District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0547 Introduced / Bill

Filed 10/24/2023

                    COUNCIL OF THE DISTRICT OF COLUMBIA 
The John A. Wilson Building 
1350 Pennsylvania Avenue, nw 
Washington, D.C. 20004 
 
 
 
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Statement of Introduction 
Food Access by Public Transit Study Amendment Act of 2023 
October 24, 2023 
 
Today, I am proud to introduce the Food Access by Public Transit Study Amendment Act of 
2023, along with Councilmembers Charles Allen, Robert C. White, Jr., and Brooke Pinto. This 
legislation would require the District Department of Transportation (DDOT) to conduct a study 
on public transportation access to supermarkets in low food access areas. DDOT would be 
required to administer the study to 500 District residents living in low food access areas to assess 
current transportation modes and routes used to travel to and from supermarkets. 
 
In the District, there are extreme geographic disparities in access to full-service grocery stores. 
Despite rapid economic development in the District from 2010 to 2020, Wards 7 and 8 lost 
four of their seven full-service grocery stores. In that same period, 37 grocery stores opened in 
the other six Wards.
1
 Of the nearly 171,000 residents of Wards 7 and 8, 85 percent live more 
than a mile from a full-service grocery store.
2
 These disparities are not limited to Wards 7 and 8. 
In Ward 3, 85,301 residents can purchase groceries from 16 full-service grocery stores. Ward 5, 
with a population of 89,617, has only six full-service grocers.
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The District government has attempted to attract new supermarkets to low food access areas for 
years, but little progress has been made. The Supermarket Tax Exemption Act of 2000 waived 
certain taxes and fees for grocery stores that opened in specific neighborhoods, and this initiative 
was later expanded in 2010 by the FEED DC Act. This law included a Qualified Supermarket 
incentive, which offered property tax, business license fee, personal property tax, and sales and 
use tax exemptions to attract additional grocery stores, and cost the District $29 million 
between 2010 and 2017.
4
 Between 2000 and 2015, 22 supermarkets received incentives, but 
only two of these supermarkets were located east of the Anacostia River. One of the two closed 
shortly after opening.
5
 When evaluating the effectiveness of these programs, the CFO said, 
“the incentives on their original goals shows that almost $29 million of foregone District 
revenues cannot be shown to have affected supermarkets’ location decisions, generally, or 
produced economic or other benefits that would not have happened but for the incentive.”
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1
 Opinion. Wards 7 and 8 are ‘food swamps.’ D.C. should make building grocery stores there a priority. Esther 
Priscilla Ebuehi, Divya Vemulapalli and Emel Yavuzel, Washington Post. 
2
 Black-owned stores work to end D.C.’s food deserts. Vanessa G. Sánchez, Washington Post. 
3
 Still Minding the Grocery Gap in D.C. A 2023 Update. D.C. Hunger Solutions. 
4
 Good News for the District’s Food Deserts: FEED DC Act Passes. DCFPI.  
5
 November 2018 Review of Economic Development Tax Expenditures  
6
 Revenue Revealed: It’s Time to Amend DC’s Tax Expenditure Programs. Amy Lieber, DCFPI. 
Christina Henderson 	Committee Member 
Councilmember, At-Large 	Hospital and Health Equity 
Chairperson, Committee on Health 	Judiciary and Public Safety 
 	Transportation and the Environment 
  COUNCIL OF THE DISTRICT OF COLUMBIA 
The John A. Wilson Building 
1350 Pennsylvania Avenue, nw 
Washington, D.C. 20004 
 
 
 
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Many residents in low food access areas rely on public transportation to buy food. Transit scores, 
which describe how well a location is served by public transit, highlight that District residents in 
Wards with fewer supermarkets not only have the lowest car ownership rates in the city, but also 
have fewer public transportation options. On a scale of 0-100, Wards 7 and 8 have median transit 
scores of 48.5 and 43, respectively, and have a total of three grocery stores. Wards 1, 2, and 6, 
have median transit scores over 88, and have a total of 35 grocery stores.
7
 Studying the existing 
public transportation routes in low food access areas, while not a substitute for efforts to open 
new stores, will better inform the District and its public transportation partners of the areas 
where routes need to be added or modified, and represents a necessary first step to improve 
underserved residents’ access to healthy and nutritious food options.  
 
