District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0733 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
2		-
3		-
4		-
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6	1		1
7		-	AN ACT
8		-
9		-	_________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	__________________
14		-
15		-
16		-	To amend, on an emergency basis, the District of Columbia Public Emergency Act of 1980 to
17		-	clarify the types of circumstances that may constitute a public emergency and to
18		-	authorize the Mayor to extend the duration of public emergencies related to the opioid
19		-	crisis and juvenile crime, to authorize the Mayor to waive the requirements of the
20		-	Procurement Practices Reform Act of 2010 and the Grant Administration Act of 2013 in
21		-	exercising her authority under the public emergencies related to the opioid crisis and
22		-	juvenile crime, and to require the Mayor to provide written notice to the Council before
23		-	engaging in conduct that would require the waiver of the Procurement Practices Reform
24		-	Act of 2010 or Grant Administration Act of 2013.
25		-
26		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
27		-	act may be cited as the “Opioid Crisis and Juvenile Crime Public Emergencies Extension
28		-	Authorization Emergency Amendment Act of 2024”.
29		-
30		-	Sec. 2. The District of Columbia Public Emergency Act of 1980, effective March 5, 1981
31		-	(D.C. Law 3-149; D.C. Official Code § 7-2301 et seq.), is amended as follows:
32		-	(a) Section 2(3)(I) (D.C. Official Code § 7-2301(3)(I)) is amended by striking the phrase
33		-	“communicable disease” and inserting the phrase “communicable disease, or significant
34		-	existence of a deadly or otherwise dangerous disease, disorder, condition, or activity,” in its
35		-	place.
36		-	(b) Section 7 (D.C. Official Code § 7-2306) is amended by adding a new subsection (c-2)
37		-	to read as follows:
38		-	“(c-2)(1) Notwithstanding subsections (b) and (c) of this section, the Mayor may extend
39		-	the 15-day February 27, 2024, emergency executive order declaring a public emergency in
40		-	response to the opioid crisis (Mayor’s Order 2024-035) and the 15-day February 27, 2024,
41		-	emergency executive order declaring a public emergency in response to juvenile crime (Mayor’s
42		-	Order 2024-035) while the Opioid Crisis and Juvenile Crime Public Emergencies Extension
43		-	Authorization Emergency Amendment Act of 2024, passed on emergency basis on March 5,
44		-	2024 (Enrolled version of Bill 25-733) is in effect. After the extensions authorized by this
45		-	subsection, the Mayor may extend the emergency orders for additional 15-day periods pursuant
46		-	to subsection (b) or subsection (c) of this section. ENROLLED ORIGINAL
47		-
48		-
49		-
50		-
51		-	2
52		-	“(2) Notwithstanding section 5(b) (D.C. Official Code § 7-2304(b)), the Mayor
53		-	shall comply with all District laws when exercising her authority pursuant to Mayor’s Order
54		-	2024-035, including those laws stated in Mayor’s Order 2024-035 to be subject to waiver,
55		-	suspension, or modification; except, that the Mayor may waive the requirements of the
56		-	Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C.
57		-	Official Code § 2-354.01 et seq.), and the Grant Administration Act of 2013, effective December
58		-	24, 2013 (D.C. Law 20-61; D.C. Official Code 1-328.11 et seq.).
59		-	“(3) The Mayor shall, prior to any exercise of the authority granted by this
60		-	subsection, provide written notice to the Council of any waiver under paragraph (2) of this
61		-	subsection. The notice shall include, at a minimum:
62		-	“(A) Citations to the law or laws being waived; and
63		-	“(B) In any instance where the Mayor is waiving procurement laws, a
64		-	summary of each proposed procurement, which summary shall include:
65		-	“(i) A description of the specific goods or services to be procured;
66		-	“(ii) The source selection method, including whether the
67		-	procurement was competitively sourced;
68		-	“(iii) The contract amount and the source of funds, whether federal
69		-	or local;
70		-	“(iv) The name and certified business enterprise status of the
71		-	proposed awardee; and
72		-	“(v) An explanation regarding why expedited procurement
73		-	procedures are necessary to meet the specific need identified.
74		-	“(4) The Mayor shall provide the Council with copies of any grants awarded or
75		-	contracts entered into using the authority granted by this subsection no later than 15 days after
76		-	awarding the grant or entering into the contract.”.
77		-
78		-	Sec. 3. Section 2(a) of the Opioid Crisis and Juvenile Crime Public Emergencies
79		-	Extension Authorization Temporary Amendment Act of 2023, effective February 22, 2024 (D.C.
80		-	Law 25-126; 71 DCR 645), is repealed.
81		-
82		-	Sec. 4. Fiscal impact statement.
83		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
84		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
85		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
86		-
87		-	Sec. 5. Effective date.
88		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
89		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
90		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section ENROLLED ORIGINAL
91		-
92		-
93		-
94		-
	2	+	____________________________ _________________________ 1
	3	+	Councilmember Trayon White, Sr. Councilmember Brooke Pinto 2
95	4		3
96		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
97		-	D.C. Official Code § 1-204.12(a)).
