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District Of Columbia Council Bill B25-0579

District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0579 Compare Versions

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1- ENROLLED ORIGINAL
2-
3-
4-
5-
6-AN ACT
7-
8-_________________
9-
10-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11-
12-___________________________
13-
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15-To amend, on an emergency basis, the District of Columbia Public Emergency Act of 1980 to
16-clarify the types of circumstances that may constitute a public emergency, to authorize
17-the Mayor to extend the duration of the public emergencies related to the opioid crisis
18-and juvenile crime, to authorize the Mayor to waive the requirements of Title IV of the
19-Procurement Practices Reform Act of 2010 in exercising her authority under the public
20-emergencies related to the opioid crisis and juvenile crime, and to require the Mayor to
21-provide written notice to the Council before engaging in conduct that would require the
22-waiver of Title IV of the Procurement Practices Reform Act of 2010.
23-
24-BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
25-act may be cited as the “Opioid Crisis and Juvenile Crime Public Emergencies Extension
26-Authorization Emergency Amendment Act of 2023”.
27-
28- Sec. 2. The District of Columbia Public Emergency Act of 1980, effective March 5, 1981
29-(D.C. Law 3-149; D.C. Official Code § 7-2301 et seq.), is amended as follows:
30- (a) Section 2(3)(I) (D.C. Official Code § 7-2301(3)(I)) is amended by striking the phrase
31-“Outbreak of a communicable disease” and inserting the phrase “Outbreak of a communicable
32-disease, or significant existence of a deadly or otherwise dangerous disease, disorder, condition,
33-or activity,” in its place.
34- (b) Section 7 (D.C. Official Code § 7-2306) is amended by adding a new subsection (c-1)
35-to read as follows:
36- “(c-1)(1) Notwithstanding subsections (b) and (c) of this section, the Mayor may extend
37-the 15-day November 13, 2023, emergency executive order declaring a public emergency in
38-response to the opioid crisis (Mayor’s Order 2023-141) and the 15-day November 13, 2023,
39-emergency executive order declaring a public emergency in response to juvenile crime (Mayor’s
40-Order 2023-141) until February 15, 2024. After the extensions authorized by this subsection, the
41-Mayor may extend the emergency orders for additional 15-day periods pursuant to subsection (b)
42-or subsection (c) of this section.
43-“(2) Notwithstanding section 5(b) (D.C. Official Code § 7-2304(b)), the Mayor
44-shall comply with all District laws when exercising her authority pursuant to Mayor’s Order
45-2023-141, including those laws stated in Mayor’s Order 2023-141 to be subject to waiver,
46-suspension, or modification; except, that the Mayor may waive the requirements of Title IV of 2
47-the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C.
48-Official Code § 2-354.01 et seq.).
49-“(3) The Mayor shall, prior to any exercise of the authority granted by this
50-subsection, provide written notice to the Council. Such notice shall include, at a minimum:
51- “(A) Citations to the law or laws being waived; and
52- “(B) In any instance where the Mayor is waiving procurement laws, a
53-summary of each proposed procurement, which summary shall include:
54- “(i) A description of the specific goods or services to be procured;
55- “(ii) The source selection method, including whether the
56-procurement was competitively sourced;
57- “(iii) The contract amount and the source of funds, whether federal
58-or local;
59- “(iv) The name and certified business enterprise status of the
60-proposed awardee; and
61- “(v) An explanation regarding why expedited procurement
62-procedures are necessary to meet the specific need identified.”.
63-
64- Sec. 3. Applicability.
65- Section 2(a) shall apply as of November 13, 2023.
66-
67- Sec. 4. Fiscal impact statement.
68- The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
69-statement required by section 4a of the General Legislative Procedures Act of 1975, approved
70-October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
71-
72- Sec. 5. Effective date.
73- This act shall take effect following approval by the Mayor (or in the event of veto by the
74-Mayor, action by the Council to override the veto), and shall remain in effect no longer than 90
75-days, as provided for emergency acts of the Council of the District of Columbia in section 412(a)
76-of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C.
77-Official Code § 1-204.12(a)).
78-
79-
80-
81-______________________________
82-Chairman
83-Council of the District of Columbia
84-
85-
86-
87-
88-
89-_________________________________
90-Mayor
91-District of Columbia
1+ 1
2+______________________________ ______________________________ 2
3+Councilmember Trayon White, Sr. Councilmember Brooke Pinto 3
4+ 4
5+ 5
6+ 6
7+______________________________ 7
8+Councilmember Christina Henderson 8
9+ 9
10+ 10
11+A BILL 11
12+ 12
13+________ 13
14+ 14
15+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 15
16+ 16
17+________________ 17
18+ 18
19+ 19
20+To amend, on an emergency basis, the District of Columbia Public Emergency Act of 1980 to 20
21+authorize the Mayor to extend the duration of public emergencies related to the opioid 21
22+crisis and juvenile crime and to clarify the types of diseases and other circumstances that 22
23+may constitute a public emergency. 23
24+ 24
25+BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 25
26+act may be cited as the “ Opioid Crisis and Juvenile Crime Public Emergencies Extension 26
27+Authorization Emergency Amendment Act of 2023 ”. 27
28+ Sec. 2. The District of Columbia Public Emergency Act of 1980, effective March 5, 1981 28
29+(D.C. Law 3-149; D.C. Official Code § 7- 2301 et seq.), is amended as follows: 29
30+ (a) Section 2(3)(I) ( D.C. Official Code § 7- 2301(3)(I)) is amended by striking the phrase 30
31+“Outbreak of a communicable disease” and inserting the phrase “ Outbreak of a communicable 31
32+disease, or significant existence of a deadly or otherwise dangerous disease , disorder, condition, 32
33+or activity,” in its place. 33
34+ (b) Section 7 (D.C. Official Code § 7- 2306) is amended by adding a new subsection (c -1) 34
35+to read as follows : 35 2
36+ “(c-1)(1) Notwithstanding subsections (b) and (c) of this section, the 36
37+Mayor may extend the 15- day November 13, 2023, emergency executive order declaring a 37
38+public emergency in response to the opioid crisis (Mayor’s Order 2023- 141) and the 15- day 38
39+November 13, 2023, emergency executive order declaring a public emergency in response to 39
40+juvenile crime (Mayor’s Order 2023-141) until March 31, 2024. After the extension s authorized 40
41+by this subsection, the Mayor may extend the emergency orders for additional 15- day periods 41
42+pursuant to subsection (b) or (c) of this subsection. 42
43+ “(2) Notwithstanding section 5(b) (D.C. Official Code § 7- 2304(b)), the 43
44+Mayor shall comply with all District laws when exercising her authority pursuant to Mayor’s 44
45+Order 2023-141, including those laws stated in Mayor’s Order 2023- 141 to be subject to waiver, 45
46+suspension, or modification; except, that the Mayor may waive the requirements of the following 46
47+laws to respond to the emergencies declared in Mayor’s Order 2023- 141: 47
48+ “(A) Title IV of the Procurement Practices Reform Act of 2010, 48
49+effective April 8, 2011 (D.C. Law 18- 371; D.C. Official Code § 2- 354.01 et seq. ). 49
50+ “(3) The Mayor shall, prior to any exercise of the authority granted by this 50
51+paragraph, provide written notice to the Council. Such notice shall include, at a minimum: 51
52+ “(A) Citations to the law or laws being waived; 52
53+ “(B) In any instance where the Mayor is waiving procurement 53
54+laws, a summary of each proposed procurement, which summary shall include: 54
55+ “(i) A description of the specific goods or services to be 55
56+procured; 56
57+ “(i) The source selection method, including whether the 57
58+procurement was competitively sourced; 58 3
59+ “‘(iii) The contract amount and the source of funds, 59
60+whether federal or local; 60
61+ “(iv) The name and certified business enterprise status of 61
62+the proposed awardee; and 62
63+ “(v) An explanation regarding why expedited procurement 63
64+procedures are necessary to meet the specific need identified.”. 64
65+ Sec. 3. Applicability. 65
66+ Section 2(a) shall apply as of November 13, 2023. 66
67+ Sec. 4. Fiscal impact statement. 67
68+ The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 68
69+impact statement required by section 4a of the General Legislative Procedures Act of 1975, 69
70+approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 70
71+ Sec. 5. Effective date. 71
72+ This act shall take effect following approval by the Mayor (or in the event of veto by the 72
73+Mayor, action by the Council to override the veto), and shall remain in effect no longer than 90 73
74+days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) 74
75+of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. 75
76+Official Code § 1-204.12(a)). 76