District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0039 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	1
3	3	1
4	4	Councilmember Anita Bonds Councilmember Robert C. White, Jr. 2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	Councilmember Brooke Pinto Councilmember Brianne K. Nadeau 7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	Councilmember Christina Henderson Councilmember Janeese Lewis George 12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	Councilmember Zachery Parker 17
20	20	18
21	21	19
22	22	20
23	23	A BILL 21
24	24	__________ 22
25	25	23
26	26	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 24
27	27	____________________ 25
28	28	26
29	29	To recodify certain real property surplus and disposition provisions currently found in An Act 27
30	30	Authorizing the sale of certain real estate in the District of Columbia, with modifications 28
31	31	to ensure more robust analysis prior to the surplus of District land, to generate more 29
32	32	meaningful community engagement in real property surplus and disposition decisions, to 30
33	33	bifurcate Council consideration of surplus determinations from disposition proposals, to 31
34	34	increase affordable housing requirements in the event of property disposition for housing 32
35	35	development, and to reorder and otherwise improve the readability of existing provisions; 33
36	36	to establish an Office of the Public Lands Ombudsperson responsible for assisting the 34
37	37	public with understanding and participating in public land surplus and disposition 35
38	38	procedures; and to make conforming amendments and provide for the orderly 36
39	39	discontinuation of the existing procedures established under Act Authorizing the sale of 37
40	40	certain real estate in the District of Columbia. 38
41	41	39
42	42	TABLE OF CONTENTS 40
43	43	41
44	44	TITLE I. REAL PROPERTY SURPLUS AND DISPOSITION PROCEDURES. ....................... 2 42
45	45	Sec. 101. Definitions. ...................................................................................................................... 2 43
46	46	Sec. 102. Authorization and general procedure to dispose of District real property. ..................... 5 44
47	47	Sec. 103. Online access to surplus and disposition information. .................................................... 7 45
48	48	Sec. 104. Initial surplus analysis. .................................................................................................... 8 46
49	49	2
50	50	Sec. 105. Public surplus hearing. .................................................................................................... 9 47
51	51	Sec. 106. Surplus resolution. ......................................................................................................... 11 48
52	52	Sec. 107. Public disposition hearing; negotiation of disposition. ................................................. 12 49
53	53	Sec. 108. Housing affordability and other substantive requirements for dispositions. ................. 13 50
54	54	Sec. 109. Disposition resolution. .................................................................................................. 17 51
55	55	Sec. 110. Reports. ......................................................................................................................... 23 52
56	56	TITLE II. PUBLIC LANDS OMBUDSPERSON. ....................................................................... 23 53
57	57	Sec. 201. Definitions. .................................................................................................................... 23 54
58	58	Sec. 202. Office of the Public Lands Ombudsperson; establishment; term. ................................. 24 55
59	59	Sec. 203. Qualifications. ............................................................................................................... 25 56
60	60	Sec. 204. Duties. ........................................................................................................................... 26 57
61	61	Sec. 205. Powers. .......................................................................................................................... 27 58
62	62	Sec. 206. Reporting. ...................................................................................................................... 28 59
63	63	Sec. 207. Budgeting. ..................................................................................................................... 28 60
64	64	TITLE III. TRANSITIONAL AND CONFORMING AMENDMENTS. ................................... 29 61
65	65	Sec. 301. Conforming amendments to existing surplus and disposition procedures. ................... 29 62
66	66	Sec. 303. Conforming amendments regarding racial equity analyses. ......................................... 30 63
67	67	Sec. 302. Conforming amendments to cross-references. .............................................................. 30 64
68	68	TITLE IV. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE. ................................... 32 65
69	69	Sec. 401. Applicability. ................................................................................................................. 32 66
70	70	Sec. 402. Fiscal impact statement. ................................................................................................ 32 67
71	71	Sec. 403. Effective date. ............................................................................................................... 32 68
72	72	69
73	73	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 70
74	74	act may be cited as the “Common Ground Amendment Act of 2023”. 71
75	75	TITLE I. REAL PROPERTY SURPLUS AND DISPOSITION PROCEDURES. 72
76	76	Sec. 101. Definitions. 73
77	77	For the purposes of this title, the term: 74
78	78	(1) “Acquirer” means a person to whom the Mayor seeks to dispose or has 75
79	79	disposed of real property pursuant to this title, or an acquirer’s successor in interest in such real 76
80	80	property as applicable. 77
81	81	(2) “Affordable” shall have the meaning set forth in section 108(b)(1). 78
82	82	(3) “Area median income” means: 79
83	83	(A) For a household of 4 persons, the area median income in the 80
84	84	Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the 81
85	85	3
86	86	United States Department of Housing and Urban Development; 82
87	87	(B) For a household of 3 persons, 90% of the area median income for a 83
88	88	household of 4 persons; 84
89	89	(C) For a household of 2 persons, 80% of the area median income for a 85
90	90	household of 4 persons; 86
91	91	(D) For a household of one person, 70% of the area median income for a 87
92	92	household of 4 persons; and 88
93	93	(E) For a household of more than 4 persons, the area median income for a 89
94	94	household of 4 persons, increased by 10% of the area median income for a household of 4 90
95	95	persons for each household member exceeding 4 persons. 91
96	96	(4) “Chief Equity Officer” means the head of the Office of Racial Equity 92
97	97	appointed pursuant to section 102(b) of the Racial Equity Achieves Results (REACH) 93
98	98	Amendment Act of 2020, effective March 16, 2021 (D.C. Law 23-181; D.C. Official Code § 2-94
99	99	1471.02(b)(1)). 95
100	100	(5) “Comprehensive Plan Area Element” means, with respect to real property, the 96
101	101	one or more geographic area chapters of section 3 of the District of Columbia Comprehensive 97
102	102	Plan Act of 1984, effective April 10, 1984 (D.C. Law 5-76; 10-A DCMR § 1500.1 et seq. to 10-98
103	103	A DCMR § 2500.1 et seq.), or planning elements of similar scope in a more recently adopted 99
104	104	Comprehensive Plan, that fully cover the real property. 100
105	105	(6) “Green space” means an area of grass, trees, or other vegetation that is located 101
106	106	on real property and accessible to the public. 102
107	107	(7) “Highest and best use” means the reasonably probable and legal use that is 103
