Вы находитесь на странице: 1из 51

~Ch~~

3

~ Councilmember Mary M. Cheh

~Ch~~ 3 ~ Councilmember Mary M. Cheh 6 C~e mber David Grosso Councilmember Anita Bonds 7

6

C~e mberDavid Grosso

Councilmember Anita Bonds

7

8

9

10

11

12

13

14

A BILL

15

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

16

17

18

19

20

To a m e nd the Depa rtment of Transportation Estab li s hm ent Act of 2002 to estab li s h wit hin the

21

District Department of Transportation ("DDOT") the Proj ect Development

22

Adm inis tration, the Ope rati o ns Admi ni s trat io n, the Adm ini strati ve Div is io n, the

23

Performance Admi nistratio n, and the State Board of Transit, to provide DDOT wit h the

24

au thority to coordinate and manage park ing pol icy,

ope rations , and en fo rce ment , to to amend the D istr ict of Co lu mbia

25

regulate and oversee

the for- hi re vehicl e in dustry, ;

26

Traffic Adjudication Act of 1978 to require the Department of Motor Vehicles ("DMV")

27

to p rovide DDOT w ith monthly reports about parking infractio n adjudication, and to

28

require the Mayor to provide the Cou nc il with a repo rt and recom mendat io n abo ut the

29

location of parking infraction

adjud icatio n; to amend the Department of Motor Ve hicles

30

Establishment Act of 1998 to place w ithin the DMV the authority to administer the

31

li ce ns ing

ref resher

of the p ublic ve hi cle for- hire in dust ry and to

co urses, a nd examinatio ns fo r publi c ve hicl e

adm inister tra ining courses, fo r-hi re operators; a nd for other

32

33

purposes.

34

35

BE IT ENACTED BY THE COUNCIL OF THE D ISTRICT OF COLUMBIA, That this

36

act may be

c ited as the "Tra nspo rtation Reo rgan ization

Am e ndment Act of 20 15".

37

TITLE I. DISTRICT DEPARTMENT OF TRANSPORTATION

38

Sec. 101. The

Departme nt of Transportation Establis hm ent Act of 2002, effecti ve May

39

2 1,2002 (D.C. Law 14- 137; D.C. Officia l Code§ 50-92 1.01 et seq.) , is amended as fo ll ows:

40

(a) Section 4 (D .C. Official Code§ 50-921.03) is amended to read as fo ll ows:

1

41

"Sec. 4. Organization.

42

"There is hereby established within DDOT the following offices and divisions:

43

"(1) The Office of the Director, with subordinate staff responsible for:

44

"(A) Legal affairs;

45

"(B) Civil rights matters;

46

"(C) Compliance with the Americans with Disabilities Act of 1990,

47

approved July 26, 1990 (104 Stat. 327; 42 U.S.C. § 12101 et seq.);

48

"(D) Senior and elderly affairs; and

49

"(E) Policy and legislative affairs;

50

"(2) The Project Development Administration, with subordinate staff responsible

51

for:

52

"(A) Design and engineering and related.support;

53

"(B) Street and bridge construction project management and related

54

support;

55

"(C) Material inspection and testing;

56

"(D) Project materials specification review;

57

"(E) Construction project review and coordination;

58

"(F) Construction contract execution;

59

"(G) Intermodal planning;

60

"(H) State Transportation Environmental Compliance;

61

"(I) Project Identification and Development;

62

"(J) DC Circulator bus service;

63

"(K) DC Streetcar service;

2

64

"(L) Freight and passenger rail;

65

"(M) Mass Transit Policy, with functions to include supporting the

66

Washington Metropolitan Area Transit Authority ("WMATA") Board members and acting as a

67

liaison between WMATA and the District government on matters including:

68

"(i) Alternative transportation; and

69

"(ii) School transit subsidy; and

70

"(N) Traffic safety planning, engineering, and construction;

71

"(3) The Operations Administration, with subordinate staff responsible for:

72

"(A) Tree planting and maintenance;

73

"(B) Tree inventory management;

74

"(C) Public space permits and records;

75

"(D) Investigations and inspections relating to public space regulations;

76

"(E) Asset management;

77

"(F) Bridge and street maintenance;

78

"(G) Streetlight management;

79

"(H) Traffic operations and safety;

80

"(I) Transportation systems management;

81

"(J) Traffic sign fabrication and installation;

82

"(K) Concurrent with any other agency's authority to do so, the

83

enforcement of violations of motor vehicle parking offenses and the enforcement of violations of

84

motor vehicle moving offenses;

85

"(L) Parking policy, operations, and enforcement;

3

86

"(M) Advertisements on parking meters, including the back of receipts

87

printed out by multi-space parking meters;

88

"(N) For-hire vehicle industry regulation and policy, including proposed

89

ratemaking;

90

"(0) For-hire vehicle industry complaints and enforcement;

91

"(P) Accessible for-hire vehicle programs;

92

"(Q) Technology management, including:

93

"(i) Vehicle software and hardware systems, including payment

94

service providers; and

95

"(ii) Data collection, analysis, and back office information systems

96

management; and

97

"(R) Carsharing, tour bus, and motor carrier regulation and policy;

98

"(4) The Administrative Division, with subordinate staff responsible for:

99

"(A) Human resources;

100

"(B) Workforce development;

101

"(C) Budget and financial services;

102

"(D) Financial planning and management; and

103

"(E) Contracting and procurement; and

104

"(5) The Performance Administration, with subordinate staff responsible for:

105

"(A) Coordinating and managing transportation system data;

106

"(B) Customer service;

107

"(C) Coordinating and managing the agency's fleet, warehouses, and other

108

facilities; and

4

109

"(D) Technology and Information Services.".

110

(b) Section 5 (D.C. Official Code§ 50-921.04) is amended to read as follows:

111

"Sec. 5. Duties.

