Bill Summary – FastDemocracy

MURIEL BOWSER

   MAYOR

September 18, 2023

The Honorable Phil Mendelson

Chairman

Council of the District of Columbia

John A. Wilson Building

Pennsylvania Avenue, NW, Suite 504

Washington, DC 20004

Dear Chairman Mendelson:

Enclosed for consideration and enactment by the Council of the District of Columbia is the "Sign

Regulation Amendment Act of 2023," the "Sign Regulation Temporary Amendment Act of 2023", and

the "Sign Regulation Emergency Amendment Act of 2023 ", along with an accompanying emergency

declaration resolution.

In 2022, the Council adopted emergency and temporary legislation, in response to a decision of the D.C.

Court of Appeals, to ratify and adopt certain previously issued sign regulations, clarify the rulemaking

process for sign regulations, and clarify the existing prohibition on off-premises advertising in Appendix

N of Title 12-A of the District of Columbia Municipal Regulations. The previously adopted temporary

legislation is scheduled to expire on October 6, 2023. The enclosed legislation will maintain the

substance of the earlier emergency and temporary legislation while permanent legislation is considered by

the Council.

I urge the Council to take prompt and favorable action on the enclosed legislation.

Enclosures

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                                                                           ~~~

                                                                       ~ P h i l Mendelson

                                                                   at the request of the Mayor

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                                              A BILL

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                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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 To amend Appendix N of Title 12-A of the District of Columbia Municipal Regulations to ratify

       and adopt certain sign regulations previously issued by the Chairperson of the

       Construction Codes Coordinating Board, the Director of the Department of Consumer

       and Regulatory Affairs, and the City Administrator, to amend An Act To regulate the

       erection, hanging, placing, painting, display, and maintenance of outdoor signs and other

       forms of exterior advertising within the District of Columbia and the Construction Codes

       Approval and Amendments Act of 1986 to clarify the rulemaking process for sign

       regulations, and to clarify the prohibition on off-premises advertising in Appendix N of

       Title 12-A of the District of Columbia Municipal Regulations .

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        BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

 act may be cited as the "Sign Regulations Amendment Act of 2023 ".

        Sec. 2. Adoption of previously promulgated sign regulations.

        (a) The Council hereby amends Appendix N of Title 12-A of the District of Columbia

 Municipal Regulations by ratifying and adopting each of the following emergency and final

 rules, which are incorporated by reference here:

                (1) The portion of the final rule adopted by the Chairperson of the Construction

 Codes Coordinating Board on March 20, 2014 that promulgated Appendix N of Title 12-A of the

 District of Columbia Municipal Regulations, which was published in the District of Columbia

 Register on March 28, 2014, at 61 DCR 2782, as corrected by errata notices published in the

 District of Columbia Register on May 23, 2014, at 61 DCR 5246, and on June 6, 2014, at 61

 DCR 5761 ;

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               (2) The portion of the emergency rule adopted by the Chairperson of the

 Construction Codes Coordinating Board on May 7, 2014 that amended Appendix N of Title 12A

 of the District of Columbia Municipal Regulations, which was published in the District of

 Columbia Register on May 9, 2014, at 61 DCR 4760;

               (3) The portion of the emergency rule adopted by the Chairperson of the

 Construction Codes Coordinating Board on August 29, 2014 that amended Appendix N of Title

 12-A of the District of Columbia Municipal Regulations, which was published in the District of

 Columbi a Register on August 29, 2014, at 61 DCR 8983;

               (4) The portion of the final rule adopted by the Chairperson of the Construction

 Codes Coordinating Board on December 15, 2015 that amended Appendix N of Title 12-A of the

 District of Columbia Municipal Regulations, which was published in the District of Columbia

 Register on January 2, 2015, at 62 DCR 103;

               (5) The final rule adopted by the Director of the Department of Consumer and

 Regulatory Affairs on March 14, 2016, which was published in the District of Columbia Register

 on April 22, 2016, at 63 DCR 6082;

               (6) The emergency rule adopted by the City Administrator on July 12, 2016,

 which was published in the District of Columbia Register on August 26, 2016, at 63 DCR 11000;

               (7) The emergency rule adopted by the City Administrator on November 4, 2016,

 which was published in the District of Columbia Register on November 4, 2016, at 63 DCR

 13718;

               (8) The emergency rule adopted by the City Administrator on March 4, 2017,

 which was published in the District of Columbia Register on March 3, 2017, at 64 DCR 2407;

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                 (9) The final rule adopted by the City Administrator on June 27, 2017, which was

 published in the District of Columbia Register on June 30, 2017, at 64 DCR 6105; and

                 (10) The portion of the final rule adopted by the Chairperson of the Construction

 Codes Coordinating Board on May 21, 2020 that promulgated Appendix N of Subtitle 12-A of

 the District of Columbia Municipal Regulations, which was published in the District of

 Columbia Register on May 29, 2020, at 67 DCR 5679.

