B21-0313 - Transportation Reorganization Amendment Act of 2015

~Ch~~ 3

~~~ 6 C~ember David Grosso 7 8 9

10 11 12 13 14

~ Councilmember Mary M. Cheh

Councilmember Anita Bonds

A BILL

15 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 16 17 18 19 20 To amend the Department of Transportation Estab lishment Act of 2002 to establi sh within the 21 District Department of Transportation ("DDOT") the Project Development 22 Administration, the Operations Administration, the Administrative Divis io n, the 23 Performance Administration, and the State Board of Transit, to provide DDOT with the 24 au thority to coordinate and manage parking pol icy, operations, and en forcement, to 25 regulate and oversee the for- hire vehicle industry, ; to amend the District of Columbia 26 Traffic Adjudication Act of 1978 to require the Department of Motor Vehicles ("DMV") 27 to provide DDOT with monthly reports about parking infraction adjudication, and to 28 require the Mayor to provide the Council with a report and recommendation about the 29 location of parking infraction adjudication; to amend the Department of Motor Vehicles 30 Establishment Act of 1998 to place w ithin the DMV the authority to administer the 31 licensing of the public vehicle for- hire industry and to administer training courses, 32 refresher courses, and examinations fo r public vehicle for-hi re operators; and for other 33 purposes. 34 35 BE IT ENACTED BY THE COUNCIL OF THE D ISTRICT OF COLUMBIA, That this

36 act may be cited as the "Transportation Reorgan ization Amendment Act of 2015".

37 TITLE I. DISTRICT DEPARTMENT OF TRANSPORTATION

38 Sec. 101. The Department of Transportation Establishment Act of 2002, effective May

39 21,2002 (D.C. Law 14-137; D.C. Official Code§ 50-921.01 et seq.), is amended as fo llows:

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

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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;

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51 for:

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54 support;

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

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

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

"(C) Material inspection and testing;

"(D) Project materials specification review;

"(E) Construction project review and coordination;

"(F) Construction contract execution;

"(G) Intermodal planning;

"(H) State Transportation Environmental Compliance;

"(I) Project Identification and Development;

"(J) DC Circulator bus service;

"(K) DC Streetcar service;

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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 WMAT A 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;

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

87 printed out by multi-space parking meters;

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ratemaking;

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

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

"(P) Accessible for-hire vehicle programs;

"(Q) Technology management, including:

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

service providers; and

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

management; and

facilities; and

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

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

"(A) Human resources;

"(B) Workforce development;

"(C) Budget and financial services;

"(D) Financial planning and management; and

"(E) Contracting and procurement; and

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

"(A) Coordinating and managing transportation system data;

"(B) Customer service;

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

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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;

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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);

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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;

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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:

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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

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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);

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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;

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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

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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;

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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

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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


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


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.

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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;

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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.

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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:

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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

44 7 Secretary to the Council a detailed annual report describing the Board's operations and

448 accomplishments during the previous fiscal year.".

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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:

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461 infractions; and

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

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

"(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;

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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


23

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


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 FHV AC 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 FHV AC 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


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 FHV AC 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 FHV AC with an annual

616 operating budget, which shall include funds to maintain a website where the FHV AC shall

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

618 (f) The purpose of the FHV AC 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:


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.


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.






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

64 7 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;


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.


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.





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 FHV AC, 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

MyersR

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MyersR

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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 read as follows:

741 "(3) The Operations Administration of the District Department of

742 Transportation.".

743 (d) D.C. Official Code§ 47-2829 is amended as follows:

744 (1) Subsection (a)(1)(E) is amended to read as follows:

32

745 "(E) Department of Transportation Establishment Act of 2002, effective

746 May 21,2002 (D.C. Law 14-137; D.C. Official Code§ 50-921.01 et seq.); or".

74 7 (2) Subsection (d) is amended as follows:

748 (A) Strike the phrase "set by the District of Columbia Taxicab

749 Commission" and insert the phrase "set by the Mayor" in its place.

750 (B) Strike the phrase "The District of Columbia Taxicab Commission is

751 authorized" and insert the phrase "The District Department of Transportation is authorized" in its

752 place.

