at DCPS schools. The MOA shall: “(1) Reflect DCPS’s role as the administrator of any security-related contract; “(2) Include provisions for effectuating the transfer of any personnel, property, funds, or records necessary to transfer responsibility for any existing security-related contract from MPD to DCPS; “(3) Delineate lines of authority, supervision, and communication between MPD and DCPS, including how school resource officers deployed at each school will provide security in coordination with the school’s principal and school security personnel; provided, that during emergencies, incident command shall be consistent with the District of Columbia response plan, as defined by section 2(1A) of the District of Columbia Public Emergency Act of 1980, effective March 5, 1981 (D.C. Law 3-149; D.C. Official Code § 7-2301(1A)); “(4) Include a process for resolving disagreements between DCPS and MPD at all levels; and “(5) Provide for MPD advice and consultation on DCPS school building security and emergency operations plans.”. (f) Section 105 (D.C. Official Code § 5-132.05) is amended to read as follows: “Sec. 105. Authority to issue RFPs for school security-related contracts. “(a)(1) By October 1, 2020, DCPS shall be responsible for administering and funding any security-related contract effective during the 2020-2021 school year. “(2) MPD shall transfer to DCPS all personnel, property, funds, or records necessary for DCPS to administer and fund any security-related contract effective during the 2020-2021 school year. “(b) Responsibility for the issuance of a Request for Proposals (“RFP”) for any security- related contract for DCPS for a contract term to begin June 30, 2021, or later shall transfer from the MPD to DCPS as of the effective date of the Fiscal Year 2020 Revised Local Budget Emergency Act of 2020, passed on emergency basis on July 23, 2020 (Enrolled version of Bill 23-763). DCPS shall be responsible for awarding, executing, administering, and funding a contract resulting from an RFP issued under this subsection.”. TITLE V. HUMAN SUPPORT SERVICES SUBTITLE A. MEDICAID HOSPITAL SUPPLEMENTAL AND DIRECTED PAYMENTS Sec. 5001. Short title. This subtitle may be cited as the “Medicaid Hospital Supplemental and Directed Payments Emergency Amendment Act of 2020”. Sec. 5002. The Medicaid Hospital Outpatient Supplemental Payment Act of 2017, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 44-664.01 et seq.), is amended as follows: ENROLLED ORIGINAL 81 (a) Section 5062(5) (D.C. Official Code § 44-664.01(5)) is amended by striking the phrase “September 30 of the period 3 fiscal years prior to the fiscal year the fee is assessed” and inserting the phrase “September 30, 2018” in its place. (b) Section 5063(c)(1) (D.C. Official Code § 44-664.02(c)(1)) is amended by striking the semicolon and inserting the phrase “, either directly or through payments to managed care organizations;” in its place. (c) Section 5064(a)(1) and (2) (D.C. Official Code § 44-664.03(a)(1) and (2)) is amended to read as follows: “(1) An amount equal to the non-federal share of the total available spending room under the outpatient Medicaid upper payment limit for private hospitals applicable to District Fiscal Year 2020, consistent with requirements and approvals from the United States Department of Health and Human Services, Centers for Medicare and Medicaid Services; plus “(2) An amount equal to the non-federal share of the total available spending room under the outpatient Medicaid upper payment limit for District operated hospitals applicable to District Fiscal Year 2020, consistent with the federal approval of the authorizing Medicaid State Plan amendment or associated templates and other authorities; plus”. (d) Section 5065(a) (D.C. Official Code § 44-664.04(a)) is amended by striking the phrase “the Centers for Medicare and Medicaid Services approves the Medicaid State Plan amendment” and inserting the phrase “the District obtains approvals required by the Centers for Medicare and Medicaid Services for” in its place. (e) Section 5066 (D.C. Official Code § 44-664.05) is amended to read as follows: “Sec. 5066. Medicaid outpatient hospital access payments; payments to MCOs. “(a) For visits and services beginning October 1, 2020, the District shall pay managed care organizations (“MCOs”) at a rate sufficient to support payments to hospitals located in the District for outpatient services at a rate that is not less than 130% of the District Fiscal Year 2020 fee-for-service base rate and shall direct MCOs to pay such rate to their participating hospitals located in the District for such services. “(b) No payment shall be made under this section until such time that the Centers for Medicare and Medicaid Services approves the Medicaid State Plan amendment, associated template, and other authorities authorizing the Medicaid payments described in this section. “(c) The Medicaid payment methodologies authorized under this section shall not be altered unless such alteration is necessary to gain approval from the Centers for Medicare and Medicaid Services.”. Sec. 5003. Section 5013(a) of the Medicaid Hospital Inpatient Rate Supplement Act of 2017, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 44-664.13(a)), is amended to read as follows: “(a)(1) Beginning October 1, 2020, and except as provided in subsection (b) of this section and section 5087, the District, through the Office of Tax and Revenue, may charge each hospital a fee based on its inpatient net patient revenue. ENROLLED ORIGINAL 82 “(2) The fee shall be charged at a uniform rate necessary to generate no more than $8,454,038 to support inpatient Medicaid Fee-for-Service and managed care rates at the District Fiscal Year 2015 level of not less than 98% of cost to non-specialty hospitals. “(3) The fee collected pursuant to this section shall be deposited in the Hospital Fund, established by section 5083.”. SUBTITLE B. MEDICAL MARIJUANA PROGRAM ADMINISTRATION Sec. 5011. Short title. This subtitle may be cited as the “Medical Marijuana Program Administration Emergency Amendment Act of 2020”. Sec. 5012. The Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.), is amended as follows: (a) Section 2 (D.C. Official Code § 7-1671.01), is amended as follows: (1) Paragraphs (1), (1A), (1B), and (1C) are redesignated as paragraphs (1B), (1C), (1D), and (1E), respectively. (2) New paragraphs (1) and (1A) are added to read as follows: “(1) “ABC Board” means the Alcoholic Beverage Control Board.”. “(1A) “ABRA” means the Alcoholic Beverage Regulation Administration. (3) Paragraph (3)(B) is amended by striking the phrase “with the Department” and inserting the phrase “with ABRA” in its place. (4) Paragraph (5) is amended by striking the phrase “with the Mayor” and inserting the phrase “with ABRA” in its place. (5) Paragraph (6) is repealed. (6) Paragraph (7) is amended by striking the phrase “with the Mayor” and inserting the phrase “with ABRA” in its place. (7) Paragraph (19) is amended by striking the phrase “if the Department” and inserting the phrase “if ABRA” in its place. (8) Paragraph (21) is amended by striking the phrase “by the Department” and inserting the phrase “by ABRA” in its place. (b) Section 3 (D.C. Official Code § 7-1671.02) is amended as follows: (1) Subsection (c)(1)(B) is amended by striking the phrase “with the Mayor” and inserting the phrase “with ABRA” in its place. (2) Subsection (d) is amended by striking the phrase “with the Mayor” and inserting the phrase “with ABRA” in its place. (c) Section 5(b)(2) (D.C. Official Code § 7-1671.04(b)(2)) is amended by striking the phrase “by the Mayor” and inserting the phrase “by ABRA” in its place. (d) Section 6 (D.C. Official Code § 7-1671.05) is amended as follows: (1) The lead-in language is amended by striking the phrase “The Program shall be ENROLLED ORIGINAL 83 administered by the Mayor and shall” and inserting the phrase “The Program shall” in its place. (2) Paragraph (1)(A) is amended by striking the phrase “with the Department” and inserting the phrase “with ABRA” in its place. (3) Paragraph (4)(A) is amended as follows: (A) Subparagraph (iv) is amended by striking the phrase “by the Department” and inserting the phrase “by the ABC Board” in its place. (B) Subparagraph (v) is amended by striking the phrase “by the Mayor” and inserting the phrase “by ABRA” in its place. (4) Paragraph (5A) is amended as follows: (A) The lead-in language is amended by striking the phrase “by the Department” and inserting the phrase “by the ABC Board” in its place. (B) Subparagraph (C) is amended by striking the phrase “by the Department” and inserting the phrase “by the ABC Board” in its place. (5) Paragraph (5B)(D) is amended by striking the phrase “that the Department” and inserting the phrase “that ABRA” in its place. (6) Paragraph (7) is amended by striking the phrase “if the Mayor determines” and inserting the phrase “if the ABC Board determines” in its place. (7) Paragraph (10)(A) is amended by striking the phrase “apply to the Mayor” and inserting the phrase “apply to the ABC Board” in its place. (8) Paragraph (14) is amended by striking the phrase “notify the Department” and inserting the phrase “notify ABRA” in its place. (e) Section 7 (D.C. Official Code § 7-1671.06) is amended as follows: (1) Subsection (d) is amended as follows: (A) Paragraph (1) is amended by striking the phrase “with the Mayor” and inserting the phrase “with ABRA” in its place. (B) Paragraph (3)(A) is amended by striking the phrase “determined by rulemaking” and inserting the phrase “determined by the Mayor by rules issued in accordance with section 14” in its place. (C) Paragraph (4) is amended by striking the phrase “The Mayor” and inserting the phrase “The ABC Board” in its place. (D) Paragraph (5) is amended to read as follows: “(5)(A) An application for registration of a dispensary, cultivation center, or testing laboratory submitted by a medical cannabis certified business enterprise, or applicant eligible to be a medical cannabis certified business enterprise, shall be awarded a preference point equal to 50 points or 20% of the available points, whichever is more. “(B) A medical cannabis certified business enterprise shall: “(i) Have one or more owners who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual ENROLLED ORIGINAL 84 qualities and who are District residents and individually or collectively own at least 60% of the licensed business enterprise; “(ii) Have one or more owners whose income does not exceed $349,999, who are residents of the District, and whose net worth, excluding the value of their residence, does not exceed $1 million, and individually or collectively own at least 60% of the licensed business enterprise; “(iii) Have a chief executive officer and its highest-level managerial employees perform their managerial functions in a principal office located in the District; “(iv) Have at least 50% of its employees be residents of the District; “(v) Have at least 50% of its contractors be residents of the District; and “(vi) Have at least 80% of the assets of the certified business enterprise, including bank accounts, be in the District. “(C) An applicant seeking to qualify as a medical cannabis certified business enterprise shall submit with the application for registration of a dispensary, cultivation center, or testing laboratory, an affidavit attesting to: “(i) The number of owners of the applicant who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities; “(ii) The ownership interest of any owners of the applicant who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities; “(iii) The number of employees of the applicant who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities; and “(iv) The number of contractors of the applicant who are economically disadvantaged individuals or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. “(D) For the purpose of this paragraph, the term: “(i) “Economically disadvantaged individual” shall have the same meaning as set forth in section 2302(7) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(7)). ENROLLED ORIGINAL 85 “(ii) “Medical cannabis certified business enterprise” means a certified business enterprise, as that term is defined in section 2302(1D) of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.02(1D)), that operates a medical cannabis business as a dispensary, cultivation center, or testing laboratory.”. (2) Subsection (e)(3) is amended by striking the phrase “that the Mayor may allow” and inserting the phrase “that the ABC Board may allow” in its place. (3) Subsection (g-2) is amended by striking the phrase “the Mayor” and inserting the phrase “the ABC Board” in its place. (4) Subsection (g-3) is amended by striking the phrase “the Mayor” and inserting the phrase “the ABC Board” in its place. (5) Subsection (j) is amended by striking the phrase “the Mayor” and inserting the phrase “the ABC Board” in its place. (f) Section 8(a) (D.C. Official Code § 7-1671.07) is amended by striking the phrase “to the Department” and inserting the phrase “to ABRA” in its place. (g) A new section 9a is added to read as follows: “Sec. 9a. Medical Cannabis Administration Fund. “(a) There is established as a special fund the Medical Cannabis Administration Fund (“Fund”), which shall be administered by ABRA in accordance with subsection (c) of this section. “(b) All funds received from medical cannabis licensing, permitting, and registration fees shall be deposited into the Fund. “(c) Money deposited in the Fund shall be used by ABRA for the purpose of administering the medical marijuana program. “(d)(1) The money deposited into the Fund shall not revert to the unrestricted 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) Funds received from penalties and fines imposed under section 9 shall be credited to the unassigned fund balance of the General Fund of the District of Columbia.”. (h) Section 14 (D.C. Official Code § 7-1671.13) is amended by adding a new subsection (a-1) to read as follows: “(a-1) Pursuant to the transfer of functions of the Department of Health to ABRA by D.C. Official Code § 25-204.02, the Mayor shall issue rules in accordance with subsection (b) of this section, which rules shall allow registered dispensaries to provide medical marijuana to qualifying patients through delivery, curbside pickup, and at-the-door options.”. Sec. 5013. Chapter 2 of Title 25 of the District of Columbia Official Code is amended as follows: ENROLLED ORIGINAL 86 (a) The table of contents is amended by adding a new section designation to read as follows: “25-204.02. Medical marijuana program; transfer of functions of the Department of Health.”. (b) A new section 25-204.02 is added to read as follows: “§ 25-204.02. Medical marijuana program; transfer of functions of the Department of Health. “(a) The Board and ABRA shall be responsible for carrying out the responsibilities assigned to them by the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7-1671.01 et seq.) (“Medical Marijuana Act”), and for any responsibilities of the Mayor under the Medical Marijuana Act that the Mayor delegates to the Board or ABRA. “(b)(1) Except as provided in paragraph (2) of this subsection, all personal property, assets, records, including both electronic and physical files, licensing agreements, and contracts, equipment, computer software, obligations, and unexpended balances of appropriations, allocations, assets, and liabilities, and other funds available or to be made available relating to the powers, duties, functions, operations, and administration by the Department of Health of the medical marijuana program pursuant to the Legalization of Marijuana for Medical Treatment Initiative of 1999, effective February 25, 2010 (D.C. Law 13-315; D.C. Official Code § 7- 1671.01 et seq.), as of September 30, 2020, are transferred to ABRA. “(2) This subsection shall not apply to the personal property, assets, records, including both electronic and physical files, licensing agreements, and contracts, equipment, computer software, obligations, and unexpended balances of appropriations, allocations, assets, and liabilities, and other funds available or to be made available relating to the powers, duties, functions, operations, and administration by the Department of Health of the medical marijuana program that are within the purview of the Board of Medicine, Board of Nursing, or Board of Dentistry. “(c) All rules, orders, obligations, determinations, contracts, agreements, and understandings of the Department of Health pertaining to the medical marijuana program shall remain in effect until such time as they may be lawfully amended, modified, or repealed. “(d) ABRA shall coordinate with the Department of Health regarding the transition of the administration of the medical marijuana program to ABRA. “(e)(1) The directors of ABRA and the Department of Health shall jointly determine which personnel, if any, of the Department of Health associated with the administration of the medical marijuana program shall be transferred from the Department of Health to ABRA. “(2) Personnel who are transferred to ABRA pursuant to this subsection shall be subject to the ABRA Director’s personnel authority, pursuant to section 406(b)(21) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-604.06(b)(21)), including as it relates to employment classifications and pay scales.”