108	108	physically possible, appropriately supported, and financially feasible, and that results in the 104
109	109	4
110	110	highest value of real property. 105
111	111	(8) “Housing costs” means: 106
112	112	(A) In the case of rental units, rent and utilities. 107
113	113	(B) In the case of ownership units, mortgage payments, including 108
114	114	principal, interest, and property insurance, taxes, homeowner association, condominium, or 109
115	115	cooperative fees, and utilities. 110
116	116	(9) “Key nonpublic uses” means: 111
117	117	(A) Child care facility development; 112
118	118	(B) Conveyance to a community land trust; 113
119	119	(C) Health care facility development; 114
120	120	(D) Housing development; and 115
121	121	(E) Nonresidential commercial development. 116
122	122	(10) “Key public amenities” include District-owned or -operated: 117
123	123	(A) Fire stations; 118
124	124	(B) Municipal offices; 119
125	125	(C) Parks; 120
126	126	(D) Police stations; 121
127	127	(E) Public housing or social housing; 122
128	128	(F) Public schools; 123
129	129	(G) Recreation centers; 124
130	130	(H) Shelters; and 125
131	131	(I) Transit stations and buildings. 126
132	132	(11) “Low-income household” means a household consisting of one or more 127
133	133	5
134	134	persons with a total household income that is more than 30% and less than or equal to 50% of the 128
135	135	area median income. 129
136	136	(12) “Moderate-income household” means a household consisting of one or more 130
137	137	persons with total household income more than 50% and less than or equal to 80% of the area 131
138	138	median income. 132
139	139	(13) “Ombudsperson” shall have the same meaning as provided in section 201(5) 133
140	140	of this act. 134
141	141	(14) “Project page” means an online collection of property-specific documents 135
142	142	established pursuant to section 104(a) of this act and maintained according to section 103 of this 136
143	143	act. 137
144	144	(15) “Real property” means land titled in the name of the District or in which the 138
145	145	District has a controlling interest and includes all structures of a permanent character erected 139
146	146	thereon or affixed thereto, any natural resources located thereon or thereunder, all riparian rights 140
147	147	attached thereto, or any air space located above or below the property or any street or alley under 141
148	148	the jurisdiction of the Mayor. 142
149	149	(16) “Surplusing agency” means the Office of Planning established pursuant to 143
150	150	Mayor’s Order 83-25, effective January 3, 1983, or a successor agency with similar 144
151	151	responsibilities established after the effective date of this title. 145
152	152	(17) “Very low-income household” means a household consisting of one or more 146
153	153	persons with total household income less than or equal to 30% of the area median income. 147
154	154	Sec. 102. Authorization and general procedure to dispose of District real property. 148
155	155	(a) The requirements of this title shall apply to any disposition of real property owned in 149
156	156	fee simple now or hereafter by the District, including any sale, lease for greater than 15 years 150
157	157	6
158	158	(including options), or exchange, that is signed into effect after October 1, 2025, except for: 151
159	159	(1) Real property disposed of pursuant to section 6(c) of the District of Columbia 152
160	160	Community Development Act of 1975, effective December 16, 1975 (D.C. Law 1-39; D.C. 153
161	161	Official Code § 6-1005(c)); 154
162	162	(2) Real property acquired under section 432 of the Abatement and Condemnation 155
163	163	of Nuisance Properties Omnibus Amendment Act of 2000, effective April 19, 2002 (D.C. Law 156
164	164	14-114; D.C. Official Code § 42-3171.02); or 157
165	165	(3) Real property acquired by the District or an instrumentality of the District (or 158
166	166	a subsidiary thereof) under D.C. Official Code § 47-1353(a)(3). 159
167	167	(b) Before the Mayor may sign into effect a disposition of real property subject to this 160
168	168	title, the following must occur in the order listed: 161
169	169	(1) The initial surplus analysis requirements set forth in section 104 are satisfied 162
170	170	by the surplusing agency; 163
171	171	(2) The public surplus hearing requirements set forth in section 105 are satisfied 164
172	172	by the surplusing agency; 165
173	173	(3) A surplus resolution finding that the real property is no longer required for any 166
174	174	public purpose is filed by the Mayor and approved by the Council in accordance with section 167
175	175	106; 168
176	176	(4) The public disposition hearing requirements set forth in section 107 are 169
177	177	satisfied; 170
178	178	(5) The Mayor develops a disposition proposal that satisfies the substantive 171
179	179	requirements of section 108; and 172
180	180	(6) A disposition resolution approving the proposed disposition of the real 173
181	181	7
182	182	property is filed by the Mayor and approved by the Council in accordance with section 109. 174
183	183	(c) For real property that the Mayor believes, after input from affected communities, to be 175
184	184	no longer needed by the District of Columbia Public Schools, the Mayor shall submit to the 176
185	185	Council a report on whether the Mayor intends to dispose of the real property to a public charter 177
186	186	school under An Act Making appropriations for the Departments of Commerce, Justice, and 178
187	187	State, the Judiciary, and related agencies for the fiscal year ending September 30, 1996, and for 179
188	188	other purposes, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code § 38-1802.09, or 180
189	189	for use by another agency of the District government. The report shall be submitted to the 181
190	190	Council by the Mayor within 90 days of the determination that the real property is no longer 182
191	191	needed by the District of Columbia Public Schools. If the report is not submitted by the Mayor to 183
192	192	the Council within the 90-day period, the Mayor shall dispose of the real property in accordance 184
193	193	with the provisions of this subchapter and shall transmit to the Council the proposed surplus 185
194	194	resolution required by section 106 within 180 days of the Mayor’s determination. 186
195	195	(d) Nothing in this title shall be interpreted to give any party any additional right of action 187
196	196	against the District government or any private party unless otherwise specified. 188
197	197	(e)(1) The Mayor is authorized to execute proper deeds for the conveyance of real estate 189
198	198	sold under the provisions of this subchapter, which shall contain a full description of the land 190
199	199	sold, either by metes and bounds, or otherwise, according to law. 191
200	200	(2) The Mayor is authorized to pay the reasonable and necessary expenses of sale 192
201	201	of each parcel of land sold and shall deposit the net proceeds of the sale in the District Treasury. 193
202	202	Sec. 103. Online access to surplus and disposition information. 194
203	203	(a) The Mayor shall establish and maintain a publicly accessible website regarding real 195
204	204	property surplus and disposition projects, including a project page for each property subject to a 196
205	205	8
206	206	pending surplus or disposition analysis. 197
207	207	(b) In addition to project pages, the website shall include general information regarding 198
208	208	District-owned real property, key public amenities, the procedures established by this title, and 199
209	209	the Ombudsperson. 200
210	210	(c) Each project page shall allow members of the public to submit comments and 201
211	211	questions. 202
212	212	(d) Each project page shall allow members of the public to sign up to receive email alerts 203