         (b) Each rule ratified, adopted, and incorporated by reference in subsection (a) of this

 section shall apply retroactively to the date that the applicable notice of emergency or final

 rulemaking issued by the City Administrator, the Director of the Department of Consumer and

 Regulatory Affairs, or the Chairperson of the Construction Codes Coordinating Board indicated

 that the rule would take effect, and each such rule shall continue to apply after that date, except

 to the extent that:

                 (1) The ratification and adoption of another rule listed in subsection (a) of this

 section and made applicable after that date alters or supersedes the text of such rule;

                 (2) A rule duly issued after the effective date of this act alters or supersedes the

 text of such rule;

                 (3) Such rule (if an emergency rule) expires pursuant to the terms set forth in the

 applicable notice of emergency rulemaking; or

                 (4) Such rule is altered or superseded by the amendment set forth in section 4.

         (c) No criminal penalties may be imposed for an act or omission that predated the

 effective date of this act if that act or omission constitutes a violation of law as a result of the

 retroactive applicability of a rule ratified and adopted in subsection (a) of this section.

         Sec. 3. Clarification of sign rulemaking procedures.

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         (a) Section 1 of An Act To regulate the erection, hanging, placing, painting, display, and

 maintenance of outdoor signs and other forms of exterior advertising within the District of

 Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code§ 1-303.21), is amended

 as follows:

                 (1) Subsection (a) is amended as follows:

                        (A) Strike the phrase "The Mayor shall issue, amend, repeal and enforce

 rules governing the hanging, placing, painting, projection, display, and maintenance of signs on

 public space, public buildings, or other property owned or controlled by the District and on

 private property within public view within the District" and insert the phrase "The Mayor,

 pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October

 21, 1968 (82 Stat. 1204; D.C. Official Code§ 2-501 et seq.), shall issue a comprehensive

 rulemaking to update the rules governing the hanging, placing, painting, projection, display, and

 maintenance of signs on public space, public buildings, or other property owned or controlled by

 the District and on private property within public view within the District, and the Mayor may

 thereafter amend, repeal, and enforce such rules" in its place.

                        (B) Strike the phrase "The proposed rules" and insert the phrase

 "Proposed rules" in its place.

                        (C) Strike the phrase "The rules shall not" and insert the phrase "The

 proposed rules shall not" in its place.

                 (2) A new subsection (c) is added to read as follows:

        "(c) Until the issuance of a comprehensive final rulemaking pursuant to subsection (a) of

 this section, the Mayor may issue rules to update, amend, repeal, and enforce regulations

 regarding signs on public space, public buildings, or other property owned or controlled by the

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  District and on private property within public view within the District pursuant to section 10 of

  the Construction Codes Approval and Amendments Act of 1986, effective March 21 , 1987 (D.C.

  Law 6-216; D.C. Official Code§ 6-1409) .".

          (b) The Construction Codes Approval and Amendments Act of 1986, effective March 21,

  1987 (D .C. Law 6-216; D.C. Official Code§ 6-1401 et seq.), is amended as follows:

                  (1) Section 4(b) (D .C. Official Code§ 6-1403(b)) is amended by striking the

  phrase "interior signs or" and inserting the phrase "signs, advertising devices, and" in its place.

                  (2) Section l0(a) (D.C. Official Code§ 6-1409(a)) is amended as follows:

                          (A) Strike the phrase "The Mayor may issue proposed rules to amend the

  Construction Codes" and insert the phrase "The Mayor may issue rules to amend the

  Construction Codes" in its place.

                          (B) Strike the phrase "The proposed rules" and insert the phrase

  "Proposed rules" in its place.

                          (C) Strike the phrase "The rules shall not" and insert the phrase "The

7   proposed rules shall not" in its place.

          Sec. 4. Clarification of the prohibition on off-premises advertising.

          Section Nl0l .6 of Appendix N of Title 12-A of the District of Columbia Municipal

  Regulations is amended by striking the phrase "No sign subject to the provisions of Section

  NlOl" and inserting the phrase "No sign subject to the provisions of Section Nl0l, regardless of

  whether a permit is or was required for the erection of the sign and regardless of whether the sign

  was subject to the provisions of Section NI 0 1 at the time of its erection," in its place.

          Sec. 5. Fiscal impact statement.

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        The Council adopts the fiscal impact statement of the Chief Financial Officer 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. 6. 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)(l)), and publication in the District of

 Columbia Register..

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