Public Facilities Modernization Through Air Rights Development Act of 2005
Bill 16-567

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To require the Mayor to prepare and solicit Requests for Proposals to lease and develop available and unused or underutilized public land, air rights, or below-grade space adjacent to public facilities and rights-of-way in conjunction with the privately financed modernization of public facilities; and to dedicate the lease proceeds and revenue from air rights development for the repair, renovation, or new construction of public facilities.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Public Facilities Modernization Through Air Rights Development Act of 2005".

Sec. 2. Establishment of Public Facilities Modernization Fund.

(a) There is established within the General Fund of the District of Columbia a segregated, non-lapsing special revenue fund to be known as the Public Facilities Modernization Fund ("Fund").

(b) The Chief Financial Officer shall deposit into the Fund all disposition proceeds and revenue generated from the lease and development of public land, air rights, or below-grade space ("air rights") under the jurisdiction of the District and on or adjacent to existing public facilities, and any other dollars designated for the Fund by appropriation, grant, or gift.

(c) Monies deposited into the Fund shall be used to prepare, solicit, evaluate, select, and finance proposals for public-private partnerships for mixed-use developments and local public facility modernization projects throughout the District. Such proposals shall include:

(1) The lease of available and unused or underutilized air rights under the jurisdiction of the District and on or adjacent to an existing or proposed public facility or an existing right-of-way; and

(2) The maximization of private or other non-District funds to repair, renovate, newly construct, furnish, or equip the adjacent or other public facilities, including, but not limited to, public schools, public libraries, recreation centers, parks and open space, police and fire stations, health care facilities, senior citizen and other community centers, and District government offices, service centers, and infrastructure.

(d) The Mayor shall submit to the Council, as part of the annual budget, a requested appropriation for expenditures from the Fund, including a description of the specific approved plan or project for which the funds will be used.

(e) Funds deposited into the Fund shall not revert to the fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this section, subject to authorization by Congress.

Sec. 3. Strategic Modernization Plan.

(a) Within 180 days of the effective date of this act, the Director of the Office of Planning shall submit to the Mayor and the Council a strategic plan for using public-private partnerships to leverage the lease and development of available and unused or underutilized air rights adjacent to public facilities to privately finance and complete the modernization of the adjacent or other public facilities throughout the District of Columbia.

(b) The plan shall be formulated with community input and in consultation with District officials responsible for capital improvement planning and budgeting. 

(c) The plan shall:

(1) Identify and evaluate potential development opportunities for available and unused or underutilized air rights under the jurisdiction of the District and on or adjacent to existing or proposed public facilities;

(2) Include the preparation of Requests for Proposals ("RFPs") for lease of air rights for the purpose of privately developing air rights in a manner that provides disposition proceeds or revenue to the District for the Fund and results in the privately financed modernization of the adjacent or other public facilities;

(3) Require that any proposed lease for air rights development and public facility modernization:

(A) Is not inconsistent with the adopted generalized land use policies of the Comprehensive Plan (10 DCMR);

(B) Conforms with applicable zoning and historic preservation standards; 

(C) Complies with all applicable laws requiring public hearings and Mayoral and Council review and approval of surplus property declarations and dispositions; 

(D) Is compatible with the programmatic, operational, and capital improvement needs of the public facility;

(E) Is responsive to the needs of the surrounding community and the District as a while; and

(F) Ensures that the certificate of occupancy for the private air rights development is not issued prior to the completion of the related modernization of one or more public facilities;

(4) Establish timetables and criteria for public facility modernizations that are fairly distributed throughout all parts of the District of Columbia;

(5) Include flexibility for closing, consolidating, relocating, or renovating existing public facilities, and building new public facilities, in accordance with established criteria; and

(6) Encourage air rights development that includes residential uses and neighborhood-serving retail uses, and requires affordable workforce housing set-asides for any residential development.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).

Sec. 6. 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), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.