District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0098 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
2	2
3	3
4	4
5	5
6	6		1
7	7
8		-	AN ACT
9		-	____________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	__________________
14		-	To amend, on a temporary basis, the Small and Certified Business Enterprise Development and
15		-	Assistance Act of 2005 to require that for a business enterprise to be certified as a local business enterprise it must be independently owned, operated , and controlled, more than
16		-	50% owned, operated, and controlled by a District-based enterprise or not -for-profit
17		-	business, or owned by a non- District- based business enterprise or not-for-profit business
18		-	that is more than 50% owned by District residents, and to require currently certified local
19		-	business enterprises that do not meet one of these requirements to be recertified.
20		-
21		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
22		-	act may be cited as the “Local Business Enterprise Clarification Temporary Amendment Act of
23		-	2023”.
24		-	Sec. 2. T he Small and Certified Business Enterprise Development and Assistance Act of
25		-	2005, effective October 20, 2005 (D.C. Law 16- 33; D.C. Official Code § 2-218.01 et seq .), is
26		-	amended as follows:
27		-	(a) Section 2331 (D.C. Official Code § 2- 218.31) is amended by adding a new paragraph
28		-	(1A) to read as follows:
29		-	“(1A)(A) Is:
30		-	“(i) Independently owned, operated, and controlled;
31		-	“(ii) More than 50% owned , operated, and controlled by a District-
32		-	based enterprise or not-for-profit business; or
33		-	“(iii) Owned by a non- District- based business enterprise or not -for-
34		-	profit business that is more than 50% owned by District residents.
35		-	“(B) For the purposes of this paragraph, the term “ Independently owned,
36		-	operated, and controlled” includes a business enterprise that manages and controls its day- to-day
37		-	operations without being subject to control, restriction, modification, or limitation by another business enterprise or not-for-profit business that has an ownership or other financial interest in
38		-	the business enterprise.”.
39		-	(b) A new section 2331a is added to read as follows:
40		-	“Sec. 2331a. Grace period for compliance with section 2331(1A). ENROLLED ORIGINAL
	8	+	A BILL 1
	9	+	2 25-98 3
	10	+	4
	11	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
	12	+	6
	13	+	__________________ 7
	14	+	8
	15	+	9
	16	+	To amend, on a temporary basis, the Small and Certified Business Enterprise Development and 10
	17	+	Assistance Act of 2005 to require that for a business enterprise to be certified as a local 11
	18	+	business enterprise it must be independently owned, operated , and controlled, more than 12
	19	+	50% owned, operated, and controlled by a District-based enterprise or not -for-profit 13
	20	+	business, or owned by a non- District- based business enterprise or not-for-profit business 14
	21	+	that is more than 50% owned by District residents, and to require currently certified local 15
	22	+	business enterprises that do not meet one of these requirements to be recertified. 16
	23	+	17
	24	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 18
	25	+	act may be cited as the “Local Business Enterprise Clarification Temporary Amendment Act of 19
	26	+	2023”. 20
	27	+	Sec. 2. T he Small and Certified Business Enterprise Development and Assistance Act of 21
	28	+	2005, effective October 20, 2005 (D.C. Law 16- 33; D.C. Official Code § 2-218.01 et seq .), is 22
	29	+	amended as follows: 23
	30	+	(a) Section 2331 (D.C. Official Code § 2- 218.31) is amended by adding a new paragraph 24
	31	+	(1A) to read as follows: 25
	32	+	“(1A)(A) Is: 26
	33	+	“(i) Independently owned, operated, and controlled; 27 ENGROSSED ORIGINAL
41	34
42	35
43	36
44	37
45	38		2
46	39
47		-	“(a) Except as provided in subsection (b) of this section, a business enterprise currently
48		-	certified as a local business enterprise pursuant this act that does not meet the requirements of
49		-	section 2331( 1A) and has not submitted a new application to the Department of Small and
50		-	Local Business Development to be re certified as a local business enterprise within 9 0 days of
51		-	the effective date of the Local Business Enterprise Clarification Emergency Amendment Act of
52		-	2021, effective July 21, 2021 (D.C. Act 24- 118; 68 DCR 7323), shall have its certification
53		-	revoked pursuant to section 2363(a)(2)(B ).
54		-	“(b) A business enterprise currently certified as a local business enterprise pursuant to
55		-	this act that does not meet the requirements of section 2331(1A) but has an existing contract with
56		-	the District, or was included as a subcontractor on a subcontracting plan on an existing contract
57		-	with the District, shall be permitted to complete the term of that contract or subcontract,
58		-	including the base year and any option years under the contract or subcontract, and receive the
59		-	appropriate credit towards assisting an agency in meeting its goals pursuant to section 2341 and
60		-	subcontracting points pursuant to section 2346 under its current certification . Upon completion
61		-	of the term of that contract , the business enterprise must meet the requirements of section
62		-	2331(1A) and be recertified to remain a local business enterprise .”.
