Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                            AN ACT

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                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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To amend, on an emergency basis, the District of Columbia Public Emergency Act of 1980 to

      clarify the types of circumstances that may constitute a public emergency and to

      authorize the Mayor to extend the duration of public emergencies related to the opioid

      crisis and juvenile crime, to authorize the Mayor to waive the requirements of the

      Procurement Practices Reform Act of 2010 and the Grant Administration Act of 2013 in

      exercising her authority under the public emergencies related to the opioid crisis and

      juvenile crime, and to require the Mayor to provide written notice to the Council before

      engaging in conduct that would require the waiver of the Procurement Practices Reform

      Act of 2010 or Grant Administration Act of 2013.

       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the “Opioid Crisis and Juvenile Crime Public Emergencies Extension

Authorization Emergency Amendment Act of 2024”.

        Sec. 2. The District of Columbia Public Emergency Act of 1980, effective March 5, 1981

(D.C. Law 3-149; D.C. Official Code § 7-2301 et seq.), is amended as follows:

        (a) Section 2(3)(I) (D.C. Official Code § 7-2301(3)(I)) is amended by striking the phrase

“communicable disease” and inserting the phrase “communicable disease, or significant

existence of a deadly or otherwise dangerous disease, disorder, condition, or activity,” in its

place.

        (b) Section 7 (D.C. Official Code § 7-2306) is amended by adding a new subsection (c-2)

to read as follows:

        “(c-2)(1) Notwithstanding subsections (b) and (c) of this section, the Mayor may extend

the 15-day February 27, 2024, emergency executive order declaring a public emergency in

response to the opioid crisis (Mayor’s Order 2024-035) and the 15-day February 27, 2024,

emergency executive order declaring a public emergency in response to juvenile crime (Mayor’s

Order 2024-035) while the Opioid Crisis and Juvenile Crime Public Emergencies Extension

Authorization Emergency Amendment Act of 2024, passed on emergency basis on March 5,

2024 (Enrolled version of Bill 25-733) is in effect. After the extensions authorized by this

subsection, the Mayor may extend the emergency orders for additional 15-day periods pursuant

to subsection (b) or subsection (c) of this section.

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               “(2) Notwithstanding section 5(b) (D.C. Official Code § 7-2304(b)), the Mayor

shall comply with all District laws when exercising her authority pursuant to Mayor’s Order

2024-035, including those laws stated in Mayor’s Order 2024-035 to be subject to waiver,

suspension, or modification; except, that the Mayor may waive the requirements of the

Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C.

Official Code § 2-354.01 et seq.), and the Grant Administration Act of 2013, effective December

24, 2013 (D.C. Law 20-61; D.C. Official Code 1-328.11 et seq.).

               “(3) The Mayor shall, prior to any exercise of the authority granted by this

subsection, provide written notice to the Council of any waiver under paragraph (2) of this

subsection. The notice shall include, at a minimum:

                       “(A) Citations to the law or laws being waived; and

                       “(B) In any instance where the Mayor is waiving procurement laws, a

summary of each proposed procurement, which summary shall include:

                               “(i) A description of the specific goods or services to be procured;

                               “(ii) The source selection method, including whether the

procurement was competitively sourced;

                               “(iii) The contract amount and the source of funds, whether federal

or local;

                               “(iv) The name and certified business enterprise status of the

proposed awardee; and

                               “(v) An explanation regarding why expedited procurement

procedures are necessary to meet the specific need identified.

               “(4) The Mayor shall provide the Council with copies of any grants awarded or

contracts entered into using the authority granted by this subsection no later than 15 days after

awarding the grant or entering into the contract.”.

       Sec. 3. Section 2(a) of the Opioid Crisis and Juvenile Crime Public Emergencies

Extension Authorization Temporary Amendment Act of 2023, effective February 22, 2024 (D.C.

Law 25-126; 71 DCR 645), is repealed.

       Sec. 4. Fiscal impact statement.

       The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact

statement required by section 4a of the General Legislative Procedures Act of 1975, approved

October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

       Sec. 5. Effective date.

       This act shall take effect following approval by the Mayor (or in the event of veto by the

Mayor, action by the Council to override the veto), and shall remain in effect for no longer than

90 days, as provided for emergency acts of the Council of the District of Columbia in section

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412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;

D.C. Official Code § 1-204.12(a)).

              ______________________________

              Chairman

              Council of the District of Columbia

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Mayor

District of Columbia

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