753 {3) Subsection (e) is amended as follows:

754 (A) Paragraph 1 is amended as follo"ws:

755 (i) Strike the phrase "District of Columbia Taxicab Commission"

756 and insert the phrase "Department of Motor Vehicles" in its place.

757 (ii) Strike the phrase "The Commission may" and insert the phrase

758 "The Department of Motor Vehicles may" in its place.

759 (B) Paragraph 2 is amended as follows:

760 (i) Subparagraph (A) is amended as follows:

761 (I) Strike the phrase "the District of Columbia Taxicab

762 Commission for a fee of no less than $100 per person." and insert the phrase "the District

763 Department of Transportation, and administered by the Department of Motor Vehicles, for a fee

764 as set by the Mayor." in its place.

765 (II) Strike the phrase "Office of Taxicabs" and insert the

766 phrase "Department of Motor Vehicles" in its place.

33

767 (ii) Subparagraph (C) is amended by striking the phrase "The

768 Office of Taxicabs, under the direction of the District of Columbia· Taxicab Commission, shall"

769 and inserting the phrase "The District Department of Transportation shall" in its place ..

770 (4) Subsection (e-1) is amended as follows:

771 (A) Strike the phrase "The District of Columbia Taxicab Commission"

772 and insert the phrase "The District Department of Transportation" in its place.

773 (B) Strike the phrase "Office of Taxicabs" and insert the phrase

774 "Department of Motor Vehicles, and made available to the District Department of

775 Transportation" in its place.

776 (C) Strike the phrase "present to the Commission" and insert the phrase

777 "present to the Department of Motor Vehicles" in its place.

778 (5) Subsection (e-2) is amended by striking the phrase "After March 25, 1987, the

779 Office of Taxicabs under the discretion of the District of Columbia Taxicab Commission, and

780 prior to March 25, 1987, the Department of Public Works" and inserting the phrase "The

781 Department of Motor Vehicles" in its place.

782 (6) Subsection (e-3) is amended by striking the phrase "The District of Columbia

783 Taxicab Commission" and inserting the word "The Mayor" in its place.

784 (7) Subsection (e-4) is amended as follows:

785 (A) Strike the phrase "After March 25, 1987, the Office of Taxicabs under

786 the discretion of the District of Columbia Taxicab Commission and prior to March 24, 1987, the

787 Department of Public Works" and insert the phrase "The District Department of Transportation"

788 in its place.

34

789 (B) Strike the phrase "The District of Columbia Taxicab Commission" and

790 insert the phrase "The Mayor" in its place.

791 (8) Subsection (i) is amended by striking the phrase "the Office of Taxicabs" and

792 inserting the phrase "the Department of Motor Vehicles, and made available to the District

793 Department of Transportation," in its place.

794 (9) Subsection G) is amended as follows:

795 (A) Paragraph (1) is amended as follows:

796 (i) Strike the phrase "The District of Columbia Taxicab

797 Commission" and insert the phrase "The District Department of Transportation" in its place.

798 (ii) Strike the phrase "the Commission shall" and insert .the phrase

799 "the District Department of Transportation shall" in its place.

800 (B) Paragraph (3) is repealed.

801 (C) Paragraph (4) is amended as follows:

802 (i) Strike the phrase "The Commission shall" and insert the phrase

803 "The District Department of Transportation shall" in its place.

804 (ii) Strike the phrase "granted by the Commission" and insert the

805 phrase "granted by the Department of Motor Vehicles" in its place.

806 (D) Paragraph (5) is amended to read as follows:

807 "(5) The Department of Motor Vehicles shall seek to actively license public

808 vehicle-for hire drivers and vehicles.".

809 (e) D.C. Official Code § 47-2853.04(c)(5) is amended by striking the phrase "District of

810 Columbia Taxicab Commission" and inserting the phrase "District Department of

811 Transportation" in its place.

35

812 (t) D.C. Official Code§ 47-2862(a)(1)(E) is amended to read as follows:

813 "(E) Department of Transportation Establishment Act of 2002, effective

814 May 21,2002 (D.C. Law 14-137; D.C. Official Code§ 50-921.01 et seq.); or".

815 (g) Section 102(b) of the Employee Transportation Amendment Act of 2012, effective

816 March 5, 2013 (D.C. Law 19-223; D.C. Official Code§ 50-211.02(b)) is amended as follows:

817 (1) Paragraph (9) is amended by striking the semicolon and inserting the phrase";

818 and" in its place.