213	213	regarding events relevant to the project, including any hearings and ANC presentations held 204
214	214	pursuant to this title. 205
215	215	Sec. 104. Initial surplus analysis. 206
216	216	(a) If the Mayor seeks to determine whether real property is no longer required for public 207
217	217	purposes, then the Mayor shall establish a project page for the real property, and the surplusing 208
218	218	agency shall prepare and post to the project page an initial surplus analysis demonstrating the 209
219	219	anticipated benefits and drawbacks of declaring the real property surplus. 210
220	220	(b) The initial surplus analysis shall include at least the following components: 211
221	221	(1) A description of the District’s current needs for real property; 212
222	222	(2) A map showing all key public amenities within ½ mile of the real property; 213
223	223	(3) An analysis of how the availability of key public amenities and affordable 214
224	224	housing within ½ mile of the real property compares to their availability across the entire 215
225	225	District, including: 216
226	226	(A) The total number of each type of key public amenity within ½ mile of 217
227	227	the real property; 218
228	228	(B) An estimate of the number of District residents living within ½ mile of 219
229	229	9
230	230	the real property; 220
231	231	(C) Estimates of the ratio of District residents to each type of key public 221
232	232	amenity within ½ mile of the real property and across the entire District; 222
233	233	(D) Estimates of the numbers of housing units within ½ mile of the real 223
234	234	property that are affordable for moderate-income, low-income, and very low-income households, 224
235	235	broken down by affordability level, number of bedrooms, and public or private ownership; and 225
236	236	(E) Estimates of the ratio District residents to each unit type listed in 226
237	237	subparagraph (D) within ½ mile of the real property and across the entire District; 227
238	238	(4) A description of each public use for the real property considered by the 228
239	239	Mayor, including each key public amenity, and an explanation as to why the real property may 229
240	240	not be needed or suited for such use; and 230
241	241	(5) The square footage of green space on the real property. 231
242	242	Sec. 105. Public surplus hearing. 232
243	243	(a) If after preparation and posting of an initial surplus analysis pursuant to section 104 233
244	244	the Mayor believes that the real property may no longer be required for public purposes, then the 234
245	245	surplusing agency shall complete the following steps before holding a public surplus hearing 235
246	246	pursuant to subsection (c): 236
247	247	(1) At least 60 days before the hearing, provide written notice to the Advisory 237
248	248	Neighborhood Commission with jurisdiction over the real property and to the Ombudsperson, 238
249	249	and post a notice of the hearing to the project page; 239
250	250	(2) At least 30 days before the hearing, post written notice at the real property and 240
251	251	at the nearest public library; and 241
252	252	(3) At least 15 days before the hearing, place a notice in the District of Columbia 242
253	253	10
254	254	Register. 243
255	255	(b) Where feasible under the circumstances, the surplusing agency shall also publicize the 244
256	256	hearing through additional methods such as placing posters or distributing flyers with 245
257	257	information regarding the hearing at food stores, beauty salons, places of worship, or other 246
258	258	community gathering places near the real property. 247
259	259	(c) The surplusing agency shall hold at least one public surplus hearing to obtain 248
260	260	community input on potential public uses of the real property to inform the Mayor’s 249
261	261	determination whether the real property is no longer required for public purposes. 250
262	262	(1) The hearing shall be held at an accessible evening or weekend time and in an 251
263	263	accessible location near the real property. 252
264	264	(2) At the hearing: 253
265	265	(A) The surplusing agency shall present an overview of the 254
266	266	Comprehensive Plan Area Element in which the real property is located, the initial surplus 255
267	267	analysis prepared pursuant to section 104, and any comments and questions submitted via the 256
268	268	project page prior to the hearing; 257
269	269	(B) The surplusing agency shall invite participants to offer comments on 258
270	270	the contemplated determination that the real property is no longer required for public purposes 259
271	271	and shall endeavor to answer participants’ questions during the hearing; and 260
272	272	(C) The Ombudsperson may offer comments on the proposed surplus 261
273	273	determination. 262
274	274	(d) Within 15 days after the hearing, the Mayor shall post to the project page a verbatim 263
275	275	written transcript of the hearing. 264
276	276	(e) Within 45 days after the hearing, the Mayor shall prepare, post to the project page, 265
277	277	11
278	278	and transmit to the ANC with jurisdiction over the real property a written transcript of the 266
279	279	hearing that is annotated with any additional responses to comments or questions that the Mayor 267
280	280	wishes to provide. 268
281	281	Sec. 106. Surplus resolution. 269
282	282	(a) Before filing a proposed surplus resolution pursuant to this section, the Mayor shall 270
283	283	make a reasonable effort to schedule a presentation at a meeting of the ANC with jurisdiction 271
284	284	over the real property regarding the contemplated determination that the real property is no 272
285	285	longer required for public purposes. 273
286	286	(b) If after completion of the public surplus hearing procedures required by section 105 274
287	287	the Mayor believes that real property is no longer required for public purposes, then the Mayor 275
288	288	shall submit to the Council a proposed surplus resolution which includes a finding that the real 276
289	289	property is no longer required for public purposes. 277
290	290	(c) In the proposed surplus resolution submitted to the Council, the Mayor shall also 278
291	291	provide a description of the real property. 279
292	292	(d) The proposed surplus resolution shall be accompanied by: 280
293	293	(1) The materials prepared pursuant to section 104(b) and the annotated transcript 281
294	294	prepared pursuant to section 105(e), with any updates that the Mayor wishes to make; 282
295	295	(2) A statement from the Chief Equity Officer regarding any anticipated positive 283
296	296	or negative effects of the proposed surplus declaration on racial equity in the District; and 284
297	297	(3) A detailed explanation as to why the Mayor believes that the real property is 285
298	298	no longer required for public purposes, and why a determination that the real property is no 286
299	299	longer required for public purposes is in the best interests of the District. 287
300	300	(d) The Mayor shall post to the project page any new or updated materials submitted to 288
301	301	12
302	302	the Council pursuant to this section. 289
303	303	(e) The proposed resolution shall be submitted to the Council for a 90-day period of 290
304	304	review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council 291
305	305	does not approve or disapprove the proposed resolution within the 90-day period, the proposed 292
306	306	resolution shall be deemed disapproved. 293
307	307	Sec. 107. Public disposition hearing; negotiation of disposition. 294
308	308	(a) After the Council has declared that real property is no longer required for public 295
309	309	purposes pursuant to section 106, the Mayor must complete the actions described in subsections 296
310	310	(b) through (f) of this section, in order, before the Mayor may solicit developer proposals or 297
311	311	otherwise proceed to negotiate the disposition of the real property. 298