112

"The offices of the DDOT shall plan, program, operate, manage, control, and maintain

113

systems, processes, and programs to meet transportation needs as follows:

114

"(1) Project Development Administration shall:

115

"(A) Manage and implement transportation improvement plans and

116

projects;

117

"(B) Develop and update the Intermodal State Transportation Plan,

118

corridor management plans, and other traffic studies on a regular basis, focusing on the safe and

119

efficient movement of people, goods, and information;

120

"(C) Conduct planning studies on the condition and quality of the

121

District's transportation system in order to locate areas where future. investment is required;

122

"(D) Manage and construct capital projects related to the design ~nd

123

installation of streets, alleys, curbs, gutters, bicycle lanes, sidewalks, streetscapes, and medians;

124

"(E) Review and approve the use of construction materials;

125

"(F) Administer the full range of processing required to execute

126

construction contracts for transportation, from initial preparation of bid documents through final

127

construction completion;

128

"(G) Implement managed lane policies, including lane pricing, vehicle

129

eligibility, and access control; provided, that at least one lane of traffic on a street with managed

130

lanes shall be free of charge; provided further, that the Department shall submit to the Council

131

any policy created pursuant to this subparagraph for approval by act before implement~tion;

5

132

"(H) With the consent of the Chief Property Management Officer, acquire

133

real property by purchase, lease, grant, or gift for use by the Department, and dispose of real

134

property through sale, lease, or other authorized method, and exercise other acquisition. and

135

property disposition authority delegated to the Mayor;

136

"(I) Conduct studies;

137

"(J) Develop streetscape standards;

138

"(K) Develop policies and programs to encourage and provide for the safe

139

use of bicycles for recreation and work-related travel, including planning, developing, operating,

140

and regulating a Bike Sharing program, and administering the Bicycle Sharing Fund established

141

by section 9f of the Department of Transportation Establishment Act, effective May 21, 2002

142

(D.C. Law 14-137; D.C. Official Code§ 50-921.16), fund a Bike Sharing program;

143

"(L) Develop and update the District's various transportation improvement

144

plans, consistent with federal and local requirements;

145

"(M) Enter into agreements to allow the private sponsorship of bicycles,

146

equipment, and facilities used in the Bicycle Sharing program, the placement of a corporate logo,

147

slogan, or other indicia of sponsorship on the bicycles or facilities, and on related websites and

148

social media; provided, that an agreement that would modify the name or design of any part of

149

the Capital Bikeshare system, including equipment or facilities, shall be submitted to the Council

150

for a 30-day period of passive review before execution. The agreement submitted to the Council

151

shall include detailed information about a proposed name or design.·All proceeds collected from

152

a private sponsorship agreement shall be deposited into the Bicycle Sharing Fund established by

153

section 9f of the Department of Transportation Establishment Act, effective May 21, 2002 (D.C.

154

Law 14-137; D.C. Official Code§ 50-921.16);

6

155

"(N) Plan, manage, and con_tract for all, or any part of, the design,

156

engineering, construction, operation, and maintenance of any element of the Integrated Premium

157

Transit System;

158

"(0) Develop paratransit systems, water taxis, tour bus support systems,

159

light rail streetcar transit systems and other transportation services to provide for safe and

160

efficient movement of persons throughout the city;

161

"(P) Operate the District of Columbia School Transit Subsidy Program;

162

"(Q) Prepare studies on mass transit needs of District residents, including

163

rail and bus services, review and revise bus routes, review and revise the location of bus shelter

164

locations, support WMATA Board members, and act as a liaison between WMATA and the

165

District government;

166

"(R) Operate, maintain, and regulate the DC Circulator pursuant to

167

sections 11a through 11h of the Department of Transportation Establishment Act, effective May

168

21, 2002 (D.C. Law 14-137; D.C. Official Code§ 50-921.31 et seq.);

169

"(S) Operate, maintain, and regulate the DC Streetcar; and

170

"(T)(i) Propose to the State Board of Transit:

171

"(I) New routes and schedules, and substantial changes to

172

existing routes and schedules, for local transit;

173

"(II) Changes to fares for local transit; and

174

"(III) Strategic, substantial, or long-term plans to expand

175

and improve local transit service;

7

176

"(ii) For purposes of this subparagraph, "local transit" shall have

177

the same meaning as provided in section 9aa of the Department of Transportation Establishment

178

Act of 2002, as introduced on July 14, 2015;

179

"(U) Develop and implement transportation safety programs; and

180

"(V) Incorporate transportation safety features in the development, design,

181

and construction of pedestrian, bicycle, motor vehicle, and mass transportation facilities and

182

programs.

183

"(2) The Operations Administration shall:

184

"(A) Maintain a tree inventory system;

185

"(B) Perform routine tree maintenance;

186

"(C) Review transportation related construction plans to ensure the

187

provision of adequate rights-of-way for tree planting;

188

"(D) Plant, remove, and trim trees citywide;

189

"(E) Review, approve, and issue public space permit requests for

190

occupancy, work within, or other use of the public space, including private use and utility work

191

public space requests, and ensure that transportation services are maintained and that the

192

infrastructure is restored after the occupancy, work within, or other use is complete;

193

"(F) Maintain official public space records;

194

"(G) Perform regular inspections of the transportation system

195

infrastructure;

196

"(H) Enter into agreements to allow the placement of advertisements on

197

District property, under the control of DDOT, in public space and collect payments under the

198

agreements, if:

8

199

"(i) The placement of the advertisement is not in violation of

200

District or federal laws, regulations, or orders;

201

"(ii) The following provision is included in the advertisement

202

agreement: "If the Mayor or the Director of DDOT receives notice from the United States

203

Secretary of Transportation that the future operation of the advertisement agreement may result

204

in a reduction of the District's share of federal highway funds pursuant to section 131 of Title 23

205

of the United States Code, the advertiser agency shall remove the advertisement within 30 days

206

from the date of receipt of the notice by the District. Upon the expiration of the 30 days specified

207

in this paragraph, if the advertiser or advertiser agency fails to cure the violation that resulted in

208

the threatened reduction of highway funds, the Director of DDOT may terminate this agreement

209

at no cost to the District;

210

"(iii) The requirements of sections 1 and 4 of An Act To regulate

211

the erection, hanging, placing, painting, display, and maintenance of outdoor signs and other

212

forms of exterior advertising within the District of Columbia, approved March 3, 1931 (46 Stat.