. ENROLLED ORIGINAL 87 SUBTITLE C. STEVIE SELLOWS DIRECT SUPPORT PROFESSIONALS QUALITY IMPROVEMENTS Sec. 5021. Short title. This subtitle may be cited as the “Stevie Sellows Direct Support Professionals Quality Improvements Emergency Amendment Act of 2020”. Sec. 5022. Section 47-1273(a) of the District of Columbia Official Code is amended by striking the figure “5.5%” and inserting the figure “6.0%” in its place. SUBTITLE D. MEDICAID RESERVE RE-ESTABLISHMENT Sec. 5031. Short title. This subtitle may be cited as the “Medicaid Reserve Re-Establishment Emergency Amendment Act of 2020”. Sec. 5032. The Department of Health Care Finance Establishment Act of 2007, effective February 27, 2008 (D.C. Law 17-109; D.C. Official Code § 7-771.01 et seq.), is amended as follows: (a) Section 8a (D.C. Official Code § 7-771.07a), is amended by adding a new subsection (a-3) to read as follows: “(a-3) For Fiscal Year 2021, the Director may issue grants pursuant to section 8b(b)(4)(B)(ii) and (iii).”. (b) A new section 8b is added to read as follows: “Sec. 8b. Medicaid reserve. “(a) Beginning October 1, 2020, a Medicaid reserve shall be re-established as paper agency of the Department. “(b) Notwithstanding D.C. Official Code §§ 47-361, 47-362, 47-363, and 47-365, funds may be transferred from the Medicaid reserve to the Department: “(1) To pay expenses associated with increased Medicaid enrollment or service utilization upon a determination by the Agency Fiscal Officer that available funds within the Department are projected to be exhausted; “(2) To pay expenses associated increased costs of Medicaid services upon a determination by the Agency Fiscal Officer that available funds within the Department are projected to be exhausted; “(3) To satisfy the District’s requirement that sufficient funds be available to support a Department contract or a grant; and “(4) Provided that sufficient funds are still available within the Medicaid reserve to ensure a deficiency will not occur at the Department, to support the following health innovations within the Department: “(A) To create a Medicaid Buy-In Program; ENROLLED ORIGINAL 88 “(B) To fund telehealth programs including: “(i) Maintaining audio-only telehealth programs after a public health emergency; “(ii) Funding the Postpartum Coverage Expansion Act of 2020, passed on 2nd reading on July 21, 2020 (Enrolled version of Bill 23-326); and “(iii) Issuing contracts or grants for the purposes of expanding District health care providers’ digital or telehealth capacity, including, for example, such innovations as the creation or expansion of patient care coordination platforms to enable nonprofit entities and practitioners to communicate with Medicaid beneficiaries’ clinical and recovery support care teams in real time to improve continuity of care and ensure proper follow- up, including the purchase of telecommunications services, information services, devices, software, remote patient monitoring tools, and digital health tools; “(C) To fund reforms to the DC Healthcare Alliance Program, including: “(i) Allowing eligible District residents to submit Alliance applications electronically, without a face-to-face interview with the Department of Human Services, during a public health emergency; “(ii) Allowing Alliance clients to submit recertification applications to health care providers approved by the Department, without a face-to-face interview with the Department of Human Services, after a public health emergency; “(iii) Extending the Alliance eligibility period from 6 months to one year; and “(D) To award a competitive grant in an amount not to exceed $150,000 to fund operating expenses associated with the provisions of medical respite care services to individuals who are homeless. “(c) The Office of the Chief Financial Officer shall notify the Budget Director of the Council of the District of Columbia in writing within 3 business days whenever a transfer is made from the Medicaid reserve pursuant to this section. The notice shall set forth the amount and purpose of the transfer. “(d) Funds may be reprogrammed from the Medicaid reserve for purposes other than those detailed in subsection (b) of this section, subject to subchapter IV of Chapter 3 of Title 47 of the District of Columbia Official Code; provided, that the Office of the Chief Financial Officer determines that sufficient funds are still available within the Medicaid reserve to ensure a deficiency will not occur at the Department.”. SUBTITLE E. TELEHEALTH REIMBURSEMENT Sec. 5041. Short title. This subtitle may be cited as the “Telehealth Reimbursement Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 89 Sec. 5042. Section 2(4) of the Telehealth Reimbursement Act of 2013, effective October 17, 2013 (D.C. Law 20-26; D.C. Official Code § 31-3861(4)), is amended by striking the phrase “through audio only telephones, electronic mail messages, or facsimile” and inserting the phrase “through email messages or facsimile” in its place. SUBTITLE F. HEALTH PROFESSIONAL RECRUITMENT AND RETENTION Sec. 5051. Short title. This subtitle may be cited as the “District of Columbia Health Professional Recruitment and Retention Emergency Amendment Act of 2020”. Sec. 5052. The District of Columbia Health Professional Recruitment Program Act of 2005, effective March 8, 2006 (D.C. Law 16-71; D.C. Official Code § 7-751.01 et seq.), is amended as follows: (a) Section 3 (D.C. Official Code § 7-751.02) is amended as follows: (1) Subsection (a) is amended by striking the phrase “recruitment tool” and inserting the phrase “recruitment and retention tool” in its place. (2) Subsection (b) is amended to read as follows: “(b) Based on the availability of funds, the Program will pay for, among other expenses, the cost of education necessary to obtain a health professional degree. The Program will pay toward the outstanding principal, interest, and related expense of federal, state, or local government loans and commercial loans obtained by the participant for: “(1) School tuition and required fees incurred by the participant; “(2) Reasonable educational expenses; and “(3) Incentive payments that lead to the retention of existing Program participants to practice in Ward 7 or 8; provided, that retention incentives shall be limited to $15,000 per participant per year.”. (b) Section 9 (D.C. Official Code § 7-751.08), is amended by adding a new subsection (a- 1) to read as follows: “(a-1) Physicians who specialize and practice in obstetrics and gynecology, psychiatry, or other medical specialties specifically identified by the Director shall be eligible to have 100% of their total debt, not to exceed $200,000, repaid by the Program over 4 years of service; provided, that the participants provide full-time service in Ward 7 or 8. For each year of participation, the Program will repay loan amounts according to the following schedule: “(1) For the first year of service, 18% of their total debt, not to exceed $36,000; “(2) For the second year of service, 26% of their total debt, not to exceed $52,000; “(3) For the third year of service, 28% of their total debt, not to exceed $56,000; and “(4) For the fourth year of service, 28% of their total debt, not to exceed $56,000.”. (c) Section 16a (D.C. Official Code § 7-751.15a) is amended as follows: ENROLLED ORIGINAL 90 (1) Subsection (a) is amended by striking the phrase “loan repayments” and inserting the phrase “loan repayments and retention incentives” in its place. (2) A new subsection (d) is added to read as follows: “(d) The Department of Health shall segregate the $1.5 million local funds enhancement provided in the Fiscal Year 2021 budget into a separate subaccount, which shall only be expended for: “(1) Section 3(b)(3); or “(2) Section 9(a-1).”. SUBTITLE G. HEALTH CARE GRANT-MAKING AUTHORITY Sec. 5061. Short title. This subtitle may be cited as the “Fiscal Year 2021 Health Care Grant-Making Authority Emergency Amendment Act of 2020”. Sec. 5062. Section 4907a of the Department of Health Functions Clarification Act of 2001, effective March 3, 2010 (D.C. Law 18-111; D.C. Official Code § 7-736.01), is amended by adding a new subsection (l) to read as follows: “(l)(1) For Fiscal Year 2021, the Director of the Department of Health shall have the authority to award one or more competitive grants in an amount not to exceed $250,000 to fund an initiative to connect prenatal care for residents in Wards 7 and 8 to labor and delivery options in other parts of the District. “(2) In establishing the criteria for the award of grants pursuant to paragraph (1) of this subsection, the Department shall prioritize community-based initiatives that: “(A) Offer peer support networks; “(B) Provide co-management of the patient’s treatment; “(C) Arrange for access to maternal and fetal medicine specialty services; “(D) Utilize a health information exchange; and “(E) Furnish financial assistance with transportation needs.”. Sec. 5063. Section 8a of the Department of Health Care Finance Establishment Act of 2007, effective December 13, 2017 (D.C. Law 22-33; D.C. Official Code § 7-771.07a), is amended by adding a new subsection (a-4) to read as follows: “(a-4) For Fiscal Year 2021, the Director may: “(1)(A) Award a competitive grant in an amount not to exceed $150,000 to fund operating expenses associated with the provision of medical respite care services to individuals who are homeless; provided, that if such a grant is awarded to a Federally Qualified Health Center (“FQHC”), the amount of the grant shall not be offset against the FQHC’s expenses for the purpose of determining its allowable cost in accordance with section 4511.2 of Title 29 of the District of Columbia Municipal Regulations (29 DCMR § 4511.2). “(B) At a minimum, the selected entity shall possess: ENROLLED ORIGINAL 91 “(i) The staff capacity and expertise necessary to provide medical respite care, with a particular emphasis on care for women who are homeless; and “(ii) The ability to provide case management services, including assistance in accessing permanent housing services. “(2) If a grant is awarded, then by September 30, 2021, the Director shall submit a report to the Council that sets forth: “(A) Recommendations for the establishment of medical respite care services for homeless individuals, through either: “(i) An amendment to the District of Columbia Medicaid State Plan; or “(ii) A waiver pursuant to section 1115 of the Social Security Act, approved July 25, 1962 (76 Stat. 192; 42 U.S.C. § 1315), for home and community-based services; “(B) The types of services that may be offered to homeless individuals through a medical care respite program; and “(C) An identification of any potential restrictions on the provision of services identified pursuant to sub-subparagraph (ii) of this subparagraph, including the use of prior authorization.”. TITLE VI. OPERATIONS AND INFRASTRUCTURE SUBTITLE A. OPPORTUNITY ACCOUNTS Sec. 6001. Short title. This subtitle may be cited as the “Opportunity Accounts Expansion Emergency Amendment Act of 2020”. Sec. 6002. The Opportunity Accounts Act of 2000, effective April 3, 2001 (D.C. Law 13- 266; D.C. Official Code § 1-307.61 et seq.), is amended as follows: (a) Section 2 (D.C. Official Code § 1-307.61) is amended by adding a new paragraph (2A) to read as follows: “(2A) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.”. (b) Section 8(b) (D.C. Official Code § 1-307.67(b)) is amended as follows: (1) Paragraph (1) is amended by striking the phrase “; and” and inserting a semicolon in its place. (2) Paragraph (2) is amended by striking the phrase “per account.” and inserting the phrase “per account, except as provided in paragraph (3) of this subsection; and” in its place. (3) A new paragraph (3) is added to read as follows: “(3) The Commissioner may waive the requirement in subsection (a) of this section and may provide matching funds of up to $4 for every dollar the account holder deposits into the opportunity account when adequate federal or private matching funds are not available. For each additional dollar of matching funds that the District provides to an opportunity account ENROLLED ORIGINAL 92 pursuant to such a waiver, the aggregate matching funds limit set forth in paragraph (2) of this subsection for that account shall be increased by $1.”. (c) Section 9(a) (D.C. Official Code § 1-307.68(a)) is amended as follows: (1) Paragraph (6) is repealed. (2) Paragraph (8) is amended by striking the period at the end and inserting the phrase “; and” in its place. (3) A new paragraph (9) is added to read as follows: “(9) To pay for any cost, expense, or item authorized by a rule issued pursuant to section 14.”. (d) Section 10 (D.C. Official Code § 1-307.69) is amended as follows: (1) Subsection (b) is amended as follows: (i) Paragraph (2) is amended by striking the phrase “; or” and inserting a semicolon in its place. (ii) Paragraph (3) is amended by striking the period and inserting the phrase “; and” in its place. (iii) A new paragraph (4) is added to read as follows: “(4) Making health insurance premium payments in the event of a sudden, unexpected loss of income.”. (2) Subsection (c) is repealed. (3) New subsections (c-1), (c-2), and (c-3) are added to read as follows: “(c-1) If an account holder makes an emergency withdrawal for the purposes set forth at subsection (b)(2) or (3) of this section, the account holder shall withdraw only funds deposited by the account holder and shall not withdraw matching funds. “(c-2) If an account holder makes an emergency withdrawal for the purposes set forth at subsection (b)(1) of this section, the account holder shall withdraw only funds deposited by the account holder and shall not withdraw matching funds, unless the withdrawal is for a medical emergency. “(c-3) If an account holder makes an emergency withdrawal for the purposes set forth at subsection (b)(4) of this section, the account holder may withdraw funds deposited by the account holder and matching funds.”. (4) The lead-in language of subsection (e) is amended to read as follows: “An account holder shall not be required to repay funds withdrawn from the opportunity account for an emergency withdrawal but shall resume making deposits into the opportunity account no later than 90 days after the emergency withdrawal. If the account holder fails to make a deposit no later than 90 days after the emergency withdrawal:”. Sec. 6003. Repealer. Section 301 of the Coronavirus Support Temporary Amendment Act of 2020, enacted on July 7, 2020 (D.C. Act 23-334; 67 DCR 8622), is repealed. ENROLLED ORIGINAL 93 SUBTITLE B. GREEN BUILDING FUND USE EXPANSION Sec. 6011. Short title. This subtitle may be cited as the “Green Building Fund Use Expansion Emergency Amendment Act of 2020”. Sec. 6012. Section 8(c)(2) of the Green Building Act of 2006, effective March 8, 2007 (D.C. Law 16-234; D.C. Official Code § 6-1451.07(c)(2)), is amended as follows: (a) Subparagraph (D) is amended by striking the phrase “; and” and inserting a semicolon in its place. (b) Subparagraph (E) is amended by striking the period and inserting the phrase “; and” in its place. (c) A new subparagraph (F) is added to read as follows: “(F) Costs incurred to make green building materials accessible to low- income residents.”. SUBTITLE C. GAME OF SKILL MACHINES Sec. 6021. Short title. This subtitle may be cited as the “Game of Skill Machines Consumer Protection Emergency Amendment Act of 2020”. Sec. 6022. The Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia, effective March 10, 1981 (D.C. Law 3-172; D.C. Official Code §§ 22-1716 to 22-1718 and 36-601.01 et seq.), is amended as follows: (a) Section 3 (D.C. Official Code § 22-1716) is amended by striking the phrase “Monte Carlo night parties,” and inserting the phrase “Monte Carlo night parties, game of skill machines,” in its place. (b) Section 3 (D.C. Official Code § 22-1717) is amended by striking the phrase “or sports wagering regulated, licensed, or operated by the Office of Lottery and Gaming.” and inserting the phrase “sports wagering regulated, licensed, or operated by the Office of Lottery and Gaming, or game of skill machines licensed and regulated by the Office of Lottery and Gaming.” in its place. (c) Section 3(a) (D.C. Official Code § 22-1718(a)) is amended by striking the phrase “or the sale, lease, purchase, or possession of tickets, slips, certificates, or cards for sports wagering excepted and permissible pursuant to § 22-1717.” and inserting the phrase “the sale, lease, purchase, or possession of tickets, slips, certificates, or cards for sports wagering excepted and permissible pursuant to § 22-1717, or the manufacture, distribution, servicing, retailing, sale, lease, purchase, or possession of machines, tickets, slips, certificates, or cards for game of skill machines excepted and permissible pursuant to § 22-1717.” in its place. (d) Section 4 (D.C. Official Code § 36-601.12) is amended as follows: (1) The section heading is amended to read as follows: ENROLLED ORIGINAL 94 “Sec. 4. Lottery, Gambling, and Gaming Fund.”