As the Chair of the Committee on Health, I am committed to addressing the social determinants 
of health for District residents, including access to healthy food. This legislation will build on my 
previously introduced legislation that would address food insecurity, the Give SNAP A Raise 
Amendment Act of 2022, and the Universal Free School Meals Amendment Act of 2023. 
Studying public transportation options in low food access areas is not at all a replacement for 
building new stores, but it is a fundamental part of the equation, particularly given the lack of 
lasting progress made on attracting and retaining new stores in low food access areas. I will 
continue to work to ensure that District residents have their nutrition and overall health needs 
met, and I look forward to working with my colleagues on the Council to pass this legislation. 
 
 
 
 
 
7
 Still Minding the Grocery Gap in D.C. 10th Anniversary Grocery Store Report. D.C. Hunger Solutions.  
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______________________________      ______________________________  1 
Councilmember Charles Allen Councilmember Christina Henderson 2 
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Councilmember Robert C. White, Jr.  Councilmember Brooke Pinto 6 
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A BILL 12 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 17 
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To amend the Department of Transportation Establishment Act of 2002 to require the District 21 
Department of Transportation to conduct a study on public transportation access to 22 
supermarkets in low food access areas.  23 
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 25 
act may be cited as the “Food Access by Public Transit Study Amendment Act of 2023”. 26 
Sec. 2. The Department of Transportation Establishment Act of 2002, effective May 21, 27 
2002 (D.C. Law 14-137; D.C. Official Code § 50-921.01 et seq.), is amended by adding a new 28 
section 9r to read as follows: 29 
“Sec. 9r. Food access by public transit study.  30 
“(a)(1) DDOT shall conduct a study on the accessibility of supermarkets by public 31 
transportation in low food access areas in the District of Columbia. 32 
“(2) DDOT shall submit the study required by this subsection to the Council and 33 
the Mayor by September 1, 2024.  34 
“(b) The study required by subsection (a) of this section shall include: 35   	2 
“(1) Data on the number and percentage of residents in low food access areas 36 
residing within walking distance of direct public transportation routes to supermarkets; 37 
 “(A) DDOT may include in this data analysis supermarkets under active 38 
construction on the District that have not yet opened. 39 
“(2) Data on the transportation modes used by residents in low food access areas 40 
to travel to supermarkets, including private vehicles, public transportation, rideshare, and other 41 
means, based on the findings of the survey required in subsection (c) of this section and other 42 
data sources identified by DDOT;  43 
 “(3) Recommendations for changes to existing public transportation routes that 44 
would increase access to supermarkets by public transportation in low food access areas; 45 
“(4) Recommendations for additional public transportation routes that would 46 
increase access to supermarkets by public transportation in low food access areas; and  47 
“(5) Recommendations for decreasing the cost of public transportation for 48 
individuals in low food access areas. 49 
“(c) Prior to administering the study required by subsection (a) of this section, DDOT 50 
shall administer a survey to at least 500 District residents in low-food access areas to assess 51 
current transportation modes and routes used to travel to and from supermarkets, including the 52 
extent to which residents use grocery delivery services. Survey respondents should represent all 53 
Wards in which low food access areas exist. 54 
“(d) For purposes of this section, the term: 55 
“(1) “Low food access area” shall have the same meaning as the term “eligible 56 
area” as defined in D.C. Official Code § 47-3801(1D)(A). 57   	3 
(2) “Supermarket” shall have the same meaning as defined in D.C. Official Code 58 
§ 47-3801(3).”. 59 
Sec. 3. Fiscal impact statement.  60 
The Council adopts the fiscal impact statement in the committee report as the fiscal 61 
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 62 
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a) 63 
Sec. 4. Effective date.  64 
This act shall take effect following approval by the Mayor (or in the event of veto by the 65 
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 66 
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 67 
24, 1973 (87 Stat. 813: D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 68 
Columbia Register. 69