District Of Columbia 2023 2023-2024 Regular Session

District Of Columbia Council Bill B25-0734 Engrossed / Bill

Filed 03/05/2024

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A BILL 1 
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25-734  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 
clarify the types of circumstances that may constitute a public emergency and to 11 
authorize the Mayor to extend the duration of public emergencies related to the opioid 12 
crisis and juvenile crime, to authorize the Mayor to waive the requirements of the 13 
Procurement Practices Reform Act of 2010 and the Grant Administration Act of 2013 in 14 
exercising her authority under the public emergencies related to the opioid crisis and 15 
juvenile crime, and to require the Mayor to provide written notice to the Council before 16 
engaging in conduct that would require the waiver of the Procurement Practices Reform 17 
Act of 2010 or Grant Administration Act of 2013. 18 
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21 
act may be cited as the “Opioid Crisis and Juvenile Crime Public Emergencies Extension 22 
Authorization Temporary Amendment Act of 2024”. 23 
 Sec. 2. The District of Columbia Public Emergency Act of 1980, effective March 5, 1981 24 
(D.C. Law 3-149; D.C. Official Code § 7-2301 et seq.), is amended as follows: 25 
(a) Section 2(3)(I) (D.C. Official Code § 7-2301(3)(I)) is amended by striking the phrase 26 
“communicable disease” and inserting the phrase “communicable disease, or significant 27 
existence of a deadly or otherwise dangerous disease, disorder, condition, or activity,” in its 28 
place. 29    	ENGROSSED ORIGINAL 
 
 
 
 
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(b) Section 7 (D.C. Official Code § 7-2306) is amended by adding a new subsection (c-2) 30 
to read as follows: 31 
“(c-2)(1) Notwithstanding subsections (b) and (c) of this section, the Mayor may extend 32 
the 15-day February 27, 2024, emergency executive order declaring a public emergency in 33 
response to the opioid crisis (Mayor’s Order 2024-035) and the 15-day February 27, 2024, 34 
emergency executive order declaring a public emergency in response to juvenile crime (Mayor’s 35 
Order 2024-035) while the Opioid Crisis and Juvenile Crime Public Emergencies Extension 36 
Authorization Temporary Amendment Act of 2024 is in effect (passed on first reading on March 37 
5, 2024) (engrossed version of B25-XXX). After the extensions authorized by this subsection, 38 
the Mayor may extend the emergency orders for additional 15-day periods pursuant to subsection 39 
(b) or subsection (c) of this section. 40 
“(2) Notwithstanding section 5(b) (D.C. Official Code § 7-2304(b)), the Mayor shall 41 
comply with all District laws when exercising her authority pursuant to Mayor’s Order 2024-42 
035, including those laws stated in Mayor’s Order 2024-035 to be subject to waiver, suspension, 43 
or modification; except, that the Mayor may waive the requirements of the Procurement 44 
Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 45 
2-354.01 et seq.), and the Grant Administration Act of 2013, effective December 24, 2013 (D.C. 46 
Law 20-61; D.C. Official Code 1-328.11 et seq.). 47    	ENGROSSED ORIGINAL 
 
 
 
 
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“(3) The Mayor shall, prior to any exercise of the authority granted by this subsection,  48 
provide written notice to the Council of any waiver under paragraph (2) of this subsection. Such 49 
notice shall include, at a minimum: 50 
   “(A) Citations to the law or laws being waived; and 51 
                         “(B) In any instance where the Mayor is waiving procurement laws, a 52 
summary of each proposed procurement, which summary shall include:  53 
                                    “(i) A description of the specific goods or services to be procured; 54 
                                     “(ii) The source selection method, including whether the 55 
procurement was competitively sourced;  56 
 “(iii) The contract amount and the source of funds, whether federal 57 
or local;  58 
 “(iv) The name and certified business enterprise status of the 59 
proposed awardee; and 60 
 “(v) An explanation regarding why expedited procurement 61 
procedures are necessary to meet the specific need identified. 62 
“(4) The Mayor shall provide the Council with copies of any grants awarded or 63 
contracts entered into using the authority granted by this subsection no later than 15 days after 64 
awarding the grant or entering into the contract.”. 65 
Sec. 3. Section 2(a) of the Opioid Crisis and Juvenile Crime Public Emergencies Extension 66 
Authorization Temporary Amendment Act of 2023, effective February 22, 2024 (D.C. Law 25-67 
126; 71 DCR 645), is repealed. 68    	ENGROSSED ORIGINAL 
 
 
 
 
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Sec. 4. Fiscal impact statement. 69 
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 70 
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 71 
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 72 
Sec. 5. Effective date.  73 
(a) This act shall take effect following approval by the Mayor (or in the event of veto by 74 
the Mayor, action by the Council to override the veto), a 30-day period of congressional review 75 
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 76 
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 77 
Columbia Register. 78 
(b) This act shall expire after 225 days of its having taken effect on September 17, 2024. 79