Councilmember Anita Bonds

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1 Councilmember Anita Bonds 11 A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA Councilmembers Orange introduced the following bill, which was referred to the 17 Committee on 18 To amend Chapter 46 of Title 47 to provide for property tax abatements and exemptions for the 19 construction ofnew medium-priced hotels, incentives for retail, restaurant, entertainment, 20 residential and office facilities and the construction ofthree soundstages along the 21 northeast New York Avenue corridor, to offer tax credits to employers who hire District 22 residents, to provide a rental tax abatement for any retail and non-retail business, to create 23 a job training program to prepare and to train District residents for the jobs created 24 pursuant to this act, and to require a DC Streetcar Line be built along Bladensburg Road 25 that connects with the H Street DC Streetcar Line. 26 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 27 act may be cited as the "New York Avenue Gateway Hotel Development and Financial 28 Incentives Act of2013". 29 Sec. 2. Findings. 30 The Council of the District of Columbia finds that: 1

2 1 (1) The District welcomed a record 17.9 million tourists and visitors in (2) In 2011, tourists and visitors spending totaled $6 billion which represented 3 more than $662 million in tax revenue. 4 (3) However, most tourists and visitors stay in hotels in Maryland and Virginia 5 when they visit the Nation's Capital because most tourists and visitors cannot afford the rates of 6 most ofthe District's hotels. 7 (4) The average nightly rate ofa hotel in the District is $ (5) The average nightly rate ofa hotel in suburbia Maryland and Virginia is $ (6) There is a small number of medium-priced hotels in the District for middle 10 and moderate income families. 11 (7) According to study done by Metropolitan Research & Economics ("MR+E"), 12 for every dollar spent on output from filming activity an additional $.345 ofeconomic output is 13 created across all sectors ofthe Washington, D.C. economy. Furthermore, every dollar spent 14 creates $.13 in earnings by households in Washington, D.C. across all sectors ofthe economy. 15 (8) Each $1 million in direct expenditures by motion picture producers supports full-time equivalent employment positions across all sectors. 17 (9) Every dollar the District spends on a film production, it generates $2.64 in 18 revenue. 2

3 1 (10) The direct impact of motion picture productions include the employment ofa 2 local workforce, the need for local materials and supplies, the generation of occupancy at area 3 hotels, and increased restaurant and retail revenues. 4 (11) The most notable indirect impact of film production is increased tourism. 5 (12) Three new soundstage facilities in Washington, D.C. would extend the stay 6 ofa feature film, accommodate episodic television, and accommodate business services which 7 would all create a major positive economic impact for the City. 8 (13) According to MR +E, one ofthe most ideal location for the construction of a 9 soundstage in the District is the New York Avenue Corridor. The area has the advantage of 10 having a supply industrial zoned property and is accessible by a regional highway network and 11 the Baltimore-Washington Parkway. 12 Sec. 3.Definitions 13 For the purposes ofthis act, the term: 14 (1) "Construction Date" shall mean the date commenced on project. 15 (2) "Hotel Project" shall mean the acquisition, development, construction, 16 installation and equipping, including financing, refinancing, or reimbursing of costs incurred for 17 the building of a hotel in the New York A venue Gateway Development Zone, consisting of: 18 (A) A two-star hotel establishment with a minimum capacity of 100 or 19 more rooms and the accompanying amenities that are commonly associated with a two-star hotel 20 in the marketplace; and 3

4 1 (B) A three-star hotel establishment with a minimum capacity of 100 or 2 more rooms and the accompanying amenities that are commonly associated with a three-star 3 hotel in the marketplace. 4 (3) "New York A venue Gateway Development Zone" shall mean the area from the 5 intersection ofnew York Avenue, N.E., east along New York Avenue, N.E. (both sides), 6 including the Capital City Market as defined in Section 2 ofthe New Town Capital City Market 7 Revitalization Development and Public/Private Partnership Act of 2006 effective March 14th, (D.C. Law ; D.C. Official Code (1)) et seq. and in the Office ofplanning 9 Florida Avenue Market Small Area Plan approved by the Council of the District of Columbia on 10 October 6, 2009 (R ) to the Maryland border, and North along Bladensburg Road, NE to 11 South Dakota Avenue, NE, East on South Dakota A venue, to the Maryland border and South 12 along the Maryland border to New York A venue, NE. 13 (4) "Non-retail" shall mean the leasing of office, warehouse or other space by a 14 qualified tenant. 15 (5) "Qualified Tenant" shall mean a tenant that signs a lease of at least three to 16 five years and makes a minimum investment ofthe corresponding value to the rental tax credit 17 per square foot. 18 (6)"Retail" shall mean the selling or otherwise disposing of tangible goods 19 directly to the ultimate user or consumer by a qualified tenant. 20 Sec. 4. Hotel development zone real property tax abatement and tax exemptions. 21 (a) For a three-star hotel project, as defined in section 3(2)(B) of this act, the property 22 taxes shall be frozen at the present assessed value at the time of the project's construction date. 4

