Duties of the Construction and Transport Directorate (ORVBVD)

1. The Construction and Transportation Directorate (BVD) fulfills the tasks assigned to it in the area of

**a)** building construction and real estate,

**b-c)** ...,

d) water protection,

e) waste,

**f)** water usage and water regulation,

g) hydraulic engineering,

h) road construction,

**i)** ...,

k) public transportation,

**l)** mountain rights,

**m)** ...,

**n)** construction complaints.

1. The Construction and Traffic Directorate is structured according to Annex 1 into the General Secretariat (GS CTD) and the following offices

a. Legal Office (LO CTD),

b-c ...

d. Office for Water and Waste (OWW),

e ...

f. Civil Engineering Office (CEO),

g. Office for Public Transport and Traffic Coordination (OPTC),

h. Office for Properties and Buildings (OPB).

2. The General Secretariat and the offices are divided, as needed, into staff units, departments, sub-departments, and service units.

3. The Civil Engineering Office is divided for the fulfillment of its tasks into a central administration and decentralized senior engineering districts, with a service unit in the Bernese Jura.

1. The Department of Construction and Transport is assigned the following permanent commissions established by specific legislation

a) Cantonal Aircraft Noise Commission,

b) Cantonal Oil Spill Commission,

c-f **\* ...

2. The Government Council and the Department of Construction and Transport may establish additional, non-permanent advisory commissions.

3. The department may call upon experts to address specific issues.

1. The Director shall manage the Directorate and decide all matters within the Directorate's area of responsibility, insofar as the decision-making authority has not been assigned to the General Secretariat, an office, or another organizational unit by legislation or by the rules of procedure.

2. He or she shall issue rules of procedure and regulate the organization of the Directorate in detail. Possible subjects for regulation include, in particular

a) the structure of the offices into divisions and departments;

b) the assignment of specific tasks to the divisions and departments;

c) the powers of representation and signing authority;

d) deputization;

e) internal and external communication.

3. The Director shall issue job descriptions for all directly subordinate employees and approve the regulations in accordance with Article 5, paragraph 2.

4. ...

1. The Secretary-General and the Heads of Offices and equivalent organizational units ensure the fulfillment of the tasks of the organizational unit. In doing so, they collaborate with the other organizational units of the directorate and administration as well as with external administrative bodies.

2. They determine the organization and processes of their organizational unit, define the tasks, competencies, and responsibilities of their employees, and can issue regulations as needed, provided the business regulations require supplementation.

3. These provisions apply accordingly to the Heads of Staffs, Departments, and Decentralized Branches.

1. The General Secretariat

a) advises, supports, and relieves the Director in the fulfillment of duties;

b) deals with task planning;

c) coordinates inter-departmental activities within the Directorate and assigns matters not delegated to another office, unless it handles them itself;

d) facilitates communication with the organs of the Grand Council, the Executive Council, the State Chancellery, and the Directorates as well as with federal, cantonal, and municipal authorities, insofar as it is not assigned to an office;

e) informs the public in collaboration with the relevant cantonal authorities;

f) oversees and coordinates financial, accounting, and personnel management, organization, bilingualism, information technology, controlling, and other cross-sectional tasks of the Directorate;

g) represents the Canton in the administrative bodies of licensed transport companies or commissions third parties with this representation.

**1. The Legal Office**

a) manages or accompanies the legislative work of the Directorate in collaboration with the concerned offices;

b) conducts appeal procedures for the Directorate and the Government Council;

c) represents the Directorate and the Government Council in the field of the Directorate of Construction and Transportation before cantonal and federal administrative judicial authorities and courts, subject to Article 15;

d) provides legal support to the offices and coordinates the application of the law;

e) serves as the point of contact for data protection issues for the General Secretariat and the offices.

**2.** In matters where the Legal Office would be responsible for the instruction of the procedure in the event of an appeal, any involvement or consultation is prohibited.

1. The Office for Water and Waste

a **\*** is responsible for the planning, implementation, and monitoring of tasks assigned to it in the areas of water protection, waste management, hazardous substances, contaminated sites, and accident prevention;

b **\*** enforces the regulations concerning the safety of dam facilities;

c supervises water protection and waste management;

d investigates surface and groundwater bodies;

e **\*** identifies and assesses water hazards and pollution, as well as contaminated sites, and takes the necessary measures;

f reviews projects and processes applications for permits and grants;

g manages the water, wastewater, and waste funds;

h is responsible for matters related to water use and water supply;

i handles geological issues and provides the necessary hydrogeological and hydrometric data;

k monitors and regulates the water levels of the main rivers and lakes in the canton;

l is the competent authority for matters relating to water usage fees;

m **\*** is responsible for enforcement tasks in the area of mining rights;

n **\*** manages real estate within its scope of operations, concludes the related contracts on behalf of the canton, and represents the canton as the owner.

1. The Civil Engineering Department

a. plans, constructs, maintains, and operates the canton roads and issues the necessary orders,

b. fulfills the responsibilities in the area of national roads,

c. fulfills duties arising from water construction, as well as foot and hiking path legislation,

d. exercises the supervision of the canton and the construction police in the area of roads, water construction, and foot and hiking paths,

e. engages with the state contributions to cycle routes, hiking paths, park-and-ride, and bike-and-ride facilities, traffic infrastructures in cities and agglomerations, for which the federal government provides contributions, to waterfront paths and to water construction,

f. orders and implements signaling and traffic engineering measures on canton roads,

g. analyzes canton roads for accident hotspots and danger spots and plans the measures,

h. appoints the responsible contact person for traffic safety (Safety Officer or Safety Coordinator pursuant to Art. 6a para. 4 of the Road Traffic Act of December 19, 1958 [SVG],

i. manages the properties in its business area, concludes the related contracts on behalf of the canton, and represents the canton as the owner.

1. Office for Public Transport and Transportation Coordination

a) plans and coordinates public transportation;

b) performs the duties assigned to it under the legislation concerning public transportation;

c) develops cross-modal strategies and foundations and plans and coordinates cross-modal projects;

d) fulfills tasks under cableway legislation and, in particular, issues operational permits for ski lifts, cableways, and inclined elevators that are not federally licensed;

e) handles aviation matters;

f) ensures the alignment of transportation planning with cantonal spatial planning.

1. The Office for Land and Buildings

a. manages and administers all cantonal real estate, insofar as this task is not assigned to another office, concludes contracts associated with it on behalf of the canton, and represents the canton as the owner;

b. concludes purchase, lease, rental, and construction rights contracts with third parties on behalf of the canton;

c. represents the canton as the client in construction measures for the canton’s land and buildings and awards the associated orders;

d. ...

e. issues permits and concessions for the use of items under cantonal sovereignty, unless another organizational unit is responsible;

f. is responsible for central procurement of facility management services for building operations and office furniture;

g. grants approval for the transfer of ownerless land into ownership.

1. Offices with their own legal services represent the Directorate as well as the Government Council in the business area of the Department of Construction and Transport before cantonal and federal administrative judicial authorities and courts.

2. The Office for Real Estate and Buildings represents the Directorate as well as the Government Council in its business area before conciliation authorities.

1. The Directorate comprises the following executive positions

a. a Secretary General,

b. **\* two Deputy Secretaries General,

c. **\* five Department Heads.

2. The bylaws specify the remaining executive positions.

1. This regulation shall enter into force on January 1, 1996.