D.C. Act 25-327. Opioid Crisis and Juvenile Crime Public Emergencies Extension Authorization Emergency Amendment Act of 2023.
AN ACT
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, to authorize the Mayor to extend the duration of the public emergencies related to the opioid crisis and juvenile crime, to authorize the Mayor to waive the requirements of Title IV of the Procurement Practices Reform Act of 2010 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 Title IV of the Procurement Practices Reform Act of 2010.
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 2023".
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 "Outbreak of a communicable disease" and inserting the phrase "Outbreak of a 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-1) to read as follows:
"(c-1)(1) Notwithstanding subsections (b) and (c) of this section, the Mayor may extend the 15-day November 13, 2023, emergency executive order declaring a public emergency in response to the opioid crisis (Mayor's Order 2023-141) and the 15-day November 13, 2023, emergency executive order declaring a public emergency in response to juvenile crime (Mayor's Order 2023-141) until February 15, 2024. 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.
"(2) Notwithstanding
"(3) The Mayor shall, prior to any exercise of the authority granted by this subsection, provide written notice to the Council. Such 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.".
Sec. 3. Applicability.
Section 2(a) shall apply as of November 13, 2023.
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 no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 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)).