312	312	(b) The Mayor must prepare and post to the project page an initial disposition analysis of 299
313	313	the real property, including at least the following elements: 300
314	314	(1) An assessment of whether the real property is suitable for each key nonpublic 301
315	315	use and whether using the real property for such use would be in the District’s best interest, alone 302
316	316	or in combination with other uses; and 303
317	317	(2) A description of any other uses of the real property that the Mayor believes 304
318	318	may be in the District’s best interest and the basis for that belief. 305
319	319	(c) The Mayor must publicize in advance any public disposition hearing to be held 306
320	320	pursuant to subsection (d), in the same manner as set forth in section 105(a)(1)-(3). Where 307
321	321	feasible under the circumstances, the Mayor must also publicize the hearing as described in 308
322	322	section 105(b). 309
323	323	(d) The Mayor must hold at least one public disposition hearing to obtain community 310
324	324	input on potential nonpublic uses of the real property. 311
325	325	13
326	326	(1) The hearing shall be held at an accessible evening or weekend time and in an 312
327	327	accessible location near the real property. 313
328	328	(2) At the hearing: 314
329	329	(A) The Mayor shall present an overview of the process to date, including 315
330	330	the Council’s finding that the real property is no longer required for public purposes, the initial 316
331	331	disposition analysis prepared pursuant to paragraph (a), and any comments and questions 317
332	332	submitted via the project page regarding possible nonpublic uses of the real property; 318
333	333	(B) The Mayor shall invite participants to offer comments on possible nonpublic 319
334	334	uses of the real property and shall endeavor to answer participants’ questions during the hearing; 320
335	335	and 321
336	336	(C) The Ombudsperson may offer comments on the initial disposition analysis. 322
337	337	(e) Within 15 days after the hearing, the Mayor must post to the project page a verbatim 323
338	338	written transcript of the hearing. 324
339	339	(f) Within 45 days after the hearing, the Mayor must transmit the following to the ANC 325
340	340	with jurisdiction over the real property: 326
341	341	(1) A notice that the Mayor is considering pursuing a disposition of the real 327
342	342	property and that the ANC is encouraged to comment on possible nonpublic uses in the best 328
343	343	interest of the District; 329
344	344	(2) A written transcript of the hearing that is annotated with any additional 330
345	345	responses to comments or questions that the Mayor wishes to provide; and 331
346	346	(3) A description of any specific types of nonpublic use of the real property that 332
347	347	the Mayor is considering at the time of the notice. 333
348	348	Sec. 108. Housing affordability and other substantive requirements for dispositions. 334
349	349	14
350	350	(a) The Mayor shall attempt to conform real property dispositions to uses with direct 335
351	351	public benefits as described in a specific government plan adopted by the Mayor or Council, 336
352	352	including the Community Development Plan, the Comprehensive Plan, the Strategic 337
353	353	Neighborhood Area Plan, or the Comprehensive Housing Strategy Plan. 338
354	354	(b)(1) For the purposes of this title, a unit of housing shall be considered affordable for a 339
355	355	moderate-income, low-income, or very low-income household residing in the unit if the 340
356	356	household will pay no more than 30% of its income toward housing costs. 341
357	357	(2) If a proposed disposition of real property will result in the development of 342
358	358	multifamily residential property consisting of 10 or more units, the following affordable housing 343
359	359	requirements shall apply: 344
360	360	(A) If the units are located in the following areas, at least 35% of the units 345
361	361	shall be dedicated as affordable housing at the levels specified in subparagraph (C): 346
362	362	(i) Within ½ mile of a Metrorail station that is in operation or for 347
363	363	which a construction contract has been awarded on or before the date of the disposition; or 348
364	364	(ii) Within ¼ mile of a Priority Corridor Network Metrobus Route, 349
365	365	as designated by the Washington Area Metropolitan Transit Authority, located entirely or 350
366	366	partially within the District of Columbia. 351
367	367	(B) If the multifamily units are located outside of the areas described in 352
368	368	paragraph (1), at least 25% of the units shall be dedicated as affordable housing at the levels 353
369	369	specified in subparagraph (C). 354
370	370	(C) The units dedicated as affordable housing pursuant to subparagraphs 355
371	371	(A) and (B) shall be made available at the following affordability levels: 356
372	372	(i) In the case of rental units, at least 25% of the units shall be 357
373	373	15
374	374	affordable for very low-income household, and the remainder of such units shall be affordable 358
375	375	for low-income households; and 359
376	376	(ii) In the case of ownership units, 50% of the units shall be 360
377	377	affordable for low-income household, and 50% of the units shall be affordable for moderate-361
378	378	income households. 362
379	379	(D) Of the units dedicated as affordable housing pursuant to this 363
380	380	subsection, at least 30% in each affordability category shall have 3 or more bedrooms each. 364
381	381	(3) The units dedicated as affordable housing pursuant to paragraph (2) shall 365
382	382	remain affordable-housing units for the life of the ground lease if the land disposition is by 366
383	383	ground lease, or shall remain affordable-housing units in perpetuity, secured by a covenant 367
384	384	running with the land that may be extinguished at the sole discretion of the District. 368
385	385	(4) The purchase price for the second and subsequent sales of the units dedicated 369
386	386	as affordable housing described in paragraph (2) shall be determined by a formula established by 370
387	387	the Mayor. 371
388	388	(5) The Mayor shall take into account the affordable-housing requirements of this 372
389	389	subsection when establishing the terms and conditions under which real property is to be 373
390	390	disposed; provided, that the Mayor may provide subsidies to a developer, as necessary, to ensure 374
391	391	that the affordable-housing requirements imposed by this subsection are met. 375
392	392	(6) The Mayor may waive the affordable housing requirements of paragraph (2) 376
393	393	if: 377
394	394	(A) The appraised value of the property to be disposed of is insufficient to 378
395	395	support the affordable-housing requirements, taking into account all other available sources of 379
396	396	public funding for affordable housing, whether provided by the District of Columbia or the 380
397	397	16
398	398	federal government; 381
399	399	(B) The terms and conditions under which the real property is to be 382
400	400	disposed of satisfy the affordable-housing requirements to the maximum extent possible; and 383
401	401	(C) The Chief Financial Officer has provided to the Mayor a financial 384
402	402	analysis that shall consist of: 385
403	403	(i) A review and analysis of the financial condition of disposed-of 386
404	404	land; and 387
405	405	(ii) An advisory opinion stating whether or not it is likely that the 388
406	406	developer reasonably could be expected to satisfy the affordable-housing requirements set forth 389
407	407	in paragraph (2). 390
408	408	(7) The Mayor may waive the affordable housing requirements of paragraph (2) if 391
409	409	the District-owned real property is less than 5,000 square feet, even though the property may be 392
410	410	consolidated with a private development of multifamily housing consisting of 10 or more units. 393
