D.C. Act 22-605. Office of Public-Private Partnerships Delegation of Authority Clarification Emergency Amendment Act of 2018.

AN ACT

To amend, on an emergency basis, the Procurement Practices Reform Act of 2010 and the Public-Private Partnership Act of 2014 to allow the Office of Public-Private Partnerships to delegate its contracting authority for public-private partnership agreements to the Office of Contracting and Procurement as of January 1, 2017, and to require any employee of the Office of Contracting and Procurement exercising such delegated authority to comply with provisions of the Public-Private Partnership Act of 2014 and any regulations promulgated to effectuate it.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Office of Public-Private Partnerships Delegation of Authority Clarification Emergency Amendment Act of 2018".

Sec. 2. Section 201(f) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-352.01(f)), is amended by striking the phrase "requirements of this act" and inserting the phrase "requirements of this act, except, effective January 1, 2017, as provided in section 102(e) of the Public-Private Partnership Act of 2014, effective March 11, 2015 (D.C. Law 20-228; D.C. Official Code § 2-272.01(e))" in its place.

Sec. 3. Section 102 of the Public-Private Partnership Act of 2014, effective March 11, 2015 (D.C. Law 20-228; D.C. Official Code § 2-272.01), is amended by adding a new subsection (e) to read as follows:

"(e)(1) Effective January 1, 2017, the Office may delegate to the Office of Contracting and Procurement ("OCP"), at the discretion of OCP, the authority to serve as the contracting officer for the Office for public-private partnership agreements entered into pursuant to this act and to carry out other contracting functions related to public-private partnerships on behalf of the Office.

"(2) Any OCP employee exercising authority delegated pursuant to this subsection shall comply with the provisions of this act and any rules and regulations promulgated to effectuate this act.".

Sec. 4. Repealer.

(a) The Office of Public-Private Partnerships Delegation of Authority Congressional Review Emergency Amendment Act of 2018, effective October 25, 2018 (D.C. Act 22-490; 65 DCR 12062), is repealed.

(b) The Office of Public-Private Partnerships Delegation of Authority Temporary Amendment Act of 2018, effective November 27, 2018 (D.C. Law 22-187; 65 DCR 11410), is repealed.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report for the Office of Public-Private Partnerships Delegation of Authority Amendment Act of 2018, passed on 2nd reading on December 4, 2018 (Enrolled version of Bill 22-911), 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. 6. 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)).