1 ________________________ 1 Chairman Phil Mendelson 2 3 4 5 A BILL 6 7 ______ 8 9 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10 11 ____________ 12 13 14 To, on an emergency basis, due to congressional review, approve the development and financing 15 agreement for the redevelopment of the downtown arena; approve an agreement for the 16 disposition by lease of certain real property owned by the District government for the 17 redevelopment and operation of the downtown arena; approve a purchase and sale 18 agreement for the downtown arena; authorize the granting of certain easements related to 19 the downtown arena property; authorize airspace leases associated with the downtown 20 arena; continue and provide for property tax abatements and deed transfer and 21 recordation tax exemptions for the downtown arena; and authorize the issuance of rules 22 to provide for additional signage on the downtown arena. 23 24 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 25 act may be cited as the “Downtown Arena Revitalization Congressional Review Emergency Act 26 of 2025”. 27 Sec. 2. Approval of development and financing agreement, amended and restated lease, 28 and purchase and sale agreement for the downtown arena. 29 (a) Notwithstanding the provisions of the Procurement Practices Reform Act of 2010, 30 effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-351.01 et seq.), An Act 31 Authorizing the sale of certain real estate in the District of Columbia no longer required for 32 public purposes, approved August 5, 1939 (53 Stat. 1211; D.C. Official Code § 10-801 et seq.), 33 the Verizon Center Sales Tax Revenue Bond Approval Act of 2007, effective July 12, 2007 34 (D.C. Law 17-12; 54 DCR 5151), the Public-Private Partnership Act of 2014, effective March 35 2 11, 2015 (D.C. Law 20-228; D.C. Official Code § 2-271.01 et seq.), and any other law, and, as 36 applicable, pursuant to section 451 of the District of Columbia Home Rule Act, approved 37 December 24, 1973 (87 Stat. 803; D.C. Official Code § 1-204.51), the Council approves and the 38 Mayor may enter into and effectuate the provisions of the: 39 (1) Development and Financing Agreement between District of Columbia and DC 40 Arena L.P., regarding the downtown arena (“Development and Financing Agreement”), 41 submitted by the Mayor to the Council on October 18, 2024; 42 (2) Amended and Restated Lease by and between the District of Columbia and 43 DC Arena L.P., regarding the downtown arena (“Amended and Restated Lease”), submitted by 44 the Mayor to the Council on October 18, 2024; and 45 (3) Agreement for the Purchase and Sale of Real Property (Improvements Only) 46 between District of Columbia and DC Arena L.P., regarding the downtown arena (“Purchase and 47 Sale Agreement”), submitted by the Mayor to the Council on October 18, 2024. 48 (b) Notwithstanding any other provision of law, the Mayor may take such actions as are 49 appropriate to implement the Development and Financing Agreement, Amended and Restated 50 Lease, and Purchase and Sale Agreement. 51 (c) Notwithstanding the lead-in text of subsection (a) of this section and the dollar value 52 of government assistance received pursuant to the Development and Financing Agreement, the 53 following statutory provisions shall apply to the Development and Financing Agreement: 54 (1) Sections 2, 4(a), (b), (c), (e)(1), (1C), (2), (3), (4), and (5), and 4a of the First 55 Source Employment Agreement Act of 1984 (“First Source Act”), effective June 29, 1984 (D.C. 56 Law 5-93; D.C. Official Code §§ 2-219.01, 2-219.03(a), (b), (c), (e)(1), (1C), (2), (3), (4), and 57 (5), and 2-219.03a); and 58 3 (2) Section 5 of the Amendments to An Act To Provide for Voluntary 59 Apprenticeship in the District of Columbia Act of 1978, effective March 6, 1979 (D.C. Law 2-60 156; D.C. Official Code § 32-1431). 61 Sec. 3. Authority to grant easements over the downtown arena property. 62 Notwithstanding the provisions of An Act Authorizing the sale of certain real estate in the 63 District of Columbia no longer required for public purposes, approved August 5, 1939 (53 Stat. 64 1211; D.C. Official Code § 10-801 et seq.), and any other law, the Mayor may grant easements 65 over Lot 47 in Square 455 and/or Lot 884 in Square 454 to the owner of property located in 66 Square 454 or 455, to the Washington Metropolitan Area Transit Authority, to the lessee of Lot 67 47 in Square 455, or to such other persons as the Mayor determines appropriate to effectuate a 68 purpose of the Development and Financing Agreement, Amended and Restated Lease, or 69 Purchase and Sale Agreement. 