411	411	(c) In the case of any real property to be disposed of under this title through a request for 394
412	412	proposals or competitive sealed proposals, the Mayor shall include economic factors, including 395
413	413	revenues, fees, and other payments to the District, as one of the criteria to evaluate the request 396
414	414	for proposals or competitive sealed proposals. 397
415	415	(d) In the case of any real property to be disposed of under this title through a negotiated 398
416	416	sale, the Mayor shall incorporate into the terms of the disposition the right of the District to 399
417	417	reacquire the property at the price originally conveyed plus any amounts secured by the property 400
418	418	that have been approved by the Mayor, if the property is no longer used for the authorized 401
419	419	purpose. For property located within the corporate boundaries of the District, if the District does 402
420	420	not exercise its reacquisition option, the owner in fee simple shall be entitled to use the property 403
421	421	17
422	422	or sell, convey, or otherwise dispose of the property for use in a manner that is consistent with 404
423	423	the designation of the real property on the Generalized Land Use Maps adopted pursuant to 405
424	424	section 7 of the District of Columbia Comprehensive Plan Act of 1984, effective April 10, 1984 406
425	425	(D.C. Law 5-76; D.C. Official Code § 1-306.02) and with applicable zoning requirements 407
426	426	adopted pursuant to section 1 of An Act Providing for the zoning of the District of Columbia and 408
427	427	the regulation of the location, height, bulk, and uses of buildings and other structures and of the 409
428	428	uses of land in the District of Columbia, and for other purposes, approved June 20, 1938 (52 Stat. 410
429	429	797; D.C. Official Code § 6-641.01). 411
430	430	(e) Each acquirer must enter into an agreement that shall require the acquirer to, at a 412
431	431	minimum, contract with Certified Business Enterprises for at least 35% of the contract dollar 413
432	432	volume of the project, and shall require at least 20% equity and 20% development participation 414
433	433	of Certified Business Enterprises; 415
434	434	(f) Each acquirer must enter into a First Source Agreement with the District that shall 416
435	435	govern certain obligations of the acquirer pursuant to section 4 of the First Source Employment 417
436	436	Agreement Act of 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Official Code § 2-418
437	437	219.03), and Mayor’s Order 83-265 (November 9, 1983) regarding job creation and employment 419
438	438	generated as a result of the construction on the Property. 420
439	439	(g) When soliciting or negotiating with prospective acquirers, the Mayor shall encourage 421
440	440	communication and the negotiation of community benefit agreements with ANCs, including the 422
441	441	ANC with jurisdiction over the real property, to the extent feasible under the circumstances and 423
442	442	consistent with the best interest of the District. 424
443	443	Sec. 109. Disposition resolution. 425
444	444	(a) Before filing a proposed disposition resolution pursuant to subsection (b), the Mayor 426
445	445	18
446	446	shall make reasonable efforts to schedule a presentation at a meeting of the ANC with 427
447	447	jurisdiction over the real property regarding the Mayor’s intended disposition of the real 428
448	448	property. 429
449	449	(b) If the Mayor seeks to dispose of real property that the Council has declared no longer 430
450	450	required for public purposes pursuant to section 106 and regarding which the Mayor has 431
451	451	completed the procedures set forth in section 107, the Mayor shall submit to the Council a 432
452	452	proposed disposition resolution that contains the following: 433
453	453	(1) The name and business address of the acquirer, and, if the acquirer is a joint 434
454	454	venture or partnership, the names and business addresses of all persons constituting the acquirer; 435
455	455	(2) A description of the real property; 436
456	456	(3) A description of the intended use of the real property; 437
457	457	(4) The proposed method of disposition, which may be one of the following: 438
458	458	(A) A public or private sale to the highest bidder; 439
459	459	(B) A negotiated sale to a for-profit or nonprofit entity for specifically 440
460	460	designated purposes; 441
461	461	(C) A lease for a period of greater than 15 years; 442
462	462	(D) A combination sale/leaseback for specifically designated purposes; 443
463	463	(E) An exchange of interests in real property; or 444
464	464	(F) A public or private sale to the bidder providing the most benefit to the 445
465	465	District; 446
466	466	(5) To the extent applicable, a finding that the acquirer will comply with the 447
467	467	affordable housing requirements set forth in section 108(b)(2), or that such affordable housing 448
468	468	requirements are waived pursuant to section 108(b)(6) or 108(b)(7); 449
469	469	19
470	470	(6) A finding that the acquirer will comply with the Certified Business Enterprise 450
471	471	requirements of section 108(e) and the First Source requirements of section 108(f); and 451
472	472	(7) Where applicable, the following statement: 452
473	473	“The Land Disposition Agreement for the disposition of the real property shall not be 453
474	474	inconsistent with the substantive business terms of the transaction submitted by the 454
475	475	Mayor with this resolution in accordance with section 109(c)(2) of the Common Ground 455
476	476	Amendment Act of 2023, D.C. Official Code §__, unless revisions to those substantive 456
477	477	business terms are approved by the Council.” 457
478	478	(c) The Mayor shall submit all of the following materials to the Council along with the 458
479	479	proposed disposition resolution filed pursuant to subsection (b), and shall promptly transmit all 459
480	480	of the following materials to the Ombudsperson and the ANC with jurisdiction over the real 460
481	481	property and post the materials to the project page: 461
482	482	(1) An analysis prepared by the Mayor of the economic factors that were 462
483	483	considered in proposing the disposition of the real property, including: 463
484	484	(A) The chosen method of disposition, and how competition was 464
485	485	maximized; 465
486	486	(B) The manner in which economic factors were weighted and evaluated, 466
487	487	including estimates of the monetary benefits and costs to the District that will result from the 467
488	488	disposition. The benefits shall include revenues, fees, and other payments to the District, as well 468
489	489	as the creation of jobs; 469
490	490	(C) A description of all disposition methods considered and an 470
491	491	accompanying narrative for the proposed disposition method that contains comparisons to the 471
492	492	other methods and shows why the proposed method was more beneficial for the District than the 472
493	493	20
494	494	others in the areas of return on investment, subsidies required, revenues paid to the District, and 473
495	495	any other relevant category, or why it is being proposed despite it being less beneficial to the 474
496	496	District in any of the measured categories; and 475
497	497	(D) A pre-disposition economic impact statement in the form of a 476
498	498	quantitative analysis that estimates the economic benefits, including revenues, tax receipts, and 477
499	499	job creation, that will result from the disposition, including the anticipated benefits of any 478
500	500	development project to be undertaken at the property and any offsite property, including direct, 479
501	501	indirect, or induced outcomes; 480
502	502	(2) An executed term sheet or memorandum of understanding between the 481
503	503	District and the acquirer that includes: 482