819 (2) Paragraph (10) is amended by striking the phrase "; and" and i.nserting a

820 period in its place.

821 (3) Paragraph (11) is repealed.

822 (h) The District of Columbia Taxicab Commission Establishment Act of 1985, effective

823 March 25, 1986 (D.C. Law 6-97; D.C. Official Code§ 50-301 et seq.), is amended as follows:

824 (1) Section 3 (D.C. Official Code§ 50-302) is amended as follows:

825 (A) Subsection (a)(5) is repealed.

826 (B) Subsection (a)(7) is repealed.

827 (C) Subsection (b )(2) is amended by striking the word "the Commission"

828 and inserting the word "DDOT" in its place.


830 (A) Strike the phrase "the Commission" wherever it appears and insert the

831 word "DDOT" in its place.

832 (B) Paragraph ( 6) is repealed.

833 (C) A new paragraph (9A) is added to read as follows:

36

834 "{9A) "DDOT" means the District Department of Transportation established by

835 the District Department of Transportation Establishment Act of 2002, effective May 21, 2002

836 (D.C. Law 14-137; D.C. Official Code§ 50-921.01 et seq.).".

837 (D) Paragraph (15) is repealed.

838 (E) Paragraph (21) is amended by striking . the phrase "a Commission-

839 approved meter" and inserting the phrase "a DDOT-approved meter" in its place.

840 {3) Section 5 (D.C. Official Code § 50-304) is repealed.

841 (4) Section 6 (D.C. Official Code§ 50-305) is repealed.

842 (5) Section 7 (D.C. Official Code § 50-306) is repealed.


844 (7) Section Sa (D.C. Official Code § 50-307.01) is repealed.

845 (8) Section lOb (D.C. Official Code§ 50-309.02) is amended as follows:

846 {A) The section heading is amended to read as follows:

847 "Sec. lOb. Hearing examiner- appointment, powers, and duties; appeals; complaints.".

848 {B) Subsection (a) is amended to read as follows:

849 "(a) DDOT shall dedicate at least one attorney to serve as a hearing examiner to

850 adjudicate consumer and industry complaints filed against public and private vehicles-for-hire,

851 including taxicab owners, operators, companies, associations, fleets, and radio dispatch

852 operations. The hearing examiner shall hear and decide appeals related to the denial of a license,

853 proposed revocations or suspensions of licenses, notices of infractions issued by vehicle

854 inspection officers or as a result of a consumer complaint; provided, that a hearing examiner may

855 refer a matter to the Office of Administrative Hearings, pursuant to the Office of Administrative

37

856 Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official

857 Code § 2-1831.01 et seq.).".

858 (C) Subsection (b)(4) is amended as follows: .

859 "(4) Issue decisions or refer a matter to the Office of Administrative Hearings,

860 pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6,

861 2002 (D.C. Law 14-76; D.C. Official Code§ 2-1831.01 et seq.).".

862 (D) New subsections (c), (d), and (e) are added to read as follows:

863 "( c )(1) A proposed suspension or revocation shall not take effect until a final decision is

864 rendered upon the filing of a timely appeal by a licensee, or if no appeal is taken, upon the lapse

865 of the period specified by rule, for appeal.

866 "(2) DDOT may immediately suspend or revoke a license where DDOT has

867 determined that the licensee poses an imminent danger to the public. Within 3 business days of

868 the issuance by DDOT of an immediate suspension or revocation, an administrative hearing shall

869 be held before DDOT, or the matter may be referred to the Office of Administrative Hearings,

870 pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6,

871 2002 (D.C. Law 14-76; D.C. Official Code§ 2-1831.01 et seq.).

872 . "(d) Appeals from final decisions by the District Department of Transportation may be

873 taken to the Office of Administrative Hearings, pursuant to the Office of Administrative

874 Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official

