Department of TransportationEstablishment Act of 2001Bill 14-343

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Updated: 02:08 pm UTC, 14/10/2024

A BILL IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA

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.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act
may be cited as the "Department of Transportation Establishment Act
of 2001".

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.

Sec. 4. Duties

(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

The Director of the DOT is authorized to organize the personnel and
property transferred herein within any organizational unit of the DOT as
the Director deems appropriate.

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.