213

i486; D.C. Official Code §§ 1-303.21 and§ 1-303.23), and rules issued pursuant to those

214

sections, pertaining to outdoor signs and other forms of exterior advertising in the District of

215

Columbia, shall not apply; and

216

"(iv) All proceeds collected from the advertising agreement shall

217

be paid into the DDOT Enterprise Fund for Transportation Initiatives, established under section

218

9d of the Department of Transportation Establishment Act, effective May 21, 2002 (D.C. Law

219

14-137; D.C. Official Code§ 50-921.12); provided, that proceeds related to advertisements on

220

bicycles, equipment, or facilities used for the purposes of the Bicycle Sharing program shall be

221

deposited into the Bicycle Sharing Fund established by section 9f of the Department of

9

222

Transportation Establishment Act, effective May 21, 2002 (D.C. Law 14-137; D.C. Official

223

Code§ 50-921.16);

224

"(I) Develop, implement, and enforce a comprehensive plan that covers

225

the care, maintenance, and upkeep of public space and federal reservations under the control of

226

DDOT;

227

"(J) Ensure that the transportation system is maintained to the highest

228

standards;

229

"(K) Perform routine repair and maintenance activities to maintain a high

230

quality of transportation infrastructure;

231

"(L) Coordinate seasonal snow removal operation on major arterials in

232

conjunction with the Department of Public Works;

233

"(M) Maintain the mechanical and electrical street light systems which

234

support the transportation infrastructure;

235

"(N) Provide a safe transportation system by maintaining a high quality

236

traffic control system, including traffic signals and street lights;

237

"(0) Maintain the mechanical and electrical systems signal systems which

238

support the transportation infrastructure;

239

"(P) Concurrent with any other agency's authority to do so, enforce all

240

violations of statutes, regulations, executive orders, or rules relating to motor vehicle parking

241

offenses and enforce violations of statutes, regulations, and rules relating to the operation of a

242

motor vehicle, except those violations contained in section 202 of the District of Columbia

243

Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official

244

Code§ 50-2302.02);

10

245

"(Q) Enforce all violations of statutes, regulations, executive orders, or

 

246

rules relating to motor vehicle parking offenses;

 

247

"(R) Allocate and regulate on-street parking;

 

248

"(S) Develop a city-wide parking management program to balance the

 

249

needs of parking in support of economic development;

 

250

"(T) Establish parking and curb regulations;

 

251

"(U) Install and maintain parking meters and other parking contr.ol devices

252

and systems on public rights-of-way and other public spaces in the District;

 

253

"(V)

Propose

to

the

State

Board

of

Transit

reasonable

and

254

nondiscriminatory rates for street hail taxicab service for the transportation of passengers and

255

their property within the District, including all charges incidental and directly related to the

256

provision of taxicab street hail service. Proposed rates shall balance equitably the interest of

257

owners and operators of taxicabs, taxicab companies and associations, and dispatch services in

258

procuring a maximum rate of return on investment and labor against the public interest in

259

maintaining a taxicabs system affordable to a broad cross-section of. the public;

 

260

"(W)

Establish

standards,

conditions,

and

requirements

for

different

261

classes of public vehicle-for-hire service, including the licensing of owners, operators, vehicles,

262

companies, fleets, and associations; provided, that the Department of Motor Vehicles shall

263

administer the

licensing of public vehicle-for-hire owners, operators, vehicles, companies,

264

associations, and fleets. No license requirement or operating authority under this subparagraph

265

shall be mandated by the District Department of Transportation that is duplicative of the

266

jurisdiction of the Washington Metropolitan Area Transit Commission;

 

11

267

"(X) Collect and analyze data related to public vehicle-for-hire service, as

268

needed, to inform proposed ratemaking, to ensure an adequate supply of public vehicles-for-hire,

269

to ensure service to underserved areas, and to inform transportation policy;

 

270

"(Y) Establish standards and requirements .for operator and passenger

271

safety, vehicle equipment and equipment design, and technology systems, including payment

272

service providers;

273

"(Z) Establish reasonable civil fines and penalties for violations of rules

274

and orders issued by or enforced by the District Department of Transportation, including

275

penalties consisting of license suspension and revocation;

 

276

"(AA) Advise government agencies and authorities with jurisdiction over

277

public transportation or public highways and public space within the District regarding the

278

routing of taxicabs and the location of taxicab stands;

 

279

"(BB) Establish standards and requirements for public ·vehicle-for-hire

280

accessibility, including related programs, as needed;

 

281

"(CC) Advise

the

Mayor regarding

the

execution,

modification,

and

282

termination of reciprocal agreements with governmental bodies in the Washington Metropolitan

283

Area regarding public vehicle-for-hire service;

 

284

"(DD) Establish and develop enforcement procedures, as well as the

285

training and oversight of no fewer than 20 vehicle inspection officers through street enforcement

286

efforts of private and public vehicles-for-hire. A primary function of vehicle-inspection-officers

287

shall be to ensure the proper provision of service and to support safety, including through traffic

288

stops of private and public vehicles-for-hire pursuant to laws and regulation; provided, that

12

289

nothing in this paragraph shall abrogate the authority of officers of the Metropolitan Police

290

Department to enforce and issue citations relating to vehicles-for-hire;

 

291

"(EE) Establish standards and requirements for public vehicle-for-hire

292

operator training courses, refresher courses, training for operators of accessible public vehicles-

293

for-hire, and examinations; provided, that the Department of Motor Vehicles shall administer

