D.C. Law 23-198. Advisory Neighborhood Commissions Participation in Planning and Development Amendment Act of 2020.

D.C. Law 23-198. Advisory Neighborhood Commissions Participation in Planning and Development Amendment Act of 2020.

AN ACT

To amend the Advisory Neighborhood Commissions Act of 1975 to ensure that Advisory Neighborhood Commissions are provided adequate notice and an opportunity to provide recommendations on comprehensive plans, including amendments to, or elements of, a comprehensive plan prior to the transmission of such plans to the Council for approval and to require the Office of Advisory Neighborhood Commissions to provide counseling, advice, resources, and staff support to address zoning, development, and planned unit development negotiations.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Advisory Neighborhood Commissions Participation in Planning and Development Amendment Act of 2020".

Sec. 2. The Advisory Neighborhood Commissions Act of 1975, effective March 26, 1976 (D.C. Law 1-58; D.C. Official Code § 1-309.01 et seq.) is amended as follows:

(a) Section 13(c)(1) (D.C. Official Code § 1-309.10(c)(1)), is amended to read as follows:

Amend § 1-309.10

"(c)(1)(A) In addition to those notices required in subsection (b) of this section, each agency, board, and commission shall provide to each affected Commission notice of the proposed action as required by subsection (b) of this section before:

"(i) The award of any grant funds to a citizen organization or group;

"(ii) The transmission to the Council of a proposed revenue bond issuance, comprehensive plan, amendment to a comprehensive plan, or element of a comprehensive plan; or

"(iii) The formulation of any final policy decision or guideline with respect to grant applications, requested or proposed zoning changes, variances, public improvements, licenses, or permits affecting the Commission area, the District budget and city goals and priorities, proposed changes in District government service delivery, and the opening of any proposed facility systems.

"(B) Each District of Columbia government entity shall maintain a record of the notices sent to each Commission pursuant to subsection (b) of this section.".

(b) Section 18(c) (D.C. Official Code § 1-309.15(c)) is amended as follows:

Amend § 1-309.15

(1) Paragraph (15) is amended by striking the phrase "; and" and inserting a semicolon in its place.

Amend § 1-309.15

(2) Paragraph (16) is amended by striking the period and inserting a semicolon in its place.

Amend § 1-309.15

(3) New paragraphs (17), (18), (19), and (20) are added to read as follows:

"(17) Advising Commissioners on issues including zoning, planning, design, development, and negotiations related to Planned Unit Developments as defined in 11-B DCMR § 100.2, or successor regulations;

"(18) Coordinating with other agencies to provide training and guidance on zoning, planning, and development issues to Commissions upon request;

"(19) Providing resources, analyses, and support to Commissions upon request, subject to availability, to support their work on issues including zoning, development, and negotiations on Planned United Developments as defined in 11-B DCMR § 119.1; and,

"(20) Maintaining a publicly accessible database of all community benefit agreements negotiated by Commissions and concluded after the applicability date of the Advisory Neighborhood Commissions Participation in Planning and Development Amendment Act of 2020, passed on 2nd reading on December 1, 2020 (Enrolled version of Bill 23-245).".

Sec. 3. Applicability.

(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) 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.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this act.

Sec. 4. 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. 5. Effective date.

The 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.