Department of Transportation Establishment Act of 2001
Bill 14-343

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Chairman Linda W. Cropp, at the request of the Mayor, introduced the following bill, which was referred to the Committee on Public Works and the Environment

Chairman Linda W. Cropp, at the request of the Mayor

To establish a Department of Transportation for the District of Columbia and provide for its composition, staff, powers, and duties.

Sec. 2. Establishment of the Department of Transportation

(a) Pursuant to section 404(b) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 787; D.C. Official Code §1-204.04(b)), the Council hereby establishes the Department of Transportation ("DOT") as an Agency within the Executive Branch of the government of the District of Columbia to improve the District's economic competitiveness and quality of life by planning and coordinating the transportation system, and managing and maintaining the transportation infrastructure, to ensure the safe, efficient movement of people, goods and information along the public rights-of-way.

(b) The Director of the DOT shall have authority over the department and all its functions and personnel, including the power to re-delegate to other employees and officials of the department such powers and authority as, in the judgment of the Director, is warranted in the interests of efficiency and sound administration.

Sec. 3. Organization

(a) There is hereby established in the DOT:

(1) The Office of the Director, with subordinate staff offices responsible for overall management responsibility of the office:

(A) Human Resources;

(B) Technology and information services;

(C) Contracting and procurement;

(D) Legal; and

(E) Budget and financial services;

(2) The Infrastructure Project Management Administration, with subordinate staff offices, to coordinate and manage:

(A) Project Management

(i) Design and engineering;

(ii) Street and bridge construction project management;

(B) Quality Control and Quality Assurance

(i) Material inspection;

(ii) Material testing;

(iii) Project materials specification review;

(C) Project Management Support

(i) Construction project review and coordination;

(ii) Construction contract execution;

(iii) Design and engineering support;

(iv) Street and bridge construction support;

(D) Asset Management

(3) The Transportation Policy and Planning Administration, with subordinate staff offices to coordinate and manage the following:

(A) Intermodal planning;

(B) Financial planning and management;

(C) Project identification and development;

(D) Transportation system data management;

(E) State transportation environmental compliance;

(F) Mass transit policy, including supporting the Washington Metropolitan Area Transit Authority (hereinafter WMATA) Board members and acting as a liaison between WMATA and the District Government;

(G) Alternative transportation; and

(H) School transit subsidy;

(4) The Traffic Services Administration, with subordinate staff offices, to coordinate and manage the functions as follows:

(A) Traffic operations and safety;

(B) Intelligent transportation systems;

(C) Curbside management;

(D) Transportation systems management; and

(E) Traffic signal systems;

(5) The Rights-of-Way Management Administration, with subordinate staff offices, to coordinate and manage the functions as follows:

(A) Public Space permits and records;

(B) Investigations and inspections;

(C) Bridge and street maintenance;

(D) Traffic sign fabrication and installation;

(6) Tree Management Administration, with subordinate staff offices, to coordinate and management the functions as follows:

(A) Tree planting and maintenance; and

(B) Tree inventory management.

(a) The primary duties of the offices of the DOT are to plan, program, operate, manage, control, and maintain systems, processes, and programs to meet transportation needs within the District of Columbia as follows:

(1) Project management:

(A) Provide superior management and implementation of transportation improvement plans and projects;

(B) Manage capital projects related to the design and construction of streets, alleys, curbs, gutters, bicycle lanes, sidewalks, and medians;

(C) Conduct studies, review, and approve construction materials utilization and to ensure that the transportation system is maintained to the highest standards; and

(D) Administer the full range of processing required to execute construction contracts for transportation, from initial preparation of bid documents through final construction completion;

(2) Policy and planning:

(A) Develop and update the Intermodal State Transportation Plan, corridor management plans and other traffic studies on a regular basis, focusing on the safe and efficient movement of people, goods, and information;

(B) Conduct planning studies on the condition and quality of the District's transportation system to locate areas where future investment is required;

(C) Develop alternative methods of financing transportation projects and services to achieve financial self-sufficiency;

(D) Develop historic district streetscape standards;

(E) Develop and implement transportation safety programs;

(E)[sic] Develop and maintain a performance monitoring system to measure the quality and effectiveness of transportation services;

(G) Develop and maintain the transportation elements of the Geographic Information System;

(H) Develop paratransit systems, water taxis, tour bus support services, light rail systems and other transportation services to provide for safe and efficient movement of persons throughout the city;

(I) Operate the District of Columbia school transit subsidy program;

(J) Prepare studies on mass transit needs of District residents including rail and bus services and review and revise bus routes, support the WMATA Board members, and act as a liaison between WMATA and the District Government; and

(K) Develop policies and programs to encourage and provide for the safe use of bicycles for recreational and work related travel;

(3) Traffic services:

(A) Provide a safe transportation system by maintaining a high quality traffic control system, including traffic signals, signage, and street lights;

(B) Allocate and regulate on-street parking;

(C) Develop a city-wide parking management program to balance the needs of parking in support of economic development;

(D) Establish parking and curb use regulations;

(E) Incorporate transportation safety features in the development, design, and construction of pedestrian, bicycle, motor vehicle, and mass transportation facilities and programs;