63		-
64		-	Sec. 3. Technical amendment.
65		-	Section 3 of the Local Solar Expansion Amendment Act of 2022, enacted on January 10,
66		-	2023 (D.C. Act 24- 742; 70 DCR 606), is amended by striking the phrase “subsection (a) of this
67		-	section;” and inserting the phrase “section 4;” in its place.
68		-
69		-	Sec. 4. Applicability.
70		-	Section 2 shall apply as of February 10, 2023.
71		-
72		-	Sec. 5. Fiscal impact statement.
73		-	The Council adopts the fiscal impact statement Budget Director as the fiscal impact
74		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
75		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
76		-
77		-	Sec. 6. Effective date.
78		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by
79		-	the Mayor, action by the Council to override the veto), a 30 -day period of congressional review
80		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
81		-
82		-
83		-
84		-	ENROLLED ORIGINAL
	40	+	“(ii) More than 50% owned , operated, and controlled by a District-28
	41	+	based enterprise or not-for-profit business; or 29
	42	+	“(iii) Owned by a non- District- based business enterprise or not -for-30
	43	+	profit business that is more than 50% owned by District residents. 31
	44	+	“(B) For the purposes of this paragraph, the term “ Independently owned, 32
	45	+	operated, and controlled” includes a business enterprise that manages and controls its day- to-day 33
	46	+	operations without being subject to control, restriction, modification, or limitation by another 34
	47	+	business enterprise or not-for-profit business that has an ownership or other financial interest in 35
	48	+	the business enterprise.”. 36
	49	+	(b) A new section 2331a is added to read as follows: 37
	50	+	“Sec. 2331a. Grace period for compliance with section 2331(1A). 38
	51	+	“(a) Except as provided in subsection (b) of this section, a business enterprise currently 39
	52	+	certified as a local business enterprise pursuant this act that does not meet the requirements of 40
	53	+	section 2331( 1A) and has not submitted a new application to the Department of Small and 41
	54	+	Local Business Development to be re certified as a local business enterprise within 90 days of 42
	55	+	the effective date of the Local Business Enterprise Clarification Emergency Amendment Act of 43
	56	+	2021, effective July 21, 2021 (D.C. Act 24- 118; 68 DCR 7323), shall have its certification 44
	57	+	revoked pursuant to section 2363(a)(2)(B ). 45
	58	+	“(b) A business enterprise currently certified as a local business enterprise pursuant to 46
	59	+	this act that does not meet the requirements of section 2331(1A) but has an existing contract with 47 ENGROSSED ORIGINAL
85	60
86	61
87	62
88	63
89	64		3
90	65
91		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1), and publication in the District of
92		-	Columbia register.
93		-	(b) This act shall expire after 225 days of its having taken effect.
94		-
95		-
96		-
97		-	______________________________
98		-	Chairman
99		-	Council of the District of Columbia
	66	+	the District, or was included as a subcontractor on a subcontracting plan on an existing contract 48
	67	+	with the District, shall be permitted to complete the term of that contract or subcontract, 49
	68	+	including the base year and any option years under the contract or subcontract, and receive the 50
	69	+	appropriate credit towards assisting an agency in meeting its goals pursuant to section 2341 and 51
	70	+	subcontracting points pursuant to section 2346 under its current certification . Upon completion 52
	71	+	of the term of that contract , the business enterprise must meet the requirements of section 53
	72	+	2331(1A) and be recertified to remain a local business enterprise .”. 54
	73	+	Sec. 3. Technical amendment. 55
	74	+	Section 3 of the Local Solar Expansion Amendment Act of 2022, enacted on January 10, 56
	75	+	2023 (D.C. Act 24- 742; 70 DCR 606), is amended by striking the phrase “subsection (a) of this 57
	76	+	section;” and inserting the phrase “section 4;” in its place. 58
	77	+	Sec. 4. Applicability. 59
	78	+	Section 2 shall apply as of February 10, 2023. 60
	79	+	Sec. 5. Fiscal impact statement. 61
	80	+	The Council adopts the fiscal impact statement Budget Director as the fiscal impact 62
	81	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 63
	82	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 64
	83	+	Sec. 6. Effective date. 65 ENGROSSED ORIGINAL
100	84
101	85
102	86
103	87
	88	+	4
104	89
105		-	~~_________________________________~~
106		-	Mayor
107		-	District of Columbia
108		-
109		-
110		-
	90	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by 66
	91	+	the Mayor, action by the Council to override the veto), a 30 -day period of congressional review 67
	92	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 68
	93	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1), and publication in the District of 69
	94	+	Columbia register. 70
	95	+	(b) This act shall expire after 225 days of its having taken effect. 71