5824770 Resolution 21-352, Gas Station Advisory Board Congressional Review Emergency Declaration Resolution of 2016

A RESOLUTION

                                                        

21-352

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

January 5, 2016        

 

To declare the existence of an emergency, due to congressional review, with respect to the need to amend the Retail Services Station Act of 1976 to provide that certain prohibitions on discontinuing or converting to another use a full service retail service station shall not apply to a retail service station for which an application was on file with the Zoning Commission between May 2, 2015 and August 1, 2015.

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Gas Station Advisory Board Congressional Review Emergency Declaration Resolution of 2016”.

 

Sec. 2. (a) In October 2014, the Council enacted the New Columbia Statehood Initiative and Omnibus Boards and Commissions Reform Amendment Act of 2014, effective May 2, 2015 (D.C. Law 20-271; 62 DCR 1884) (“Act”).

(b) Part 2 of Title II of the Act increased the prohibitions against conversion of a full-service retail service stations by adding the prohibition that such a station cannot be discontinued or be converted into any other use without a waiver.

(c)  It is important to protect the integrity of doing business in and with the District by protecting those businesses that were in the process of converting their property or business into a non-service station enterprise before the Act became law.

(d) In October 2015, the Council enacted the Gas Station Advisory Board Emergency Amendment Act of 2015, effective October 29, 2015 (D.C. Act 21-190; 62 DCR 14230) ("emergency legislation"), and the Gas Station Advisory Board Temporary Amendment Act of 2015, enacted November 24, 2015 (D.C. Act 21-212; 62 DCR 15610) ("temporary legislation"), which addressed the issue regarding businesses in the process of converting before the effectiveness of the Act.  

(e) The emergency legislation expires on January 27, 2016.   The temporary legislation is not projected to become law until January 29, 2016.

(f) It is important that the provisions of the emergency legislation continue in effect, without interruption, until the temporary legislation is in effect.

 

 

Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Gas Station Advisory Board Congressional Review Emergency Amendment Act of 2016 be adopted after a single reading.

 

Sec. 4. This resolution shall take effect immediately.