70 Sec. 4. Airspace lease for the downtown arena; exemption from taxation. 71 (a) Notwithstanding the provisions of the District of Columbia Public Space Rental Act, 72 approved October 17, 1968 (82 Stat. 1156; D.C. Official Code § 10-1101.01 et seq.), sections 73 4(2) (but only to the extent shown on plans the Mayor has approved pursuant to the Development 74 and Financing Agreement), (3), (4), (5), and (6), 5(1), (2), (3) (but only to the extent the Mayor 75 has otherwise approved plans pursuant to the Development and Financing Agreement), (4), and 76 (5) (but only with respect to the requirement to submit a scale model), 7 (but only with respect to 77 zoning laws and regulations), and 10 of the District of Columbia Public Space Utilization Act, 78 approved October 17, 1968 (82 Stat. 1166; D.C. Code §§ 10-1121.03(2) (but only to the extent 79 shown on plans the Mayor has approved pursuant to the Development and Financing 80 Agreement), (3), (4), (5), and (6), 10-1121.04(1), (2), (3) (but only to the extent the Mayor has 81 4 otherwise approved plans pursuant to the Development and Financing Agreement), (4) and (5) 82 (but only with respect to the requirement to submit a scale model), 10-1121.06 (but only with 83 respect to zoning laws and regulations), and 10-1121.09), and any other law, the Mayor may 84 lease the airspace adjacent to Lot 47 in Square 455 and Lot 884 in Square 454, to DC Arena L.P., 85 or its designee, on such terms as the Mayor deems appropriate, at no other rent or fee, for so long 86 as the lease for the real property approved by section 2(a) of the Downtown Sports Arena 87 Revitalization Act of 2024, as may be amended from time to time, remains in effect; provided, 88 that if construction within such airspace is not subject to the approval of the National Capital 89 Planning Commission pursuant to section 5 of An Act providing for a comprehensive 90 development of the park and playground system of the National Capital, approved July 19, 1952 91 (66 Stat. 781; D.C. Official Code § 2-1004), then, notwithstanding the foregoing, section 5(2) 92 and, in its entirety, section 7 of the District of Columbia Public Space Utilization Act, approved 93 October 17, 1968 (82 Stat. 1166; D.C. Code §§ 10-1121.04(2) and 10-1121.06), shall apply to a 94 lease entered into by the Mayor under this subsection. 95 (b) Section 8 of the District of Columbia Public Space Utilization Act, effective October 96 17, 1968 (82 Stat. 1167; D.C. Official Code § 10-1121.07), is amended as follows: 97 (1) Paragraph (1) is amended by striking the phrase “; or” and inserting a 98 semicolon in its place. 99 (2) Paragraph (2) is amended by striking the period at the end and inserting the 100 phrase “; or” in its place. 101 (3) A new paragraph (3) is added to read as follows: 102 “(3) Leased pursuant to section 4(a) of the Downtown Arena Revitalization Act of 103 2024.”. 104 5 Sec. 5. Continued exemption of the downtown arena from real property and possessory 105 interest taxes; downtown arena deed transfer and recordation tax exemptions for transfers with 106 the District government. 107 (a) Section 47-1002 of the District of Columbia Official Code is amended as follows: 108 (1) Paragraph (32)(B) is amended by striking the phrase “; and” and inserting a 109 semicolon in its place. 110 (2) Paragraph (33)(C)(iii) is amended by striking the period at the end and 111 inserting the phrase “; and” in its place. 112 (3) New paragraphs (34) and (35) are added to read as follows: 113 “(34) The real property (and any improvements thereon) described as Lot 47 in 114 Square 455 so long as the Land Disposition Agreement—Ground Lease, by and among the 115 District of Columbia Redevelopment Land Agency, the District of Columbia, and DC Arena, 116 L.P., dated as of December 29, 1995, and recorded with the Recorder of Deeds on January 5, 117 1996, as instrument number 9600001285, as may be amended from time to time, remains in 118 effect; and 119 “(35) The real property (and any improvements thereon) described as Lot 47 in 120 Square 455 and Lot 884 in Square 454 (and any adjacent air space leased pursuant section 4(a) of 121 the Downtown Sports Arena Revitalization Act of 2024), so long as the lease for such real 122 property approved by section 2(a) of the Downtown Sports Arena Revitalization Act of 2024, as 123 may be amended from time to time, remains in effect.”. 