AN
ACT Relating to transportation safety and planning; amending RCW 81.104.015;
adding a new section to chapter 35.21 RCW; adding a new section to chapter
35A.21 RCW; adding a new section to chapter 36.01 RCW; adding a new section to
chapter 36.57 RCW; adding a new section to chapter 36.57A RCW; adding a new
section to chapter 81.112 RCW; adding a new section to chapter 81.104 RCW;
adding a new section to chapter 42.17 RCW; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 35.21 RCW to read as follows:
(1)
Each city or town that owns or operates a rail fixed guideway system as defined
in RCW 81.104.015 shall submit a system safety and security program plan for
that guideway to the state department of transportation by September 1, 1999,
or at least three months before beginning operations or instituting revisions
to its plan. This plan must describe the city's procedures for (a) reporting
and investigating reportable accidents, unacceptable hazardous conditions, and
security breaches, (b) submitting corrective action plans and annual safety and
security audit reports, (c) facilitating on-site safety and security reviews by
the state department of transportation, and (d) addressing passenger and
employee security. The plan must, at a minimum, conform to the standards
adopted by the state department of transportation. If required by the
department, the city or town shall revise its plan to incorporate the
department's review comments within sixty days after their receipt, and
resubmit its revised plan for review.
(2)
Each city or town shall implement and comply with its system safety and
security program plan. The city or town shall perform internal safety and
security audits to evaluate its compliance with the plan, and submit its audit
schedule to the department of transportation no later than December 15th each
year. The city or town shall prepare an annual report for its internal safety
and security audits undertaken in the prior year and submit it to the
department no later than February 15th. This annual report must include the
dates the audits were conducted, the scope of the audit activity, the audit
findings and recommendations, the status of any corrective actions taken as a
result of the audit activity, and the results of each audit in terms of the
adequacy and effectiveness of the plan.
(3)
Each city or town shall notify the department of transportation within
twenty-four hours of an occurrence of a reportable accident, unacceptable
hazardous condition, or security breach. The department may adopt rules
further defining a reportable accident, unacceptable hazardous condition, or
security breach. The city or town shall investigate all reportable accidents,
unacceptable hazardous conditions, or security breaches and provide a written
investigation report to the department within forty-five calendar days after
the reportable accident, unacceptable hazardous condition, or security breach.
(4)
The security section of the safety and security plan required in subsection
(1)(d) of this section is exempt from public disclosure under chapter 42.17
RCW. However, the activities and plans as described in subsections (1)(a),
(b), and (c), (2), and (3) of this section are not subject to this exemption.
NEW
SECTION. Sec. 2. A
new section is added to chapter 35A.21 RCW to read as follows:
(1)
Each code city that owns or operates a rail fixed guideway system as defined in
RCW 81.104.015 shall submit a system safety and security program plan for that
guideway to the state department of transportation by September 1, 1999, or at
least three months before beginning operations or instituting revisions to its
plan. This plan must describe the code city's procedures for (a) reporting and
investigating reportable accidents, unacceptable hazardous conditions, and
security breaches, (b) submitting corrective action plans and annual safety and
security audit reports, (c) facilitating on-site safety and security reviews by
the state department of transportation, and (d) addressing passenger and
employee security. The plan must, at a minimum, conform to the standards adopted
by the state department of transportation. If required by the department, the
code city shall revise its plan to incorporate the department's review comments
within sixty days after their receipt, and resubmit its revised plan for
review.
(2)
Each code city shall implement and comply with its system safety and security
program plan. The code city shall perform internal safety and security audits
to evaluate its compliance with the plan, and submit its audit schedule to the
department of transportation no later than December 15th each year. The code
city shall prepare an annual report for its internal safety and security audits
undertaken in the prior year and submit it to the department no later than
February 15th. This annual report must include the dates the audits were
conducted, the scope of the audit activity, the audit findings and
recommendations, the status of any corrective actions taken as a result of the
audit activity, and the results of each audit in terms of the adequacy and
effectiveness of the plan.
(3)
Each code city shall notify the department of transportation within twenty-four
hours of an occurrence of a reportable accident, unacceptable hazardous
condition, or security breach. The department may adopt rules further defining
a reportable accident, unacceptable hazardous condition, or security breach.
The code city shall investigate all reportable accidents, unacceptable
hazardous conditions, or security breaches and provide a written investigation
report to the department within forty-five calendar days after the reportable
accident, unacceptable hazardous condition, or security breach.
(4)
The security section of the safety and security plan required in subsection
(1)(d) of this section is exempt from public disclosure under chapter 42.17
RCW. However, the activities and plans as described in subsections (1)(a),
(b), and (c), (2), and (3) of this section are not subject to this exemption.