. (2) Subsection (a) is amended to read as follows: “(a) There is established as an enterprise fund the Lottery, Gambling, and Gaming Fund (“Fund”), which shall be administered by the Chief Financial Officer. Revenue from the following sources shall be deposited into the Fund or a division of the Fund, as established by the Chief Financial Officer: “(1) All funds generated by gambling activities operated or licensed by the Chief Financial Officer; and “(2) All fees collected pursuant to sections 406 through 409.”. (3) Subsection (c) is amended by striking the word “gambling” and inserting the phrase “gambling and gaming” in its place. (e) A new Title IV is added to read as follows: “TITLE IV. GAME OF SKILL MACHINES. “Sec. 401. Definitions “For purposes of this title, the term: “(1) “ABC Board” means the Alcoholic Beverage Control Board. “(2) “ABRA” means the Alcoholic Beverage Regulation Administration. “(3) “CFO” means the Chief Financial Officer of the District of Columbia. “(4) “Centralized accounting system” and “CAS” mean the accounting system linked by a communications network as described in sections 410 and 414. “(5) “Distributor” means a person licensed under this title to buy, sell, lease, maintain, or service game of skill machines, or any major components or parts of a game of skill machine, for distribution to retailers. “(6) “Game of skill machine” means a mechanical or electronic gaming device that rewards the winning player or players with cash, a gift card, or a voucher that can be redeemed for cash. The term “game of skill machine” does not include a mechanical or electronic gaming device if: “(A) The ability of a player to succeed at the game is impacted by the number or ratio of prior wins to prior losses of players playing the game; “(B) The outcome of the game can be controlled by a source other than a player playing the game; “(C) The success of a player is or may be determined by a chance event that cannot be altered by the player’s actions; “(D) The ability of a player to succeed at the game is impacted by game features not visible or known to a reasonable player; or “(E) The ability of a player to succeed at the game is impacted by the exercise of skill that no reasonable player could exercise. “(7) “Gross game of skill machine revenue” means the total of cash or cash equivalents received from a game of skill machine minus the total of: ENROLLED ORIGINAL 95 “(A) Cash or cash equivalents paid to players as a result of a game of skill machine; “(B) Cash or cash equivalents paid to purchase annuities to fund prizes payable to players over a period of time as a result of a game of skill machine; and “(C) The actual cost paid by the license holder for personal property distributed to a player as a result of a game of skill machine, excluding travel expenses, food, refreshments, lodging, and services. “(8) “Licensed establishment” means an on-premises retail establishment licensed by the ABC Board to sell, serve, and allow for the consumption of alcoholic beverages. “(9) “Licensed premises” means the physical location of a licensed establishment that is authorized by the Office to offer game of skill machines. “(10) “Licensee” means a person who possesses a game of skill manufacturer, distributor, supplier, or retailer license issued by the Office. “(11) “Manufacturer” means a person that is licensed under this title and that manufactures or assembles game of skill machines for sale or lease to distributors. “(12) “Office” means the Office of Lottery and Gaming. “(13) “Retailer” means a person that is licensed under this title to offer game of skill machines on its licensed premises. “(14) “Supplier” means a person that is licensed under this title to supply major components or parts of game of skill machines to licensed manufacturers or distributors. “Sec. 402. Authorization of game of skill machines. “The operation of game of skill machines shall be lawful in the District if conducted in accordance with this title and the rules issued pursuant to this title. “Sec. 403. Game of skill machine license requirements; prohibition. “(a) Except as provided in subsection (f) of this section, no person may offer or allow a game of skill machine in the District unless all the licenses required by this title, or by a rule issued pursuant to this title, have been duly obtained. “(b)(1) The Office shall issue the following categories of game of skill machine licenses: “(A) Manufacturer; “(B) Distributor; “(C) Supplier; and “(D) Retailer. “(2) The Office shall not grant a license listed in paragraph (1) of this subsection until it has determined that each person that possesses 10% or greater beneficial or proprietary interest in the applicant has been approved for licensure in accordance with this title and rules issued pursuant to this title. “(c)(1) An applicant for an initial manufacturer, distributor, or supplier license shall be subject to District and national criminal history background checks. “(2) The applicant shall submit an application to the Office, in a form determined by the Office, for fingerprints for a national criminal records check by the Metropolitan Police ENROLLED ORIGINAL 96 Department and the Federal Bureau of Investigation of all individuals required to be named in the application and a signed authorization of each individual submitting fingerprints for the release of information by the Metropolitan Police Department and the Federal Bureau of Investigation. “(3) In the case of an application for license renewal, the Office may require additional background checks. “(d) The Office shall require proof of good standing pursuant to D.C. Official Code § 29- 102.08 of an applicant for a license pursuant to this title and may, in addition, require certification that the Citywide Clean Hands Database indicates that the proposed licensee is current with its District taxes. “(e) Proprietary information, trade secrets, financial information, and personal information about a person in an application submitted to the Office pursuant to this title shall not be a public record and shall not be made available under the Freedom of Information Act of 1976, effective March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531 et seq.), or any other law. “(f)(1) A retailer shall display its license as required by section 411(d) and shall make the license immediately available for inspection upon request by an employee of the Office, the Metropolitan Police Department, or ABRA. “(2) When present at a licensed establishment, an employee of a distributor shall carry a copy of its license and make it readily available for inspection by an employee of the Office, the Metropolitan Police Department, or ABRA. “(g) A licensed establishment that applied for and obtained a game of skill machine endorsement from the ABC Board pursuant to D.C. Official Code § 25-113.01(e) prior to the effective date of the Game of Skill Machines Consumer Protection Act of 2020, passed on 2nd reading on July 28, 2020 (Enrolled version of Bill 23-760) (“permanent legislation”), shall have 180 calendar days after the effective date of the permanent legislation to come into compliance with this title or rules issued pursuant to this title. Failure to do so may result in the Office taking action against the licensed establishment in accordance with section 417. “Sec. 404. License prohibitions; suspensions and revocation of licenses. “(a) An applicant convicted of a disqualifying offense shall not be licensed. The Office shall define disqualifying offenses by a rule issued pursuant to this title. “(b) No Office or ABRA employee, or immediate family member of an Office or ABRA employee, may be an applicant for, have an interest in, or obtain a license issued pursuant to this title. “(c) Failure of an applicant or licensee to notify the Office of a change to the information provided in its application for license or renewal within 10 days after the change may result in the Office suspending or revoking the licensee’s license, denying the applicant’s license, or issuing a fine. ENROLLED ORIGINAL 97 “(d)(1) The Office shall not grant a license pursuant to this title, and shall revoke a license previously granted, if evidence satisfactory to the Office exists that the applicant or licensee has: “(A) Knowingly made a false statement of a material fact to the Office; “(B) Had a license revoked by a governmental authority responsible for regulation of games of skill; “(C) Been convicted of a felony and has not received a pardon or been released from parole or probation for at least 5 years; or “(D) Been convicted of a gambling-related offense or a theft or fraud offense. “(2) The Office may deny a license to an applicant or suspend or revoke a license of a licensee if the applicant or licensee: “(A) Has not demonstrated, to the satisfaction of the Office, financial responsibility sufficient to adequately meet the requirement of the proposed activity; “(B) Is not the true owner of the licensed business or has not disclosed the existence or identity of another individual or entity that has an ownership interest in the business; or “(C) Is a corporation that sells more than 5% of a licensee’s voting stock, more than 5% of the voting stock of a corporation that controls the licensee, or sells a licensee’s assets to an individual or entity not already determined by the Office to have met the qualifications of a licensee pursuant to this title, or is a non-corporate entity where a person not already determined by the Office to have met the qualifications of a licensee pursuant to this title holds more than 10% interest in the non-corporate entity. “Sec. 405. Conflicts of interest. “(a) Before issuing, authorizing the transfer to a new owner of, or renewing a license, the Office shall determine that the applicant is not disqualified because of a conflicting interest in another license. “(b) In making a determination regarding a conflicting interest, the following standards shall apply: “(1) No licensee under a supplier’s license shall hold a license in another license issued under this title. “(2) No licensee under a distributor’s license shall hold a license in another license issued under this title; except, that the holder of a distributor’s license may also hold a manufacturer’s license. “(3) No licensee under a manufacturer’s license shall hold another license issued under this title; except, that the holder of a manufacturer’s license may also hold a distributor’s license. “Sec. 406. Manufacturer licensure. ENROLLED ORIGINAL 98 “(a) A person may not manufacture a game of skill machine in the District unless the person has a valid manufacturer’s license issued under this title. A manufacturer may only sell game of skill machines for use in the District to persons having a valid distributor’s license. “(b) A person applying for a manufacturer’s license shall do so on a form prescribed by the Office. The form shall require: “(1) The name of the applicant; “(2) The mailing address of the applicant and, if the applicant is a corporation, the name of the state in which it is incorporated, the location of its principal place of business, and the names and addresses of its directors; “(3) A report of the applicant’s financial activities, including evidence of financial stability, such as bank statements, business and personal income and disbursement schedules, and tax returns; and “(4) Any other information the Office considers necessary. “(c) In considering whether to approve an application for a distributor’s license, the Office may consider evidence the distributor submitted to the Office of an existing license as a distributor from another jurisdiction that the Office has determined has licensing requirements similar to those required by the District. “(d) An applicant for a manufacturer’s license shall pay a nonrefundable application fee of $10,000 with the application. “(e) A manufacturer’s license shall be renewed annually; provided, that the licensee has continued to comply with all statutory and regulatory requirements and pays upon submission of its renewal application a $5,000 renewal fee. “Sec. 407. Distributor licensure. “(a) A person may not buy, sell, distribute, lease, maintain, market, or service a game of skill machine or a major component or part of a game of skill machine for distribution in the District unless the person has a valid distributor’s license issued by the Office. “(b) A licensed distributor may buy, sell, distribute, lease, maintain, market, or service a game of skill machine or any major component or part of a game of skill machine for distribution in the District to a licensed establishment that possesses a retailer’s license from the Office and a game of skill machine endorsement from the ABC Board pursuant to D.C. Official Code § 25- 113.01(e). No distributor may give anything of value, including a loan or financing agreement, to a licensed establishment as an incentive or inducement to locate a game of skill machine in the establishment. “(c) A person applying for a distributor’s license shall do so on a form prescribed by the Office. The form shall require: “(1) The name of the applicant; “(2) The mailing address of the applicant and, if the applicant is a corporation, the name of the state in which it is incorporated, the location of its principal place of business, and the names and addresses of its directors; ENROLLED ORIGINAL 99 “(3) A report of the applicant’s financial activities, including evidence of financial stability, such as bank statements, business and personal income and disbursement schedules, and tax returns; and “(4) Any other information the Office considers necessary. “(d) In considering whether to approve an application for a distributor’s license, the Office may consider evidence the distributor submitted to the Office of an existing license as a distributor from another jurisdiction that the Office has determined has licensing requirements similar to those required by the District. “(e) An applicant for a distributor’s license shall demonstrate that the equipment, system, or device that the applicant plans to offer to retailers conforms to standards established pursuant to this title, rules issued pursuant to this title, and other applicable law. “(f) An applicant for a distributor’s license shall pay a nonrefundable application fee of $10,000 with the application. “(g) A distributor’s license shall be renewed annually; provided, that the licensee has continued to comply with all statutory and regulatory requirements and pays upon submission of its renewal application a $5,000 renewal fee. “(h) A distributor shall submit to the Office, at such times as are established by the Office by rule, a list of all game of skill machines sold, delivered, or offered to a retailer. All such equipment shall be tested and approved by an independent testing laboratory approved by the Office. “Sec. 408. Supplier licensure. “(a) A person shall not sell parts or components for a game of skill machine or provide services related to a game of skill machine unless the person has a valid supplier’s license. A supplier may only provide parts and components for a game of skill machine or services related to a game of skill machine for use in the District to a person having a valid manufacturer’s or distributor’s license. “(b) A person applying for a supplier’s license shall do so on a form prescribed by the Office. The form shall require: “(1) The name of the applicant; “(2) The mailing address of the applicant and, if the applicant is a corporation, the name of the state in which it is incorporated, the location of its principal place of business, and the names and addresses of its directors; “(3) A report of the applicant’s financial activities, including evidence of financial stability, such as bank statements, business and personal income and disbursement schedules, and tax returns; and “(4) Any other information the Office considers necessary.”