Bill Summary – FastDemocracy

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                                                                 Councilmember Robert C. White, Jr.

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     Councilmember Anita Bonds                                        Councilmember Mary M. Cheh

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 Councilmember Brianne K. Nadeau                                Councilmember Elissa Silverman

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                                                                   Councilmember Charles Allen

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                                             ABILL

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                    IN THE COUNCIL OF THE DISTRICT OF COLUMBIA.

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 To amend the Urban Forest Preservation Act of 2002 to provide additional protections for tress

        located on public space and expand the District of Columbias tree canopy.

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

 act may be cited as the Public Tree Protection and Canopy Expansion Amendment Act of

 2020.

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        Sec. 2. Section 13(c) of the Advisory Neighborhood Commissions Act of 1975, effective

 October 10, 1975 (D.C. Law 1-21; D.C. Official Code  1-309.10(c)) is amended by adding a

 new paragraph (5) to read as follows:

               (5) Agencies, as defined in section 301(1) of the District of Columbia

 Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-

 139; D.C. Official Code  1-603.01(1)), boards and commissions, as defined in section 301(2) of

 the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective

 March 3, 1979 (D.C. Law 2-139; D.C. Official Code  1-603.01(1)), or public utility companies

 shall give 30-days written notice, excluding Saturdays, Sundays, and legal holidays,ofthe intent

 to remove a Heritage Tree, as that term is defined in section 102(3A)ofthe Urban Forest

 Preservation Act of 2002, effective June 12, 2003 (D.C. Law 14-309; D.C. Official Code  8-

 651.02(3A)), and the reason for the proposed removal to the OANC, the affected Advisory

 Neighborhood Commission, the Advisory Neighborhood Commissioner representing the single-

 member district containing the impacted Heritage Tree, and the affected Ward Councilmember,

 and the notice shall be published in the District of Columbia Register..

        Sec. 3. The Urban Forest Preservation Act of 2002, effective June 12, 2003 (D.C. Law

 14-309; D.C. Official Code  8-651.01, ef seg.) is amended as follows:

        (a) Section 102 (D.C. Official Code  9-651.02) is amended as follows:

                (1) Paragraph (1) is redesignated as paragraph (1B)

                (2) New paragraphs (1) and (1A) are added to read as follows:

                (1) Agency shall have the same meaning as provided in section 301(1)ofthe

 District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March

 3, 1979 (D.C. Law 2-139; D.C. Official Code  1-603.01(1)).

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                (1A) Boards and commissions shall have the same meaning as provided in

 section 301 (2) of the District of Columbia Government Comprehensive Merit Personnel Act of

 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code  1-603.01(1))..

        (b) Section 104 (D.C. Official Code  8-651.04) is amended by adding a new subsection

 (c-1) to read as follows:

        (c-1) Agencies, boards and commissions, or public utility companies that top, cut down,

  remove, girdle, break, or destroy a Special Tree on public space must either:

nR                  (1) Plant at least two trees for each tree impacted within the same Advisory

B    Neighborhood Commission single-member district of the affected Special Tree; or

                 (2) Pay into the Tree Fund an amount determined by the Mayor to be sufficient

 for the purpose ofplanting two trees for each tree impacted..

        (b) Section 104a (D.C. Official Code  8-651.04a) is amended as follows:

                (1) Subsection (b) is amended by adding a new paragraph (3) to read as follows:

                (3) Agencies, boards and commissions, or public utility companies that cut

 down, top, girdle, break, or destroy a Heritage Tree on public space must either:

                        (A) Plant at least four trees for each tree impacted within the same

 Advisory Neighborhood Commission single-member district of the affected Heritage Tree; or

                        (B) Pay into the Tree Fund an amount determined by the Mayor to be

 sufficient for the purposeofplanting four trees for each tree impacted..

                (2) A new subsection (b-1) is added to read as follows:

        (b-1) Agencies, boards and commissions, and public utility companies may not cut

 down or remove a Heritage Tree on public space unless either:

                (1) The Heritage Tree meets one of the following criteria:

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                          (A) The Heritage Tree is determined to be a Hazardous Tree, by a certified

 nongovernment arborist; or

                           (B) A certified nongovernment arborist confirms that the Heritage Tree in

 question is shown to beof a species that has been identified, by regulation, as appropriate for

 removal; or

                (2) The agency, board, commission, or public utility company provides the notice

 required by Section 13(c)(5)ofthe Advisory Neighborhood Commissions Act of 1975, effective

 October 10, 1975 (D.C. Law 1-21; D.C. Official Code  1-309.10(c)(5)).-

         (c) Section 105 (D.C. Official Code  8-651.05) is amended as follows:

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

                          (A) Strike the phrase Hazardous Tree, and insert the phrase Hazardous

 Tree, or Heritage Tree subject to the notification requirement in section 104a(b-1)(2), in its

 place

                          (B) Strike the number 15 and insert the number 30 in its place.

                (2) Subsection (b) is amended by striking the number 20 and inserting the

 number 30 in its place.

         (d) Section 107 (D.C. Official Code 8-651.07) is amended to add a new subsection (b-2)

 to read as follows:

         (b-2)(1) With any funds paid into the Tree Fund pursuant to section 104(c-1)(2), the

 Mayor shalll for each Special Tree topped, cut down, girdled, broken, or destroyed, plant at least

 two trees within the same Advisory Neighborhood Commission single-member district ofthe

 affected Special Tree.

                (2) With any funds paid into the Tree Fund pursuant to section 104a(b)(3)(B) of

ll    this act, the Mayor shall for each Heritage Tree topped, cut down, girdled, broken, or destroyed,

 plant at least four trees within the same Advisory Neighborhood Commission single-member

 district ofthe affected Heritage Tree..

        Sec. 4. Fiscal impact statement.

        The Council adopts the fiscal impact statement in the committee report as the fiscal

 impact statement required by 4aof 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,

        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.