NEW
SECTION. Sec. 3. A
new section is added to chapter 36.01 RCW to read as follows:
(1)
Each county functioning under chapter 36.56 RCW that owns or operates a rail
fixed guideway system as defined in RCW 81.104.015 shall submit a system safety
and security program plan for that guideway to the state department of
transportation by September 1, 1999, or at least three months before beginning
operations or instituting revisions to its plan. This plan must describe the
county's procedures for (a) reporting and investigating reportable accidents,
unacceptable hazardous conditions, and security breaches, (b) submitting
corrective action plans and annual safety and security audit reports, (c)
facilitating on-site safety and security reviews by the state department of
transportation, and (d) addressing passenger and employee security. The plan
must, at a minimum, conform to the standards adopted by the state department of
transportation. If required by the department, the county shall revise its
plan to incorporate the department's review comments within sixty days after
their receipt, and resubmit its revised plan for review.
(2)
Each county functioning under chapter 36.56 RCW shall implement and comply with
its system safety and security program plan. The county shall perform internal
safety and security audits to evaluate its compliance with the plan, and submit
its audit schedule to the department of transportation no later than December
15th each year. The county shall prepare an annual report for its internal
safety and security audits undertaken in the prior year and submit it to the
department no later than February 15th. This annual report must include the
dates the audits were conducted, the scope of the audit activity, the audit
findings and recommendations, the status of any corrective actions taken as a
result of the audit activity, and the results of each audit in terms of the
adequacy and effectiveness of the plan.
(3)
Each county shall notify the department of transportation within twenty-four
hours of an occurrence of a reportable accident, unacceptable hazardous
condition, or security breach. The department may adopt rules further defining
a reportable accident, unacceptable hazardous condition, or security breach.
The county shall investigate all reportable accidents, unacceptable hazardous conditions,
or security breaches and provide a written investigation report to the
department within forty-five calendar days after the reportable accident,
unacceptable hazardous condition, or security breach.
(4)
The security section of the safety and security plan required in subsection
(1)(d) of this section is exempt from public disclosure under chapter 42.17
RCW. However, the activities and plans as described in subsections (1)(a),
(b), and (c), (2), and (3) of this section are not subject to this exemption.
NEW
SECTION. Sec. 4. A
new section is added to chapter 36.57 RCW to read as follows:
(1)
Each county transportation authority that owns or operates a rail fixed
guideway system as defined in RCW 81.104.015 shall submit a system safety and
security program plan for that guideway to the state department of
transportation by September 1, 1999, or at least three months before beginning
operations or instituting revisions to its plan. This plan must describe the
county transportation authority's procedures for (a) reporting and
investigating reportable accidents, unacceptable hazardous conditions, and
security breaches, (b) submitting corrective action plans and annual safety and
security audit reports, (c) facilitating on-site safety and security reviews by
the state department of transportation, and (d) addressing passenger and
employee security. The plan must, at a minimum, conform to the standards
adopted by the state department of transportation. If required by the department,
the county transportation authority shall revise its plan to incorporate the
department's review comments within sixty days after their receipt, and
resubmit its revised plan for review.
(2)
Each county transportation authority shall implement and comply with its system
safety and security program plan. The county transportation authority shall
perform internal safety and security audits to evaluate its compliance with the
plan, and submit its audit schedule to the department of transportation no
later than December 15th each year. The county transportation authority shall
prepare an annual report for its internal safety and security audits undertaken
in the prior year and submit it to the department no later than February 15th.
This annual report must include the dates the audits were conducted, the scope
of the audit activity, the audit findings and recommendations, the status of
any corrective actions taken as a result of the audit activity, and the results
of each audit in terms of the adequacy and effectiveness of the plan.
(3)
Each county transportation authority shall notify the department of
transportation within twenty-four hours of an occurrence of a reportable
accident, unacceptable hazardous condition, or security breach. The department
may adopt rules further defining a reportable accident, unacceptable hazardous
condition, or security breach. The county transportation authority shall
investigate all reportable accidents, unacceptable hazardous conditions, or
security breaches and provide a written investigation report to the department
within forty-five calendar days after the reportable accident, unacceptable
hazardous condition, or security breach.
(4)
The security section of the safety and security plan required in subsection
(1)(d) of this section is exempt from public disclosure under chapter 42.17
RCW. However, the activities and plans as described in subsections (1)(a),
(b), and (c), (2), and (3) of this section are not subject to this exemption.
