PR 26-0646

                                                                      ENROLLED ORIGINAL
                                        A RESOLUTION
                                             26-396
                   IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
                                           May 5, 2026
 To declare the existence of an emergency with respect to the need to amend the Small and
      Certified Business Enterprise Development and Assistance Act of 2005 to require a
      business applying for certification as a local business enterprise to be independently
      owned and operated, to amend minimum certified business enterprise performance
      requirements in a certified joint venture, and to establish uniform hearing procedures for
      enforcement actions.
        RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “Certified Business Enterprise Program Compliance and
Enforcement Support Emergency Declaration Resolution of 2026”.
        Sec. 2. (a) A Certified Business Enterprise (“CBE”) is a business enterprise certified by
the Department of Small and Local Business Development (“DSLBD”) as a local business
enterprise.
        (b) Businesses with CBE certification may receive preference when submitting bids or
  proposals for procurement and contracting opportunities.
        (c) There are currently over 2,000 businesses participating in the District’s CBE program.
        (d) In 2021, 2022, and 2023, the Council passed a series of emergency acts (“the Acts”)
that required local businesses participating in the CBE program to be independently owned and
operated, thereby furthering the spirit of the Small and Certified Business Enterprise
Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C.
Official Code § 2-218.01 et seq.) (“CBE Act”).
        (e) Emergency legislation is needed to reinstate the most recent version of the provisions
passed by Council in the Acts, which expired on March 29, 2026.
        (f) Further, following a revocation hearing before the Office of Administrative Hearings,
DSLBD determined that uniform hearing procedures for complaints needed to be established
expeditiously to ensure procedural consistency and fairness for businesses, as well as increased
effectiveness and efficiency in departmental compliance and enforcement procedures.
        (g) Accordingly, emergency legislation is needed to maintain provisions passed by the
Council in the Certified Business Enterprise Program Compliance and Enforcement Support
Temporary Amendment Act of 2025, effective August 16, 2025 (D.C. Law 26-25; 72 DCR
7536), that clarified and updated procedures under section 2363 of the CBE Act.
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                                                                    ENROLLED ORIGINAL
        (h) Failure to move these amendments will have an adverse effect on CBE program
administration, agency operations, and agency compliance and enforcement mechanisms.
        Sec. 3. The Council of the District of Columbia determines that the circumstances
enumerated in section 2 constitute emergency circumstances making it necessary that the
Certified Business Enterprise Program Compliance and Enforcement Support Emergency
Amendment Act of 2026 be adopted after a single reading.
       Sec. 4. This resolution shall take effect immediately.
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