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| 3 | 3 | | |
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| 4 | 4 | | __________________________ 1 |
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| 5 | 5 | | Chairman Phil Mendelson 2 |
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| 6 | 6 | | 3 |
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| 7 | 7 | | 4 |
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| 8 | 8 | | 5 |
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| 9 | 9 | | A BILL 6 |
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| 10 | 10 | | 7 |
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| 11 | 11 | | _________ 8 |
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| 12 | 12 | | 9 |
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| 13 | 13 | | 10 |
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| 14 | 14 | | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11 |
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| 15 | 15 | | 12 |
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| 16 | 16 | | __________________ 13 |
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| 17 | 17 | | 14 |
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| 18 | 18 | | 15 |
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| 19 | 19 | | To amend the Urban Forest Preservation Act of 2002 to change the definition of a Special Tree, 16 |
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| 20 | 20 | | increase the fee for removal of Special Trees, establish a fee for the removal of Heritage 17 |
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| 21 | 21 | | Trees, and limit the use of the Tree Fund for plantings on public property. 18 |
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| 22 | 22 | | 19 |
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| 23 | 23 | | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20 |
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| 24 | 24 | | act may be cited as the “Tree Preservation Enhancement Amendment Act of 2023”. 21 |
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| 25 | 25 | | Sec. 2. The Urban Forest Preservation Act of 2002, effective June 12, 2003 (D.C. Law 22 |
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| 26 | 26 | | 14-309; D.C. Official Code § 8-651.01 et seq.), is amended as follows: 23 |
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| 27 | 27 | | (a) Section 102(5) (D.C. Official Code § 8-651.02) is amended by striking the phrase “44 24 |
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| 28 | 28 | | inches” and inserting the phrase “25 inches” in its place. 25 |
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| 29 | 29 | | (b) Section 104(b)(3) (D.C. Official Code § 8-651.04(b)(3)) is amended to read as 26 |
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| 30 | 30 | | follows: 27 |
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| 31 | 31 | | “(3) Paid into the Tree Fund an amount for each inch of the circumference of the Special 28 |
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| 32 | 32 | | Tree in question of not less than: 29 |
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| 33 | 33 | | “(A) $55 when the applicant is the owner of a property receiving the homestead 30 |
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| 34 | 34 | | deduction pursuant to D.C. Official Code § 47-850; or 31 |
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| 35 | 35 | | “(B) $100 when the applicant is the not owner of a property that is receiving the 32 |
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| 36 | 36 | | homestead deduction pursuant to D.C. Official Code § 47-850.”. 33 |
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| 37 | 37 | | 2 |
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| 38 | 38 | | |
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| 39 | 39 | | (c) Section 104a (D.C. Official Code § 8-651.04a) is amended as follows: 34 |
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| 40 | 40 | | (1) Subparagraph (b)(1)(A) is amended by striking the phrase “; or” and inserting 35 |
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| 41 | 41 | | a semicolon in its place. 36 |
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| 42 | 42 | | (2) Subparagraph (b)(1)(B) is amended by striking the phrase “removal.” and 37 |
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| 43 | 43 | | inserting the phrase “removal; or” in its place. 38 |
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| 44 | 44 | | (3) A new subparagraph (b)(1)(C) is added to read as follows: 39 |
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| 45 | 45 | | “(C) Paid into the Tree fund: 40 |
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| 46 | 46 | | “(i) An amount not less than $350 for each inch of the 41 |
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| 47 | 47 | | circumference of the Heritage Tree in question; or 42 |
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| 48 | 48 | | “(ii) An amount not less than $250 for each inch of circumference 43 |
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| 49 | 49 | | of the Heritage Tree in question and established a perpetual conservation easement on a portion 44 |
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| 50 | 50 | | of land in the District, of a size in square feet, equal to the diameter of the Heritage Tree in 45 |
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| 51 | 51 | | question in inches multiplied by three.”. 46 |
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| 52 | 52 | | (4) Subsection (c) is amended by striking “$300” and inserting “$500” in its 47 |
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| 53 | 53 | | place. 48 |
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| 54 | 54 | | (d) Section 107(b)(1)(A) (D.C. Official Code § 8-651.07) is amended by striking the 49 |
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| 55 | 55 | | phrase “school property” and inserting the phrase “school property, in an annual amount not to 50 |
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| 56 | 56 | | exceed 25% of the running five-year average of the receipts of the fund” in its place. 51 |
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| 57 | 57 | | Sec. 4. Fiscal impact statement. 52 |
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| 58 | 58 | | The Council adopts the fiscal impact statement in the committee report as the fiscal 53 |
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| 59 | 59 | | impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, 54 |
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| 60 | 60 | | approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)). 55 |
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| 61 | 61 | | Sec. 5. Effective date. 56 |
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| 62 | 62 | | 3 |
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| 63 | 63 | | |
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| 64 | 64 | | This act shall take effect following approval by the Mayor (or in the event of veto by the 57 |
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| 65 | 65 | | Mayor, action by the Council to override the veto), a 60-day period of congressional review as 58 |
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| 66 | 66 | | provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 59 |
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| 67 | 67 | | 24, 1973 (87 Stat. 788; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of 60 |
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| 68 | 68 | | Columbia Register. 61 |
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