§ 2–1225.02. Transition to District control.

(a)(1) The Mayor may transfer any contract of the AWC, NCRC, or any of their subsidiaries, which include the RLARC, the SWDC, the SWHC, and the Economic Development Finance Corporation (“EDFC”), established by § 2-1207.03 (repealed by section 7 of D.C. Law 14-213, effective October 19, 2002), to the District’s contracting and procurement system. Any lawful contracts of the AWC and the NCRC not transferred by the Mayor under this subsection before October 1, 2007, shall be transferred to the District’s contracting and procurement system on October 1, 2007, pursuant to §§ 2-1225.11 and 2-1225.12.

(2) Notwithstanding paragraph (1) of this subsection, any rights and obligations existing under contracts to which either the AWC or the NCRC are parties shall not transfer to the District before October 1, 2007.

(b)(1) The Mayor may hire as an employee of the District government a person who was an employee of the AWC or the NCRC, or any of their subsidiaries, on July 20, 2007.

(2) Any employee of the NCRC or the AWC, or any of their subsidiaries, who was an employee on July 20, 2007, and who is not hired by the Mayor pursuant to paragraph (1) of this subsection, shall be entitled to 4 weeks severance pay, and one month’s COBRA premium for continued health care under the Consolidated Omnibus Budget Reconciliation Act of 1985, approved April 7, 1986 (Pub. L. No. 99-272; 100 Stat. 82).

(c) Any leave that an employee who is hired pursuant to this section accrued during his or her tenure with the AWC, the NCRC, or any of their subsidiaries, shall be credited to the employee once the employee is hired by the District. The accrued leave of the employee shall be allocated between sick leave and annual leave in such proportions as the Mayor considers appropriate.

(d) Each employee’s length of service at the AWC or the NCRC, or any of their subsidiaries, and the employee’s service with the District government, if such service was immediately prior to the employee’s service with the AWC or the NCRC, shall be counted as creditable District government service for vesting in the District’s retirement program and for the rate at which the employee accrues annual leave.

(e) If an employee is hired by the District government under this section and was employed by the District government immediately prior to his or her employment with the AWC or the NCRC and funds were deposited into the employee’s District of Columbia retirement account during the employee’s term of employment with the District government and the deposited funds lapsed from the retirement account because of a break in employment with the District government caused by the employee’s service with the AWC or the NCRC, the deposited funds that lapsed shall be restored to the employee’s retirement account by the District.

(f)(1) The Mayor may increase the full-time equivalent authority of the executive branch by 40 to effectuate the objectives of the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689).

(2) Subject to Council approval by act, the Mayor may increase the full-time equivalent authority provided by this subsection.

(g)(1) The Mayor may transfer any unexpended balances of appropriations, allocations, income, or other funds available, including the Fiscal Year 2007 budget authority of the AWC and the NCRC, from the accounts and systems of the AWC and the NCRC to the District.

(2) All unexpended balances of appropriations, allocations, income, and other funds available, and the Fiscal Year 2007 budget authority of the AWC and the NCRC shall transfer to the District on October 1, 2007.

(3) Operating funds transferred pursuant to this subsection shall be deposited into the Economic Development Special Account established by § 2-1225.21.

(4) Capital funds transferred pursuant to this subsection shall be deposited into the capital accounts established by § 2-1225.22.

(h) The Mayor may transfer any property, records, rights, obligations, causes of action, legal or equitable title to any real property, or legal obligations of the NCRC and the AWC and any of their subsidiaries or predecessors in interest; provided, that all such property, records, rights, obligations, causes of action, legal and equitable title to any real property, or legal obligations under this subsection shall be transferred to the District on October 1, 2007, pursuant to §§ 2-1225.11 and 2-1225.12.

(i) The Mayor shall prepare and submit to the Council by July 12, 2007, a transition plan for the transfer of the functions, duties, powers, records, real and personal property, liabilities, and other rights, authorities, obligations, and assets from the NCRC and the AWC to the management and control of the Mayor.

(Mar. 26, 2008, D.C. Law 17-138, § 102, 55 DCR 1689; Sept. 14, 2011, D.C. Law 19-21, § 9027(a), 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 2022(a), 59 DCR 8025.)

Section References

This section is referenced in § 2-1225.11 and § 2-1225.12.

Effect of Amendments

D.C. Law 19-21, in subsec. (g)(3), substituted “General Fund of the District of Columbia” for “Economic Development Special Account established by § 2-1225.21”.

The 2012 amendment by D.C. Law 19-168 substituted “into the Economic Development Special Account established by § 2-1225.21” for “into the General Fund of the District of Columbia” in (g)(3).

Emergency Legislation

For temporary (90 day) addition, see § 102 of National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007 (D.C. Act 17-71, July 20, 2007, 54 DCR 7390).

For temporary (90 day) addition, see § 102 of National Capitol Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Congressional Review Emergency Act of 2007 (D.C. Act 17-152, October 18, 2007, 54 DCR 10900).

For temporary (90 day) amendment of section, see § 2(a) of Economic Development Special Account Revival Emergency Amendment Act of 2011 (D.C. Act 19-232, November 19, 2011, 58 DCR 10088).