504	504	(A) A description of the substantive business terms of the transaction; 483
505	505	(B) A description of the method of disposition; 484
506	506	(C) A description of the Certified Business Enterprise requirements 485
507	507	pursuant to section 108(e) and First Source requirements pursuant to section 108(f); 486
508	508	(D) A description of applicable green building requirements; 487
509	509	(E) A description of the schedule of performance; 488
510	510	(F) A description of any applicable affordable housing requirements 489
511	511	pursuant to section 108(b) and the District’s remedies in the event of noncompliance with such 490
512	512	requirements; and 491
513	513	(G) Any other terms that the Mayor finds to be in the best interest of the 492
514	514	District. 493
515	515	(3)(A) An appraisal report of the value of the property prepared by an 494
516	516	independent licensed appraiser, performed no earlier than 5 months before the transmission of 495
517	517	21
518	518	the proposed resolution to the Council, analyzing both the highest and best use value of the 496
519	519	property and the value of the property under the development proposed pursuant to the 497
520	520	disposition; and 498
521	521	(B) An explanation of the difference, if any, between the appraised value 499
522	522	determined pursuant to subparagraph (A) and the purchase or lease price to be paid pursuant to 500
523	523	the disposition; 501
524	524	(4) An itemization, together with an explanation, of any government assistance to 502
525	525	be received, or contemplated to be received, by the acquirer under the proposed disposition, 503
526	526	including any discount on the price or rent, grants, loans, tax credits, tax abatements, tax 504
527	527	increment financing, affordable housing subsidies, land exchange, and negotiated contributions; 505
528	528	(5) For real property to be disposed of for purposes of development and requiring 506
529	529	government assistance, the following additional items: 507
530	530	(A) A Land Disposition Agreement between the District and the acquirer; 508
531	531	(B) Any community benefits agreement between the acquirer and the 509
532	532	relevant community; and 510
533	533	(C) A Certified Business Enterprise Agreement pursuant to subpart 2 of 511
534	534	Part D of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance 512
535	535	Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et 513
536	536	seq.); 514
537	537	(6) A statement from the Chief Equity Officer regarding any anticipated positive 515
538	538	or negative effects of the proposed disposition on racial equity in the District; and 516
539	539	(7) If applicable, a copy of the Chief Financial Officer’s analysis prepared 517
540	540	pursuant to section 108(b)(6)(C). 518
541	541	22
542	542	(d) Any documents provided pursuant to subsection (c)(5) shall be transmitted in the 519
543	543	most current form available at the time of transmission, and if such documents are revised prior 520
544	544	to the Council’s adoption of the disposition resolution, the Mayor shall promptly transmit the 521
545	545	revised documents to the Council, Ombudsperson, and ANC with jurisdiction over the real 522
546	546	property and post the revised documents to the project page. Such documents shall be consistent 523
547	547	with the proposed disposition resolution and shall contain language to that effect. 524
548	548	(e) If the Council does not adopt or reject a proposed disposition resolution submitted 525
549	549	pursuant to subsection (b) within 90 days, excluding Saturdays, Sundays, legal holidays, and 526
550	550	days of Council recess, then the proposed resolution shall be deemed disapproved. 527
551	551	(f) If the Council adopts a resolution submitted pursuant to subsection (b), the approval 528
552	552	shall expire 2 years after the effective date of such resolution. If the Mayor determines 529
553	553	subsequent to Council approval that the real property cannot be disposed of within the 2-year 530
554	554	period, the Mayor may submit to the Council a resolution to extend the time for the disposition 531
555	555	of the property, and shall include with the transmittal a detailed status report on efforts made 532
556	556	toward disposition of the property as well as the reasons for the inability to dispose of the 533
557	557	property within the 2-year period. The resolution may extend the time for any specified period up 534
558	558	to 2 years. If the Council does not take action to approve or disapprove the extension resolution 535
559	559	within 45 days of receipt of the resolution, not including Saturdays, Sundays, legal holidays, or 536
560	560	days of Council recess, then the extension resolution shall be deemed disapproved. 537
561	561	(g) If the Council adopts a resolution submitted pursuant to subsection (b) and a 538
562	562	subsequent, substantive change is made to the business terms of the transaction described in the 539
563	563	term sheet or memorandum of understanding submitted with the resolution pursuant to 540
564	564	subsection (c)(2), then the Mayor shall transmit to the Council a proposed resolution describing 541
565	565	23
566	566	the change and accompanied by the amended documents in redline format. If the Council does 542
567	567	not approve or disapprove the proposed amendments to the documents, in whole or in part, by 543
568	568	resolution within 45 days, excluding Saturdays, Sundays, legal holidays, and days of Council 544
569	569	recess, then the proposed amendments shall be deemed approved. 545
570	570	Sec. 110. Reports. 546
571	571	(a) The Mayor shall submit to the Council a semiannual report explaining the status of 547
572	572	each disposition approved by the Council during the previous 2 years, including a schedule for 548
573	573	project completion of each disposition, an explanation of impediments, if any, to completion of 549
574	574	the project, and a description of the steps that are being taken to resolve them. 550
575	575	(b) Within 180 days after March 16, 2021, and on an annual basis thereafter, the 551
576	576	Department of General Services shall transmit to the Council a report on green space in the 552
577	577	District, which shall include: 553
578	578	(1) The total square footage of green space owned by the District, broken down 554
579	579	by ward and by the District agency that owns the real property; 555
580	580	(2) The square footage of green space that the District gained or lost over the 556
581	581	preceding year, broken down by ward and by the District agency that owns the real property; and 557
582	582	(3) A summary of measures taken over the preceding year to increase access to 558
583	583	green space for District residents. 559
584	584	TITLE II. PUBLIC LANDS OMBUDSPERSON . 560
585	585	Sec. 201. Definitions. 561
586	586	(a) For the purposes of this title, the term: 562
587	587	(1) “Agency” means any office, department, division, board, commission, or 563
588	588	agency of the government of the District, including independent agencies, but does not include: 564
589	589	24
590	590	(A) The District of Columbia Courts, as that term is defined in section 565
591	591	103(13) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 777; 566
592	592	D.C. Official Code § 1-201.03(13)); 567
593	593	(B) The Council; 568
594	594	(C) Any instrumentality formed pursuant to an interstate compact; or 569
595	595	(D) The Office of the Inspector General; 570
596	596	(2) “ANC” means Advisory Neighborhood Commission. 571
597	597	(3) “Surplus and Disposition Law” means title I of this act. 572
598	598	(4) “Office” means the Office of the Public Lands Ombudsperson. 573
599	599	(5) “Ombudsperson” means the administrator of the Office. 574
600	600	(6) “Record” means any record, document, book, paper, file, photograph, 575
601	601	microfilm, sound recording, video recording, magnetic storage media, computer data, or other 576
