B 24-0743 — Local Business Enterprise Clarification Temporary Amendment Act of 2022

ENGROSSEDENROLLED ORIGINAL AAN BILLACT 3____________ 24-743 5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7 __________________ 9 To amend, on a temporary basis, the Small and Certified Business Enterprise Development and Assistance Act of 2005 to require that for a business enterprise to be certified as a local business enterprise it must be independently owned, operated, and controlled, more than 50% owned, operated, and controlled by a District-based enterprise or not-for-profit business, or owned by a non-District-based business enterprise or not-for-profit business that is more than 50% owned by District residents, and to require currently certified local business enterprises that do not meet one of these requirements to be recertified.

(a) Section 2331is2331 amended(D.C. by adding a new paragraph (1A) to read as follows:

Official Code § 2-218.31) is amended by adding a new paragraph (1A) to read as follows:

or ENGROSSED ORIGINAL “(iii) Owned by a non-District-based business enterprise or not-for- profit business that is more than 50% owned by District residents.

ENROLLED ORIGINAL “(a) Except as provided in subsection (b) of this section, a business enterprise currently certified as a local business enterprise pursuant this act that does not meet the requirements of section 2331(1A) and doeshas not submitsubmitted a new application to the Department of Small and Local Business Development to be recertified as a local business enterprise within 90 days of the effective date of the Local Business Enterprise Clarification Emergency Amendment Act of 2021, passedeffective onJuly an21, emergency basis June 29, 2021 (Enrolled(D.C. version of Bill 24-318), shall have its certification revoked pursuant to section 2363(a)(2)(B).

“(b)Act A24-118; business enterprise currently certified as a local business enterprise pursuant to this act that does not meet the requirements of section 2331(1A) but has an existing contract with the District, or was included as a subcontractor on a subcontracting plan on an existing contract with the District, shall be permitted to complete the term of that contract or subcontract, ENGROSSED ORIGINAL including the base year and any option years under the contract or subcontract, and receive the appropriate credit towards assisting an agency in meeting its goals pursuant to section 2341 and subcontracting points pursuant to section 2346 under its current certification.

68 DCR 7323), shall have its certification revoked pursuant to section 2363(a)(2)(B).

“(b) A business enterprise currently certified as a local business enterprise pursuant to this act that does not meet the requirements of section 2331(1A) but has an existing contract with the District, or was included as a subcontractor on a subcontracting plan on an existing contract with the District, shall be permitted to complete the term of that contract or subcontract, including the base year and any option years under the contract or subcontract, and receive the appropriate credit towards assisting an agency in meeting its goals pursuant to section 2341 and subcontracting points pursuant to section 2346 under its current certification.

(a) 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), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December ENROLLED ORIGINAL 24, 1973 (87 Stat.

______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 3