. “(c) In considering whether to approve an application for a supplier’s license, the Office may consider evidence the supplier submitted to the Office of an existing license as a supplier from another jurisdiction that the Office has determined has licensing requirements similar to those required by the District. ENROLLED ORIGINAL 100 “(d) An applicant for a supplier’s license shall demonstrate that the equipment, components, or parts that the applicant plans to offer to manufacturers or distributors conform to standards established pursuant to this title, rules issued pursuant to this title, and other applicable law. “(e) An applicant for a supplier’s license shall pay a nonrefundable application fee of $2,000 with the application. “(f) A supplier’s license shall be renewed annually; provided, that the licensee has continued to comply with all statutory and regulatory requirements and pays upon submission of its renewal application a $1,000 renewal fee. “(g) A supplier shall submit to the Office, at such times as are established by the Office by rule, a list of all components or parts for game of skill machines sold, delivered, or offered to a manufacturer or operator. All such equipment shall be tested and approved by an independent testing laboratory approved by the Office. “Sec. 409. Retailer licensure; registration of game of skill machines. “(a)(1) A person may not own, lease, maintain, install, make available, or offer or allow another to play a game of skill machine in the District unless the person: “(A) Is a licensed establishment; “(B) Possesses a retailer’s license from the Office and a game of skill machine endorsement from ABRA in accordance with D.C. Official Code § 25-113.01(e); and “(C) Has entered into a written use agreement with a licensed distributor for the placement or installation of a game of skill machine on the licensed premises. “(2) A person convicted of violating this subsection shall be subject to a fine not to exceed $5,000 or imprisonment not to exceed 6 months, or revocation of the retailer’s license, or all of the foregoing. “(b)(1) Each game of skill machine located on a retailer’s licensed premises shall be registered with the Office by the retailer before the game of skill machine is installed on the licensed premises. “(2) A retailer may register and operate up to 5 game of skill machines on the licensed premises at any time. The registration fee for each game of skill machine shall be $100. “(3) The Office shall issue to the retailer a registration sticker for placement on each registered game of skill machine. “(c) A person shall apply for a retailer’s license on a form prescribed by the Office. The form shall require: “(1) The name of the applicant; “(2) The mailing address of the applicant and, if the applicant is a corporation, the name of the state in which it is incorporated, the location of its principal place of business, and the names and addresses of its directors; “(3) A report of the applicant’s financial activities, including evidence of financial stability, such as bank statements, business and personal income and disbursement schedules, and tax returns; and ENROLLED ORIGINAL 101 “(4) Any other information the Office considers necessary. “(d) An applicant for a retailer’s license shall pay a nonrefundable application fee of $300 with the application. “(e) A retailer’s license shall be renewed annually; provided, that the licensee continued to comply with the statutory and regulatory requirements and pays upon submission of its renewal application a $300 renewal fee. “(f) The Office shall require a retailer to be bonded, in such amounts and in such manner as determined by the Office, and to agree, in writing, to indemnify and hold harmless the District government against any actions, claims, and demands of whatever kind or nature that the District may incur by reason of or in consequence of issuing the retailer’s license to the retailer. “Sec. 410. Minimum requirements of game of skill machines. “(a)(1) Every game of skill machine offered for play shall first be tested and approved pursuant to this title and rules issued pursuant to this title. “(2) The Office shall utilize the services of an accredited independent outside testing laboratory to test and assess each game of skill machine. “(3) The applicant shall be responsible for paying the fees associated with testing the game of skill machines. “(b) Every game of skill machine offered in the District shall meet the minimum standards approved by the Office, including that a game of skill machine: “(1) Conform to all requirements of federal law and regulations, including the Federal Communications Commission’s Class A emissions standards; “(2) Pay out a mathematically demonstrable percentage during the expected lifetime of the machine of all amounts played, which shall not be less than 80%; “(3) Display an accurate representation of the game outcome; “(4) Not automatically alter pay tables or any function of the game of skill machine based on an internal computation of a hold percentage or have a means of manipulation that affects the random selection process or probabilities of winning a game; “(5) Not be negatively affected by static discharge or other electromagnetic interference; “(6) Be capable of displaying the following during idle status: “power reset”; “door open”; or “door closed”; “(7) Be able to detect and display the game’s complete play history and winnings for the previous 10 games; “(8) Not have a theoretical payback percentage capable of being changed without making a hardware or software change in the machine itself; “(9) Be designed so that the replacement of parts or modules required for normal maintenance does not necessitate replacement of the electromechanical meters; “(10) Contain a non-resettable meter that shall be located in a locked area of the machine that is accessible only by a key; ENROLLED ORIGINAL 102 “(11) Be capable of storing the meter information required by paragraph (10) of this subsection for a minimum of 180 days after a power loss to the machine; “(12) Have accounting software that keeps an electronic record that includes: “(A) Total cash inserted into the game of skill machine; “(B) The value of winning tickets awarded to players by the game of skill machine; “(C) The total credits played on the game of skill machine; “(D) The total credits awarded by the game of skill machine; and “(E) The payback percentage credited to players of the game of skill machine; “(13) Be linked to a centralized accounting system that will allow the Office to activate or deactivate the game of skill machine from the centralized system remotely; and “(14) Be linked to a centralized accounting system in accordance with section 414 by which all approved game of skill machines shall be connected for the purposes set forth in section 414. “(c) The CFO may issue rules to establish additional licensing and registration requirements. “Sec. 411. Registration; display of registration sticker, license, and warning sign; locations of game of skill machines. “(a) A retailer shall register each of its game of skill machines in the District with the Office before the game of skill machine may be installed at the licensed establishment. “(b) A retailer shall locate its game of skill machines for play only in specific locations approved by ABRA within the retailer’s licensed establishment. “(c) A retailer shall affix and maintain a registration sticker issued by the Office to the game of skill machine at all times the game of skill machine is located at the establishment. If the registration sticker is damaged, destroyed, lost, or removed, the retailer shall pay the Office $75 for a replacement registration sticker. “(d) A retailer shall post both its retailer’s license and a warning sign, maintained in good repair and in a place clearly visible at the point of entry to the designated areas where the game of skill machines are located. The warning sign shall include: “(1) The minimum age required to play a game of skill machine; “(2) The contact information for the District’s gambling hotline; and “(3) The contact information for the Office for purposes of filing a complaint against the manufacturer, supplier, distributor, or retailer. “(e) Failure to display the registration sticker, license, or warning sign may result in the Office revoking or suspending the license or issuing a fine against the licensed establishment pursuant to section 416. “Sec. 412. Cash award. ENROLLED ORIGINAL 103 “(a) A game of skill machine shall not directly dispense cash awards to a player. If, at the conclusion of the game, a player is entitled to a cash award, the game of skill machine shall dispense a ticket or voucher to the player. The ticket or voucher shall indicate: “(1) The total amount of the cash award; “(2) The time of day that the cash award was issued in a 24-hour format showing hours and minutes, the date, the terminal serial number, and the sequential number of the ticket or voucher; and “(3) An encrypted validation number from which the validity of the cash award may be determined. “(b) A retailer shall allow a player to take the ticket or voucher to the owner of the licensed establishment or the owner’s designee, who shall be located at the licensed establishment, for payment of the cash award. “Sec. 413. Game of skill machine use by minors prohibited. “(a) A licensee shall not permit a person under the age of 18 to use or play a game of skill machine. “(b) The Office may suspend or revoke a license and issue a fine, in accordance with section 416, against a licensee that knowingly allows a person under the age of 18 to use or play a game of skill machine. “Sec. 414. Centralized accounting system. “(a)(1) Within 6 months after the effective date of the Game of Skill Machines Consumer Protection Act of 2020, passed on 2nd reading on July 28, 2020 (Enrolled version of Bill 23-760) (“permanent legislation”), the Office shall issue a solicitation to procure a centralized accounting system, which shall be administered by the Office and designed and operated to allow the monitoring and reading of all game of skill machines for the purpose of compliance with this title and rules issued pursuant to this title. “(2) When the Office is satisfied with the operation of the CAS, it shall: “(A) Certify the effective status of the system; and “(B) Notify all retailers of the date by which the retailer’s game of skill machines must be linked to the CAS. “(b)(1)(A) A game of skill machine approved prior to the effective date of the permanent legislation shall be connected to the CAS within one year after notification pursuant to subsection (a)(2) of this section. “(B) A game of skill machine approved on or after the effective date of the emergency act but prior to the deployment of the CAS shall be connected within 6 months after notification pursuant subsection (a)(2) of this section. “(C) A game of skill machine approved after the effective date of the emergency act and after deployment of the CAS shall be connected to the CAS prior to operation of the game of skill machine. “(2) After a game of skill machine has been connected to the CAS, it shall remain connected as required by the Office. ENROLLED ORIGINAL 104 “(c) All game of skill machines registered in the District shall be linked to the CAS for purposes of accounting, reporting, monitoring, and reading machine activities as provided for in this title or rules issued pursuant to this title. “(d) The CAS shall not provide for the monitoring or reading of personal or financial information concerning patrons of game of skill machines. “(e) Employees and agents of a contractor or subcontractor of the Office that is engaged in building, operating, maintaining, or contracting to build, operate, or maintain the CAS, and the immediate family members of such employees and agents, shall be prohibited from obtaining a license under this title. “(f) Unless a retailer’s license is canceled, suspended, or revoked, nothing in this section shall authorize the Office to limit or eliminate a registered game of skill from the CAS. “Sec. 415. Insurance. “Each distributor shall maintain liability insurance on all game of skill machines that it places in a licensed establishment in an amount set by the Office by rule issued pursuant to this title. “Sec. 416. Penalties. “(a) In the event of a violation of this title or a rule issued pursuant to this title, the Office may: “(1) Impose a fine of not more than $50,000; “(2) Revoke a licensee’s license; or “(3) Suspend the licensee’s license for up to one year. “(b) A person that has been fined or whose application has been denied, revoked, or suspended pursuant to this section shall have a right to a hearing before the Office and, in the event of the Office’s affirmation of the fine, denial, revocation, or suspension, the right to appeal the decision of the Office to the Superior Court of the District of Columbia. “(c) The Office shall notify ABRA within 48 hours after the Office suspends or revokes a retailer’s license. “Sec. 417. Authority of the Office. “(a) The Office may enforce the provisions of this title with respect to licensees and any individual or entity not holding a license and offering a game of skill machine in violation of the provisions of this title or rules issued pursuant to this title. “(b) Subject to subsection (c) of this section, the Office and the Metropolitan Police Department may issue citations for civil violations of this title as set forth in rules issued pursuant to this title. “(c) A citation for a violation for which the penalty includes the suspension or revocation of a license shall be issued by the Office as a result of an investigation carried out by the Office. “(d) The Office may request and check the identification of a person who has played, is playing, or is attempting to play a game of skill machine. The Office may seize evidence that substantiates a violation under this title, which may include seizing the tickets, vouchers, or cash ENROLLED ORIGINAL 105 awards issued to a person under the age of 18 and fake identification documents used by a person under the age of 18. “(e) The Office may seize a game of skill machine license from an establishment if: “(1) The game of skill machine license has been suspended, revoked, or canceled by the Office; “(2) The business is no longer in existence; or “(3) The business has been closed by another District government agency. “Sec. 418. Investigations and inspections. “(a) The Office may conduct investigations, searches, seizures, and perform other duties authorized by this title and rules issued pursuant to this title. “(b) An applicant for a license and each licensee shall allow an authorized member of the Office, an ABRA investigator, or any member of the Metropolitan Police Department full opportunity to examine at any time during business hours: “(1) The location on the premises where game of skill machines are available to play; and “(2) The books and records of the licensee or applicant. “Sec. 419. Unlawful acts; action by the Attorney General. “(a)(1) No manufacturer, distributor, supplier, licensed establishment, or employee or agent of a manufacturer, distributor, supplier, or licensed establishment shall intentionally make a false or misleading representation concerning an individual’s chances, likelihood, or probability of winning at playing a game of skill machine. “(2) An individual or entity claiming to be aggrieved by a fraudulent act or a false or misleading statement by a licensee shall have a cause of action in a court of competent jurisdiction for damages and any legal or equitable relief as may be appropriate. “(b) The Attorney General for the District of Columbia, in the name of the District of Columbia, may bring an action in the Superior Court of the District of Columbia to enjoin an individual or entity or to seek a civil penalty of up to $50,000 for a violation of this title or rule issued pursuant to this title. “Sec. 420. Taxation of game of skill machines. “(a)(1) On or before the 20th day of each month, each retailer shall: “(A) File a return, on forms and in the manner prescribed by the CFO, with the CFO indicating the amount of gross game of skill machine revenue for the retailer’s game of skill machines for the preceding calendar month; and “(B) Pay to the District of Columbia Treasurer 10% of the gross game of skill machine revenue for the preceding month. “(b) All funds owed to the District under this section shall be held in trust within the boundaries of the District for the District by the retailer until the funds are paid to the District of Columbia Treasurer. ENROLLED ORIGINAL 106 “(c) A retailer that falsely reports or fails to report the amount due as required by this section may be fined or imprisoned in accordance with Title 22 of the District of Columbia Official Code and shall have its retailer’s license revoked. “(d) A retailer shall keep a record of the gross game of skill machine revenue, awards, and net income of each game of skill machine in such form as the Office may require. “(e) A payment required by this section that is not remitted when due shall be assessed a late payment penalty in amount set forth in D.C. Official Code § 47-4213. “(f) In the case of an underpayment of the tax required by this section, there shall be added to the tax, an amount of interest determined by applying the underpayment rate set forth in D.C. Official Code § 47-4201 to the amount of the underpayment for the period of the underpayment. “Sec. 421. Deposit of license fees. “All fees collected under sections 406 through 409 shall be deposited in the Lottery, Gambling, and Gaming Fund, established by section 4 (D.C. Official Code § 36-601.12).”. “Sec. 422. Rules and regulations governing game of skill machines. “(a) The CFO, pursuant to section 424(d) of the District of Columbia Home Rule Act, approved April 17, 1995 (109 Stat. 142; D.C. Official Code § 1-204.24d), shall issue rules to implement the provisions of this title. “(b) The rules issued by the CFO pursuant to subsection (a) of this section shall include: “(1) Standards for conducting inspections of game of skill machines for compliance with industry standards; “(2) Standards for inspecting licensed establishments for compliance with this title; “(3) Minimum and maximum payment amounts for playing game of skill machines; “(4) The maximum amount of allowable winnings per game; “(5) Requirements relating to how fees and taxes are to be remitted; “(6) The method of accounting to be used by a licensed establishment where a game of skill machine is authorized; “(7) Methods of age verification; “(8) Types of records that shall be required to be maintained by a licensee; “(9) Posting requirements; “(10) Advertising guidelines, including specific language concerning individuals under the age of 18; “(11) Penalties for a violation of this title or rule issued pursuant to this title; and “(12) Internal control standards for game of skill machines.”