294

such courses and examinations;

 

295

"(FF) Establish and develop complaint procedures, and receive, hear,

296

respond to, and adjudicate complaints lodged against for-hire vehicle operators, companies,

297

associations,

fleets,

and

dispatch

services

by

consumers

and

employees

of the

District

298

Department of Transportation, or refer such contested matters to the Office of Administrative

299

Hearings,

pursuant

to

section

lOb

of

the

District

of

Columbia

Taxicab

Commission

300

Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-

301

309.02);

302

"(GG) Hear and decide matters related to the denial of a license, proposed

303

revocations or suspensions of licenses, notice of infractions issued by vehicle inspection officers

304

or as a result of the consumer complaint process, or refer such contested matters to the Office of

305

Administrative

Hearings,

pursuant

to

section

lOb

of

the

District

of

Columbia

Taxicab

306

Commission Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official

307

Code § 50-309.02);

308

"(HH) When determined to be necessary to protect the public interest, hear

309

complaints and disputes occurring within the taxicab industry, including complaints and disputes

310

between companies, associations, operators, or owners; and to address industry-wide problems,

311

issue reasonable rules for the governance of intra-industry relationships;

 

13

312

"(II) Receive, hear, and decide complaints relating to the taxicab industry;

313

"(JJ)

Undertake

the

investigation

of any

aspect

of for-hire

vehicle

314

operations and practices necessary to protect public safety;

 

315

"(KK) Issue any reasonable rule relating to the supervision of public

316

vehicles-for-hire it considers necessary for the protection of the public;

 

317

"(LL) Establish policies encouraging energy conservation, the reduction of

318

pollution,

including through

the

use

of alternative-fuel

vehicles,

the

reduction

of traffic

319

congestion, and an increase in service to persons with disabilities; and

 

320

"(MM) Administer and enforce all rules, rates, and orders issued by the

321

District Department of Transportation.

 

322

"(3) The Administrative Division shall develop alternative methods of financing

323

transportation projects and services to achieve financial self-sufficiency.

 

324

"(4) The Performance Administration shall:

 

325

"(A) Develop and maintain a performance monitoring system to measure

326

the quality and effectiveness of transportation services; and

 

327

"(B) Develop and maintain the transportation elements of the Geographic

328

Information System.".

329

(c) Section 6 (D.C. Official Code§ 50-921.05) is amended as follows:

 

330

(1) The section heading is amended to read as follows:

 

331

"Sec. 6. Transfers; savings clauses.".

 

332

(2) New subsections (d) and (e) are added to read as follows:

333 "(d)(1) Within 180 days of the effective date of the Transportation Reorganization

334 Amendment Act of 2015, as introduced on July 14, 2015, the Mayor shall transfer to the

14

335

Operations Administration all functions, authority, programs, positions, personnel, property,

336

records, and unexpendable balances of appropriations, allocations, and other funds available or

337

to be made available to the Department of Public Works and the District Department of

338

Transportation for the purpose of regulating and enforcing motor vehicle parking in the District.

339

"(2) All rules, orders, obligations, determinations, grants, contracts, licenses, and

340

agreements of the Department of Public Works and the District Department of Transportation

341

transferred to the Operations Administration under paragraph (1) of this subsection shall

342

continue in effect according to their terms until lawfully amended, repealed, or modified.

343

"(e)(1) Within 180 days of the effective date of the Transportation Reorganization

344

Amendment Act of 2015, as introduced on July 14, 2015, the Mayor shall transfer to the

345

Operations Administration all functions, authority, programs, positions, personnel, property,

346

records, and unexpendable balances of appropriations, allocations, and other funds available or

347

to be made available to the Office of Taxicabs and the DC Taxicab Commission relating to for-

348

hire vehicle services, except those related to the administration of licensing of vehicle for-hire

349

industry drivers, vehicles, companies, and associations, including the administration of training,

350

refresher courses, and examinations.

351

"(2) All rules, orders, obligations, determinations, grants, contracts, licenses, and

352

agreements of the Office of Taxicabs and the DC Taxicab Commission transferred to the

353

Operations Administration under paragraph (1) of this subsection shall continue in effect

354

according to their terms until lawfully amended, repealed, or modified.".

355

(d) A new Title I-A is added to read as follows:

356

"TITLE I-A. STATE BOARD OF TRANSIT.

357

"Sec. 9aa. Definitions.

15

358

For purposes of this title, the term:

359

(1) "Board" means the State Board of Transit.

360

(2) "Local transit" means intra-District streetcar and bus service.

361

"Sec. 9bb. Establishment of the State Board of Transit.

362

"(a) There is established a State Board of Transit to oversee the District's local transit

363

network.

364

"(b) The Board shall consist of:

365

"(1) The Director of the Department of Transportation, who shall serve as the

366

Chairperson of the Board; and

367

"(2)(A) 6 public members who shall be appointed by the Mayor with the advice

368

and consent of the Council, in accordance with section 2(e) of the Confirmation Act of-1978,

369

effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code§ 1-523.01(e)).

370

"(B) The public members shall be a resident of the District or establish

371

residency no later than 6 months after appointment to the Board.

372

"(C) No more than 3 public members of the Board may be District

373

government employees.

374

"(D) No person may be eligible to serve as a member of the Board if that

375

person has a direct pecuniary interest in a business or commercial enterprise that could unduly

376

influence or give the appearance of unduly influencing the person in the conduct of that person's

377

responsibilities as a member of the Board.

378

"(E) The public members shall serve staggered 3-year terms; provided,

379

that in 2015, the Mayor shall appoint the initial public members as follows:

380

"(i) Two shall be appointed for a term of 1 year;

16

381

"(ii) Two shall be appointed for a term of 2 years; and

382

"(iii) Two shall be appointed for a term of 3 years.