98		-
99		-
100		-
101		-
102		-	______________________________
103		-	Chairman
104		-	Council of the District of Columbia
105		-
106		-
107		-
108		-
109		-	_________________________________
110		-	Mayor
111		-	District of Columbia
112		-
	5	+	4
	6	+	______________________________ 5
	7	+	Councilmember Christina Henderson 6
	8	+	7
	9	+	8
	10	+	9
	11	+	A BILL 10
	12	+	11
	13	+	12
	14	+	_________ 13
	15	+	14
	16	+	15
	17	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 16
	18	+	17
	19	+	__________________ 18
	20	+	19
	21	+	20
	22	+	To amend, on an emergency basis, the District of Columbia Public Emergency Act of 1980 to 21
	23	+	clarify the types of circumstances that may constitute a public emergency and to 22
	24	+	authorize the Mayor to extend the duration of public emergencies related to the opioid 23
	25	+	crisis and juvenile crime, to authorize the Mayor to waive the requirements of the 24
	26	+	Procurement Practices Reform Act of 2010 and the Grant Administration Act of 2013 in 25
	27	+	exercising her authority under the public emergencies related to the opioid crisis and 26
	28	+	juvenile crime, and to require the Mayor to provide written notice to the Council before 27
	29	+	engaging in conduct that would require the waiver of the Procurement Practices Reform 28
	30	+	Act of 2010 or Grant Administration Act of 2013. 29
	31	+	30
	32	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 31
	33	+	act may be cited as the “Opioid Crisis and Juvenile Crime Public Emergencies Extension 32
	34	+	Authorization Emergency Amendment Act of 2024”. 33
	35	+	Sec. 2. The District of Columbia Public Emergency Act of 1980, effective March 5, 1981 34
	36	+	(D.C. Law 3-149; D.C. Official Code § 7- 2301 et seq.), is amended as follows: 35
	37	+	(a) Section 2(3)(I) (D.C. Official Code § 7- 2301(3)(I)) is amended by striking the phrase 36
	38	+	“communicable disease” and inserting the phrase “communicable disease, or significant 37 2
	39	+	existence of a deadly or otherwise dangerous disease, disorder, condition, or activity,” in its 38
	40	+	place. 39
	41	+	(b) Section 7 (D.C. Official Code § 7- 2306) is amended by adding a new subsection (c-2) 40
	42	+	to read as follows: 41
	43	+	“(c-2)(1) Notwithstanding subsections (b) and (c) of this section, the Mayor may extend 42
	44	+	the 15- day February 27, 2024, emergency executive order declaring a public emergency in 43
	45	+	response to the opioid crisis (Mayor’s Order 2024- 035) and the 15- day February 27, 2024, 44
	46	+	emergency executive order declaring a public emergency in response to juvenile crime (Mayor’s 45
	47	+	Order 2024 -035) while the Opioid Crisis and Juvenile Crime Public Emergencies Extension 46
	48	+	Authorization Emergency Amendment Act of 2024 ( passed on emergency basis on March 5, 47
	49	+	2024) (enrolled version of B25-XXX). After the extensions authorized by this subsection, the 48
	50	+	Mayor may extend the emergency orders for additional 15- day periods pursuant to subsection (b) 49
	51	+	or subsection (c) of this section. 50
	52	+	“(2) Notwithstanding section 5(b) (D.C. Official Code § 7- 2304(b)), the Mayor 51
	53	+	shall comply with all District laws when exercising her authority pursuant to Mayor’s Order 52
	54	+	2024-035, including those laws stated in Mayor’s Order 2024 -035 to be subject to waiver, 53
	55	+	suspension, or modification; except, that the Mayor may waive the requirements of the 54
	56	+	Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18- 371; D.C. 55
	57	+	Official Code § 2-354.01 et seq. ), and the Grant Administration Act of 2013, effective December 56
	58	+	24, 2013 (D.C. Law 20- 61; D.C. Official Code 1- 328.11 et seq. ). 57
	59	+	“(3) The Mayor shall, prior to any exercise of the authority granted by this 58
	60	+	subsection, provide written notice to the Council of any waiver under paragraph (2) of this 59
	61	+	subsection. Such notice shall include, at a minimum: 60 3
	62	+	“(A) Citations to the law or laws being waived; and 61
	63	+	“(B) In any instance where the Mayor is waiving procurement laws, a 62
	64	+	summary of each proposed procurement, which summary shall include: 63
	65	+	“(i) A description of the specific goods or services to be procured; 64
	66	+	“(ii) The source selection method, including whether the 65
	67	+	procurement was competitively sourced; 66
	68	+	“(iii) The contract amount and the source of funds, whether federal 67
	69	+	or local; 68
	70	+	“(iv) The name and certified business enterprise status of the 69
	71	+	proposed awardee; and 70
	72	+	“(v) An explanation regarding why expedited procurement 71
	73	+	procedures are necessary to meet the specific need identified. 72
	74	+	“(4) The Mayor shall provide the Council with copies of any grants awarded or 73
	75	+	contracts entered into using the authority granted by this subsection no later than 15 days after 74
	76	+	awarding the grant or entering into the contract.”. 75
	77	+	Sec. 3. Section 2(a) of the Opioid Crisis and Juvenile Crime Public Emergencies 76
	78	+	Extension Authorization Temporary Amendment Act of 2023, effective February 22, 2024 (D.C. 77
	79	+	Law 25-126; 71 DCR 645), is repealed . 78
	80	+	Sec. 4. Fiscal impact statement. 79
	81	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 80
	82	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 81
	83	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1 -301.47a). 82
	84	+	Sec. 5. Effective date. 83 4
	85	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 84
	86	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 85
	87	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 86
	88	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 87
	89	+	D.C. Official Code § 1- 204.12(a)). 88