For temporary (90 day) amendment of section, see § 2(a) of Economic Development Special Account Revival Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-305, February 21, 2012, 59 DCR 1677).

For temporary (90 day) amendment of section, see § 2022(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 2022(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Temporary Legislation

Section 2(a) of D.C. Law 19-89, in subsec. (g)(3), substituted “Economic Development Special Account established by section 301” for “General Fund of the District of Columbia”.

Section 5(b) of D.C. Law 19-89 provided that the act shall expire after 225 days of its having taken effect.

D.C. Law 17-53, § 102, added a section to read as follows:

“Sec. 102. Transition to District control.

“(a)(1) The Mayor may transfer any contract of the AWC, NCRC, or any of the subsidiaries, which include the RLARC, the SWDC, the SWHC, and the Economic Development Finance Corporation (‘EDFC’), to the District’s contracting and procurement system. Any lawful contracts of the AWC and the NCRC not transferred by the Mayor under this subsection before October 1, 2007, shall be transferred to the District’s contracting and procurement system on October 1, 2007, pursuant to sections 201 and 202.

“(2) Notwithstanding paragraph (1) of this subsection, any rights and obligations existing under contracts to which either the AWC or the NCRC are parties shall not transfer to the District before October 1, 2007.

“(b)(1) The Mayor may hire as an employee of the District government a person who was an employee of the AWC or the NCRC, or any of their subsidiaries, on the effective date of the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007, effective July 20, 2007 (D.C. Act 17-71; 54 DCR 7390).

“(2) Any employee of the NCRC or the AWC, or any of their subsidiaries, who is an employee on July 20, 2007, and who is not hired by the Mayor pursuant to paragraph (1) of this subsection, shall be entitled to 4 weeks severance pay, and one month’s COBRA premium for continued health care under the Consolidated Omnibus Budget Reconciliation Act of 1985, approved April 7, 1986 (Pub. L. No. 99-272; 100 Stat. 82).

“(c) Any leave that an employee who is hired pursuant to this section accrued during his or her tenure with the AWC, the NCRC, or any of their subsidiaries, shall be credited to the employee once the employee is hired by the District. The accrued leave of the employee shall be allocated between sick leave and annual leave in such proportions as the Mayor considers appropriate.

“(d) Each employee’s length of service at the AWC or the NCRC, or any of their subsidiaries, and the employee’s service with the District government, if such service was immediately prior to the employee’s service with the AWC or the NCRC, shall be counted as creditable District government service for vesting in the District’s retirement program and for the rate at which the employee accrues annual leave.

“(e) If an employee is hired by the District government under this section and was employed by the District government immediately prior to his or her employment with the AWC or the NCRC and funds were deposited into the employee’s District of Columbia retirement account during the employee’s term of employment with the District government and the deposited funds lapsed from the retirement account because of a break in employment with the District government caused by the employee’s service with the AWC and the NCRC, the deposited funds that lapsed shall be restored to the employee’s retirement account by the District.

“(f)(1) The Mayor may increase the full-time equivalent authority of the executive branch by 40 to effectuate the objectives of this act.

“(2) Subject to Council approval by act, the Mayor may increase the full-time equivalent authority provided by this subsection.

“(g)(1) The Mayor may transfer any unexpended balances of appropriations, allocations, income, or other funds available, including the Fiscal Year 2007 budget authority of the AWC and the NCRC, from the accounts and systems of the AWC and the NCRC to the District.

“(2) All unexpended balances of appropriations, allocations, income, and other funds available, and the Fiscal Year 2007 budget authority of the AWC and the NCRC shall transfer to the District on October 1, 2007.

“(3) Operating funds transferred pursuant to this subsection shall be deposited into the Economic Development Special Account Fund established by section 301.

“(4) Capital funds transferred pursuant to this subsection shall be deposited into the capital accounts established by section 301.

“(h) The Mayor may transfer any property, records, rights, obligations, causes of action, legal or equitable title to any real property, or legal obligations of the NCRC and the AWC and any of their subsidiaries or predecessors in interest; provided, that all such property, records, rights, obligations, causes of action, legal and equitable title to any real property or legal obligations under this subsection shall be transferred to the District on October 1, 2007, pursuant to sections 201 and 202.

“(i) The Mayor shall prepare and submit to the Council by July 12, 2007, a transition plan for the transfer of the functions, duties, powers, records, real and personal property, liabilities, and other rights, authorities, obligations, and assets from the NCRC and the AWC to the management and control of the Mayor.”

Section 702(b) of D.C. Law 17-53 provides that the act shall expire after 225 days of its having taken effect.

Delegation of Authority

Delegation of authority to National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007, see Mayor’s Order 2007-172, July 25, 2007 ( 54 DCR 11600).

Delegation of Personnel Authority and Hiring of Employees Pursuant to the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007, effective July 20,2007 (D.C. Act 17-71), see Mayor’s Order 2007-182, August 8, 2007 ( 54 DCR 11616).

Delegation of Personnel Authority and Hiring of Employees Pursuant to the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Clarification Emergency Act of 2007, D.C. Act 17-71, effective July 20, 2007, see Mayor’s Order 2007-195, August 24, 2007 ( 54 DCR 11633).