. Sec. 6023. Title 25 of the District of Columbia Official Code is amended as follows: (a) Chapter 1 is amended as follows: (1) Section 25-101 is amended as follows: ENROLLED ORIGINAL 107 (A) A new paragraph (22B) is added to read as follows: “(22B) “Game of skill machine” has the meaning set forth in section 401(6) of the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes in the District of Columbia, passed on emergency basis on July 28, 2020 (Enrolled version of Bill 23-867).”. (B) A new paragraph (53A) is added to read as follows: “(53A) “Voucher” means a ticket issued by a game of skill machine that is redeemable for cash winnings.”. (2) Section 25-113a is amended as follows: (A) The section is redesignated as § 25-113.01. (B) The section heading is amended to read as follows: “§ 25-113.01. License endorsements.”. (C) A new subsection (e) is added to read as follows: “(e)(1) A licensee under a manufacturer’s license class A or B holding an on-site sales and consumption permit, or an on-premises retailer’s license, class C/R, D/R, C/H, D/H, C/T, D/T, C/N, D/N, C/X, or DX, shall obtain a game of skill machine endorsement from the Board in order to offer a game of skill machine on the licensed premises. “(2)(A) A game of skill machine shall not be placed on outdoor public or private space; provided, that the Board, in its discretion, may allow for the placement of a game of skill machine on outdoor public or private space if, in the Board’s determination, activity associated with the game of skill machine is: “(i) Not visible from a public street or sidewalk; “(ii) Adequately secured against unauthorized entrance; and “(iii) Accessible only by patrons from within the establishment. “(B) Subparagraph (A) of this paragraph shall not apply to a licensee operating a passenger-carrying marine vessel in accordance with § 25-113(h).”. (b) Section 25-401 is amended by adding a new subsection (e) to read as follows: “(e) An applicant for a game of skill machine endorsement shall submit to the Board with its application: “(1) A diagram of where the game of skill machines will be placed on the licensed premises; and “(2) The name of the manufacturer and distributor of the game of skill machines and documentation reflecting that the manufacturer and distributor are licensed to do business and pays taxes in the District of Columbia.”. (c) Section 25-508 is amended to read as follows: “25-508. Minimum fee for permits, and manager’s license, and endorsement. “The minimum fees for permits, manager’s license, and endorsement shall be as follows: “Tasting permit for class A licensees $100/year “Importation permit $5 “Manager’s license $100/year ENROLLED ORIGINAL 108 “On-site sales and consumption permit $1,000/year “Game of skill machine endorsement $200”. (d) Chapter 7 is amended as follows: (1) The table of contents is amended by adding a new section designation to read as follows: “25-786. Game of skill machine operating requirements.”. (2) Section 25-763 is amended by adding a new subsection (g) to read as follows: “(g) Exterior signs advertising game of skill machines shall be prohibited on the licensed establishment.”. (3) Section 25-765 is amended by adding a new subsection (c) to read as follows: “(c) Advertisements related to game of skill machines shall not be placed on the interior or exterior of a window or on the exterior of a door that is used to enter or exit the licensed establishment.”. (4) A new section 25-786 is added to read as follows: “§ 25-786. Game of skill machine operating requirements. “A licensee with a game of skill machine endorsement shall: “(1) Not allow or permit a person under 18 years of age to play a game of skill machine and shall designate an employee to regularly monitor the designated area where game of skill machines are played to ensure that no person under 18 years of age is playing or attempting to play a game of skill machine; “(2) Verify that each person playing a game of skill machine is lawfully permitted to do so by checking the person’s government-issued identification document upon entry into either the licensed establishment or the designated area where the game of skill machines are located and where the person seeks to cash out his or her winnings, if any; except, that the failure of a licensee to verify a person’s identification shall not be a violation of this paragraph if the person whose identification was not checked is 18 years of age or older; “(3) Not allow or permit a person that appears intoxicated or under the influence of a narcotic or other substance to play a game of skill machine; “(4) Not share revenue from the licensee’s sale of alcohol with a manufacturer or distributor of a game of skill machine, unless approved by the Board as an owner of the license; “(5) Not allow or permit the placement of a game of skill machine on an outdoor public or private space that has not been approved by the Board; “(6) Not allow or permit the placement of a game of skill machine outside of the designated areas contained on the applicant’s diagram provided as part of the license application or outside the areas approved by the Board; “(7) Not have more than 5 game of skill machines on the licensed premises; and “(8) Install security cameras that are operational and record for 30 days, in the areas designated for game of skill machines, near the cash register or terminal where cash winnings of game of skill machines are processed, and where the licensee’s money is stored.”. (e) Section 25-801 is amended by adding a new subsection (h) to read as follows: ENROLLED ORIGINAL 109 “(h) An ABRA investigator may request and check the identification of a person who has played, is playing, or is attempting to play a game of skill machine. An ABRA investigator may seize fake identification used by a person under 18 years of age and may seize such records related to a game of skill machine as the investigator deems appropriate to investigate the playing of a game of skill machine by a person under 18 years of age.”. Sec. 6024. Section 865 of An Act To establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1331; D.C. Official Code § 22-1704), is amended as follows: (a) The existing text is designated as subsection (a). (b) A new subsection (b) is added to read as follows: “(b) It shall be unlawful to install or operate a game of skill machine in the District except as permitted by D.C. Official Code § 25-113.01(e). Whoever shall install or operate a game of skill machine at a location not licensed under Title 25 of the District of Columbia Official Code shall be punished by imprisonment for a term of 180 days or fined not more than the amount set forth in section 101 of the Criminal Fine Proportionality Amendment Act of 2012, effective June 11, 2013 (D.C. Law 19-317; D.C. Official Code § 22-3571.01), or both.”. SUBTITLE D. PAY-BY-PHONE TRANSACTION FEES FUND Sec. 6031. Short title. This subtitle may be cited as the “Pay-By-Phone Transaction Fee Fund Emergency Amendment Act of 2020”. Sec. 6032. Section 9f of the Department of Transportation Establishment Act of 2002, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 50-921.14), is amended to read as follows: “Sec. 9f. Parking Meter and Transit Services Pay-by-Phone Transaction Fee Fund. “(a) There is established the Parking Meter and Transit Services Pay-by-Phone Transaction Fee Fund (“Fund”), which shall be administered by the director of the District Department of Transportation in accordance with subsection (c) of this section. “(b) The following revenue shall be deposited in the Fund: “(1) Notwithstanding section 3(h) of the District of Columbia Motor Vehicle Parking Facility Act of 1942, approved February 16, 1942 (56 Stat. 91; D.C. Official Code § 50– 2603(8)), all transaction fees imposed upon users who pay for parking, transit fares, Capital Bikeshare trips, and other forms of shared mobility and transportation services with the pay-by- phone system; and “(2) All money remaining in the District Department of Transportation Parking Meter Pay-by-Phone Transaction Fee Fund at the end of Fiscal Year 2020. ENROLLED ORIGINAL 110 “(c) Money in the Fund shall be used to pay vendors responsible for administering pay- by-phone payment systems for parking, transit fares, Capital Bikeshare trips, and other forms of shared mobility and transportation services. “(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.”. Sec. 6033. Section 3(h)(1) of the District of Columbia Motor Vehicle Parking Facility Act of 1942, approved February 16, 1942 (56 Stat. 91; D.C. Official Code § 50-2603(8)(A)), is amended by striking the phrase “to be transferred to the District Department of Transportation Parking Meter Pay-by-phone Transaction Fee Fund and the DC Circulator Fund, in accordance with section 9f of the Department of Transportation Establishment Act of 2002, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 50-921.14)” and inserting the phrase “to be transferred to the Parking Meter and Transit Services Pay-by-Phone Transaction Fee Fund, in accordance with section 9f of the Department of Transportation Establishment Act of 2002, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 50-921.14), and the DC Circulator Fund, in accordance with section 11c of the Department of Transportation Establishment Act of 2002, effective March 6, 2007 (D.C. Law 16-225; D.C. Official Code § 50- 921.33)” in its place. SUBTITLE E. ENVIRONMENTAL SPECIAL PURPOSE REVENUE ACCOUNTS Sec. 6041. Short title. This subtitle may be cited as the “Environmental Special Purpose Funds Reestablishment Emergency Amendment Act of 2020”. Sec. 6042. The Lead-Hazard Prevention and Elimination Act of 2008, effective March 31, 2009 (D.C. Law 17-381; D.C. Official Code § 8-231.01 et seq.), is amended by adding a new section 10a to read as follows: “Sec. 10a. Lead Poisoning Prevention Fund. “(a) There is established as a special fund the Lead Poisoning Prevention Fund (“Fund”), which shall be administered by the Department of Energy and Environment in accordance with subsection (c) of this section. “(b) All fees, fines, and penalties received from compliance with and enforcement of this act, and all interest earned on those monies, shall be deposited into the Fund. “(c) Money in the Fund shall be used to pay for the costs of implementing this act and may be used to provide low-income residents of the District with assistance to comply with the requirements of section 4, in accordance with rules issued by the Mayor. ENROLLED ORIGINAL 111 “(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.”. Sec. 6043. The District of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code § 8-113.01 et seq.), is amended by adding a new section 6a to read as follows: “Sec. 6a. Underground Storage Tank Regulation Fund. “(a) There is established as a special fund the Underground Storage Tank Regulation Fund (“Fund”), which shall be administered by the Department of Energy and Environment in accordance with subsection (c) of this section. “(b) All fees, fines, and penalties received from compliance with and enforcement of this act, and contributions and monies received as reimbursement, and all interest earned on those monies, shall be deposited into the Fund. “(c) Money in the Fund shall be used to pay for the costs of implementing this act and may be used for assessment, clean up, and housing and relocation assistance. “(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.”. Sec. 6044. The District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Law 2-64; D.C. Official Code § 8-1301 et seq.), is amended by adding a new section 21a to read as follows: “Sec. 21a. Hazardous Waste and Toxic Chemical Source Reduction Fund. “(a) There is established as a special fund the Hazardous Waste and Toxic Chemical Source Reduction Fund (“Fund”), which shall be administered by the Department of Energy and Environment in accordance with subsection (c) of this section. “(b) All fees, fines, and penalties received from compliance with and enforcement of this act, and all interest earned on those monies, shall be deposited into the Fund. “(c) Money in the Fund shall be used to pay for the costs of implementing this act. “(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.”. ENROLLED ORIGINAL 112 SUBTITLE F. ALCOHOLIC BEVERAGE SALES AND DELIVERY Sec. 6051. Short title. This subtitle may be cited as the “Alcoholic Beverage Sales and Delivery Emergency Amendment Act of 2020”. Sec. 6052. Title 25 of the District of Columbia Official Code is amended as follows: (a) Chapter 1 is amended as follows: (1) Section 25-112 is amended by adding a new subsection (h) to read as follows: “(h)(1) A retailer with commercial street frontage at the Walter E. Washington Convention Center that sells food and is approved by the Washington Convention and Sports Authority to sell alcoholic beverages for on-premises consumption (“Convention Center food and alcohol business”) that registers as a Convention Center food and alcohol business with the Board and receives written authorization from ABRA may sell beer, wine, or spirits in closed containers to individuals for carry out and may deliver beer, wine, or spirits in closed containers to consumers in the District, pursuant to §§ 25-113(a)(3)(C) and 25-113.01(g); provided, that such carry out and delivery orders are accompanied by one or more prepared food items. “(2) Board approval shall not be required for a registration under this subsection that occurs before April 1, 2021. “(3) After March 31, 2021, a Convention Center food and alcohol business that does not hold a valid registration under this subparagraph shall be required to obtain a carry out and delivery license as set forth in § 25-113.01(g) to sell beer, wine, or spirits in closed containers to customers to carry out and to sell and deliver to the homes of District residents beer, wine, or spirits in closed containers for delivery . “(4) A Convention Center food and alcohol business that has been authorized to offer alcoholic beverages for carry out and delivery in accordance with paragraph (1) of this subsection may only offer alcoholic beverages for carry out and delivery between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week.”. (2) Section 25-113(a)(3)(C) is amended to read as follows: “(C)(i) An on-premises retailer licensee, class C/R, D/R, C/T, D/T, C/H, D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, that registers with the Board and receives written authorization from ABRA may sell beer, wine, or spirits in closed containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to consumers in the District between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week; provided, that each such carry out or delivery order is accompanied by one or more prepared food items. “(ii) Board approval shall not be required for a registration under this subparagraph that occurs prior to April 1, 2021. After March 31, 2021, an on-premises retailer that does not hold a valid registration under this subparagraph shall be required to obtain a carry out and delivery endorsement as set forth in § 25-113.01(f) in order to sell for carry out and deliver alcoholic beverages.”. (3) Newly designated section 25-113.01 is amended by adding new subsections ENROLLED ORIGINAL 113 (f) and (g) to read as follows: “(f)(1) Effective April 1, 2021, a licensee under an on-premises retailer’s license, class C/R, D/R, C/T, D/T, C/H, D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, shall obtain a carry out and delivery endorsement from the Board to be eligible to sell beer, wine, or spirits in closed containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to consumers in the District. “(2) Carry out sales and delivery shall be authorized under paragraph (1) of this subsection only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week. “(3) Each carry out or delivery order of an alcoholic beverage pursuant to paragraph (1) of this subsection shall be accompanied by one or more prepared food items. “(4) The annual fee for a carry out and delivery endorsement shall be established by the Board in an amount not less than $200. “(5) An on-premises retailer licensee that has registered with the Board under § 25-113(a)(3)(C) before April 1, 2021 (“registered licensee”), shall not be required to apply with the Board for an endorsement under this subsection, and the registered licensee shall be granted the carry out and delivery endorsement upon request to the Board, if the registered licensee makes the request and pays the annual fee required by paragraph (4) of this subsection by March 31, 2021. “(g)(1) Effective April 1, 2021, a Convention Center food and alcohol business that has registered with the Board under § 25-112(h), shall obtain a carry out and delivery license from the Board to be eligible to sell beer, wine, or spirits in closed containers to individuals for carry out, or deliver beer, wine, or spirits in closed containers to consumers in the District. “(2) Carry out sales and delivery shall be authorized under paragraph (1) of this subsection only between the hours of 6:00 a.m. and 1:00 a.m., 7 days a week. “(3) Each carry out or delivery order of an alcoholic beverage pursuant to paragraph (1) of this subsection shall be accompanied by one or more prepared food items. “(4) The annual fee for a carry out and delivery license shall be established by the Board in an amount not less than $200. “(5) A Convention Center food and alcohol business that has registered with the Board under § 25-112(h) before April 1, 2021 (“registered Convention Center food and alcohol business”), shall not be required to apply with the Board for a license under this subsection, and the registered Convention Center food and alcohol business shall be granted a carry out and delivery license upon request to the Board, if the registered Convention Center food and alcohol business makes the request and pays the annual fee required by paragraph (4) of this subsection by March 31, 2021. “(6) Beginning June 30, 2022, and each year thereafter, ABRA shall submit an annual report to the Council on the outcomes of this section, including the number of on-premise licensees participating in the carry-out and delivery option, and the number of on- and off- premise retailer licensees that may have closed after the carry-out and delivery option was implemented”. ENROLLED ORIGINAL 114 (b) Chapter 7 is amended as follows: (1) Section 25-721 is amended as follows: (A) Subsection (a-1) is amended by striking the phrase “7:00 a.m. and 12:00 a.m.” