District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0734 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
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6	6		1
7		-	AN ACT
8		-
9		-	____________
10		-
11		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12		-
13		-	__________________
14		-
15		-
16		-	To amend, on a temporary 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		-
27		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
28		-	act may be cited as the “Opioid Crisis and Juvenile Crime Public Emergencies Extension
29		-	Authorization Temporary Amendment Act of 2024”.
30		-
31		-	Sec. 2. The District of Columbia Public Emergency Act of 1980, effective March 5, 1981
32		-	(D.C. Law 3-149; D.C. Official Code § 7-2301 et seq.), is amended as follows:
33		-	(a) Section 2(3)(I) (D.C. Official Code § 7-2301(3)(I)) is amended by striking the phrase
34		-	“communicable disease” and inserting the phrase “communicable disease, or significant
35		-	existence of a deadly or otherwise dangerous disease, disorder, condition, or activity,” in its
36		-	place.
37		-	(b) Section 7 (D.C. Official Code § 7-2306) is amended by adding a new subsection (c-2)
38		-	to read as follows:
39		-	“(c-2)(1) Notwithstanding subsections (b) and (c) of this section, the Mayor may extend
40		-	the 15-day February 27, 2024, emergency executive order declaring a public emergency in
41		-	response to the opioid crisis (Mayor’s Order 2024-035) and the 15-day February 27, 2024,
42		-	emergency executive order declaring a public emergency in response to juvenile crime (Mayor’s
43		-	Order 2024-035) while the Opioid Crisis and Juvenile Crime Public Emergencies Extension
44		-	Authorization Temporary Amendment Act of 2024, passed on 2nd reading on April 2, 2024)
45		-	(Enrolled version of B25-734). After the extensions authorized by this subsection, the Mayor ENROLLED ORIGINAL
	7	+	A BILL 1
	8	+	2
	9	+	25-734 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 District of Columbia Public Emergency Act of 1980 to 10
	17	+	clarify the types of circumstances that may constitute a public emergency and to 11
	18	+	authorize the Mayor to extend the duration of public emergencies related to the opioid 12
	19	+	crisis and juvenile crime, to authorize the Mayor to waive the requirements of the 13
	20	+	Procurement Practices Reform Act of 2010 and the Grant Administration Act of 2013 in 14
	21	+	exercising her authority under the public emergencies related to the opioid crisis and 15
	22	+	juvenile crime, and to require the Mayor to provide written notice to the Council before 16
	23	+	engaging in conduct that would require the waiver of the Procurement Practices Reform 17
	24	+	Act of 2010 or Grant Administration Act of 2013. 18
	25	+	19
	26	+	20
	27	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 21
	28	+	act may be cited as the “Opioid Crisis and Juvenile Crime Public Emergencies Extension 22
	29	+	Authorization Temporary Amendment Act of 2024”. 23
	30	+	Sec. 2. The District of Columbia Public Emergency Act of 1980, effective March 5, 1981 24
	31	+	(D.C. Law 3-149; D.C. Official Code § 7-2301 et seq.), is amended as follows: 25
	32	+	(a) Section 2(3)(I) (D.C. Official Code § 7-2301(3)(I)) is amended by striking the phrase 26
	33	+	“communicable disease” and inserting the phrase “communicable disease, or significant 27
	34	+	existence of a deadly or otherwise dangerous disease, disorder, condition, or activity,” in its 28
	35	+	place. 29 ENGROSSED ORIGINAL
46	36
47	37
48	38
49	39
50	40		2
51		-	may extend the emergency orders for additional 15-day periods pursuant to subsection (b) or
52		-	subsection (c) of this section.
53		-	“(2) Notwithstanding section 5(b) (D.C. Official Code § 7-2304(b)), the Mayor
54		-	shall comply with all District laws when exercising her authority pursuant to Mayor’s Order
55		-	2024-035, including those laws stated in Mayor’s Order 2024-035 to be subject to waiver,
56		-	suspension, or modification; except, that the Mayor may waive the requirements of the
57		-	Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C.
58		-	Official Code § 2-354.01 et seq.), and the Grant Administration Act of 2013, effective December
59		-	24, 2013 (D.C. Law 20-61; D.C. Official Code 1-328.11 et seq.).
60		-	“(3) The Mayor shall, prior to any exercise of the authority granted by this
61		-	subsection, provide written notice to the Council of any waiver under paragraph (2) of this
62		-	subsection. The notice shall include, at a minimum:
63		-	“(A) Citations to the law or laws being waived; and
64		-	“(B) In any instance where the Mayor is waiving procurement laws, a
65		-	summary of each proposed procurement, which summary shall include:
66		-	“(i) A description of the specific goods or services to be procured;
67		-	“(ii) The source selection method, including whether the
68		-	procurement was competitively sourced;
69		-	“(iii) The contract amount and the source of funds, whether federal
70		-	or local;
71		-	“(iv) The name and certified business enterprise status of the
72		-	proposed awardee; and
73		-	“(v) An explanation regarding why expedited procurement
74		-	procedures are necessary to meet the specific need identified.
