District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0097 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	ENROLLED ORIGINAL
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8		-	AN ACT
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10		-	____________
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12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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14		-	__________________
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17		-	To amend, on an emergency basis, the Small and Certified Business Enterprise Development and
18		-	Assistance Act of 2005 to require that for a business enterprise to be certified as a local
19		-	business enterprise it must be independently owned, operated , and controlled, more than
20		-	50% owned, operated, and controlled by a District-based enterprise or not -for-profit
21		-	business, or owned by a non- District- based business enterprise or not-for-profit business
22		-	that is more than 50% owned by District residents, and to require currently certified local
23		-	business enterprises that do not meet one of these requirements to be recertified.
24		-
25		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
26		-	act may be cited as the “Local Business Enterprise Clarification Emergency Amendment Act of
27		-	2023”.
28		-
29		-	Sec. 2. T he Small and Certified Business Enterprise Development and Assistance Act of
30		-	2005, effective October 20, 2005 (D.C. Law 16- 33; D.C. Official Code § 2-218.01 et seq .), is
31		-	amended as follows:
32		-	(a) Section 2331 (D.C. Official Code § 2- 218.31) is amended by adding a new paragraph
33		-	(1A) to read as follows:
34		-	“(1A)(A) Is:
35		-	“(i) Independently owned, operated, and controlled;
36		-	“(ii) More than 50% owned , operated, and controlled by a District-
37		-	based enterprise or not-for-profit business; or
38		-	“(iii) Owned by a non- District- based business enterprise or not -for-
39		-	profit business that is more than 50% owned by District residents.
40		-	“(B) For the purposes of this paragraph, the term “ Independently owned,
41		-	operated, and controlled” includes a business enterprise that manages and controls its day- to-day
42		-	operations without being subject to control, restriction, modification, or limitation by another
43		-	business enterprise or not-for-profit business that has an ownership or other financial interest in
44		-	the business enterprise.”.
45		-	(b) A new section 2331a (D.C. Official Code § 2-218.31a) is added to read as follows:
46		-	“Sec. 2331a. Grace period for compliance with section 2331(1A). ENROLLED ORIGINAL
47		-
	7	+	______________________________ 1
	8	+	Councilmember Kenyan R. McDuffie 2
	9	+	3
	10	+	4
	11	+	5
	12	+	A BILL 6
	13	+	7
	14	+	____________ 8
	15	+	9
	16	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 10
	17	+	11
	18	+	__________________ 12
	19	+	13
	20	+	14
	21	+	To amend, on an emergency basis, the Small and Certified Business Enterprise Development and 15
	22	+	Assistance Act of 2005 to require that for a business enterprise to be certified as a local 16
	23	+	business enterprise it must be independently owned, operated, and controlled, more than 17
	24	+	50% owned, operated, and controlled by a District-based enterprise or not-for-profit 18
	25	+	business, or owned by a non-District-based business enterprise or not-for-profit business 19
	26	+	that is more than 50% owned by District residents, and to require currently certified local 20
	27	+	business enterprises that do not meet one of these requirements to be recertified. 21
	28	+	22
	29	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 23
	30	+	act may be cited as the “Local Business Enterprise Clarification Emergency Amendment Act of 24
	31	+	2023”. 25
	32	+	26
	33	+	Sec. 2. The Small and Certified Business Enterprise Development and Assistance Act of 27
	34	+	2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.), is 28
	35	+	amended as follows: 29
	36	+	(a) Section 2331 (D.C. Official Code § 2-218.31) is amended by adding a new paragraph 30
	37	+	(1A) to read as follows: 31
	38	+	“(1A)(A) Is: 32
	39	+	“(i) Independently owned, operated, and controlled; 33
	40	+	“(ii) More than 50% owned, operated, and controlled by a District-34
	41	+	based enterprise or not-for-profit business; or 35
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53		-	“(a) Except as provided in subsection (b) of this section, a business ent erprise currently
54		-	certified as a local business enterprise pursuant this act that does not meet the requirements of
55		-	section 2331( 1A) and has not submitted a new application to the Department of Small and
56		-	Local Business Development to be re certified as a local business enterprise within 90 days of
57		-	the effective date of the Local Business Enterprise Clarification Emergency Amendment Act of
58		-	2021, effective July 21, 2021 (D.C. Act 24- 118; 68 DCR 7323), shall have its certification
59		-	revoked pursuant to section 2363(a)(2)(B ).