(F) Maintain the mechanical and electrical systems which support the transportation infrastructure; and

(4) Rights-of-Way management functions:

(A) Review and approve public space permit requests for work taking place within the public rights-of-way, including private use and utility work public space requests, to ensure that transportation services are maintained and that the infrastructure is restored after the work is complete;

(B) Maintain official public space records;

(C) Perform regular inspections of the transportation system infrastructure;

(D) Perform routine repair and maintenance activities to maintain a high quality of transportation infrastructure;

(E) Coordinate seasonal snow removal operation on major arterials in conjunction with the Department of Public Works; and

(F) With the consent of the Director of the Office of Property Management, acquire real property, by purchase or lease, grant or gift for use by the DOT, and dispose of real property through sale, lease, or other authorized method, and exercise other acquisition and property disposition authority delegated to the Mayor;

(5) Tree management functions:

(A) Maintains tree inventory system;

(B) Perform routine tree maintenance;

(C) Review transportation related construction plans to ensure for the provision of adequate right-of-way for tree planting; and

(D) Plants, removes, and trims trees citywide.

Sec. 5. Transfers

(a) All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Public Works for transportation and other functions, as set forth in section III(A), III(B), III(C), III(D) (not including supply and fuel distribution), III(E), III(F) (not including the ensurance of the proper and sanitary collection and disposal of refuse in an environmentally sound manner), III(H) (not including parking enforcement and vehicle and driver licensing, registration, and control), III(I) (including only streets and bridges), III(J) (not including the control of building systems and the provision of repair and improvement services), and III(L) of Reorganization Plan No. 4 of 1983, effective March 1, 1984 are hereby transferred to the DOT.

(b) All of the functions assigned and authorities delegated to the Department of Public Works, with respect to transportation and other functions, as set forth in section III(A), III(B), III(C), III(D) (not including supply and fuel distribution), III(E), III(F) (not including the ensurance of the proper and sanitary collection and disposal of refuse in an environmentally to sound manner), III(H) (not including parking enforcement and vehicle and driver licensing, registration, and control), III(I) (including only streets and bridges), III(J) (not including the control of building systems and the provision of repair and improvement services), and III(L) of Reorganization Plan No. 4 of 1983, effective March 1, 1984 are hereby transferred to the DOT.

(c) All of the functions of the Department of Public Works as set forth in section IV(A) of Reorganization Plan No. 4 of 1983, effective March 1, 1984 are hereby transferred to the DOT.

(d) All of the duties and functions assigned or delegated to the Department of Public Works as set forth in Mayor's Order No. 96-8, Delegation of Authority Pursuant to D.C. Law 11-176, the "Rental of Public Structures in Public Space Temporary Act of 1995", dated January 31, 1996 are hereby transferred to the DOT.

(e) All the functions assigned and authorities delegated to the Department of Administrative Services in Section III(C) of the Reorganization Plan No. 5 of 1983, effective March 1, 1984, that transferred to the Office of Property Management pursuant to Section 1805(b) of D.C. Law 12-175, effective March 26, 1999, with respect to transportation functions are hereby transferred to the DOT.

Sec. 6 Delegation and Redelegation of Authority

Except as provided in Section 5 (a) and (b) of this Plan, the Director of the DOT is the successor to all transportation related authority delegated to the Director of the Department of Public Works and is authorized to act, either personally or through a designated representative, as a member of any committees, commissions, boards, or other bodies which presently include as a member the Director of the Department of Public Works.

Sec. 7. Reorganization

Sec. 8. Rescission

All orders and parts of orders in conflict with any of the provisions of this plan are, to the extent such conflict, hereby repealed, except that any municipal regulations adopted or promulgated by virtue of the authority granted by such orders, shall remain in force until properly revised, amended or rescinded.

Sec. 9. Subordinate agency status.

Section 301(q) of the District of Columbia Comprehensive Government Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code § 1-603.1(17), is amended by adding a new paragraph (47) to read as follows:

"(47) Department of Transportation.".

Sec. 10. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(3)).

Sec. 11. Applicability.

This act shall take effect upon its 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 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.

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DISTRICT OF COLUMBIA DEPARTMENT OF TRANSPORTATION ESTABLISHMENT ACT OF 2001

SECTION BY SECTION ANALYSIS OF THE BILL

Section 1 :

States the purpose and short title of the act.

Section 2 :

Establishes the Department of Transportation ("DOT").

Section 3 :

Establishes and states the responsibilities of the offices and divisions within the DOT.

Section 4 :

States the primary functions of the major organizational components of the DOT.

Section 5 :

Transfers to the DOT, all resources made available, functions assigned, and authorities delegated to the Department of Public Works with respect to transportation functions, and transfers to the DOT all authority to manage and control the acquisition and disposal of real property with respect to transportation functions delegated to the Office of Property Management.

Section 6 :

Delegates certain authority from Director of the Department of Public Works to the Director of the DOT.

Section 7 :

Authorizes the Director to organize personnel and property transferred upon the establishment of the DOT.

Section 8 :

Rescinds all orders and part of orders in conflict with any of the provisions of this plan.

Section 9 :

Establishes the subordinate agency status of the DOT.

Section 10:

Contains the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(3)).

Section 11:

Establishes the effective date of the act.