875 Code§ 2-1831.01 et seq.).

876 "(e) DDOT shall:

38

877 "(1) Allow the public to file complaints electronically on its website and through

878 a hotline. This hotline shall be available 24 hours a day, 365 days a year, and b~ listed on

879 DDOT's website and in every taxicab;

880 "(2) Within 72 hours of receiving a complaint, confirm tn writing to the

881 complainant that the complaint has been received;

882 "(3) Respond, in writing, to the private or public vehicle-for-hire operator against

883 whom the complaint was filed, with a detailed description of the complaint against him or her,

884 including the time, date, location, circumstances of the alleged incident, and the potential

885 penalties, as well as provide clear instructions of the procedures used to adjudicate the complaint,

886 the rights of the recipient to contest the complaint, and the documents, evidence, or materials

887 necessary for proper adjudication of the complaint;

888 "( 4) Provide training in the rules and regulations governing private or public

889 vehicle-for-hire operators to all personnel responsible for reviewing complaints;

890 "(5) Provide information on its website about the appeals process for· complaints;

891 and

892 "( 6) Conduct annual performance and compliance audits of the complaints

893 received by DDOT, how those complaints were handled, and how those complaints were used to

894 improve the provision of private or public vehicle-for.-hire service in the District.".






39

900 (A) Subsection (d) is amended by striking the word "Office" both times it

901 appears and inserting the phrase "Department of Motor Vehicles" in its place.

902 (B) Subsection (h) is amended by striking the word "Office" both times it

903 appears and inserting the phrase "the Department of Motor Vehicles" in its place.





908 (A) Subsection (a) is amended as follows:

909 (i) Strike the phrase "the Commission" and insert the word

910 "DDOT" in its place.

911 (ii) Strike the phrase "a Commission-approved" and insert the

912 phrase "a DDOT-approved" in its place.

913 (B) Subsection (b) is amended by striking the word "Commission" and

914 inserting the word "Mayor" in its place.

915 (C) Subsection (d) is amended by striking the phrase "Commission

916 regulations" and inserting the word "regulations" in its place.

917 (18) Section 20a (D.C. Official Code § 50-320) is amended as follows:


919 (i) The lead-in language is amended by striking the phrase "the

920 Commission" and inserting the phrase "the District Department of Transportation" in its place.

921 (ii) Paragraph (2) is amended by striking the phrase "the

922 Commission" and inserting the phrase "the Department of Motor Vehicles" in its place~

40

923 (iii) Paragraph (3) is amended by · striking the phrase "the

924 Commission from the Department of Motor Vehicles" and inserting the phrase "the Department

925 of Motor Vehicles" in its place.

926 (iv) Paragraph ( 4) is repealed.

927 (v) Paragraph (5) is amended by striking the phrase "by the

928 Commission" and inserting the phrase "by the Department of Motor Vehicles and DDOT for

929 vehicle-for-hire services the agencies are authorized to provide under the Taxicab Commission

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

931 301 et seq.), the Department of Transportation Establishment Act of 2002, effective May 21,

932 2002 (D.C. Law 14-137; D.C. Official Code § 50-921.01 et seq.), and the Department of Motor

933 Vehicles Establishment Act of 1998, effective March 26, 1999 (D.C. Law 12-175; D.C. Official

934 Code § 50-903 et seq.); and" in its place.

935 (B) Subsection (b) is amended as follows:

936 (i) Paragraph (1) is amended as follows:

937 (I) The lead-in language is amended by striking the phrase

938 "Fund and allocated to the Commission:" and inserting the phrase "Fund:" in its place.

939 (II) Subparagraph (A) is amended by striking the phrase

940 "by the Commission" and inserting the phrase "by DDOT in the regulation of the vehicle-for-

941 hire industry" in its place.

942 (III) A new subparagraph (A-1) is added to read as follows:

943 "(A-1) Shall be used to pay the costs incurred by the Department of Motor

944 Vehicles in the administration of public vehicle-for-hire owners, operator, vehicle, company,

41

945 fleet, and association licensing, including the administration of public vehicle-for-hire training

946 courses and examinations.".


948 Commission" and inserting the phrase "DDOT" in its place.

949 (C) Subsection (c) is repealed.

950 (D) Subsection (d) is repealed.

951 (E) Subsection (g) is amended as follows:

952 (i) Strike the phrase "passenger surcharge amount shall" and insert

953 the phrase "passenger surcharge shall" in its place.

954 (ii) Strike the phrase "the Commission in accordance with its

955 rulemaking authority" and inserting the phrase "DDOT in accordance with its rulemaking

956 authority; provided, that changes in the passenger surcharge amount shall be approved by the

957 State Board of Transit" in its place.

958 · (F) Subsection (h) is amended by striking the phrase "and allocated to the

959 Commission shall" and inserting the word "shall" in its place.

960 (G) Subsection (i) is amended as follows:

961 (i) Strike the phrase "The Commission" and insert the phrase


963 (ii) Strike the phrase "adjust the surcharge amount" and insert the

964 phrase "propose adjustments to the surcharge amount, as needed, to the State Board of Transit"

965 in its place.