75		-	“(4) The Mayor shall provide the Council with copies of any grants awarded or
76		-	contracts entered into using the authority granted by this subsection no later than 15 days after
77		-	awarding the grant or entering into the contract.”.
78		-
79		-	Sec. 3. Section 2(a) of the Opioid Crisis and Juvenile Crime Public Emergencies Extension
80		-	Authorization Temporary Amendment Act of 2023, effective February 22, 2024 (D.C. Law 25-
81		-	126; 71 DCR 645), is repealed.
82		-
83		-	Sec. 4. Fiscal impact statement.
84		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
85		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
86		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
87		-
88		-	Sec. 5. Effective date.
89		-	(a) This act shall take effect following approval by the Mayor (or in the event of veto by
90		-	the Mayor, action by the Council to override the veto), and a 30-day period of congressional ENROLLED ORIGINAL
	41	+	(b) Section 7 (D.C. Official Code § 7-2306) is amended by adding a new subsection (c-2) 30
	42	+	to read as follows: 31
	43	+	“(c-2)(1) Notwithstanding subsections (b) and (c) of this section, the Mayor may extend 32
	44	+	the 15-day February 27, 2024, emergency executive order declaring a public emergency in 33
	45	+	response to the opioid crisis (Mayor’s Order 2024-035) and the 15-day February 27, 2024, 34
	46	+	emergency executive order declaring a public emergency in response to juvenile crime (Mayor’s 35
	47	+	Order 2024-035) while the Opioid Crisis and Juvenile Crime Public Emergencies Extension 36
	48	+	Authorization Temporary Amendment Act of 2024 is in effect (passed on first reading on March 37
	49	+	5, 2024) (engrossed version of B25-XXX). After the extensions authorized by this subsection, 38
	50	+	the Mayor may extend the emergency orders for additional 15-day periods pursuant to subsection 39
	51	+	(b) or subsection (c) of this section. 40
	52	+	“(2) Notwithstanding section 5(b) (D.C. Official Code § 7-2304(b)), the Mayor shall 41
	53	+	comply with all District laws when exercising her authority pursuant to Mayor’s Order 2024-42
	54	+	035, including those laws stated in Mayor’s Order 2024-035 to be subject to waiver, suspension, 43
	55	+	or modification; except, that the Mayor may waive the requirements of the Procurement 44
	56	+	Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 45
	57	+	2-354.01 et seq.), and the Grant Administration Act of 2013, effective December 24, 2013 (D.C. 46
	58	+	Law 20-61; D.C. Official Code 1-328.11 et seq.). 47 ENGROSSED ORIGINAL
91	59
92	60
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95	63		3
96		-	review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
97		-	December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
98		-	(b) This act shall expire on September 17, 2024.
	64	+	“(3) The Mayor shall, prior to any exercise of the authority granted by this subsection, 48
	65	+	provide written notice to the Council of any waiver under paragraph (2) of this subsection. Such 49
	66	+	notice shall include, at a minimum: 50
	67	+	“(A) Citations to the law or laws being waived; and 51
	68	+	“(B) In any instance where the Mayor is waiving procurement laws, a 52
	69	+	summary of each proposed procurement, which summary shall include: 53
	70	+	“(i) A description of the specific goods or services to be procured; 54
	71	+	“(ii) The source selection method, including whether the 55
	72	+	procurement was competitively sourced; 56
	73	+	“(iii) The contract amount and the source of funds, whether federal 57
	74	+	or local; 58
	75	+	“(iv) The name and certified business enterprise status of the 59
	76	+	proposed awardee; and 60
	77	+	“(v) An explanation regarding why expedited procurement 61
	78	+	procedures are necessary to meet the specific need identified. 62
	79	+	“(4) The Mayor shall provide the Council with copies of any grants awarded or 63
	80	+	contracts entered into using the authority granted by this subsection no later than 15 days after 64
	81	+	awarding the grant or entering into the contract.”. 65
	82	+	Sec. 3. Section 2(a) of the Opioid Crisis and Juvenile Crime Public Emergencies Extension 66
	83	+	Authorization Temporary Amendment Act of 2023, effective February 22, 2024 (D.C. Law 25-67
	84	+	126; 71 DCR 645), is repealed. 68 ENGROSSED ORIGINAL
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103		-	______________________________
104		-	Chairman
105		-	Council of the District of Columbia
106		-
107		-
108		-
109		-
110		-	_________________________________
111		-	Mayor
112		-	District of Columbia
113		-
	89	+	4
	90	+	Sec. 4. Fiscal impact statement. 69
	91	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 70
	92	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 71
	93	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 72
	94	+	Sec. 5. Effective date. 73
	95	+	(a) This act shall take effect following approval by the Mayor (or in the event of veto by 74
	96	+	the Mayor, action by the Council to override the veto), a 30-day period of congressional review 75
	97	+	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 76
	98	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 77
	99	+	Columbia Register. 78
	100	+	(b) This act shall expire after 225 days of its having taken effect on September 17, 2024. 79