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. (B) Subsection (c) is amended as follows: (i) Paragraph (1) is amended by striking the phrase “2:00 a.m. and 8:00 a.m.” and inserting the phrase “2:00 a.m. and 6:00 a.m.” in its place. (ii) Paragraph (2) is amended by striking the phrase “3:00 a.m. and 8:00 a.m.” and inserting the phrase “3:00 a.m. 6:00 a.m.” in its place. (C) Subsection (d) is amended by striking the phrase “7:00 a.m. and midnight” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. (2) Section 25-722 is amended as follows: (A) Subsection (a) is amended by striking the phrase “7:00 a.m. and midnight” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. (B) Subsection (b) is amended by striking the phrase “7:00 a.m. and midnight” and inserting the phrase “6:00 a.m. and 1:00 a.m.” in its place. (3) Section 25-723 is amended as follows: (A) Subsection (b) is amended as follows: (i) Paragraph (1) is amended by striking the phrase “2:00 a.m. and 8:00 a.m.” and inserting the phrase “2:00 a.m. and 6:00 a.m.” in its place. (ii) Paragraph (2) is amended by striking the phrase “3:00 a.m. and 8:00 a.m.” and inserting the phrase “3:00 a.m. and 6:00 a.m.” in its place. (B) Subsection (c)(1) is amended as follows: (i) Subparagraph (C) is amended by striking the phrase “; and” and inserting a semicolon in its place. (ii) Subparagraph (D) is amended by striking the period and inserting the phrase “; and” in its place. (iii) A new subparagraph (E) is added to read as follows: “(E) The Saturday and Sunday adjacent to Veterans Day, Christmas Day, and District of Columbia Emancipation Day as set forth in § 1-612.02(a); except, that if the holiday under this subparagraph occurs on a Tuesday, the extended hours shall occur on the preceding Saturday and Sunday and if a holiday under this subparagraph occurs on a Wednesday or Thursday, the extended hours shall occur on the following Saturday and Sunday.”. (C) Subsection (e)(1) is amended by striking the phrase “2017, January 14 through January 22” and inserting the phrase “2021, January 9 through January 24” in its place. Sec. 6053. Repealer. Section 204(a)(1) and amendatory section 25-113(a)(3)(C) of the District of Columbia Official Code in section 204(a)(2)(A) of the Coronavirus Support Temporary Amendment Act of 2020, enacted on July 7, 2020 (D.C. Act 23-334; 67 DCR 8622), are repealed. ENROLLED ORIGINAL 115 SUBTITLE G. THIRD-PARTY INSPECTION PLATFORM Sec. 6061. Short title. This subtitle may be cited as the “Third-Party Inspection Platform Emergency Amendment Act of 2020”. Sec. 6062. Section 6d of the Construction Codes Approval and Amendments Act of 1986, effective June 25, 2002 (D.C. Law 14-162; D.C. Official Code § 6-1405.04), is amended by adding a new subsection (f) to read as follows: “(f) The Department may establish an online platform that may, at the Director’s discretion, serve as the exclusive mechanism by which an individual or entity may hire a third- party inspector to perform an inspection authorized by this section. The Department may charge a fee for the use of the online platform by an individual or entity and by the third-party inspectors.”. SUBTITLE H. PARKING RECIPROCITY FEE UPDATE AMENDMENT Sec. 6071. Short title. This subtitle may be cited as the “Reciprocity Parking Fee Update Emergency Amendment Act of 2020”. Sec. 6072. Section 8(d) of the District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1123; D.C. Official Code § 50-1401.02(d)), is amended by striking the figure “$50” and inserting the figure “$100” in its place.  SUBTITLE I. TAG TRANSFER FEE UPDATE AMENDMENT Sec. 6081. Short title. This subtitle may be cited as the “Tag Transfer Fee Update Emergency Amendment Act of 2020”. Sec. 6082. Section 2(e) of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 680; D.C. Official Code § 50-1501.02(e)), is amended as follows: (a) Paragraph (2) is amended by striking the figure “$7” and inserting the figure “$12” in its place. (b) Paragraph (5) is amended by striking the figure “$7” and inserting the figure “$12” in its place. SUBTITLE J. ATE PROGRAM REPORTING REQUIREMENT AMENDMENT Sec. 6091. Short title. This subtitle may be cited as the “ATE Reporting Requirement Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 116 Sec. 6092. Title IX of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code § 50-2209.01 et seq.), is amended by adding a new section 905 to read as follows: “Sec. 905. ATE Reporting to Council. “Beginning January 1, 2021, the District Department of Transportation, in consultation with the Department of Motor Vehicles, shall report to the Council on a semi-annual basis the following information: “(1) The top 15 automated traffic enforcement (“ATE”) locations by value of citations generated in the District; “(2) The breakdown of the jurisdictions where those receiving ATE citations and with outstanding ATE citation debt have their vehicles registered; “(3) The locations where cameras have been added in the last 6 months and the reasons why those locations were chosen; and “(4) The amount of ATE citations issued in total and by location.”. SUBTITLE K. CAPACITY MARKET WITHDRAWAL FEASABILITY STUDY Sec. 6101. Short title. This subtitle may be cited as the “Capacity Market Withdrawal Feasibility Study Emergency Act of 2020”. Sec. 6102. Feasibility study. By July 1, 2021, the Department of Energy and Environment shall make publicly available a study that evaluates and makes recommendations regarding the District withdrawing from the PJM capacity market, including outlining the potential advantages and disadvantages of withdrawal, the anticipated effects of Calpine Corp. v. PJM Interconnection, L.L.C., 169 FERC ¶ 61,239 (2019) on the District, and the procedure for withdrawal from the PJM capacity market, including any necessary legislative changes. SUBTITLE L. COMPETITIVE GRANT Sec. 6111. Short title. This subtitle may be cited as the “Competitive Grant Emergency Act of 2020”. Sec. 6112. The Department of Energy and Environment shall award an annual grant on a competitive basis, in an amount not to exceed $200,000, to provide wildlife rehabilitation services. SUBTITLE M. URBAN AGRICULTURE FUNDING Sec. 6121. Short title. ENROLLED ORIGINAL 117 This subtitle may be cited as the “Urban Agriculture Funding Emergency Amendment Act of 2020”. Sec.  6122. The Food Production and Urban Gardens Program Act of 1986, effective February 28, 1987 (D.C. Law 6-210; D.C. Official Code § 48-401 et seq.), is amended as follows: (a) Section 3a(d)(1) (D.C. Official Code § 48-402.01(d)(1)) is amended by striking the phrase “base period of 5 years” and inserting the phrase “base period of at least 5 years” in its place. (b) Section 3b (D.C. Official Code § 48-402.02) is amended to read as follows: “Sec. 3b. Limitations on expenditures. “Total real property tax abatements provided for certain urban farms established pursuant to D.C. Official Code § 47-868 and the tax-exempt status conferred by D.C. Official Code § 47- 1005(c) shall not exceed $150,000 each year.”. Sec.  6123. Section 47-1005(c) of the District of Columbia Official Code is amended by striking the phrase “Department of General Services” and inserting the phrase “Department of Energy and Environment” in its place. SUBTITLE N. WASTE DISPOSAL FEES Sec. 6131. Short title. This subtitle may be cited as the “Waste Disposal Fees Regulation Emergency Amendment Act of 2020”. Sec. 6132. Section 720.8 of Title 21 of the District of Columbia Municipal Regulations (21 DCMR § 720.8) is amended to read as follows: “720.8 Beginning on October 1, 2020, the applicable fee for the disposal of each ton of solid waste at the waste-handling facilities, excluding those wastes specified in §§ 720.5, 720.6, and 720.7, shall be seventy dollars and sixty-two cents ($70.62) for each ton disposed; provided, that a minimum fee of thirty five dollars and thirty-one cents ($35.31) shall be imposed on each load weighing one thousand pounds (1,000 lb.) or less.”. SUBTITLE O. FAST FERRY GRANT Sec. 6141. Short title. This subtitle may be cited as the “Fast Ferry Grant Emergency Act of 2020”. Sec. 6142. (a) In Fiscal Year 2021, the District Department of Transportation (“DDOT”) shall award a grant of not less than $250,000 to a regional transportation system supporting efforts to establish M-495 Commuter Fast Ferry Service on the Occoquan, Potomac, and Anacostia River system. ENROLLED ORIGINAL 118 (b) A grant awarded pursuant to this section shall be in addition to any other grant awarded by DDOT for fast ferry service. TITLE VII. FINANCE AND REVENUE SUBTITLE A. PERSONAL PROPERTY TAX Sec. 7001. Short title. This subtitle may be cited as the “Personal Property Tax Emergency Amendment Act of 2020”. Sec. 7002. Title 47 of the District of Columbia Official Code is amended as follows: (a) Section 47-1508(a) is amended by adding a new paragraph (13) to read as follows: “(13)(A) Computer software, unless: “(i) The software is incorporated as a permanent component of a computer, machine, piece of equipment, or device, or of real property, and the software is not commonly available separately; or “(ii) The cost of the software is included as part of the cost of a computer, machine, piece of equipment, or device, or of the cost of real property on the books or records of the taxpayer. “(B) This paragraph shall not be construed to affect the value of a machine, device, piece of equipment, or computer, or the value of real property, or to affect the taxable status of any other property subject to tax under this title.”. (b) Section 47-1521 is amended as follows: (1) Paragraph (1) is redesignated as paragraph (1A). (2) A new paragraph (1) is added to read as follows: “(1) “Computer software” means a set of statements or instructions that when incorporated in a machine-usable medium is capable of causing a machine or device having information processing capabilities to indicate, perform, or achieve a particular function, task, or result.”. (3) Paragraph (4) is amended by striking the phrase “goods and chattels” and inserting the phrase “goods and chattels, including computer software,” in its place. Sec. 7003. Applicability. This subtitle shall apply as of July 1, 2021. SUBTITLE B. UNINCORPORATED BUSINESS FRANCHISE TAX Sec. 7011. Short title. This subtitle may be cited as the “Unincorporated Business Franchise Tax Emergency Amendment Act of 2020”. ENROLLED ORIGINAL 119 Sec. 7012. Section 47-1808.02(1) of the District of Columbia Official Code is amended by striking the phrase “Internal Revenue Code of 1986.” and inserting the phrase “Internal Revenue Code of 1986. Taxable income shall include gain from the sale or other disposition of any assets, including tangible assets and intangible assets, including real property and interests in real property, in the District, even when such a sale or other disposition results in the termination of an unincorporated business.” in its place. Sec. 7013. Applicability. This subtitle shall apply as of January 1, 2021. SUBTITLE C. BALLPARK REVENUE FUND Sec. 7021. Short title. This subtitle may be cited as the “Ballpark Revenue Fund Excess Revenue Emergency Amendment Act of 2020”. Sec. 7022. Section 102(d) of the Ballpark Omnibus Financing and Revenue Act of 2004, effective April 8, 2005 (D.C. Law 15-320; D.C. Official Code § 10-1601.02(d)), is amended by striking the phrase “due on the bonds.” and inserting the phrase “due on the bonds; provided, that any excess that accrues during Fiscal Year 2020, Fiscal Year 2021, or Fiscal Year 2022 shall be deposited in the unrestricted fund balance of the General Fund during the fiscal year in which it accrues.” in its place. Sec. 7023. Applicability. This subtitle shall apply as of August 1, 2020. SUBTITLE D. EVENTS DC AUTHORITY Sec. 7031. Short title. This subtitle may be cited as the “Events DC Authority Emergency Amendment Act of 2020”. Sec. 7032. Title II of the Washington Convention Center Authority Act of 1994, effective September 28, 1994 (D.C. Law 10-188; D.C. Official Code § 10-1202.01 et seq.), is amended as follows: (a) Section 203 (D.C. Official Code § 10-1202.03) is amended as follows: (1) Paragraph (10K) is amended by striking the period and inserting a semicolon in its place. (2) A new paragraph (10L) is added to read as follows: “(10L) To issue grants pursuant to section 208(h) to support go-go music in the District of Columbia.”. ENROLLED ORIGINAL 120 (b) Section 204(m) (D.C. Official Code § 10-1202.04(m)), is amended by striking the phrase “Fiscal Year 2019 or Fiscal Year 2020” and inserting the phrase “Fiscal Year 2020 or Fiscal Year 2021” in its place. (c) Section 208 (D.C. Official Code § 10-1202.08) is amended by adding a new subsection (h) to read as follows: “(h) For Fiscal Year 2021, the Authority shall issue not less than $1 million in grants from the Convention Center Fund to support go-go related programming, branding, tourism, and marketing; provided, that funds are available for such purpose and that the Authority first satisfy its current liabilities and legally required reserves, which shall not include the elective purchase or redemption of outstanding indebtedness, unless such purchase or redemption is for the purpose of securing a lower cost of borrowing and lower debt service payments.”. SUBTITLE E. PARKSIDE PARCEL E AND J MIXED-INCOME APARTMENTS TAX ABATEMENT Sec. 7041. Short title. This subtitle may be cited as the “Parkside Parcel E and J Mixed-Income Apartments Tax Abatement Emergency Amendment Act of 2020”. Sec. 7042. Section 47-4658 of the District of Columbia Official Code is amended as follows: (a) Subsection (b) is amended by striking the number “2020” and inserting the number “2022” in its place. (b) Subsection (c) is amended by striking the number “2020” and inserting the number “2022” in its place. Sec. 7043. Applicability. This subtitle shall apply as of the effective date of this act. SUBTITLE F. OFF-PREMISES ALCOHOL TAX RATE Sec. 7051. Short title. This subtitle may be cited as the “Off-Premises Alcohol Tax Rate Emergency Amendment Act of 2020”. Sec. 7052. Section 47-2002(a) of the District of Columbia Official Code is amended as follows: (a) Paragraph (3)(A) is amended by striking the phrase “defined in § 47-2001(g-1)” and inserting the phrase “defined in § 47-2001(g-1) or spirituous or malt liquors, beer, and wine sold by an alcoholic beverage licensee acting under authority of §§ 25-112(h)(1), 25-113(a)(3)(C), or 25-113.01(f) or (g)” in its place. ENROLLED ORIGINAL 121 (b) Paragraph (3A) is amended by striking the phrase “where sold” and inserting the phrase “where sold, unless sold by an alcoholic beverage licensee acting under authority of §§ 25-112(h)(1), 25-113(a)(3)(C), or 25-113.01(f) or (g)” in its place. Sec. 7053. Section 47-2202(a) of the District of Columbia Official Code is amended as follows: (a) Paragraph (3)(A) is amended by striking the phrase “defined in § 47-2001(g-1)” and inserting the phrase “defined in § 47-2001(g-1) or spirituous or malt liquors, beer, and wine sold by an alcoholic beverage licensee acting under authority of §§ 25-112(h)(1), 25-113(a)(3)(C), or 25-113.01(f) or (g)” in its place. (b) Paragraph (3A) is amended by striking the phrase “where sold” and inserting the phrase “where sold, unless sold by an alcoholic beverage licensee acting under authority of §§ 25-112(h)(1), 25-113(a)(3)(C), or 25-113.01(f) or (g)” in its place. SUBTITLE G. SUBJECT-TO-APPROPRIATIONS REPEALS AND MODIFICATIONS Sec. 7061. Short title. This subtitle may be cited as the “Subject-to-Appropriations Repeals and Modifications Emergency Amendment Act of 2020”. Sec. 7062. Section 3 of the DC HealthCare Alliance Recertification Simplification Amendment Act of 2017, effective December 13, 2017 (D.C. Law 22-35; 64 DCR 10929), is repealed. Sec. 7063. Section 3 of the East End Certificate of Need Maximum Fee Establishment Amendment Act of 2018, effective October 30, 2018 (D.C. Law 22-176; 65 DCR 9552), is repealed. Sec. 7064. Section 301(a) of the Birth-to-Three for All DC Amendment Act of 2018, effective October 30, 2018 (D.C. Law 22-179; 65 DCR 9569), is amended by striking the phrase “107(b),” and inserting the phrase “107,” in its place. Sec. 7065. Section 8 of the Tipped Wage Workers Fairness Amendment Act of 2018, effective December 13, 2018 (D.C. Law 22-196; 65 DCR 12049), is repealed. Sec. 7066. The Ensuring Community Access to Recreational Spaces Act of 2018, effective February 22, 2019 (D.C. Law 22-210; D.C. Official Code § 38-431 et seq.), is amended as follows: ENROLLED ORIGINAL 122 (a) Section 4(b) (D.C. Official Code § 38-433(b)) is amended by striking the phrase “Within 180 days after February 22, 2019, the Mayor” and inserting the phrase “The Mayor” in its place. (b) A new section 7a is added to read as follows: “Sec. 7a. Applicability. “(a) Section 4 shall apply upon the date of inclusion of its 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 section 4.”