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Comprehensive Plan Amendment Act of 2002
Bill 14-602

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Chairman Linda W. Cropp, at the request of the Mayor

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Chairman Linda W. Cropp, at the request of the Mayor, introduced the following bill which was referred to the Committee of the Whole.

To amend the District of Columbia Comprehensive Plan Act of 1984 to change the date by which the Mayor must submit amendments to the District of Columbia Comprehensive Plan, and to change the date by which the Mayor must submit a report on the progress made in implementing the land use element of the Comprehensive Plan to the Council.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the "Comprehensive Plan Amendment Act of 2002".

Sec. 2. The regulations for the District of Columbia Comprehensive Plan, adopted pursuant to section 2(a) of the National Capital Planning Act of 1952, as amended by section 203 of the Home Rule Act, approved December 24, 1973 (87 Stat. 779; D.C. Official Code §2-1002(a)(3), and the District of Columbia Comprehensive Plan Act of 1984 (Act), effective April 10, 1984 (D.C. Law 5-76; D.C. Official Code § 1-301.62 et seq.) are amended as follows:

(a) 10 DCMR is amended as follows:

(1) 10 DCMR 107.2(a) is amended by striking the year "2000" and inserting the year "2003" in its place;

(2) 10 DCMR 107.3(a) is amended by striking the year "2002" and inserting the year "2005" in its place;

(3) 10 DCMR 121.2 is amended by striking the year "2002" and inserting the year "2005" in its place; and

(4) 10 DCMR 122.1 is amended by striking the year "2001" and inserting the year "2004" in its place.

(b) Section 8 of the Act (D.C. Official Code § 1-301.65) is amended as follows:

(1) Subsection (b) is amended by striking the year "2000" and inserting the year "2003" in its place; and

(2) Subsection (d) is amended by striking the year "2002" and inserting the year "2005" in its place.

Sec. 3. 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. 4. Effective date.

(a) Except as provided in subsection (b), 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), and 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.

(b) No District element of the Comprehensive Plan for the National Capital shall take effect until it has been reviewed by the National Capital Planning Commission as provided in section 2(a) of the National Capital Planning Act of 1952, as amended by section 203 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 779; D.C. Official Code § 2-1002(a)) and section 423(b) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 792; D.C. Official Code § 1-204.23)(b)).

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COMPREHENSIVE PLAN AMENDMENT ACT OF 2002
SECTION BY SECTION ANALYSIS

The purpose of the "Comprehensive Plan Amendment Act of 2002" is to change the date by which the Mayor must submit amendments to the District of Columbia Comprehensive Plan to the Council of the District of Columbia and to change the date by which the Mayor must submit a report on the progress made by the government of the District of Columbia in implementing the Land Use Element of the Comprehensive Plan.

The District Elements of the Comprehensive Plan for the Nation's Capital, referred to as the "District of Columbia Comprehensive Plate' were first adopted in 1984-85 and amended in 1989, 1994 and 1998. The current language calls for the Mayor to submit proposed legislation to amend the Comprehensive Plan no later than March 31, 2002, and subsequently not less frequently than once every four (4) years, ending on March 3 1 " of every fourth year. However, there has been increasing concern in the Executive Branch, the Council and the community about the current format, content and process for adopting the Comprehensive Plan.

The Office of Planning and community, business and institutional representatives have discussed these issues. The Mayor and Council members have also discussed how to improve the usefulness of the Comprehensive Plan. As a result of these discussions, there is a general consensus that, rather than proceed with the current amendment cycle, the opportunity of the amendment process be used productively to undertake a thorough and inclusive review of the current Comprehensive Plan and comprehensive planning process. The "Comprehensive Plan Amendment Act of 2002" extends the present date for the Mayor to submit amendments to the Comprehensive Plan. The Mayor will also request the Council to adopt a resolution that outlines the concerns with the present Comprehensive Plan and process and provides a framework for undertaking the review of the Plan and process. The existing Comprehensive Plan is adopted as 10 DCMR.

Section 2(a)(1) amends 10 DCMR 107.2 by striking the year "2000" and inserting the year "2003" in its place. The effect of this change is to require that, not less frequently than once every four (4) years, beginning March 31, 2003, the Mayor shall submit to the Council a report, accompanied by a proposed resolution, on the progress made by the government of the District of Columbia in implementing the Land Use Element of the Comprehensive Plan. Since the current wording begins this cycle not later than March 31, 2000, the next report would be due not later than March 31, 2004. The erect of this change is to make the next progress report due not later than March 31, 2003, with a report due not later than every four years after that date (i.e. the following progress report would be due not later than March 31, 2007).

Section 2(a)(2) amends 10 DCMR 1073(a) by striking the year "2002" and inserting the year "2005" in its place. The effect of this change is to require that, not less frequently than once every four (4) years, beginning March 31, 2005, the Mayor shall submit to the Council proposed legislation to amend the Comprehensive Plan. Since the current wording begins this cycle not later than March 31, 2002, the effect of this change is to move the date when the Mayor must submit proposed legislation to, amend the Comprehensive Plan to March 31, 2005. After the study is completed, the amendment process might move on a schedule to allow an earlier submittal date. The wording remains in Section 2(a)(2) that allows the Mayor to submit proposed legislation to amend the Comprehensive Plan at any other time that the Mayor determines to be necessary.

Section 2(a)(3) amends 10 DCMR 121.2 by striking the year "2002" and inserting the year "2005" in its place. Section 121 deals with the Comprehensive Plan amendment cycle. Section 121.2 now provides that each Comprehensive Plan amendment cycle shall end on March 315` of every fourth years, beginning March 31, 2002. Since the revision to Section 2(a)(2), noted above, changed the date by which the Mayor must submit amendments to the Comprehensive Plan from March 31, 2002 to March 31, 2005, this change to Section 2(a)(3) makes this section conform to the new date.

Section 2(a)(4) amends 10 DCMR 122.1 by striking the year "2041" and inserting the year "2004" in its place. Section 122.1 establishes a Comprehensive Plan review period for the purpose of receiving and reviewing proposed amendments. This period shall be fore three (3) months ending no later than September 30th of every fourth year. The September 3& date is in the year preceding the year when the Mayor must submit proposed amendments to the Council. Since the date by which amendments must be submitted is being changed to March 30, 2005, this date is changed to September 30, 2004.

Section 2(b)(1) amends Section 8 of the Act (D.C. Official Code §1-301.65) by striking the year "2000" and inserting the year "2003" in its place. This is the change of the date for the submission of the progress report on implementing the Land Use Element of the Comprehensive Plan, as discussed above.

Section 2(b)(2) amends Section 8 of the Act (D.C. Official Code §1-301.65) by striking the year "2002" and inserting the year "2005" in its place. This is the change of date by which the Mayor must submit amendments to the Comprehensive Plan from March 31, 2002 to March 31, 2005, as discussed above.

Sec. 3 is standard language indicating that 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.

Sec. 4 is standard language dealing with the effective date of the legislation. Section 4 (a) deals with the approval of the Mayor, a 30-day period of Congressional review and publication in the District of Columbia Register. Section 4 (b) provides that no District element of the Comprehensive Plan shall take effect until it has been reviewed by the National Capital Planning Commission as provided for in the National Capital Planning Act of 1952, as amended by section 203 of the District of Columbia Home Rule Act.

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