383

"(F) Vacancies shall be filled in the same manner as the original

384

appointment to the position that became vacant. Public members who are appointed to fill

385

vacancies that occur before the expiration of a public member's full term shall serve only the

386

unexpired portion of the public member's term.

387

"(G) The Mayor shall remove a public member for failure to establish or

388

maintain residency or for misconduct or neglect of duty after notice is provided to the public

389

member.

390

"(c)(1) The Board shall hold at least 4 meetings per year.

391

"{2) The Board shall conduct its meetings in compliance with the Open Meetings

392

Amendment Act of 2010, effective March 31, 2010 (D.C. Law 18-350; D.C. Official Code § 2-

393 ·

751 et seq.).

394

"(d) Four Board members shall constitute a quorum for the transaction of business, and

395

an affirmative vote of a majority of those members present shall be necessary for any valid

396

Board action.

397

"(e) Board members shall serve without compensation, but may be reimbursed for

398

reasonable actual expenses incurred in the performance of official duties.

399

"(f)(1) The Board shall, by order, specify its organizational structure, staff, operations,

400

reimbursement of expenses policy, and other matters affecting the Board's functions.

401

"(2) The Board shall appoint staff members, who shall serve at the pleasure of the

402

Board, to perform administrative functions and any other functions necessary to execute the

403

mission of the Board.

17

404

"Sec. 9cc. Functions and operations of the Board.

405

"(a) The Board shall:

406

"(1) Provide general oversight of local transit;

407

"(2) Approve new routes and schedules, and substantial changes to existing routes

408

and schedules, for local transit as proposed by DDOT;

409

"(3) Approve changes to fares for local transit as proposed by DDOT;

410

"(4) Approve any strategic, substantial, or long-term plans to expand and improve

411

local transit service as proposed by DDOT;

412

"(5) Approve for-hire vehicle rates, fees, and surcharges proposed by DDOT; and

413

"(6) Propose a long-term plan for funding and operating local transit, which the

414 ·

Board shall transmit to the Mayor and the Council by March 1 of each year. If the Mayor does

415

not incorporate the long-term plan in the Mayor's budget proposal, the Mayor shall provide a

416

detailed, written explanation to the Council of why the plan was not incorporated into the

417

Mayor's budget proposal.

418

"(b) In fulfilling its responsibilities under subsection (a) of this section, the Board shall

419

seek to expand transit service in underserved areas of the District and improve access to transit

420

for persons with disabilities.

421

"(c) Upon transmittal of a proposal to the Board, the Chairperson shall publish notice of a

422

hearing in the District of Columbia Register and on the Board's website, explaining the

423

proposals in detail, including maps of proposed changes to local transit routes, if applicable.

424

"(d) Before approving a proposal pursuant to subsection (a) of this section, the Board

425

shall:

18

426

"(1) Provide an opportunity for public comment, including at least one public

427

hearing;

428

"(2) Solicit the comments, as appropriate, from the Transit Rider Advisory

429

Council, the For-Hire Vehicle Advisory Council, and the Multimodal Accessibility Advisory

430

Council in making its decisions; and

431

"(3) Consider, in reaching its final decision, all comments received.

432

"(e)(1) Upon approval or disapproval of a proposal, the Board may identify reasonable

433

modifications to the proposal that the Board suggests be included in the proposal.

434

"(2) If the Board approves a proposal and provides suggested reasonable

435

modifications to the proposal and the District Department of Transportation does not iriclude

436

these modifications when implementing the proposal, the agency shall provide the Board with a

437

detailed explanation as to why the proposals were not included.

438

"(f) The District Department of Transportation may not implement a new route or

439

schedule, a substantial change to an existing route or schedule, a change to fares for local transit,

440

or a change to a for-hire vehicle rate, fee, or surcharge required to be approved by the Board

441

under section 9cc(a)(2) through (5) without the Board's approval except as described in

442

subsection (g) of this section.

443

"(g) If the Board does not approve or disapprove a proposal within 45 days of the date of

444

the hearing noticed pursuant to subsection (c) of this section, excluding Saturdays, Sundays, and

445

legal holidays, the proposal shall be deemed approved.

446

"(h) Before January 1 of each year, the Board shall submit to the Mayor and to the

447

Secretary to the Council a detailed annual report describing the Board's operations and

448

accomplishments during the previous fiscal year.".

19

449

TITLE II. DEPARTMENT OF MOTOR VEHICLES

450

Sec. 201. The District of Columbia Traffic Adjudication Act. of 1978, effective

451

September 12, 1978 (D.C. Law 2-104; D.C. Official Code§ 50-2301.01 et seq.), is am~nded as

452

follows:

453

(a) New sections 109 and 110 are added to read as follows:

454

"Sec. 109. Report to Operations Administration.

455

"(a) Before the lOth day of each month, the Department of Motor Vehicles shall transmit

456

a report to the Operations Administration with the following information from the previous

457

month:

458

"(1) The number of answers filed for parking infractions:

459

"(A) The number of "admit" answers filed for parking infractions;

460

"(B) The number of "admit with explanation" answers filed for parking

461

infractions; and

462

"(C) The number of "deny" answers filed for parking infractions:

463

"(i) The number of determinations of liability of respondents who

464

deny the commission of parking infractions; and

465

"(ii) The number of dismissals of respondents who deny the

466

commission of parking infractions;

467

"(2) The most common reasons for the dismissal of respondents who deny the

468

commission of parking infractions;

469

"(3) The badge numbers of the officers whose notices of infraction mos~

470

frequently resulted in the dismissal of respondents who deny the commission of parking

471

infractions;

20

472

"(4) A description of relevant trends i~ parking infraction adjudication a.nd

473

dismissals of respondents who deny the commission of parking infractions; and

474

"(5) Recommendations for how the Parking Management Administration can

475

improve its training, improve its technology, or reduce the number of dismissals of respondents

476

who deny the commission of parking infractions.

477

"Sec. 110. Study of parking infraction adjudication.

