SENATE BILL REPORT

                  SHB 1324

              As Reported By Senate Committee On:

                 Transportation, April 5, 1999

Title:  An act relating to transportation safety and planning.

Brief Description:  Planning for transportation safety and security.

Sponsors:  House Committee on Transportation (originally sponsored by Representatives Fisher, K. Schmidt, Mitchell and Hankins; by request of Department of Transportation).

Brief History:

Committee Activity:  Transportation:  4/1/99, 4/5/99 [DP].

SENATE COMMITTEE ON TRANSPORTATION

Majority Report:  Do pass.

  Signed by Senators Gardner, Vice Chair; Goings, Vice Chair; Costa, Eide, Finkbeiner, Heavey, Horn, Jacobsen, Johnson, Morton, Oke, Patterson, Sellar, Sheahan, T. Sheldon, Shin and Swecker.

Staff:  Gene Baxstrom (786-7303)

Background:  A rail fixed guideway system (RFGS) is a light, heavy or rapid rail system such as San Francisco's Bay Area Rapid Transit (BART) system, a monorail, trolley, or other high capacity transportation system, except for rail systems regulated by the federal railroad administration such as Burlington Northern Railroad.

Recent federal law requires that the state of Washington, rather than the federal government, oversee and ensure the safe operation of these systems.  Federal regulations require the state to:  develop safety and security program standards; monitor the implementation of the safety and security programs at the local level; require reports when hazardous conditions, accidents, or security breaches occur; conduct on-site inspections at least every three years; ensure that safety and security audits are conducted; and that annual reports are submitted by the RFGS operator.

The Washington State Department of Transportation (WSDOT) has been designated the lead agency for purposes of implementing these federal regulations.

Summary of Bill:  WSDOT is directed to adopt administrative rules to oversee the safety and security of RFGSs in the state.

Cities, counties, public transportation benefit areas (PTBA), and regional transportation authorities (RTA) that own or operate a RFGS must submit a system safety and security plan to WSDOT by September 1, 1999.  Cities, counties, PTBAs, and RTAs are also required to prepare annual reports and notify WSDOT within 24 hours of an accident, an unacceptable hazardous condition, or security breach.

WSDOT is required to conduct audits of these RFGSs once every three years.  WSDOT is also authorized (but not required) to perform a separate, independent investigation into any reportable accident, unacceptable hazardous condition, or security breach.

WSDOT may establish timelines for implementation of safety and security programs, and may also establish sanctions for failure to submit plans on time.  If the state loses any federal funds as a result of noncompliance by an owner/operator of a RFGS, the owner/operator is liable to the state for the loss of federal funds.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  The bill contains an emergency clause and takes effect immediately.

Testimony For:  None.

Testimony Against:  None.

Testified:  No one.