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. |