478

"Before January 2, 2017, the Mayor shall transmit to the Chairperson of the Council

479

committee with oversight of transportation a report and recommendation as to whether the

480

adjudication of parking infractions should be transferred from the Department of Motor Vehicles

481

to a different entity, such as the District Department of Transportation. The report shall. review

482

best practices in other jurisdictions and examine issues such as staffing levels, timeliness of

483

decisions, caseloads, and qualifications of hearing examiners.".

484

(b) Section 401 (D.C. Official Code§ 50-2304.01) is amended by striking the phrase

485

''Department of Transportation" and inserting the phrase "Department of Motor Vehicles" in its

486

place.

487

Sec. 202. Transfer of vehicle for-hire licensing to the Department of Motor Vehicles.

488

The Department of Motor Vehicles Establishment Act of 1998, effective March 26, 1999

489

(D.C. La~ 12-175; D.C. Official Code § 50-903 et seq.), is amended as follows:

490

(a) Section 1824(3) (D.C. Official Code§ 50-903(3)) is amended as follows:

491

(1) Subparagraph (B) is amended by striking the phrase "; and" and inserting a

492

semicolon in its place.

493

(2) Subparagraph (C) is amended by striking the phrase "; and" and inserting a

494 ·

semicolon in its place.

21

495

(2) New subparagraphs {D) and (E) are added to read as follows:

 

496

"(D) Administration

of licensing for

public vehicle

for-hire

owners,

497

operators, vehicles, companies, fleets, and associations; and

 

498

"(E) Administration of public vehicle-for-hire operator training courses,

499

refresher courses, and examinations; and".

500

{b) Section 1825{2) (D.C. Official Code § 50-904{2)) is amended as follows:

 

501

(1) Subparagraph (D) is amended by striking the phrase "; and" and inserting a

502

semicolon in its place.

503

(2) New subparagraphs (F), (G), {H), (1), (J), (K), and (L) are added to read as

504

follows:

505

"(F) Administer the licensing of public vehicle-for-hire owners,

506

operators, vehicles, companies, associations, and fleets; provided, that the criteria, standards, and

507

requirements for the licensing of public vehicle-for-hire owners, operators, vehicles, companies,

508

associations, and fleets shall be established by the District Department of Transportation;

 

509

"(G) Administer public vehicle-for-hire driver training courses,

510

refresher courses, and examinations; provided, that the standards and requirements for vehicle-

51!

for-hire driver training courses, refresher courses, and examinations shall be established by the

512

District Department of Transportation;

513

"(H) Determine how often public vehicle-for-hire driver training

514

courses, refresher courses, and examinations will be offered; provided, that public vehicle-for-

515

hire driver training courses, refresher courses, and examinations shall be offered as needed and

516

shall be taken by operators as necessary, as established by rulemaking, pursuant to § 47-

 

517

2829(e)(2){A);

22

518

"(I) Maintain a system of electronic public records, which shall be

519

made available to the District Department of Transportation, relating to licensed owners and

 

520

operators of public vehicles-for-hire and public vehicle-for-hire companies, associations, and

521

fleets, including records related to insurance required under section 15 of the District of

522

Columbia Taxicab Commission Establishment Act of 1985, effectiv~March 25, 1986 (D.C. Law

523

6-97; D.C. Official Code§ 50-314);

524

"(J)

Inspect

public

vehicles-for-hire

for

compliance

with

525

regulations established by the District Department of Transportation and the Department of

526

Motor Vehicles for safety requirements;

 

527

"(K) Collect a fee to recover the actual costs of producing and

528

distributing official vehicle decals, stickers, and information placards; and

 

529

"(L) Charge and collect reasonable fees for services it is authorized

530

to provide under the District of Columbia Taxicab Commission Establishment Act of 1985,

531

effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301 et seq.) and § 47-

532

2829(e)(2), with funds to be deposited in the Public Vehicles-for-Hire Consumer Service Fund,

533

created by section 20a of the District of Columbia Taxicab Commission Establishment Act of

534

1985, effective May 10, 1988 (D.C. Law 7-107; D.C. Official Code § 50-320).".

 

535

(c) Section 1826 (D.C. Official Code§ 50-905) is amended as follows:

536

(1) The section heading is amended to read as follows:

 

537

"Sec. 1826. Transfers; savings clause.".

 

538

(2) A new subsection (c) is added to read as follows:

 

539

"(c)(1) Within 180 days of the effective date of the Transportation Reorganization

540

Amendment Act of 2015, as introduced on July 14, 2015, the Mayor shall transfer to the

23

541

Department of Motor Vehicles all functions, authority, programs, positions, personnel, property,

542

records, and unexpendable balances of appropriations, allocations, and other funds available or

543

to be made available to the Office of Taxicabs and the DC Taxicab Commission relating to the

544

administration of licensing of vehicle for-hire industry owners, operators, vehicles, companies,

545

associations,

and

fleets,

including

the

administration

of training,

refresher

courses,

and

546

examinations.

547

(2) All rules, orders, obligations, determinations, grants, contracts, licenses, and

548

agreements of the Office of Taxicabs and the DC Taxicab Commission transferred to the

 

549

Department of Motor Vehicles under paragraph (1) of this subsection shall continue in effect

550

according to their terms until lawfully amended, repealed, or modified.".

 

551

TITLE III. ADVISORY COUNCILS.

552

Sec. 301. Definitions.

 

553

For purposes of this title, the term:

 

554

(1) "FHVAC" means the For-Hire Vehicle Advisory Council.

 

555

(2) "Local transit" means intra-District streetcar and bus service.

556

(3) "TCAC" means the Tree Canopy Advisory Council.

 

557

(4) "TRAC" means the Transit Rider Advisory Council.

558

(5) "MAAC" means the Multimodal Accessibility Advisory Council

 

559

Sec. 302. Transit Rider Advisory Council.

 

560

(a) There is established a Transit Rider Advisory Council.