60		-	“(b) A business enterprise currently certified as a local business enterprise pursuant to
61		-	this act that does not meet the requirements of section 2331(1A) but has an existing contract with
62		-	the District, or was included as a subcontractor on a subcontracting plan on an existing contract
63		-	with the District, shall be permitted to complete the term of that contract or subcontract,
64		-	including the base year and any option years under the contract or subcontract, and receive the
65		-	appropriate credit towards assisting an agency in meeting its goals pursuant to section 2341 and
66		-	subcontracting points pursuant to section 2346 under its current certification . Upon completion
67		-	of the term of that contract , the business enterprise must meet the requirements of section
68		-	2331(1A) and be recertified to remain a local business enterprise .”.
69		-
70		-	Sec. 3. Technical amendment.
71		-	Section 3 of the Local Solar Expansion Amendment Act of 2022, enacted on January 10,
72		-	2023 (D.C. Act 24- 742; 70 DCR 606), is amended by striking the phrase “subsection (a) of this
73		-	section;” and inserting the phrase “section 4;” in its place.
74		-
75		-	Sec.4. Applicability.
76		-	Section 2 shall apply as of February 10, 2023.
77		-
78		-	Sec. 5. Fiscal impact statement.
79		-	The Council adopts the fiscal impact statement Budget Director as the fiscal impact
80		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
81		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
82		-
83		-	Sec. 6. Effective date.
84		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
85		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
86		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
87		-
88		-
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90		-	ENROLLED ORIGINAL
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	47	+	“(iii) Owned by a non-District-based business enterprise or not-for-36
	48	+	profit business that is more than 50% owned by District residents. 37
	49	+	“(B) For the purposes of this paragraph, the term “Independently owned, 38
	50	+	operated, and controlled” includes a business enterprise that manages and controls its day-to-day 39
	51	+	operations without being subject to control, restriction, modification, or limitation by another 40
	52	+	business enterprise or not-for-profit business that has an ownership or other financial interest in 41
	53	+	the business enterprise.”. 42
	54	+	(b) A new section 2331a is added to read as follows: 43
	55	+	“Sec. 2331a. Grace period for compliance with section 2331(1A). 44
	56	+	“(a) Except as provided in subsection (b) of this section, a business enterprise currently 45
	57	+	certified as a local business enterprise pursuant this act that does not meet the requirements of 46
	58	+	section 2331(1A) and has not submitted a new application to the Department of Small and 47
	59	+	Local Business Development to be recertified as a local business enterprise within 90 days of 48
	60	+	the effective date of the Local Business Enterprise Clarification Emergency Amendment Act of 49
	61	+	2021, effective July 21, 2021 (D.C. Act 24-118; 68 DCR 7323), shall have its certification 50
	62	+	revoked pursuant to section 2363(a)(2)(B). 51
	63	+	“(b) A business enterprise currently certified as a local business enterprise pursuant to 52
	64	+	this act that does not meet the requirements of section 2331(1A) but has an existing contract with 53
	65	+	the District, or was included as a subcontractor on a subcontracting plan on an existing contract 54
	66	+	with the District, shall be permitted to complete the term of that contract or subcontract, 55
	67	+	including the base year and any option years under the contract or subcontract, and receive the 56
	68	+	appropriate credit towards assisting an agency in meeting its goals pursuant to section 2341 and 57
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97		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
98		-	D.C. Official Code § 1- 204.12(a)).
99		-
100		-
101		-
102		-	______________________________
103		-	Chairman
104		-	Council of the District of Columbia
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107		-
108		-
109		-
110		-	_________________________________
111		-	Mayor
112		-	District of Columbia
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	74	+	subcontracting points pursuant to section 2346 under its current certification. Upon completion 58
	75	+	of the term of that contract, the business enterprise must meet the requirements of section 59
	76	+	2331(1A) and be recertified to remain a local business enterprise.”. 60
	77	+	Sec. 3. Technical amendment. 61
	78	+	Section 3 of the Local Solar Expansion Amendment Act of 2022, enacted on January 10, 62
	79	+	2023 (D.C. Act 24-742; 70 DCR 606), is amended by striking the phrase “subsection (a) of this 63
	80	+	section;” and inserting the phrase “section 4;” in its place. 64
	81	+	Sec.4. Applicability. 65
	82	+	Section 2 shall apply as of February 10, 2023. 66
	83	+	Sec. 5. Fiscal impact statement. 67
	84	+	The Council adopts the fiscal impact statement Budget Director as the fiscal impact 68
	85	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 69
	86	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 70
	87	+	Sec. 6. Effective date. 71
	88	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 72
	89	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 73
	90	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 74
	91	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 75
	92	+	D.C. Official Code § 1-204.12(a)). 76