966 (H) Subsection (k) is amended by striking the phrase "The Commission"

967 · and inserting th~ phrase "DDOT" in its place.

42

968 (19) Section 20d (D.C. Official Code§ 50-323) is amended as follows:

969 (A) Strike the phrase "Taxicab Commission" wherever it appears and

970 insert the phrase "Department of Motor Vehicles" in its place.

971 (B) Subsection (a) is amended by striking the phrase "hacker and

972 limousine" and inserting the phrase "public vehicle-for-hire" in its place.

973 (20) Section 20f (D.C. Official Code § 50-325) is amended as follows:

974 (A) Subsection (b)(1) is amended as follows:

975 (i) Strike the phrase "Within 90 days of October 22, . 2012, the

976 Commission shall" and insert the phrase "DDOT shall" in its place.

977 (ii) Strike the phrase "advise the Commission" and insert the

978 phrase "advise DDOT" in its place.

979 (B) Subsection (c) is amended as follows:

980 (i) Paragraph (1)(D) is amended by striking the phrase "the

981 Commission" and inserting the word "DDOT" in its place.

982 (ii) Paragraph (2) is amended by striking the phrase "The

983 Commission" and inserting the phrase "The Department of Motor Vehicles, in coordination with

984 DDOT" in its place.

985 (iii) Paragraph (3) is amended by striking the phrase "the

986 Commission" and inserting the word "DDOT" in its place.

987 (C) Subsection (d) is amended as follows:

988 (i) Strike the phrase "The Commission" and insert the word


43

990 '(ii) Strike the phrase "taxicabs, and shall report to the Council

991 within 18 months of October 22, 2012, on the status of such agreements and the estimated cost

992 savings from such agreements." and insert the phrase "taxicabs." in its place.

993 (D) Subsection (e) is amended by striking the word "Commission" and

994 inserting the phrase "Department of Motor Vehicles" in its place.

995 (E) Paragraph (f)(4) is amended by striking the phrase "the Commission"


997 (F) Subsection (i) is amended by striking the phrase "The Commission"


999 (21) Section 20f-2 is amended by striking the phrase "the Commission" and

1000 inserting the word "DDOT" in its place.

1001 (22) Section 20g (D.C. Official Code§ 50-326) is amended as follows:


1003 (i) The lead-in text is amended by striking the phrase "The

1004 Commission shall have one year from October 22, 2012, to modernize" and inserting .the phrase

1005 "DDOT shall modernize" in its place.

1006 (ii) Paragraph (1) is amended as follows:

1007 (I) Strike the phrase "as defined by the Commission" and

1008 insert the phrase "as defined by DDOT" in its place.

1009 (II) Strike the phrase "The Commission may" and insert the

1010 phrase "DDOT may" in its place.

1011 (iii) Paragraph (3) is amended as follows:

44

1012 (I) Strike the phrase "The Commission shall" and insert the

1013 phrase "DDOT shall" in its place.

1014 (II) Strike the phrase "the Commission" both times it

1015 appears and insert the word "DDOT" in its place.

1016 (B) Subsection (b) is amended by striking the phrase "The Commission

1017 may" and inserting the phrase "DDOT may" in its place.

1018 (C) Subsection (c) is amended as follows:

1019 (i) Strike the phrase "The Commission" wherever it appears and

1020 insert the phrase "DDOT" in its place.

1021 (ii) Strike the phrase "the Commission website" and insert the

1022 phrase "DDOT's website" in its place.

1023 (23) Section 20h (D.C. Official Code§ 50-327) is amended as follows:

1024 (A) Subsection (a) is amended by striking the phrase "set by the

1025 Commission" and inserting the phrase "set by DDOT" in its place.

1026 (B) Subsection (b) is amended by striking the phrase "The Commission

1027 shall" and inserting the phrase "DDOT shall" in its place.

1028 (24) Section 20i (D.C. Official Code§ 50-328) is amended as follows:

1029 (A) Subsection (b) is amended by striking the phrase "reported to the

1030 Commission" and inserting the phrase "reported to DDOT" in its place.

1031 (B) Subsection (d) is amended by striking the phrase "The Commission

1032 shall" and inserting the phrase "DDOT shall" in its place.