 

561

(b) The TRAC shall be composed of 15 members appointed as follows:

 

562

(1) The Director of the District Department of Transportation, or the Director's

 

563

designee;

24

564

(2) The Director of the Office of Planning, or the Director's designee; and

565

(3)(A) Thirteen community representatives who are District residents who

566

regularly ride local transit, with each member of the Council appointing one community

567

representative.

568

(B) The community representatives shall be appointed for a term of 3

569

years, with initial staggered appointments of 4 community representatives appointed for one

570

year, 5 community representatives appointed for 2 years, and 4 community representatives

571

appointed for 3 years. The community representatives to serve the one-year term, the community

572

representatives to serve the 2-year term, and the community representatives to serve the 3-year

573

term shall be determined by lot at the first meeting of the TRAC.

574

(C) Vacancies shall be filled in the same manner as the original

575

appointment to the position that became vacant. Community representatives who are appointed

576

to fill vacancies that occur before the expiration of a community representative's full term shall

577

serve only the unexpired portion of the community representative's term.

578

(c) A chairperson shall be elected from among the 13 community representatives at the

579

first meeting of the TRAC, for a term of 2 years, and every 2 years thereafter.

580

(d) The District Department of Transportation shall provide the TRAC with an annual

581

operating budget, which shall include funds to maintain a website where the TRAC shall provide

582

a public listing of members, meeting notices, and meeting minutes.

583

(e) The purpose of the TRAC shall be to serve as the advisory body to the Mayor, the

584

Council, the State Board of Transit, and the District Department of Transportation, on matters

585

pertaining to operating, improving, and expanding local transit.

586

Sec. 303. For-Hire Vehicle Advisory Council.

25

587

(a) There is established a For-Hire Vehicle Advisory Council.

588

{b) The FHVAC shall be composed of 9 members appointed as follows:

589

(1) The Director of the District Department of Transportation or the Director's

590

designee

591

{2){A) Eight community representatives, who do not work for the District

592

government, appointed by the Mayor as follows:

593

(i) Two District residents who provide vehicle-for-hire service in

594

the District;

595

(ii) Two representatives of companies providing vehicle for-hire

596

industry services in the District;

597

(iii) Two representatives of the hospitality or tourism industry in

598

the District; and

599

(iv) Two District residents, unaffiliated with the vehicle for-hire

600

industry, who regularly use vehicles for-hire in the District.

601

(B) Community representatives of the FHVAC shall be appointed to 4-

602

year terms and shall serve without compensation. Each community representative shall serve

603

until the appointment of a successor. No community representative shall serve more than 2

604

consecutive terms, which shall not include an appointment to fill a vacancy due to removal,

605

resignation, or death of a member. The Mayor may remove a community representative for

606

cause. An appointment to fill a vacancy occurring during a term due to removal, resignation, or

607

death of a member shall be made in the same manner as other appointments and for the

608

remainder of the unexpired term.

26

609

(c) A chairperson shall be elected from among the 8 community representatives at the

610

first meeting of the FHVAC, for a term of 2 years, and every 2 years thereafter.

611

(d)(1) The FHVAC shall hold at least 4 meetings per year.

612

(2) The FHVAC shall conduct its meetings in compliance with the Open Meetings

613

Amendment Act of 2010, effective March 31, 2010 (D.C. Law 18-350; D.C. Official Code§ 2-

614

571 et seq.).

615

(e) The District Department of Transportation shall provide the FHVAC with an annual

616

operating budget, which shall include funds to maintain a website where the FHVAC shall

617

provide a public listing of members, meeting notices, and meeting minutes.

618

(f) The purpose of the FHVAC shall be to advise the District Department of

619

Transportation on all matters related to the regulation of the vehicle .for-hire industry and the

620

State Board of Transit on all matters related to the regulation of for-hire vehicle rates, fees, and

621

surcharges.

622

Sec. 304. Multimodal Accessibility Advisory Cou!lcil.

623

(a) There is established a Multimodal Accessibility Advisory Council.

624

(b) The MAAC shall be composed of 17 members appointed as follows:

625

(1) The Director of the District Department of Transportation, or the Director's

626

designee:

627

(2) The Director of the Office of Disability Rights, or the Director's designee;

628

(3) The Director of the Office of Human Rights, or the Director's designee;

629

(4) The Chairperson of the Commission on Persons with Disabilities, or.the

630

Chairperson's designee; and

27

631

(5){A) Thirteen community representatives, who are District residents ~ith

632

disabilities, with each member of the Council appointing one community representative.

633

(B) The community representatives shall be appointed for a term of 3

634

years, with initial staggered appointments of 4 community representatives appointed for one

635

year, 5 community representatives appointed for 2 years, and 4 community representatives

636

appointed for 3 years. The community representatives to serve the one-year term, the community

637

representatives to serve the 2-year term, and the community representatives to serve the 3-year

638

term shall be determined by lot at the first meeting of the MAAC.

639

(C) Vacancies shall be filled in the same manner as the original

640

appointment to the position that became vacant. Community representatives who are appointed

641

to fill vacancies that occur before the expiration of a community representative's full term shall

642

serve only the unexpired portion of the community representative's term.

643

(c) A chairperson shall be elected from among the 13 community representatives at the

644

first meeting of the MAAC, for a term of 2 years, and every two years thereafter.

645

(d) The District Department of Transportation shall provide the MAAC with reasonable

646

and accessible accommodations for holding meetings and an annual operating budget, which

647

shall include funds to maintain a website where the MAAC shall provide a public listing of

648

members, meeting notices, and meeting minutes.

649

(e) The purpose of the MAAC shall be to serve as the advisory body to the Mayor, the

650

Council, and District agencies on making local transit, the vehicle for-hire industry, and public

651

space in the District more accessible to persons with disabilities

652

Sec. 305. Tree Canopy Advisory Council.

653

(a) There is established a Tree Canopy Advisory Council.