602	602	material, regardless of physical form or characteristics, created, generated, recorded, received, 577
603	603	possessed, controlled, accessible, or auditable by an agency. 578
604	604	(b) For the purposes of this title, the terms “key public amenity,” “project page,” and 579
605	605	“surplusing agency” shall have the same meanings as provided in section 101 of the Disposition 580
606	606	Law. 581
607	607	Sec. 202. Office of the Public Lands Ombudsperson; establishment; term. 582
608	608	(a) There is established for the District of Columbia the Office of the Public Lands 583
609	609	Ombudsperson, which shall be an impartial office responsible to the Council and tasked with 584
610	610	assisting the public in securing informed and appropriate uses of lands owned by the District of 585
611	611	Columbia. 586
612	612	(b) The Office shall be headed by the Public Lands Ombudsperson, who shall be 587
613	613	25
614	614	appointed by the Chairman of the Council in consultation with the chairs of the committees of 588
615	615	the Council with jurisdiction over the surplusing agency and the Department of Housing and 589
616	616	Community Development, subject to the approval of a majority of the Council by resolution. 590
617	617	(c)(1) The Ombudsperson shall serve for a term of 5 years and may be reappointed. 591
618	618	(2) The Ombudsperson shall be paid at a rate of compensation as may be 592
619	619	established from time to time by the Council. 593
620	620	(3) The Ombudsperson may be removed during a term of office only for cause by 594
621	621	a majority of the Council and shall receive 2-weeks’ notice of removal. 595
622	622	(d) The Ombudsperson shall serve as the personnel authority for the Office and shall have 596
623	623	such staff as is appropriated in an approved budget, to whom the Ombudsperson may delegate 597
624	624	duties at their discretion. The Ombudsperson and all employees of the Office shall be appointed 598
625	625	in the Excepted Service pursuant to Title IX of the District of Columbia Government 599
626	626	Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. 600
627	627	Official Code 1-609.01 et seq.). 601
628	628	(e) The Ombudsperson shall have exclusive authority to administer the Office’s budget. 602
629	629	Sec. 203. Qualifications. 603
630	630	(a) The Ombudsperson shall: 604
631	631	(1) Be a person of recognized judgment, objectivity, and integrity, and qualified 605
632	632	by training or experience to analyze problems of law, administration, and public policy; 606
633	633	(2) Possess significant experience in the field of community organizing, urban 607
634	634	planning, or racial justice advocacy; and 608
635	635	3) Have management experience that demonstrates an ability to hire and supervise 609
636	636	qualified staff. 610
637	637	26
638	638	(b) The Ombudsperson shall not: 611
639	639	(1) Participate in partisan political activities; 612
640	640	(2) Be a candidate for or hold any other elective or appointive government office; 613
641	641	or 614
642	642	(3) Engage in any other occupation, business, or profession that may detract from 615
643	643	the performance of the Ombudsperson’s duties or result in a conflict of interest or an appearance 616
644	644	of impropriety or partiality with the duties of the Ombudsperson, 617
645	645	Sec. 204. Duties. 618
646	646	(a) The Ombudsperson shall: 619
647	647	(1) Meet no less than annually with the principal agency or agencies responsible 620
648	648	for the operation of each type of key public amenity to understand each agency’s anticipated real 621
649	649	property needs for key public amenities. 622
650	650	(2) Develop expertise in District residents’ and agencies’ various concerns and 623
651	651	priorities regarding public property use and the development of key public amenities, including 624
652	652	by monitoring agencies’ and the Council’s land use and facilities planning processes and public 625
653	653	participation therein. 626
654	654	(3) Attend public surplus hearings, public disposition hearings and ANC 627
655	655	presentations held pursuant to the Surplus and Disposition Law. 628
656	656	(4) Review materials posted to project pages and prepare written comments where 629
657	657	the Office believes that such comments would be helpful to the public. 630
658	658	(5) Develop and maintain guidance materials for a variety of audiences and 631
659	659	regarding the Surplus and Disposition Law, community benefit agreements, and other matters 632
660	660	relevant to the Office’s mission. 633
661	661	27
662	662	(6) Create and maintain a website for the Office that, at a minimum: 634
663	663	(A) Contains summaries of anticipated District government real property 635
664	664	needs, including information on agencies’ forecasted real property needs for key public 636
665	665	amenities obtained pursuant to paragraph (1); and 637
666	666	(B) Allows for the submission of requests for the Ombudsperson’s 638
667	667	assistance, including assistance pursuant to paragraphs (7) and (8) of this subsection and such 639
668	668	other related assistance as the Ombudsperson sees fit to offer. 640
669	669	(7) Assist members of the public with questions regarding real property surplus 641
670	670	and disposition. 642
671	671	(8) Provide guidance to ANCs and other community representatives regarding 643
672	672	best practices for developing equitable and enforceable community benefit agreements. 644
673	673	(9) Advise Councilmembers and staff on real property surplus and disposition 645
674	674	decisions, with a focus on identifying relevant community-level and District-wide goals and 646
675	675	plans. 647
676	676	(b) In performing their duties, the Ombudsperson shall endeavor to prioritize the needs of 648
677	677	lower-income communities, communities at risk of displacement from the District, and 649
678	678	communities that lack professional representation or other relevant assistance. 650
679	679	Sec. 205. Powers. 651
680	680	(a) Notwithstanding any other provision of law, the Ombudsperson may: 652
681	681	(1) Access, examine, and copy, without payment of a fee, any agency record that 653
682	682	is required for the discharge of the Ombudsperson’s duties; and 654
683	683	(2) Make inquiries and obtain assistance and information from an agency that is 655
684	684	required for the discharge of the Ombudsperson’s duties, including agency participation in the 656
685	685	28
686	686	meetings required by section 204(1). 657
687	687	(b) The Ombudsperson shall not: 658
688	688	(1) Take any personnel action, except regarding the employees of the Office; or 659
689	689	(2) Provide legal advice or legal representation. 660
690	690	Sec. 206. Reporting. 661
691	691	(a) The Ombudsperson may at any time report the Office’s activities to the Council or 662
692	692	any of its committees, the Mayor, the Office of the Inspector General, any relevant agency, or the 663
693	693	public. 664
694	694	(b) Each year, no later than January 31, the Ombudsperson shall provide an annual report 665
695	695	to the Council, which shall contain the following information based on the work and 666
696	696	observations of the Office during the prior fiscal year: 667
697	697	(1) A list of real property surplus or disposition matters on which the Office 668
698	698	provided assistance; 669
699	699	(2) A summary of the types of assistance that the Office provided in connection 670
700	700	with each matter; 671
701	701	(3) A description of the main users of the Office’s services in connection with 672
702	702	each matter, including an estimate of the number of individuals assisted; and 673
703	703	(4) Any policy recommendations, including recommended legislation, 674
704	704	regulations, or best practices to improve transparency and accountability in public land use 675
705	705	planning; reduce displacement of working-class and lower-income households and people of 676