. Sec. 7067. Section 3 of the Boxing and Wrestling Commission Amendment Act of 2018, effective February 22, 2019 (D.C. Law 22-228; 66 DCR 200), is repealed. Sec. 7068. The Senior Strategic Plan Amendment Act of 2018, effective March 28, 2019 (D.C. Law 22-267; 66 DCR 1428), is amended by adding a new section 3a to read as follows: “Sec. 3a. Applicability. “(a) This act shall apply upon the date of inclusion of its 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 this act.”. Sec. 7069. Section 5 of the Public Restroom Facilities Installation and Promotion Act of 2018, effective April 11, 2019 (D.C. Law 22-280; 66 DCR 1595), is amended to read as follows: “Sec. 5. Applicability. “(a) Section 4 shall apply upon the date of inclusion of its 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. ENROLLED ORIGINAL 123 “(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 section 4.”. Sec. 7070. Section 5 of the Sports Wagering Lottery Amendment Act of 2018, effective May 3, 2019 (D.C. Law 22-312; 66 DCR 1402), is repealed. Sec. 7071. Section 4 of the Mypheduh Films DBA Sankofa Video and Books Real Property Tax Exemption Act of 2019, effective September 11, 2019 (D.C. Law 23-24; 66 DCR 9759), is repealed. Sec. 7072. Section 3 of the Certificate of Need Fee Reduction Amendment Act of 2019, effective March 10, 2020 (D.C. Law 23-60; 67 DCR 568), is repealed. Sec. 7073. Section 3 of the Electronic Medical Order for Scope of Treatment Registry Amendment Act of 2019, effective March 10, 2020 (D.C. Law 23-62; 67 DCR 574), is repealed. Sec. 7074. Section 5 of the Housing Conversion and Eviction Clarification Amendment Act of 2020, effective April 16, 2020 (D.C. Law 23-72; 67 DCR 2476), is repealed. Sec. 7075. Section 5 of the Urban Farming Land Lease Amendment Act of 2020, effective April 16, 2020 (D.C. Law 23-80; 67 DCR 2494), is repealed. Sec. 7076. Section 4 of the Office on Caribbean Affairs Establishment Act of 2020, effective May 6, 2020 (D.C. Law 23-87; 67 DCR 3534), is repealed. Sec. 7077. Section 3 of the Strengthening Reproductive Health Protections Amendment Act of 2020, effective May 6, 2020 (D.C. Law 23-90; 67 DCR 3537), is repealed. Sec. 7078. Section 6 of the Certified Professional Midwife Amendment Act of 2020, effective June 17, 2020, (D.C. Law 23-97; 67 DCR 3912), is repealed. Sec. 7079. Section 3 of the Leave to Vote Amendment Act of 2020, effective June 24, 2020 (D.C. Law 23-110; 67 DCR 5057), is repealed. Sec. 7080. Section 3 of the Transportation Benefits Equity Amendment Act of 2020, effective June 24, 2020 (D.C. Law 23-113; 67 DCR 5069), is repealed. ENROLLED ORIGINAL 124 Sec. 7081. Section 3 of the Professional Art Therapist Licensure Amendment Act of 2020, effective June 24, 2020, (D.C. Law 23-115; 67 DCR 5077), is repealed. Sec. 7082. Section 6 of the Ivory and Horn Trafficking Prohibition Act of 2020, enacted on April 27, 2020 (D.C. Act 23-302; 67 DCR 5060), is repealed. SUBTITLE H. COUNCIL PERIOD 23 RULE 736 AND OTHER REPEALS Sec. 7091. Short title. This subtitle may be cited as the “Council Period 23 Rule 736 and Other Repeals Emergency Amendment Act of 2020”. Sec. 7092. Section 1013(g) of the Innovation Fund Establishment Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-325.222(g)), is repealed. Sec. 7093. The Health Care Provider Facility Expansion Program Establishment Act of 2018, effective May 5, 2018 (D.C. Law 22-97; D.C. Official Code § 7-1941.01 et seq.), is repealed. Sec. 7094. Section 202 of the Ballpark Omnibus Financing and Revenue Act of 2004, effective April 8, 2005 (D.C. Law 15-320; D.C. Official Code § 10-1602.02), is repealed. Sec. 7095. The School Health Innovations Grant Program Amendment Act of 2018, effective May 5, 2018 (D.C. Law 22-98; D.C. Official Code § 38-671.01 et seq.), is repealed. Sec. 7096. Section 3602(d) of the Restrictions on the Use of Official Vehicles Act of 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code § 50-204(d)), is repealed. Sec. 7097. Sections 103 and 105(c) of the Employee Transportation Amendment Act of 2012, effective March 5, 2013 (D.C. Law 19-223; D.C. Official Code §§ 50-211.03 and 50- 211.05(c)), are repealed. Sec. 7099. The Exhaust Emissions Inspection Amendment Act of 2017, effective January 25, 2018 (D.C. Law 22-47; 64 DCR 12403) is repealed. Sec. 7100. The DC Healthcare Alliance Re-Enrollment Reform Amendment Act of 2017, effective February 17, 2018 (D.C. Law 22-62; 65 DCR 9), is repealed. Sec. 7101. The Ballpark Fee Forgiveness Act of 2017, effective February 28, 2018 (D.C. Law 22-64; 65 DCR 328), is repealed. ENROLLED ORIGINAL 125 Sec. 7102. Section 2(nn) and (oo) of the Homeless Services Reform Amendment Act of 2017, effective February 28, 2018 (D.C. Law 22-65; 65 DCR 331), is repealed. Sec. 7103. The East End Commercial Real Property Tax Rate Reduction Amendment Act of 2018, effective March 29, 2018 (D.C. Law 22-81; 65 DCR 1582), is repealed. Sec. 7104. The Relieve High Unemployment Tax Incentives Act of 2018, effective April 25, 2018 (D.C. Law 22-85; 65 DCR 1805), is repealed. Sec. 7105. The Telehealth Medicaid Expansion Amendment Act of 2018, effective July 3, 2018 (D.C. Law 22-126; 65 DCR 5110), is repealed. Sec. 7106. The Expenditure Commission Establishment Act of 2019, effective September 11, 2019 (D.C. Law 23-16; 66 DCR 8621), is repealed. SUBTITLE I. DISTRICT HISTORY GRANT Sec. 7111. Short title. This subtitle may be cited as the “District History Grant Emergency Act of 2020”. Sec. 7112. (a) The Washington Convention and Sports Authority (“Events DC”) shall award a grant to a nonprofit organization occupying space in the Carnegie Library building that is engaged in collecting, interpreting, and sharing the history of the District. (b) In Fiscal Year 2021, of the funds allocated to the Non-Departmental Account, $100,000 shall be transferred to Events DC to use for the grant authorized by subsection (a) of this section. (c) A grant awarded pursuant to this section shall be in addition to any other grant awarded by Events DC in support of historical education and research. SUBTITLE J. NATIONAL CHERRY BLOSSOM FESTIVAL FUNDRAISING MATCH Sec. 7121. Short title. This subtitle may be cited as the “National Cherry Blossom Festival Fundraising Match Emergency Act of 2020”. Sec. 7122. National Cherry Blossom Festival Fundraising. (a) There is established a matching grant program to support the 2021 National Cherry Blossom Festival (“Program”), which shall be administered by the Washington Convention and Sports Authority (“Events DC”). Under the Program, a matching grant shall be awarded to a nonprofit organization that organizes and produces an event or ENROLLED ORIGINAL 126 events as part of the official, month-long National Cherry Blossom Festival (“Festival”) of up to $1,000,000 at a rate of $2 for every dollar that the organization has raised in donations by April 30, 2021. (b) In Fiscal Year 2021, of the funds allocated to the Non-Departmental Account, $1,000,000 shall be transferred to Events DC to use for the grant authorized by subsection (a) of this section. (c) A grant awarded pursuant to this section shall be in addition to any other grant awarded by Events DC in support of the Festival. SUBTITLE K. MOTOR VEHICLE FUEL TAX Sec. 7131. Short Title. This subtitle may be cited as the “Motor Vehicle Fuel Tax Emergency Amendment Act of 2020”. Sec. 7132. Chapter 23 of Title 47 of the District of Columbia Official Code is amended as follows: (a) Section 47-2301 is amended as follows: (1) Subsection (a) is amended by adding a new paragraph (4) to read as follows: “(4) This subsection shall not apply after September 30, 2020.”. (2) A new subsection (a-1) is added to read as follows: “(a-1)(1) The District shall levy and collect a tax and a local transportation surcharge (“surcharge”) on motor vehicle fuels sold or otherwise disposed of by an importer or by a user, or used for commercial purposes. “(2) As of October 1, 2020: “(A) The rate of tax shall be $.235 per gallon; and “(B) The surcharge shall be $.053 per gallon; “(3) As of October 1, 2021, the surcharge shall be $.103 per gallon, increased annually, beginning with the fiscal year commencing on October 1, 2022, by the cost-of-living adjustment.”. (3) Subsection (c) is amended to read as follows: “(c) The Chief Financial Officer of the District of Columbia shall: “(1) Transfer annually to the District of Columbia Highway Trust Fund the proceeds of the taxes imposed under subsection (a) and (a-1) of this section; and “(2) Transfer to the Capital Improvements Program the revenue derived from the surcharge under subsection (a-1) to fund the renovation, repair, and maintenance of local transportation infrastructure.”. (b) Section 47-2302 is amended by adding a new paragraph (24) to read as follows: “(24)(A) “Cost-of-living adjustment” means the ratio of CPI for the preceding calendar year and the CPI for the base year. “(B) For the purposes of this paragraph, the term: ENROLLED ORIGINAL 127 “(i) "Base year" means the calendar year ending December 31, 2020. “(ii) "CPI" means the average of the Consumer Price Index for All Urban Consumers for the Washington-Arlington-Alexandria, DC-MD-VA-WV Metropolitan Statistical Area (or such successor metropolitan statistical area that includes the District) for the preceding calendar year.”. Sec. 7133. Section 102a of the Highway Trust Fund Establishment Act of 1996, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 9-111.01a), is amended by adding a new subsection (c) to read as follows: “(c) Revenue derived from the local transportation surcharge on motor vehicle fuels sold or otherwise disposed of by an importer or by a user, or used for commercial purposes, pursuant to D.C. Official Code § 47-2301(a-1), shall be transferred to the Capital Improvements Program to fund the renovation, repair, and maintenance of local transportation infrastructure.”. SUBTITLE L. NEW COMMUNITIES CLARIFICATION Sec. 7141. Short title. This subtitle may be cited as the “New Communities Bond Clarification Emergency Amendment Act of 2020”. Sec. 7142. Section 203(b) of the Housing Production Trust Fund Act of 1988, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 42-2812.03(b)), is amended to read as follows: “(b)(1) The bonds, which may be issued from time to time, in one or more series, shall be tax-exempt or taxable as the Mayor shall determine. “(2) The total amount of funds allocated annually from the Housing Production Trust Fund to pay debt service on the bonds shall not exceed $16 million.”. SUBTITLE M. QHTC TAX INCENTIVES MODIFICATION Sec. 7151. Short Title. This subtitle may be cited as the “QHTC Tax Incentives Modification Emergency Amendment Act of 2020”. Sec. 7152. Title 47 of the District of Columbia Official Code is amended as follows: (a) Section 47-1508(a)(10) is repealed. (b) Chapter 18 is amended as follows: (1) Section 47-1803.03(a)(18) is amended as follows: (A) Subparagraph (A) is amended by striking the phrase “the lesser of $25,000 (or $40,000 in the case of a Qualified High Technology Company (“QHTC”))” and inserting the phrase “the lesser of $25,000” in its place. ENROLLED ORIGINAL 128 (B) Subparagraph (B) is repealed. (2) Section 47-1817.01(5)(A)(ii) is amended by striking the number “2” and inserting the number “10” in its place. (3) Section 47-1817.02 is repealed. (4) Section 47-1817.03 is amended as follows: (A) Subsection (a) is amended by striking the phrase “imposed by § 47- 1817.06” and inserting the phrase “imposed by § 47-1807.02” in its place. (B) Subsection (a-1) is amended by striking the phrase “imposed by § 47- 1817.06” and inserting the phrase “imposed by § 47-1807.02” in its place. (5) Section 47-1817.04 is amended as follows: (A) Subsection (d) is amended by striking the figure “$20,000” and inserting the figure “$10,000” in its place. (B) Subsection (e) is repealed. (6) Section 47-1817.05(c) is repealed. (7) Section 47-1817.06 is repealed. (8) Section 47-1817.07 is repealed. (9) Section 47-1817.07a is amended by striking the phrase “For tax years beginning after December 31, 2018, notwithstanding” and inserting the phrase “For the tax year beginning after December 31, 2018 and ending before January 1, 2020, and for tax years beginning after December 31, 2024, notwithstanding” in its place. (10) Section 47-1818.06(3) is repealed. Sec. 7153. Applicability. This subtitle shall apply as of the effective date of this act except for Section 7152(a) which shall apply as of July 1, 2021. SUBTITLE N. ADAMS MORGAN BID Sec. 7161. Short title. This subtitle may be cited as the “Adams Morgan Business Improvement District Emergency Amendment Act of 2020”. Sec. 7162. Section 206(c) of the Business Improvement District Act of 1996, effective March 8, 2006 (D.C. Law 16-56; D.C. Official Code § 2-1215.56(c)), is amended to read as follows: “(c) The BID taxes for the taxable properties in the Adams Morgan BID shall not exceed $.21 for each $100 in assessed value for all taxable properties and all commercial portions of mixed use properties; provided, that any change in the BID taxes from the current tax year rates shall be made subject to the requirements of section 9.”. ENROLLED ORIGINAL 129 SUBTITLE O. SKYLAND TAX EXEMPTION Sec. 7171. This subtitle may be cited as the “Skyland Tax Exemption Emergency Amendment Act of 2020”. Sec. 7172. Section 302 of the District of Columbia Deed Recordation Tax Act, approved March 2, 1962 (76 Stat. 11; D.C. Official Code § 42-1102), is amended as follows: (a) Paragraph (34) is amended by striking the phrase “; and” and inserting a semicolon in its place. (b) Paragraph (35) is amended by striking the period at the end and inserting the phrase “; and” in its place. (c) A new paragraph (36) is added to read as follows: “(36)(A) Deeds conveying, vesting, granting, or assigning title to, an interest in, a security interest in, or an economic interest in the real property (and any improvements thereon) described as Square 5633, Lots 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 7000, 7009, and 7010 that are recorded between the applicability date of the Skyland Tax Exemption Emergency Amendment Act of 2020, passed on emergency basis on July 28, 2020 (Enrolled version of Bill 23-867) and December 31, 2020. “(B) The amount of all taxes, fees, and deposits exempted under this paragraph and D.C. Official Code § 47-902(28), shall not exceed, in the aggregate, $420,840.”. Sec. 7173. Section 47-902 of the District of Columbia Official Code is amended by adding a new paragraph (28) to read as follows: “(28)(A) Transfers with respect to the real property (and any improvements thereon) described as Square 5633, Lots 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813, 814, 815, 816, 817, 818, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 7000, 7009, and 7010, as evidenced by the recordation of a deed conveying title to the real property between the applicability date of the Skyland Tax Exemption Emergency Amendment Act of 2020, passed on emergency basis on July 28, 2020 (Enrolled version of Bill 23-867) and December 31, 2020. “(B) The amount of all taxes, fees, and deposits exempted under this paragraph and § 42-1102(36), shall not exceed, in the aggregate, $420,840.”. SUBTITLE P. COMBINED REPORTING TAX DEDUCTION DELAY Sec. 7181. Short title. This subtitle may be cited as the “Combined Reporting Tax Deduction Delay Emergency Amendment Act of 2020”. Sec. 7182. Section 47-1810.08(b) of the District of Columbia Official Code is amended as follows: ENROLLED ORIGINAL 130 (a) Paragraph (1) is amended by striking the phrase “beginning with the 10th year of the combined filing” and inserting the phrase “beginning with the 15th year of the combined filing” in its place. (b) Paragraph (2) is amended by striking the number “2015” and inserting the number “2020” in its place. SUBTITLE Q. ESTATE TAX ADJUSTMENT Sec. 7191. Short title. This subtitle may be cited as the “Estate Tax Adjustment Emergency Amendment Act of 2020”. Sec. 7192. Section 47-3701 of the District of Columbia Official Code is amended as follows: (a) Paragraph (4) is amended as follows: (1) Subparagraph (E) is amended by striking the phrase “dying after December 31, 2017” and inserting the phrase “whose death occurs after December 31, 2017, but before January 1, 2021” in its place. (2) A new subparagraph (F) is added to read as follows: “(F) For a decedent whose death occurs after December 31, 2020: “(i) The maximum amount of credit for state death taxes allowed by section 2011 of the Internal Revenue Code; “(ii) The amount of the unified credit shall be $1,545,800, increased annually, beginning with the year commencing on January 1, 2022, by the cost-of- living adjustment; and “(iii) An estate tax return shall not be required to be filed if the decedent’s gross estate does not exceed the applicable zero bracket amount.”