1033 (25) Section 20j (D.C. Official Code§ 50-329) is amended as follows:

45

1034 (A) Subsection (a) is amended by striking the phrase "The Commission"

1035 wherever it appears and inserting the word "DDOT" in its place.

1036 (B) Subsection (a-1) is amended as follows:

1037 (1) Strike the phrase "The Commission shall" and insert the phrase

1038 "DDOT shall" in its place.

1039 (2) Strike the phrase "produce to the Commission" and insert the

1040 phrase "produce to DDOT" in its place.

1041 (C) Subsection (d)(2) is amended as follows:

1042 (i) Strike the phrase "The Commission may withhold" and insert

1043 the phrase "The Department of Motor Vehicles may withhold" in its place.

1044 (ii) Strike the phrase "The Commission shall" and insert .the phrase

1045 "DDOT shall" in its place.

1046 (26) Section 20j-1 is amended by striking the phrase "the District of Columbia

1047 Taxicab Commission" wherever it appears and inserting the word "DDOT" in its place.

1048 (27) Section 20j-3(c) is amended by striking the phrase "the Commission" and


1050 (28) Section 20j-7 is amended as follows:

1051 (A) Strike the phrase "The Commission is authorized" and insert the

1052 phrase "DDOT is authorized" in its place.

1053 (B) Strike the phrase "the Commission" wherever it appears an~ insert the


1055 (C) Strike the phrase "penalties, pursuant to the Commission's authority in

1056 section 8(c)(7)." and insert the phrase "penalties." in its place.

46

1057 (29) Section 201 (D.C. Official Code§ 50-329.02) is amended as follows:

1058 (A) Su~section (b) is amended as follows:

1059 (i) The lead-in language is amended as follows:

1060 (I) Strike the phrase "by the Commission" and insert the

1061 phrase "by DDOT" in its place.

1062 (II) Strike the phrase "The Commission may establish" and

1063 insert the phrase "DDOT may establish" in its place.


1065 Commission" and inserting the phrase "the State Board of Transit" in its place.

1066 (iii) Paragraph (4) is amended as follows:

1067 (A) Strike the phrase "the Commission" both times it

1068 appears and insert the phrase "the Department of Motor Vehicles" in its place.

1069 (B) Strike the phrase "the Committee" and insert the word


1071 (iv) Paragraph (10) is amended by striking the phrase "the

1072 Commission" both times it appears and inserting the word "DDOT" in its place.

1073 (v) Paragraph (12) is amended as follows:

1074 (A) Strike the phrase "the Commission's" and insert the

1075 word "DDOT's" in its place.

1076 (B) Strike the phrase "the Commission" and insert the word


1078 . (B) Subsection (c) is amended as follows:

47

1079 (i) Strike the phrase "The Commission shall" both times it appears

1080 ~nd insert the phrase "DDOT shall" in its place.

1081 (ii) Strike the phrase "the Commission's website" and· insert the

1082 phrase "DDOT's website" in its place.

1083 (C) Subsection (c-1) is amended as follows:

1084 (i) Strike the phrase "The Commission shall" and insert the phrase

1085 ''DDOT shall" in its place.

1086 (ii) Strike the phrase "to the Commission" and insert the phrase "to

1087 DDOT" in its place.

1088 (30) Section 20m (D.C. Official Code§ 50-329.03) is repealed.

1089 (31) Section 20n (D.C. Official Code § 50-329.04) is amended by striking the

1090 phrase "The Commission" and inserting the word "DDOT" in its place.

1091 (32) Section 20o (D.C. Official Code§ 50-329.05) is amended as follows:

1092 (A) Subsection (c)(1) is amended as follows:

1093 (i) Subparagraph (A) is amended as follows:

1094 · (I) Strike the phrase "The Chairperson of the Commission

1095 shall suspend the license or licenses for operating a public vehicle-for-hire, as required by the

1096 Commission pursuant to this act" and insert the phrase "The Department of Motor Vehicles shall

1097 suspend the license or licenses for operating a public vehicle-for-hire, as required pursuant to

1098 §47-2829" in its place.

1099 (II) Strike the phrase "action by the Commission." and

1100 insert the phrase "action by the Department of Motor Vehicles." in its place.