706	706	color; and ensure equitable distribution of key public amenities. 677
707	707	Sec. 207. Budgeting. 678
708	708	Beginning in Fiscal Year 2024, the Chief Financial Officer shall assign an individual 679
709	709	29
710	710	agency-level code for the Office in the District’s financial system. 680
711	711	TITLE III. TRANSITIONAL AND CONFORMING AMENDMENTS . 681
712	712	Sec. 301. Conforming amendments to existing surplus and disposition procedures. 682
713	713	An Act Authorizing the sale of certain real estate in the District of Columbia, approved 683
714	714	August 5, 1939 (53 Stat. 1222; D.C. Official Code §§ 10-801 et seq.), is amended as follows: 684
715	715	(1) Section 1(a) (D.C. Official Code § 10-801(a)) is amended as follows: 685
716	716	(A) Paragraph (1) is amended to read as follows: 686
717	717	“(a)(1) Prior to the applicability date of the Common Ground Amendment Act of 687
718	718	2023, effective ___ (Bill 25-___; D.C. Official Code §§ ___ et seq.), the Mayor is authorized and 688
719	719	empowered, in their discretion, for the best interests of the District of Columbia, and with the 689
720	720	approval of the Council by resolution pursuant to this section, to sell, convey, lease (inclusive of 690
721	721	options) for a period of greater than 15 years, exchange, or otherwise dispose of real property, in 691
722	722	whole or in part, now or hereafter owned in fee simple by the District, whether purchased with 692
723	723	appropriated, grant, or other funds, the proceeds of general obligation bonds or tax revenue 693
724	724	anticipation notes issued by the District government, or United States Treasury Notes, or 694
725	725	obtained by any other means including exchange, condemnation, eminent domain, gift, 695
726	726	dedication, donation, devise or assignment, for municipal, community development, or other 696
727	727	public purpose, which the Council finds to be no longer required for public purposes by 697
728	728	resolution pursuant to this section; provided, that this section shall not apply to real property 698
729	729	disposed of pursuant to section 6(c) of the District of Columbia Community Development Act of 699
730	730	1975, effective December 16, 1975 (D.C. Law 1-39; D.C. Official Code § 6-1005(c)). After the 700
731	731	applicability date of the Common Ground Amendment Act of 2023, effective ___ (Bill 25-___; 701
732	732	D.C. Official Code §§ ___ et seq.), title I of that act shall govern real property dispositions.”. 702
733	733	30
734	734	(B) Paragraphs (3) and (4) are repealed. 703
735	735	(2) Section 1b (D.C. Official Code § 10-801.01) is repealed. 704
736	736	Sec. 303. Conforming amendments regarding racial equity analyses. 705
737	737	Section 102(c) of the Racial Equity Achieves Results (REACH) Amendment Act of 706
738	738	2020, effective March 16, 2021 (D.C. Law 23-181; D.C. Official Code § 2-1471.02(b)(1)) is 707
739	739	amended as follows: 708
740	740	(1) Paragraph (7) is amended by striking the phrase “; and” and inserting a 709
741	741	semicolon in its place. 710
742	742	(2) Paragraph (8)(C) is amended by striking the period and inserting the phrase “; 711
743	743	and” in its place. 712
744	744	(3) A new paragraph (9) is added to read as follows: 713
745	745	“(9) Prepare statements regarding proposed real property surplus and disposition 714
746	746	resolutions for submission to the Council by the Chief Equity Officer pursuant to sections 715
747	747	106(d)(2) and 109(c)(6) of the Common Ground Amendment Act of 2023, effective __ (B25-716
748	748	___).”. 717
749	749	Sec. 302. Conforming amendments to cross-references. 718
750	750	(a) D.C. Official Code § 16-1332(a) is amended by striking the phrase “in accordance 719
751	751	with section 10-801,” and inserting the phrase “in accordance with section 10-801 or title I of the 720
752	752	Common Ground Amendment Act of 2022,” in its place. 721
753	753	(b) Section 2(c) of the Southwest Waterfront Redevelopment Clarification Act of 2010, 722
754	754	effective April 8, 2011 (D.C. Law 18-359; D.C. Official Code § 2–1217.151(c)) is amended to 723
755	755	read as follows: 724
756	756	“(c) All future amendments to the Land Disposition Agreement shall be submitted to the 725
757	757	31
758	758	Council for approval in accordance with the procedures set forth in section 109(g) of the 726
759	759	Common Ground Amendment Act of 2023, effective ___ (Bill 25-___; D.C. Official Code 727
760	760	§ ___).”. 728
761	761	(c) Chapter 283 of An Act To permit the exchange of land belonging to the District of 729
762	762	Columbia for land belonging to the abutting property owner or owners, and for other purposes, 730
763	763	approved August 1, 1951 (65 Stat. 150; D.C. Official Code § 10-901), is amended to read as 731
764	764	follows: 732
765	765	“Where 2 lots or parcels of land abut each other and 1 of such lots or parcels belongs to 733
766	766	the District of Columbia, the Council of the District of Columbia, in accordance with title I of the 734
767	767	Common Ground Amendment Act of 2023, effective ___ (Bill 25-___, D.C. Official Code §§ 735
768	768	___ et seq.), is hereby authorized and empowered, when in its judgment and discretion it is for 736
769	769	the best interest of the District of Columbia, to exchange such District-owned land, or part 737
770	770	thereof, for the abutting lot or parcel of land, or part thereof.”. 738
771	771	(d) The Small, Local, and Disadvantaged Business Development and Assistance Act of 739
772	772	2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code§ 2-218.01 et seq.), is 740
773	773	amended as follows: 741
774	774	(1) Section 2302(9)(F) (D.C. Official Code§ 2-218.02(9)(F)) is amended to read 742
775	775	as follows: 743
776	776	“(F) A development project conducted pursuant to a disposition under 744
777	777	section 1 of An Act Authorizing the sale of certain real estate in the District of Columbia no 745
778	778	longer required for public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code 746
779	779	§ 10-801) or title I of the Common Ground Amendment Act of 2023, effective ___ (Bill 25-___; 747
780	780	D.C. Official Code § ___).”. 748
781	781	32
782	782	(2) Section 2349a(a)(1) (D.C. Official Code § 2–218.49a(a)(1)) is amended by 749
783	783	striking the phrase “small investors” and inserting the phrase “or title I of the Common Ground 750
784	784	Amendment Act of 2023, effective ___ (Bill 25-___; D.C. Official Code §§ ___ et seq.), small 751
785	785	investors” in its place. 752
786	786	TITLE IV. APPLICABILITY; FISCAL IMPACT; EFFECTIVE DATE. 753
787	787	Sec. 401. Applicability. 754
788	788	(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved 755
789	789	budget and financial plan. 756
790	790	(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 757
791	791	an approved budget and financial plan, and provide notice to the Budget Director of the Council 758
792	792	of the certification. 759
793	793	(c)(1) The Budget Director shall cause the notice of the certification to be published in 760
794	794	the District of Columbia Register. 761
795	795	(2) The date of publication of the notice of the certification shall not affect the 762
796	796	applicability of this act. 763
797	797	Sec. 402. Fiscal impact statement. 764
798	798	The Council adopts the fiscal impact statement in the committee report as the fiscal 765
799	799	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 766
800	800	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 767
801	801	Sec. 403. Effective date. 768
802	802	This act shall take effect following approval by the Mayor (or in the event of veto by the 769
803	803	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 770
804	804	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 771
805	805	33
806	806	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 772
807	807	Columbia Register. 773