. (b) Paragraph (14) is amended as follows: (1) Subparagraph (B) is amended by striking the phrase “; or” and inserting a semicolon in its place. (2) Subparagraph (C) is amended as follows: (A) Strike the phrase “after December 31, 2017” and insert the phrase “after December 31, 2017, but before January 1, 2021” in its place. (B) Strike the period at the end and insert the phrase “; or” in its place. (3) A new subparagraph (D) is added to read as follows: “(D) For a decedent whose death occurs after December 31, 2020, $4 million, increased annually, beginning with the year commencing on January 1, 2022, by the cost-of-living adjustment.”. ENROLLED ORIGINAL 131 SUBTITLE R. DISTRICT OF COLUMBIA LOW-INCOME HOUSING TAX CREDIT CLARIFICATION Sec. 7201. Short title. This subtitle may be cited as the “District of Columbia Low-Income Housing Tax Credit Clarification Emergency Amendment Act of 2020”. Sec. 7202. Chapter 48 of Title 47 of the District of Columbia Official Code is amended as follows: (a) The table of contents is amended by striking the phrase “47-4806. Transfer, sale, or assignment” and inserting the phrase “47-4806. Transfer, sale, assignment, or allocation” in its place. (b) Section 47-4801 is amended as follows: (1) A new paragraph (1A) is added to read as follows: “(1A) “Commissioner” means the Commissioner of the Department of Insurance, Securities, and Banking.”. (2) Paragraph (3) is amended by striking the phrase “cause the construction of affordable housing” and inserting the phrase “cause the acquisition, rehabilitation, or construction of affordable housing” in its place. (3) Paragraph (6) is amended by striking the phrase ““Low-Income Housing Tax Credit Program” means the program authorized by section 42 of the Internal Revenue Code of 1986” and inserting the phrase ““Federal low-income housing tax credit” means a tax credit claimed pursuant to section 42 of the Internal Revenue Code of 1986” in its place. (4) Paragraph (7) is repealed. (5) Paragraph (8) is amended by striking the phrase “a rental housing development that receives an allocation of federal Low-Income Housing Tax Credits from the Department” and inserting the phrase “a rental housing development in the District that receives an allocation of federal low-income housing tax credits under section 42(h)(1) or (4) of the 1986 Internal Revenue Code (26 U.S.C. § 42(h)(1) or (4)) after October 1, 2021, and receives an executed extended low-income housing commitment pursuant to section 42(h)(6)(B) of the 1986 Internal Revenue Code (26 U.S.C. § 42(h)(6)(B)) from the Department dated on or after October 1, 2021”. (c) Section 47-4802 is amended as follows: (1) Subsection (a) is amended to read as follows: “(a) There is established a District of Columbia low-income housing tax credit.”. (2) Subsection (b) is repealed. (3) Subsection (c) is repealed. (4) Subsection (d) is amended by striking the phrase “tax credit award” and inserting the phrase “tax credit” in its place. (d) Section 47-4803 is amended as follows: (1) Subsection (a) is amended to read as follow: ENROLLED ORIGINAL 132 “(a) An owner of a qualified project may receive a District of Columbia low-income housing tax credit with respect to that qualified project in an amount equal to 25% of the value of the federal low-income housing tax credit received with respect to the qualified project.”. (2) Subsection (b) is amended to read as follows: “(b)(1) If the owner of a qualified project transfers, sells, or assigns a District of Columbia low-income housing tax credit to another taxpayer, pursuant to § 47-4806, the District of Columbia low-income housing tax credit shall not be taken, pursuant to subsection (c) of this section, against taxes imposed under this title unless the owner has filed with the Department, in a form determined by the Department, an affidavit certifying that: “(A) The owner of the qualified project received, as consideration for transferring, selling, or assigning the District of Columbia low-income housing tax credit, at least 80% of the per dollar sale price for a federal low-income housing tax credit associated with the qualified project that the owner has transferred, sold, or assigned; and “(B) The value received by the owner of the qualified project was used to ensure financial feasibility of the qualified project. “(2) The Department shall deliver to the Chief Financial Officer and the Commissioner an annual report certifying the ongoing eligibility of an eligible project to receive federal low-income housing tax credits.”. (3) Subsection (c) is amended to read as follows: “(c)(1) The District of Columbia low-income housing tax credit may be claimed against taxes imposed under Chapter 18 of this title or § 47-2608(a)(1). “(2) The District of Columbia low-income housing tax credit may be claimed equally for 10 years, subtracted from the tax otherwise due for each taxable period and shall not be refundable; provided, that the credit may not be taken against any tax that is dedicated in whole or in part to the Healthy DC and Heath Care Expansion Fund established by § 31- 3514.02.”. “(3) If the District of Columbia low-income housing tax credit is claimed against taxes imposed under Chapter 18 of this title, any amount of the low-income housing tax credit that exceeds the tax due for a taxable year may be carried forward to any of the 10 remaining subsequent taxable years for taxes imposed under Chapter 18 of this title. If the District of Columbia low-income housing tax credit is claimed against taxes imposed under § 47- 2608(a)(1), any amount of the credit that exceeds the tax due for a taxable year may be carried forward to any of the 10 remaining subsequent taxable years for taxes imposed under § 47- 2608(a)(1).”. (4) Subsection (d)(1) is amended by striking the phrase “allocated to parties who are eligible under the provisions of subsection (a) of this section” and inserting the phrase “transferred, sold, assigned, or allocated to parties who are eligible pursuant to Chapter 48 of Title 47 of the District of Columbia Official Code” in its place. (5) Subsection (e) is amended as follows: ENROLLED ORIGINAL 133 (A) The lead-in language is amended by striking the phrase “submitted to the Chief Financial Officer as provided in this section” and inserting the phrase “submitted to the Chief Financial Officer and the Commissioner as provided in this section” in its place. (B) Paragraph (2) is amended by striking the phrase “each taxpayer subject to the recapture” and inserting the phrase “each transferee, purchaser, assignee, or party to whom a credit is allocated” in its place. (C) Paragraph (3) is amended by striking the phrase “allocated to such taxpayer” and inserting the phrase “allocated to such transferee, purchaser, assignee, or party to whom a credit is allocated” in its place. (6) Subsection (f)(1) is amended by striking the phrase “A tax credit allowed under this section shall not be denied to the taxpayer with respect to any qualified project” and inserting the phrase “A District of Columbia low-income housing tax credit allowed under this section shall not be denied with respect to any qualified project” in its place. (e) Section 47-4804 is amended as follows: (1) Subsection (a) is amended to read as follows: “(a) The owner of a qualified project eligible for the District of Columbia low-income housing tax credit shall submit a copy of the eligibility statement issued by the Department with respect to the qualified project at the time of filing the return required to be filed by the owner pursuant to § 47-1805.02. In the case of failure to attach the eligibility statement, a credit under this section shall not be allowed with respect to such qualified project for that year until the copy is provided to the Chief Financial Officer and the Commissioner.”. (2) Subsection (b) is amended by striking the phrase “such qualified District of Columbia project shall also be recaptured” and inserting the phrase “such qualified District of Columbia project shall also be recaptured by the Office of Chief Financial Officer or Commissioner of Insurance, Securities, and Banking” in its place. (f) Section 47-4805 is amended by striking the phrase “The Chief Financial Officer or the Department may require” and inserting the phrase “The Chief Financial Officer, the Commissioner, or the Department may require” in its place. (g) Section 47-4806 is amended as follows: (1) The section heading is amended by striking the phrase “Transfer, sale, or assignment” and inserting the phrase “Transfer, sale, assignment, or allocation” in its place. (2) Subsection (a) is amended as follows: (A) The existing language is redesignated as paragraph (1) and amended to read as follows: “(1) All or any portion of credits issued in accordance with the provisions of this section may be transferred, sold, or assigned to another taxpayer. There is no limit on the total number of transactions for the transfer, sale, or assignment of all or part of the total credit authorized under this section. Collectively, all transfers, sales, assignments, and allocations pursuant to paragraph (2) of this subsection are subject to the maximum credit allowable to a particular qualified project.”. ENROLLED ORIGINAL 134 (B) A new paragraph (2) is added to read as follows: “(2) A tax credit earned or purchased by, or transferred or assigned to, a partnership, limited liability company, S corporation, or other pass-through entity may be allocated to the partners, members, or shareholders of that entity in accordance with the provisions of any agreement among the partners, members, or shareholders and without regarding to the ownership interest of the partners, members, or shareholders in the qualified project. A partner, member, or shareholder to whom a tax credit is allocated may further allocate all or part of the allocated credit as provided in this subsection or may transfer, sell, or assign the allocated credit as provided in paragraph (1) of this subsection. There is no limit on the total number of allocations of all or part of the total credit authorized under this section; however, collectively, all transfers, sales, assignments, and allocations, made pursuant to this subsection, are subject to the maximum credit allowable to a particular qualified project.”. (3) Subsection (b) is amended to read as follows: “(b) An owner, transferee, purchaser, assignee, or taxpayer to whom a tax credit is allocated pursuant to subsection (a)(2) of this section, desiring to make a transfer, sale, assignment, or allocation pursuant to subsection (a)(2) of this section, shall submit to the Chief Financial Officer and the Commissioner a statement that describes the amount of District of Columbia low-income housing tax credit for which such transfer, sale, assignment, or allocation of District of Columbia low-income housing tax credit is eligible. The owner, transferor, seller, assignor, or taxpayer who is allocating, pursuant to subsection (a)(2) of this section, the tax credit, as applicable, shall provide to the Chief Financial Officer and the Commissioner appropriate information so that the low-income housing tax credit can be properly allocated.”. (4) Subsection (c)(3) is amended to read as follows: “(3) Amount of credit previously transferred, sold, assigned, or allocated to such transferee, purchaser, assignee, or taxpayer to whom a credit is allocated.”. (h) Section 47-4807 is amended as follows: (1) Subsection (a) is amended by striking the phrase “The Department, in consultation with the Chief Financial Officer, shall monitor” and inserting the phrase “The Department, in consultation with the Chief Financial Officer and the Commissioner, shall monitor” in its place. (2) Subsection (b) is amended by striking the phrase “The Department or the Chief Financial Officer shall report” and inserting the phrase “The Department, the Chief Financial Officer, or the Commissioner shall report” in its place. SUBTITLE S. EXCLUDED WORKERS Sec. 7211. Short title. This subtitle may be cited as the “Excluded Workers Emergency Amendment Act of 2020”. Sec. 7212. Assistance for excluded workers. ENROLLED ORIGINAL 135 The Washington Convention Center Authority Act of 1994, effective September 28, 1994 (D.C. Law 10-188; D.C. Official Code § 10-1201.01 et seq.), is amended by adding a new section 203a to read as follows: “Sec. 203a. Assistance for excluded workers. “(a) During the public health emergency declared in the Mayor’s order dated March 11, 2020 and any extensions thereof, the Washington Convention and Sports Authority shall issue, subject to the availability of funds, grants or contracts to nonprofit entities to use to provide cash assistance to District residents who are otherwise excluded from District and federal aid related to COVID-19. To qualify for cash assistance from grants or contracts awarded pursuant to this section, a District resident shall: “(1)(A) Be ineligible for unemployment insurance or federal COVID-19 relief; and “(B) Be ineligible for TANF or other government cash assistance programs not related to the COVID-19 pandemic; or “(2) Be a returning citizen, as defined by section 2(5) of the Office on Ex- Offender Affairs and Commission on Re-Entry and Ex-Offender Affairs Establishment Act of 2006, effective March 8, 2007 (D.C. Law 16-243; D.C. Official Code § 24-1301(5)), who would not otherwise qualify under paragraph (1) of this subsection and whose incarceration ended not more than 6 months before receiving assistance. “(b) Any entity receiving a grant or contract pursuant to this section may use no more than 10% of the grant for administrative expenses incurred from administering the cash assistance program. “(c) Cash assistance provided to eligible individuals pursuant to this section shall not be considered in determining eligibility for any means-tested programs administered by the District. “(d) For the purposes of this section the term: “(1) “COVID-19” means the disease caused by the novel coronavirus SARS- CoV-2. “(2) COVID-19 relief” means federal monetary assistance, including tax credits, provided under the Coronavirus Aid, Relief, and Economic Security Act, approved March 27, 2020 (134 Stat. 281; 15 U.S.C. § 9001 et seq.).”. Sec. 7213. Non-taxability. Section 47-1803.02(a)(2) of the District of Columbia Official Code is amended to add a new subparagraph (JJ) to read as follows: “(JJ) Cash assistance for excluded workers given pursuant to grants awarded by the Washington Convention and Sports Authority in 2020.”. Sec. 7214. Applicability. This subtitle shall apply as of the effective date of this act. ENROLLED ORIGINAL 136 TITLE VIII. SPECIAL PURPOSE AND DEDICATED REVENUE FUNDS Sec. 8001. Short title. This subtitle may be cited as the “Designated Fund Transfer Emergency Act of 2020”. Sec. 8002. (a) Notwithstanding any provision of law limiting the use of funds in the accounts listed in the following chart, the Chief Financial Officer shall transfer in Fiscal Year 2021 and in each fiscal year through Fiscal Year 2024 the following recurring amounts from certified fund balances and other revenue in the identified accounts to the unassigned fund balance of the General Fund of the District of Columbia: Agency Code Agency Fund Detail Fund Name FY 2021 -2024 CR0 DCRA 6013 Basic Business License Fund 6,000 CR0 DCRA 6040 Corporate Recordation Fund 12,500 HA0 DPR 0602 Enterprise Fund Account 150,000 HC0 DOH 0605 SHPDA Fees 4,000 HC0 DOH 0632 Pharmacy Protection 5,393 HC0 DOH 0633 Radiation Protection 3,500 HC0 DOH 0643 Board of Medicine 145,493 HC0 DOH 0656 EMS Fees 5,250 KG0 DOEE 0646 Stormwater Fees 2,000 KG0 DOEE 0662 Renewable Energy Development Fund 30,000 KG0 DOEE 6700 Sustainable Energy Trust Fund 40,000 LQ0 ABRA 6017 ABC - Import and Class License Fees 245,368 PO0 OCP 4010 DC Surplus Personal Property Sales Operation 10,000 SR0 DISB 2100 HMO Assessment 17,763 SR0 DISB 2200 Insurance Assessment 120,790 SR0 DISB 2350 Securities and Banking Fund 370,403 SR0 DISB 2800 Captive Insurance 82,741 TC0 DFHV 2400 Public Vehicles for Hire 21,000 Total 1,272,201 (b) The amounts identified in subsection (a) of this section shall be made available as set forth in the approved Fiscal Year 2021 Budget and Financial Plan. ENROLLED ORIGINAL 137 TITLE IX. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE Sec. 9001. Applicability. Except as otherwise provided, this act shall apply as of October 1, 2020. Sec. 9002. Fiscal impact statement. The Council adopts the fiscal impact statement of the Chief Financial Officer 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. 9003. 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)). ______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia