(1) "Department" means the Department of Energy and Environment".
(2) "Horticultural techniques" means the scientific, artistic, and technological methods used to cultivate and manage an agricultural space, such as growing from the ground, hydroponics, container farming, vertical farming, or growing in greenhouses or raised beds.
(3) "Produce" means any substance produced for human consumption and nourishment using horticultural techniques, such as vegetables, fruits, grains, mushrooms, honey, herbs, nuts, seeds, and rootstock.
(3A) "Substantially free of contamination" means that the levels of arsenic, lead, and heavy metals in the soil fall within the acceptable parts per million range identified in regulations promulgated by the Mayor.
(4) "Urban farm" means any property in the District of Columbia that is used for the growing, cultivating, processing, and distributing of crops for profit, not for profit, or for educational purposes. The term "urban farm" shall not include backyard or community gardens.
(5) "Vacant land" means land located in the District of Columbia that:
(A) Consists of at least 2,500 contiguous square feet of unimproved land; and
(B) Is not the subject of a pending agreement for development or sale.
§ 48–402. Urban Farming and Gardens Program established. [Repealed]
Repealed.
§ 48–402.01. Urban Farming Land Lease Program.
(a) There is established within the Department the Urban Farming Land Lease Program ("Program"), which shall enable a qualified applicant identified pursuant to subsection (c) of this section to enter into a lease agreement with the District to create and maintain an urban farm on vacant land identified pursuant to subsection (b) of this section.
(b)(1) The Department shall, in consultation with the Department of General Services and the Office of Planning and no less frequently than annually, identify vacant land in the inventory of real property assets maintained pursuant to § 10-551.05, that is suitable for use as an urban farm.
(2) Before entering into a lease agreement under this section in which the lessee plans to grow produce in the site soil of the leased property, the Department shall test the site soil to determine whether the soil is substantially free of contamination.
(c) To be eligible for the Program, an applicant shall:
(1) At the time of submission of an application:
(A) Be a resident of the District; or
(B) In the case of an applicant that is not an individual, be organized or incorporated in the District;
(2) Have experience in agricultural production;
(3) Not be precluded from obtaining a license or permit pursuant to § 47-2862; and
(4) Meet any additional criteria the Department establishes pursuant to the rules issued pursuant to subsection (g) of this section.
(d) A lease agreement entered into pursuant to this section shall, at a minimum:
(1) Be for a base period of at least 5 years, and may have an option or options for the Department to renew the lease; provided, that no single option period shall have a duration of greater than 5 years and the total lease term, inclusive of all option periods, shall not exceed 14 years;
(2) Prohibit the sale or consumption of produce grown in the site soil of the leased property if the Department determines that the site soil is not substantially free of contamination;
(3) Permit the sale on or off the leased property of produce grown in the site soil of the leased property if the Department determines that the site soil is substantially free of contamination; and
(4) Permit the sale of produce on or off the leased property of produce grown at the property when the lessee:
(A) Does not plant in or use the site soil, but instead uses, for example, raised beds, greenhouses, or hydroponic towers; and
(B) Ensures that produce does not come into contact with the site soil.
(e) Property leased pursuant to this section shall be exempt from real property taxation and possessory interest taxation.
(f) The Department shall make available to the public on its website information on the Program, including:
(1) The list of available vacant land identified pursuant to subsection (b) of this section;
(2) A list of vacant land currently being leased under the Program; and
(3) Information on how applicants may apply to the Program.
Total real property tax abatements provided for certain urban farms established pursuant to § 47-868 and the tax-exempt status conferred by § 47-1005(c) shall not exceed $90,000 each year.
§ 48–402.03. Non-liability of the District.
Nothing in this subchapter shall be construed to create governmental liability or a cause of action against the District related to the safety of food produced on land leased from the District pursuant to this section.
§ 48–403. Mayor to propose rules; submission to Council; approval.
Within 90 days of February 28, 1987, the Mayor shall develop proposed rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council of the District of Columbia (“Council”) for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
Subchapter II. Local Food Economy Study.
§ 48–411. Local food economy study.
The Office of Planning shall conduct a study of the state of the local food economy. The focus of the study shall include:
(1) Obstacles and opportunities for new and existing businesses;
(2) Opportunities for job growth and workforce development;
(3) Geographic areas in the District that have a well-developed food economy;
(4) Geographic areas in the District that have a poorly developed food economy; and
(5) Opportunities for government investments to improve the local food economy.
