District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0580 Engrossed / Bill

Filed 11/21/2023

                      	ENGROSSED ORIGINAL 
 
 
 
 
A BILL 1 
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25-580  3 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5 
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To amend, on a temporary basis, the District of Columbia Public Emergency Act of 1980 to 10 
authorize the Mayor to extend the duration of public emergencies related to the opioid 11 
crisis and juvenile crime and to clarify the types of diseases and other circumstances that 12 
may constitute a public emergency.  13 
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 15 
act may be cited as the “Opioid Crisis and Juvenile Crime Public Emergencies Extension 16 
Authorization Temporary Amendment Act of 2023”. 17 
 Sec. 2.  The District of Columbia Public Emergency Act of 1980, effective March 5, 1981 18 
(D.C. Law 3-149; D.C. Official Code § 7-2301 et seq.), is amended as follows: 19 
 (a) Section 2(3)(I) (D.C. Official Code § 7-2301(3)(I)) is amended by striking the phrase 20 
“Outbreak of a communicable disease” and inserting the phrase “Outbreak of a communicable 21 
disease, or significant existence of a deadly or otherwise dangerous disease, disorder, condition, 22 
or activity,” in its place. 23 
 (b) Section 7 (D.C. Official Code § 7-2306) is amended by adding a new subsection (c-1) 24 
to read as follows: 25 
 “(c-1)(1) Notwithstanding subsections (b) and (c) of this section, the 26 
Mayor may extend the 15-day November 13, 2023, emergency executive order declaring a 27 
public emergency in response to the opioid crisis (Mayor’s Order 2023-141) and the 15-day 28 
November 13, 2023, emergency executive order declaring a public emergency in response to 29  2 
juvenile crime (Mayor’s Order 2023-141) until March 31, 2024 February 15, 2024. After the 30 
extensions authorized by this subsection, the Mayor may extend the emergency orders for 31 
additional 15-day periods pursuant to subsection (b) or (c) of this subsection. 32 
 “(2) Notwithstanding section 5(b) (D.C. Official Code § 7-2304(b)), the 33 
Mayor shall comply with all District laws when exercising her authority pursuant to Mayor’s 34 
Order 2023-141, including those laws stated in Mayor’s Order 2023-141 to be subject to waiver, 35 
suspension, or modification; except, that the Mayor may waive the requirements of the following 36 
laws to respond to the emergencies declared in Mayor’s Order 2023-141: 37 
                             “(A) Title IV of the Procurement Practices Reform Act of 2010, 38 
effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-354.01 et seq.). 39 
 “(3) The Mayor shall, prior to any exercise of the authority granted by this 40 
paragraph subsection, provide written notice to the Council. Such notice shall include, at a 41 
minimum: 42 
 “(A) Citations to the law or laws being waived; 43 
 “(B) In any instance where the Mayor is waiving procurement 44 
laws, a summary of each proposed procurement, which summary shall include:  45 
 “(i) A description of the specific goods or services to be 46 
procured;  47 
 “(i) The source selection method, including whether the 48 
procurement was competitively sourced;  49 
 “‘(iii) The contract amount and the source of funds, 50 
whether federal or local;  51 
 “(iv) The name and certified business enterprise status of 52 
the proposed awardee; and 53  3 
 “(v) An explanation regarding why expedited procurement 54 
procedures are necessary to meet the specific need identified.”. 55 
Sec. 2a. Office of Independent Juvenile Justice Facilities Oversight. 56 
(a) Upon the sunset of the operations of the Office of Independent Juvenile Justice 57 
Facilities Oversight (“predecessor Office”) pursuant to section VIII of Mayor’s Order 2020-115 58 
issued November 13, 2020 (67 DCR 13813) (“Mayor’s Order 2020-115”), or a succeeding 59 
Mayor’s Order, there shall be established a new Office of Independent Juvenile Justice Facilities 60 
Oversight (“successor Office”) in the executive branch of the District of Columbia government. 61 
(b) All personnel, records, property, duties, structure, authorities and powers, dispute 62 
resolution procedures, confidentiality and anti-retaliation procedures, and funding and 63 
organization assigned to the predecessor Office pursuant to sections I, II, III, IV, V, VI, and VII 64 
of Mayor’s Order 2020-115, shall be transferred to the successor Office.  65 
(c) Notice of any request to reprogram successor Office funds made by the Executive to 66 
the Chief Financial Officer shall be provided by the Chief Financial Officer to all Councilmembers 67 
within 24 hours after the reprogramming is requested, regardless of the amount of funds intended 68 
to be reprogrammed. 69 
 Sec. 3.  Applicability. 70 
 Section 2(a) shall apply as of November 13, 2023. 71 
 Sec. 4. Fiscal impact statement. 72 
 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 73 
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 74 
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 75 
 Sec. 5. Effective date. 76  4 
 (a) This act shall take effect following approval by the Mayor (or in the event of veto by 77 
the Mayor, action by the Council to override the veto), a 30-day period of Congressional review 78 
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 79 
December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the 80 
District of Columbia Register. 81 
 (b) This act shall expire after 225 days of its having taken effect. 82