District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill PR26-0160 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	MURIELBOWSER
2	2	MAYOR
3	3	March26,2025
4	4	TheHonorablePhilMendelson,Chairman
5	5	CounciloftheDistrictofColumbia
6	6	JohnA.WilsonBuilding
7	7	1350PennsylvaniaAvenue,NW
8	8	Washington,DC20004
9	9
10	10	DearChairmanMendelson:
11	11	EnclosedforconsiderationbytheCouncilisthe“CertifiedBusinessEnterpriseProgramComplianceand
12	12	EnforcementSupportEmergencyDeclarationResolutionof2025,”the“CertifiedBusinessEnterprise
13	13	ProgramComplianceandEnforcementSupportEmergencyAmendmentActof2025,”andthe“Certified
14	14	BusinessEnterpriseProgramComplianceandEnforcementSupportTemporaryAmendmentActof
15	15	2025.”
16	16	‘TheresolutionandaccompanyingemergencyandtemporarybillsclosegapsintheDistrict'sCertified
17	17	BusinessEnterprise(CBE)Programbymakingcriticalamendmentstosections2302,2331,2346,and
18	18	2363oftheSmallandCertifiedBusinessEnterpriseDevelopmentandAssistanceActof2005(“the
19	19	Act”).
20	20	Morespecifically,theseamendmentswill:(1)establishuniformhearingproceduresforalldepartmental
21	21	enforcementactionsbeforeOAH;(2)clarifycurrentdefinitionsoradddefinitionstocriticaltermsused
22	22	throughouttheAct;(3)reinstateprovisionspreviouslypassedbyCouncilrelatedtothelocalbusiness
23	23	enterprisetestthathavesincelapsed;and(4)rightsizejointventureperformancerequirementsfor
24	24	certifiedbusinessenterprises.
25	25	‘Thesenecessary,time-sensitivechangeswillallowtheDistricttomoreeffectivelyandefficiently
26	26	administertheDistrict'sCBElawsaswellasenforcetheDistrict'sCBEcompliancerequirements.
27	27
28	28	TurgetheCounciltotakepromptandfavorableactionontheenclosedlegislation.
29	29	Sincerely,
30	30	M
31	31	Endtosures. 1
32	32	2
33	33	3
34	34	4
35	35	5
36	36	6
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38	38	8
39	39	9
40	40	A PROPOSED RESOLUTION
41	41	ChafrmanPhil Mendelson
42	42	At the request
43	43	of the Mayor
44	44	10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
45	45	11
46	46	12
47	47	13
48	48	14 To declare the existence of an emergency with respect to the need to amend the Small
49	49	15 and Certified Business Enterprise Development and Assistance Act of 2005 to require a
50	50	16 business applying for certification as a local business enterprise to be independently
51	51	17 owned and operated; to amend minimum certified business enterprise performance
52	52	18 requirements in a certified joint venture; and to establish uniform hearing procedures for
53	53	19 enforcement actions.
54	54	20
55	55	21
56	56	22 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
57	57	23 resolution may be cited as the "Certified Business Enterprise Program Compliance and
58	58	24 Enforcement Support Emergency Declaration Resolution
59	59	of 2025".
60	60	25 Sec. 2. (a) A Ce1iified Business Enterprise (CBE) is a business enterprise certified by the
61	61	26 Department
62	62	of Small and Local Business Development (DSLBD) as a local business enterprise.
63	63	27 (b) Businesses with CBE certification may receive preference when submitting bids or
64	64	28 proposals for procurement and contracting opportunities.
65	65	29 (c) There are currently over 2,000 businesses participating
66	66	in the District's CBE
67	67	30 Program.
68	68	31 ( d) In 2021, 2022, and 2023, the Council passed a series of Local Business Enterprise
69	69	32 Clarification Emergency Amendment Acts ("the Acts") that required local businesses participating in the CBE Program to be independently owned and operated thereby furthering the 33
70	70	spirit of the Small and Certified Business Enterprise Development and Assistance Act of 2005. 34
71	71	(e) Emergency legislation is needed to reinstate the most recent version of the provisions 35
72	72	passed by Council in the Acts. 36
73	73	(f) Further, following a recent revocation hearing before the Office of 37
74	74	Administrative Hearings, DSLBD determined that uniform hearing procedures for complaints 38
75	75	needed to be established expeditiously to ensure procedural consistency and fairness for 39
76	76	businesses, as well as increased effectiveness and efficiency in departmental compliance and 40
77	77	enforcement procedures. 41
78	78	(g) Accordingly, emergency legislation is needed to maintain provisions passed by the 42
79	79	Council in the Certified Business Enterprise Program Compliance and Enforcement Support 43
80	80	Emergency Amendment Act of 2024 that clarified and updated procedures under section 2363 of 44
81	81	the Act. 45
82	82	(h) Failure to move these amendments will have an adverse effect on CBE program 46
83	83	administration, agency operations, and agency compliance and enforcement mechanisms. 47
84	84	Sec. 3. The Council determines that the circumstances enumerated in section 2 constitute 48
85	85	emergency circumstances making it necessary that the Certified Business Enterprise Program 49
86	86	Compliance and Enforcement Support Emergency Amendment Act of 2025 be adopted after a 50
87	87	single reading. 51
88	88	Sec. 4. The Secretary of the Council shall transmit a copy of this resolution, upon its 52
89	89	adoption, to the Mayor of the District of Columbia. 53
90	90	Sec. 5. This resolution shall take effect immediately. 54