1101 (ii) Subparagraph (B) is amended as follows:

48

1102 (I) Strike the phrase "The Chairperson of the Commission

1103 may suspend the license or licenses for operating a public vehicle-for-hire, as required by the

1104 Commission pursuant to this act" and insert the phrase "The Department of Motor Vehicles may

1105 suspend the license or licenses for operating a public vehicle-for-hire, as required pursuant to

1106 §47-2829" in its place.

1107 (II) Strike the phrase "action by the Commission." and

1108 insert the phrase "action by the Department of Motor Vehicles." in its place.

1109 G) Section 2 of the Taxicab and Passenger Vehicle for Hire Impoundment Act of 1992,

1110 ~ffective March 16, 1993 (D.C. Law 9-199; D.C. Official Code § 50-331), is amended as

1111 follows:

1112 (1) Strike the phrase "the Commission" wherever it appears and insert the word


1114 (2) Strike the phrase "the Commission's" wherever it appears and insert the word

1115 "DDOT's" in its place.

1116 (3) Subsection (a) is amended by striking the phrase "taxicab or passenger vehicle

1117 for hire" and inserting the phrase "vehicle for-hire" in its place.

1118 (4) Subsection (b) is amended by striking the phrase "to the Commission or any

1119 other secured place designated by the Department of Public Works." and inserting the phrase "to

1120 a secure place designated by DDOT." in its place.

1121 (5) Subsection (d) is amended as follows:

1122 (A) Strike the phrase "the Chairperson of the Commission" and insert the


49

1124 (B) Strike the phrase "Office of Taxicabs" and insert the phrase

1125 "Department of Motor Vehicles" in its place.

1126 (C) Strike the phrase "the Commission's rules" and insert the phrase

1127 "DDOT's rules" in its place.

1128 ( 6) Subsection (p) is amended by striking the phrase "Office of Taxicabs" and


1130 (k) Section 505 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9,

1131 1997 (D.C. Law 11-198; D.C. Official Code§ 50-332), is amended as follows:

1132 (1) Strike the phrase "Taxicab Commission" wherever it appears and insert the


1134 (2) Strike the phrase "Public Works and the Environment" wherever it appears

1135 and insert the phrase "Transportation and the Environment" in its place.

1136 (3) Strike the phrase "Taxicab Hack Inspectors" and insert the phrase "vehicle

1137 inspection officers" in its place.

1138 (I) Section 3a(b) of the Non-Resident Taxi Drivers Registration Amendment Act of 2008,

1139 effective March 26, 2008 (D.C. Law 17-130; D.C. Official Code§ 50-1501.03a(b)), is amended

1140 as follows:

1141 (1) Paragraph (1) is amended by striking the phrase "the Chairperson of the

1142 District of Columbia Taxicab Commission" and inserting the word "DDOT" in its place.

1143 (2) Paragraph (3) is amended by striking the phrase "used for the operational or

1144 capital needs of the District of Columbia Taxicab Commission." and inserting the phrase

1145 "deposited in the Public Vehicle-for-Hire Consumer Service fund, pursuant to section 20a(a)(3)

50

1146 of the District of Columbia Taxicab Commission Establishment Act of 1985, effective March 25,

1147 1986 (D.C. Law 6-97; D.C. Official Code§ 50-320(a)(3))." in its place.

1148 Sec. 504. The Public Parking Authority Establishment Act of 1994, effective August 23,

1149 1994 (D.C. Law 10-153; D.C. Official Code§ 50-2501 et seq.), is repealed.

1150 TITLE VI. FISCAL IMPACT STATEMENT; EFFECTIVE DATE.

1151 Sec. 601. Fiscal impact statement.

1152 The Council adopts the fiscal impact statement in the committee report as the fiscal

1153 impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act,

1154 approved December 24, 1973 (87 Stat. 813; D.C. Official Code§ 1-206.02 (c)(3)).

1155 Sec. 602. Effective date.

1156 This act shall take effect following approval by the Mayor (or in the event of veto by the

1157 Mayor, action by Council to override the veto), a 30-day period of congressional review as

1158 provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved December

1159 24, 1973 (87 Stat. 813; D.C. Official Code§ 1-206.02(c)(l)), and publication in the District of

1160 Columbia Register.

51

B21-0313 - Transportation Reorganization Amendment Act of 2015

Documents

Transcript of B21-0313 - Transportation Reorganization Amendment Act of 2015