§ 7–2306. Duration of emergency executive order; extension; publication of order; regional programs and agreements.

*NOTE: This section includes amendments by temporary legislation that will expire on October 4, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Past Permanent Version.*

*NOTE: This section includes amendments by temporary legislation that will expire on January 12, 2025. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Past Permanent Version.*

(a) An emergency executive order, or a public health emergency executive order, issued by the Mayor shall be effective for a period of no more than 15 calendar days from the day it is signed by the Mayor, but may be rescinded in whole or in part by the Mayor within that period should the Mayor determine that the public emergency no longer exists, or no longer warrants the part rescinded.

(b) An emergency executive order, or a public health emergency executive order, may be extended for up to an additional 15-day period, only upon request by the Mayor for, and the adoption of, an emergency act by the Council of the District of Columbia.

(c) Should extenuating circumstances, such as death, destruction or other perilous conditions prohibit the convening of at least two-thirds of the members of the Council of the District of Columbia for consideration of emergency legislation, the Mayor shall make a reasonable attempt to consult with those members of the Council of the District of Columbia not affected by death, destruction, or other perilous conditions, after which the Mayor may extend the emergency executive order for up to 15 days.

(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 § 7-2304(b), the Mayor shall comply with all District laws when exercising her authority pursuant to Mayor's Order 2023-141, including those laws stated in Mayor's Order 2023-141 to be subject to waiver, suspension, or modification; except, that the Mayor may waive the requirements of subchapter IV of Chapter 3A of Title 2.

(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;

(B) In any instance where the Mayor is waiving procurement laws, a summary of each proposed procurement, which 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.

(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 Temporary Amendment Act of 2024, passed on 2nd reading on April 2, 2024) (Enrolled version of B25-734) [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.

(2) Notwithstanding § 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 subchapter IV of Chapter 3A of Title 2, and part B of subchapter XII-A of Chapter 3 of Title 1.

(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.

(d) Upon the issuance of any emergency executive order, or a public health emergency executive order, as soon as practicable given the condition of the emergency, the order shall be published in the District of Columbia Register, in 2 daily newspapers of general circulation in the District of Columbia, and shall be posted in such public places in the District of Columbia as the Mayor determines by regulation.

(e) The Mayor may adopt and implement such rules and regulations as the Mayor finds necessary to carry out the purposes of this chapter, pursuant to the District of Columbia Administrative Procedure Act (§ 2-501 et seq.).

(f) The Mayor may join or enter into, on behalf of the District of Columbia government, regional programs, and agreements with the federal government, neighboring states, and political subdivisions thereof, for the coordination of disaster preparedness programs.