124 (b) Section 47-1005.01 of the District of Columbia Official Code is amended by adding a 125 new subsection (c-2) to read as follows: 126 6 “(c-2) This section shall not apply to the real property (and any improvements thereon) 127 described as Lot 47 in Square 455 so long as the Land Disposition Agreement—Ground Lease, 128 by and among the District of Columbia Redevelopment Land Agency, the District of Columbia, 129 and DC Arena, L.P., dated as of December 29, 1995, and recorded with the Recorder of Deeds 130 on January 5, 1996, as instrument number 9600001285, as may be amended from time to time, 131 nor shall it apply to the real property (and any improvements thereon) described as Lot 47 in 132 Square 455 or Lot 884 in Square 454 (or to any adjacent air space leased pursuant section 4(a) of 133 the Downtown Sports Arena Revitalization Act of 2024) so long as the lease approved by section 134 2(a) of the Downtown Sports Arena Revitalization Act of 2024, as may be amended from time to 135 time, remains in effect.”. 136 (c) Section 47-902 of the District of Columbia Official Code is amended by adding a new 137 paragraph (29) to read as follows: 138 “(29) Transfers with respect to the real property (and any improvements thereon) 139 described as Lot 47 in Square 455 and Lot 884 in Square 454 (and any adjacent air space leased 140 pursuant section 4(a) of the Downtown Sports Arena Revitalization Act of 2024), to the extent 141 such transfer is a transfer between the District and DC Arena L.P., or its designee, pursuant to 142 the lease or purchase and sale agreement approved by sections 2(a) of the Downtown Sports 143 Arena Revitalization Act of 2024, as may be amended from time to time, or a lease authorized by 144 section 4(a) of the Downtown Sports Arena Revitalization Act of 2024.”. 145 (d) Section 302 of the District of Columbia Deed Recordation Tax Act, approved March 146 2, 1962 (76 Stat. 11; D.C. Official Code 42-1102), is amended as follows: 147 (1) Paragraph (35) is amended by striking the phrase “; and” and inserting a 148 semicolon in its place. 149 7 (2) Paragraph (36)(B) is amended by striking the period at the end and inserting 150 the phrase “; and” in its place. 151 (3) A new paragraph (37) is added to read as follows: 152 “(37) Deed with respect to the real property (and any improvements thereon) 153 described as Lot 47 in Square 455 or Lot 884 in Square 454 (and any adjacent air space leased 154 pursuant section 4(a) of the Downtown Sports Arena Revitalization Act of 2024), to the extent 155 such deed conveys an interest between the District and DC Arena L.P., or its designee, pursuant 156 to the lease or purchase and sale agreement approved by section 2(a) of the Downtown Sports 157 Arena Revitalization Act of 2024, as may be amended from time to time, or a lease authorized by 158 section 4(a) of the Downtown Sports Arena Revitalization Act of 2024.”. 159 (e)(1) Section 3 of the Arena Tax Amendment Act of 1994, effective September 28, 1994 160 (D.C. Law 10-189; 41 DCR 5357), as amended by section 30 of the Technical Amendments Act 161 of 2006, effective March 2, 2007 (D.C. Law 16-191; 53 DCR 6794), and section 7021 of the 162 Verizon Center Recordation Tax Clarification Amendment Act of 2008, effective August 16, 163 2008 (D.C. Law 17-219; 55 DCR 7670), is repealed. 164 (2) This subsection shall apply as of the effective date of the Downtown Sports 165 Arena Modernization and Downtown Revitalization Act of 2024. 166 Sec. 6. Authority to amend signage regulations. 167 Section 101.19.16 of Appendix N of Title 12A of the District of Columbia Municipal 168 Regulations is amended by striking the phrase “, upon review and active approval by the 169 Council” and inserting the phrase “. The amendments to the rules may include, but need not be 170 limited to, provisions authorizing additional outdoor signs, visuals, digital displays, and static 171 canvas displays placed on the Verizon Center. Rules proposed to be issued under this section 172 8 shall be submitted to Council for a 45-day period of review. If the Council does not approve or 173 disapprove the proposed rules, by resolution, within the 45-day period, the rules shall be deemed 174 approved.” in its place. 175 Sec. 7. Fiscal impact statement. 176 The Council adopts the fiscal impact statement in the committee report as the fiscal 177 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 178 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 179 Sec. 8. Effective date. 180 This act shall take effect following approval by the Mayor (or in the event of veto by the 181 Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 182 90 days, as provided for emergency acts of the Council of the District of Columbia in section 183 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 184 D.C. Official Code § 1-204.12(a)). 185