5 1 The property taxes shall be frozen at the existing assessed value for a period of40 years as long 2 as the use ofthe property does not change. In the 41st year, the owner shall begin paying taxes 3 at one year increments for a period of40 years until the District's actual assessed value is 4 reached. 5 (d) For a two-star hotel, as defined in section 3(2)(A) ofthis A\act, the property taxes 6 shall be frozen at the present assessed value at the time ofthe project's construction date. The 7 property taxes shall be frozen at the existing assessed value for a period of 30 years as long as 8 the use of the property does not change. In the 31 st year, the owner shall begin paying taxes at 9 one year increments for a period of 30 years until the District's actual assessed value is reached. 10 (e) For a hotel that was constructed within the last 10 years, the owner may apply for a 11 real property tax abatement in the appropriate category and the property taxes shall be frozen at 12 the existing assessed value and the process set forth in subsections (a) or (b) ofthis section shall 13 be followed. 14 (f) This section shall be in addition to and not in lieu of, any other tax relief or assistance 15 from any other source applicable to the project, nor shall it prevent or restrict the developer from 16 utilizing any other tax, development or economic incentives available to the developer including 17 the supermarket tax incentives set forth in Chapter 38 of Title 47 ofthe District of Columbia 18 Official Code. 19 Sec. 5. Flat tax rate. 20 (a) All fees to be paid, and any deposits to be made by or on behalf of the developer and 21 investors in connection with a hotel project are hereby waived. 5

6 1 (b) The amount ofall taxes, fees and deposits exempt, abated or waived under this 2 subsection and D.C. Code (17), (26), , , , and (28), shall be replaced with a flat rate tax of 5 percent which shall be imposed on the 4 total gross revenues ofexisting and new businesses in the New York A venue Gateway 5 Development Zone. 6 (c) Subsection (b) ofthis section shall sunset 20 years after the effective date ofthis act. 7 Sec. 6. Film and television production facilities. 8 (a) The District shall facilitate with private developers the construction oftwo 9 soundstages with a minimum of7,000 square feet and one soundstage with a minimum of 10 20,000 square feet. However, if a soundstage is constructed elsewhere in the district with the 11 minimum square feet required by this act that soundstage(s) shall reduce the number of 12 soundstages that the District shall facilitate construction in the New York A venue Gateway 13 Development Zone pursuant to this act. 14 (b) All soundstages constructed pursuant to subsection (a) ofthis section shall be eligible 15 for all incentives provided under the Film DC Economic Incentive Act of2006, effective March 16 14,2007 (D.C. Law ; D.C. Official Code et seq). 17 (c) The District shall examine other financial subsidies that maybe available to help 18 facilitate the construction of soundstages that will result in investors making a reasonable return 19 on their investments and will generate jobs and revenue for the District. 20 Sec.7. Local employment tax credits. 21 (a) Qualified employers in the New York Avenue Gateway Development Zone shall be 22 eligible for an employment tax credit ofup to 20 percent ofthe first $15,000 in wages paid to 6

7 1 D.C. residents or up to $3,000 per employee per year. This credit shall be available for each 2 qualified employee for up to 10 consecutive years and shall be limited to D.C. residents. The tax 3 credit shall be capped at $1.5 million for each employer. 4 (b) A qualified employee is a District resident who is employed at least 35 hours each 5 week or who renders any other standard of service generally accepted by industry custom or 6 practice as full-time employment. 7 (c) This section ofthe Act shall sunset 10 years after the effective date ofthis act. 8 Sec. 8. Rental tax abatement incentive. 9 Chapter 47-XXXX is amended by adding a new paragraph to read as follows: 10 (1) A tax credit of $2.50 per square foot shall be given for a qualified tenant in the 11 retail and non-retail business located in the New York Avenue Gateway Development Zone. 12 (2) This tax credit provided in subsection (a) of this section shall be available for 13 up to 5 consecutive years. 14 (3) The tax credit provided in subsection (a) of this section shall sunset 15 years 15 after the effective date of this act. 16 Sec.9. Training program and jobs. 17 (a) There shall be a training program established to train and prepare District residents for 18 the jobs opportunities created in the New York Avenue Gateway Hotel Development Zone 19 pursuant to this Act. 20 (b) The training programs(s) shall be funded by the District with additional funding 21 provided by the development community. The amount of funding to be provided by developers 7

8 1 shall be negotiated and agreed to by the Mayor and the developer of each project, taking the 2 project and all related factors into consideration. 3 (c) If the Mayor determines that an existing training program(s) is sufficient, the 4 objectives and the goals of subsection (a) of this act is met. 5 (d) Ward Five residents shall be given priority for the training program(s) and the jobs 6 created in the New York Avenue Gateway Hotel Development Zone as a result of this act. 7 Sec. 10. Bladensburg road DC streetcar line. 8 (a) The District shall construct a DC Streetcar Line along Bladensburg Road, N.E. from 9 New York Avenue, N.E. to H Street, N.E. to connect with the H Street DC Streetcar Line. 10 Sec. 11. Fiscal impact statement. 11 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 12 impact statement required by section 602( c )(3) of the District of Columbia Home Rule Act, 13 approved December 24, 1973 (87 Stat. 813; D.C. Official Code (c)(3»). 14 Sec. 12. Effective date. 15 This act shall take effect following approval by the Mayor (or in the event of veto by the 16 Mayor, action by the Council to override the veto), a 30-day period 0 Congressional review as 17 provided in section 602( c)(1) of the District of Columbia Home Rule Act, approve December 24, (87 Stat. 813; D.C. Official Code (c)(l), and publication in the District of 19 Columbia Register

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