D.C. Law 24-20. Comprehensive Plan Amendment Act of 2021.
AN ACT
To amend the District of Columbia Comprehensive Plan Act of 1984 to reflect revised policies, actions, and determinations, to update the Future Land Use Map and the Generalized Policy Map accordingly, and to require the Mayor to transmit the Future Land Use Map and the Generalized Policy Map to the Council for approval and to publish the Comprehensive Plan; to amend the School Based Budgeting and Accountability Act of 1998 to require that every 10 years the Mayor prepare and submit to the Council for its review and approval a proposed comprehensive Master Facilities Plan for public education facilities; to require the Office of Planning to provide to the Council a report giving additional guidance with respect to Production Distribution and Repair land; to provide that the text, maps, and graphics of the District Elements of the Comprehensive Plan for the National Capital need not be published in the District of Columbia Register to become effective; and to provide that no element of the Comprehensive Plan for the National Capital shall take effect until it has been reviewed by the National Capital Planning Commission.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Comprehensive Plan Amendment Act of 2021".
Sec. 2. (a) [Text in District of Columbia Register]
(b) Section 7 (D.C. Official Code § 1-306.02) is amended by adding a new subsection (f) to read as follows:
"(f)(1) The Mayor shall transmit 2 generalized maps, a Future Land Use Map and a Generalized Policy Map, to the Council within 90 days of the effective date of the Comprehensive Plan Amendment Act of 2021, passed on 2nd reading on May 18, 2021 (Enrolled version of Bill 24-1) ("Act").
"(2) The maps transmitted under this section shall:
"(A) Incorporate the map amendments enacted in section 2(a)(4) and (5) of the Act;
"(B) Conform to the requirements of sections 225 through 228 of Chapter 200 ("the Framework Element") of the Comprehensive Plan;
"(C) Be printed at a scale of 1,500 feet to one inch;
"(D) Use standardized colors for planning maps;
"(E) Indicate generalized land use policies; and
"(F) Include a street grid and any changes in format or design to improve the readability and understanding of the adopted policies.
"(3)(A) The Council shall hold a public hearing to determine if the maps transmitted under this section conform to the requirements of paragraph (2) of this subsection. If the Council determines that a map transmitted under this section conforms as required, the Council shall approve the map by resolution.
"(B) If the Council determines that a map transmitted under this section does not conform to the requirements of paragraph (2) of this section, but requires corrections to conform, the Council shall approve the map by resolution, identifying the required corrections, and the Mayor shall publish a new map with the required corrections.".
(c) Section 9a (D.C. Official Code § 1 -306.05) is amended by adding a new subsection (d) to read as follows:
"(d) Within 90 days of the effective date of the Comprehensive Plan Amendment Act of 2021, passed on 2nd reading on May 18, 2021 (Enrolled version of Bill 24-1), the Mayor shall publish the Comprehensive Plan, as amended, in its entirety. The Comprehensive Plan shall be consolidated by the District of Columbia Office of Documents into a single new or replacement title of the District of Columbia Municipal Regulations to be designated by the District of Columbia Office of Documents. The Comprehensive Plan shall be published in the format furnished by the Mayor and need not conform to the Office of Documents' publication standards.".
Sec. 3. Master Facilities Plan.
Section 1104 (a) of The School Based Budgeting and Accountability Act of 1998, effective March 26, 1999 (D.C. Law 12-175; D.C. Official Code 38-2803(a)), is amended to read as follows:
"(a)(1) Beginning on December 15, 2017, and every 10 years thereafter, the Mayor shall prepare and submit to the Council for its review and approval a proposed comprehensive 10-year Master Facilities Plan for public education facilities, which shall comply with the requirements of this section. The Mayor's submission shall be accompanied by a proposed resolution to approve the Plan.
"(2) The Council shall conduct at least one public hearing on the proposed 10-year Master Facilities Plan before voting to approve or disapprove the Plan.
"(3) If the Council disapproves the proposed Plan, it shall state its reasons for disapproval or make recommendations in the disapproval resolution or in an accompanying legislative report. Thereupon, the Mayor shall submit a revised Master Facilities Plan within 180 days after the Council's disapproval.
"(4) If the Council approves the Master Facilities Plan, the Plan shall take effect no later than the first day of the succeeding fiscal year.
"(5) If, subsequent to Council approval of the Master Facilities Plan, material changes become necessary, the Mayor may modify the Plan; provided, that the modification shall be submitted to the Council, with an accompanying proposed resolution, for consideration in the same manner as specified in paragraphs (2), (3), and (4) of this subsection.
"(6) Notwithstanding paragraph (1) of this subsection, the Mayor shall prepare and submit to the Council by December 15, 2022, a proposed comprehensive 5-year Master Facilities Plan for public education facilities. The process for its review and approval shall be the same as provided in paragraphs (1) through (4) of this subsection.".
Sec. 4. PDR Retention Land Report
(a) No later than January 2024, the Office of Planning shall provide to the Council a report giving additional guidance on the following:
(1) Identification of the amount, location, and characteristics of land sufficient to meet the District's current and future needs for Production Distribution and Repair (PDR) land;
(2) Quantifiable targets for PDR land retention; and
(3) Strategies to retain existing and accommodate future PDR uses, particularly for high-impact uses.
(b) Further, the study will address the Council's concern that mixing other uses, particularly residential, with PDR uses will create economic conditions and land-use conflicts that will reduce land and areas available for PDR uses, particularly high-impact uses.
(c) Any strategies to expand PDR land designations or accommodate future PDR uses shall prioritize areas that do not currently have a disproportionate amount of PDR-designated land. Strategies should consider technological advances or efficiency measures to utilize PDR land more effectively. The study shall incorporate racial equity analyses.
(d) This study shall be completed prior to or concurrent with any future planning analyses in the New York Avenue, NW, corridor.
Sec. 5. Publication requirement exemption.
Notwithstanding section 8, subsection 308(b) of the District of Columbia Administrative Procedure Act, effective March 6, 1979 (D.C. Law 2-153; D.C. Official Code § 2-558(b)), and section 204 of the District of Columbia Codification Act of 1975, effective October 8, 1975 (D.C. Law 1-19; D.C. Official Code § 2-602), the text, maps, and graphics of the District elements of the Comprehensive Plan for the National Capital, as amended by this act, need not be published in the District of Columbia Register to become effective.
Sec. 6. Applicability.
(a) No District Element of the Comprehensive Plan for the National Capital shall apply 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, approved June 6, 1924 (43 Stat. 463; D.C. Official Code § 2-1002(a)), and section 423 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 792; D.C. Official Code § 1-204.23).
(b)(1) Sections 3 and 4 shall apply upon the date of inclusion of their fiscal effect in an approved budget and financial plan.
(2) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan and provide notice to the Budget Director of the Council of the certification.
(3)(A) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(B) The date of publication of the notice of the certification shall not affect the applicability of this act.
Sec. 7. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 8. Effective date
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), 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.