28

654

(b) The TCAC shall be composed of 7 members appointed as follows:

655

(1) The Director of the District Department of the Environment, or the Director's

656

designee;

657

(2) The Director of the District Department of Transportation, or the Director's

658

designee; and

659

(3) One member appointed by the Chairperson of the Council committee with

660

oversight of the District Department of the Environment.

661

(4)(A) Four community representatives appointed by the Mayor.

662

(B) The community representatives shall be appointed for a term of 3

663

years, with initial staggered appointments of 1 community representative appointed for one year,

664

2 community representatives appointed for 2 years, and 1 community representative appointed

665

for 3 years. The community representatives to serve the one-year term, the community

666

representatives to serve the 2-year term, and the community representative to serve the 3-year

667

term shall be determined by lot at the first meeting of the TCAC.

668

(C) Vacancies shall be filled in the same manner as the original

669

appointment to the position that became vacant. Community representatives who are appointed

670

to fill vacancies that occur before the expiration of a community representative's full term shall

671

serve only the unexpired portion of the community representative's term.

672

(c) A chairperson shall be elected from among the community representatives at the first

673

meeting of the TCAC, for a term of 2 years, and every 2 years thereafter.

674

(d) The District Department of Transportation shall provide the TCAC with an annual

675

operating budget, which shall include funds to maintain a website where the TCAC shall provide

676

a public listing of members, meeting notices, and meeting minutes.

29

677

(e)(1) The TCAC shall hold at least 4 meetings per year.

678

(2) The TCAC shall conduct its meetings in compliance with the Open Meetings

679

Amendment Act of2010, effective March 31,2010 (D.C. Law 18-350; D.C. Official Code§ 2-

680

571 et seq.).

681

(f) The purpose of the TCAC shall be to ensure coordination- between the District

682

agencies responsible for achieving the District's tree canopy goals and to advise those agencies

683

regarding policies, programs, and the use of funding for the purpose of maintaining, protecting,

684

and increasing the District's tree canopy.

685

Sec. 306. Discussion of advisory council recommendations.

686

(a) At least once every 4 months, the Director of the District Department of

687

Transportation shall meet separately with the chairperson of the Bicycle Advisory Council, the

688

Pedestrian Advisory Council, the FHVAC, the TCAC, the TRAC, and the MAAC to discuss

689

recommendations provided by the advisory councils to the District Department of

690

Transportation.

691

(b) Following each meeting held pursuant to subsection (a) of this section, the Pistrict

692

Department of Transportation shall make publicly available all recommendations discussed

693

between the District Department of Transportation and the advisory councils, the Department's

694

decision in response to the recommendations, and an explanation of the decision made by the

695

District Department of Transportation.

696

TITLE IV. TRANSITION.

697

Sec. 401. Transition plan.

698

(a) With the Mayor's proposed budget submission for Fiscal Year 2017, the Mayor shall

699

include:

30

700

{1) .A summary of the Fiscal Year 2017 budget that reflects the transfers contained

701

in this act; and

 

702

(2) A propos~d organizational plan, including organizational charts.

 

703

(b) Pending the transfer of functions and duties under Titles I and II, nothing in this act

704

shall be construed to impair the performance of any agency.

 

705

TITLE V. CONFORMING AMENDMENTS.

 

706

Sec. 501. District Department of Transportation conforming amendments.

 

707

(a) Section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-

708

142; D.C. Official Code§ 1-523.01(e)), is amended by adding a new paragraph (31).to read as

709

follows:

710

"(31) The State Board of Transit, established by section 9bb of the Department of

711

Transportation Establishment Act of 2002, as introduced on July 14, 2015.".

 

712

(b) Section la(a) of An Act To classify the officers and members of the fire department

713

of the District of Columbia, and for other purposes, approved June 20, 1906 (34 Stat. 314; D.C.

714

Official Code § 5-401.01(a)) is amended by striking the phrase "established pursuant to section

715

5(2)(E) of the Department of Transportation Establishment Act of 2002, effective May 21, 2002

716

(D.C. Law 14-137; D.C. Official Code§ 50-921.04(2)(E)." and inserting the phrase "established

717

pursuant to section 5(1)(U) of the Department of Transportation Establishment Act of 2002,

718

effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code§ 50-921.04(1)(U)." in its place.

719

(c) Section 9f(a) of Department of Transportation Establishment Act of 2002, effective

720

May 21, 2002 (D.C. Law 14-137; D.C. Official Code§ 50-921.16(a)) is amended by striking the

721

phrase

"established

pursuant

to

section

5(2)(K)

of

the

Department

of

Transportation

722

Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code§ 50-

31

723

921.04(2)(K)."

and

inserting

the

phrase

"established

pursuant

to

section

5(1)(K)

of the

724

Department of Transportation Establishment Act of 2002, effective May 21, 2002 (D.C. Law 14-

725

137; D.C. Official Code§ 50-921.04(1)(K)." in its place.

 

726

Sec. 502. Department of Public Works conforming amendments.

 

727

Section III(H) of Reorganization Plan No. 4 of 1983, effective March 1, 1984 (D.C.

728

Official Code § 1-15-12), is amended by striking the phrase "traffic management; parking

729

management and enforcement;" and inserting the phrase "traffic management;" in its place.

 

730

Sec. 503. District of Columbia Taxicab Commission conforming amendments.

731

(a) Section 2(e){24) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law

732

2.-142; D.C. Official Code§ 1-523.01(e)(24)), is repealed.

 

733

(b) Section 1108(c) of the District of Columbia Government Comprehensive Merit

734

Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-

735

611.08(c)) is amended as follows:

 

736

(1) Paragraph (1)(E) is repealed.

 

737

(2) Paragraph (2)(K) is repealed.

738

(c) Section 6(b)(3) of the Office of Administrative Hearings Establishment Act of 2001,

739

effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code§ 2-1831.03(b)(3)), is amended to

740