NEW
SECTION. Sec. 5. A
new section is added to chapter 36.57A RCW to read as follows:
(1)
Each public transportation benefit area that owns or operates a rail fixed
guideway system as defined in RCW 81.104.015 shall submit a system safety and
security program plan for that guideway to the state department of
transportation by September 1, 1999, or at least three months before beginning
operations or instituting revisions to its plan. This plan must describe the
public transportation benefit area's procedures for (a) reporting and
investigating reportable accidents, unacceptable hazardous conditions, and
security breaches, (b) submitting corrective action plans and annual safety and
security audit reports, (c) facilitating on-site safety and security reviews by
the state department of transportation, and (d) addressing passenger and
employee security. The plan must, at a minimum, conform to the standards
adopted by the state department of transportation. If required by the
department, the public transportation benefit area shall revise its plan to
incorporate the department's review comments within sixty days after their
receipt, and resubmit its revised plan for review.
(2)
Each public transportation benefit area shall implement and comply with its
system safety and security program plan. The public transportation benefit
area shall perform internal safety and security audits to evaluate its
compliance with the plan, and submit its audit schedule to the department of transportation
no later than December 15th each year. The public transportation benefit area
shall prepare an annual report for its internal safety and security audits
undertaken in the prior year and submit it to the department no later than
February 15th. This annual report must include the dates the audits were
conducted, the scope of the audit activity, the audit findings and
recommendations, the status of any corrective actions taken as a result of the
audit activity, and the results of each audit in terms of the adequacy and
effectiveness of the plan.
(3)
Each public transportation benefit area shall notify the department of
transportation within twenty-four hours of an occurrence of a reportable
accident, unacceptable hazardous condition, or security breach. The department
may adopt rules further defining a reportable accident, unacceptable hazardous
condition, or security breach. The public transportation benefit area shall
investigate all reportable accidents, unacceptable hazardous conditions, or security
breaches and provide a written investigation report to the department within
forty-five calendar days after the reportable accident, unacceptable hazardous
condition, or security breach.
(4)
The security section of the safety and security plan required in subsection
(1)(d) of this section is exempt from public disclosure under chapter 42.17
RCW. However, the activities and plans as described in subsections (1)(a),
(b), and (c), (2), and (3) of this section are not subject to this exemption.
NEW
SECTION. Sec. 6. A
new section is added to chapter 81.112 RCW to read as follows:
(1)
Each regional transit authority that owns or operates a rail fixed guideway
system as defined in RCW 81.104.015 shall submit a system safety and security
program plan for that guideway to the state department of transportation by
September 1, 1999, or at least three months before beginning operations or
instituting revisions to its plan. This plan must describe the authority's
procedures for (a) reporting and investigating reportable accidents,
unacceptable hazardous conditions, and security breaches, (b) submitting
corrective action plans and annual safety and security audit reports, (c)
facilitating on-site safety and security reviews by the state department of
transportation, and (d) addressing passenger and employee security. The plan
must, at a minimum, conform to the standards adopted by the state department of
transportation. If required by the department, the regional transit authority
shall revise its plan to incorporate the department's review comments within
sixty days after their receipt, and resubmit its revised plan for review.
(2)
Each regional transit authority shall implement and comply with its system
safety and security program plan. The regional transit authority shall perform
internal safety and security audits to evaluate its compliance with the plan,
and submit its audit schedule to the department of transportation no later than
December 15th each year. The regional transit authority shall prepare an
annual report for its internal safety and security audits undertaken in the
prior year and submit it to the department no later than February 15th. This
annual report must include the dates the audits were conducted, the scope of
the audit activity, the audit findings and recommendations, the status of any
corrective actions taken as a result of the audit activity, and the results of
each audit in terms of the adequacy and effectiveness of the plan.
(3)
Each regional transit authority shall notify the department of transportation
within twenty-four hours of an occurrence of a reportable accident,
unacceptable hazardous condition, or security breach. The department may adopt
rules further defining a reportable accident, unacceptable hazardous condition,
or security breach. The regional transit authority shall investigate all
reportable accidents, unacceptable hazardous conditions, or security breaches
and provide a written investigation report to the department within forty-five
calendar days after the reportable accident, unacceptable hazardous condition,
or security breach.
(4)
The security section of the safety and security plan required in subsection
(1)(d) of this section is exempt from public disclosure under chapter 42.17
RCW. However, the activities and plans as described in subsections (1)(a),
(b), and (c), (2), and (3) of this section are not subject to this exemption.
NEW
SECTION. Sec. 7. A
new section is added to chapter 81.104 RCW to read as follows:
(1)
The department may collect and review the system safety and security program
plan prepared by each owner or operator of a rail fixed guideway system. In
carrying out this function, the department may adopt rules specifying the elements
and standard to be contained in a system safety and security program plan, and
the content of any investigation report, corrective action plan, and
accompanying implementation schedule resulting from a reportable accident,
unacceptable hazardous condition, or security breach. These rules may include
due dates for the department's timely receipt of and response to required
documents.
(2)
The security section of the system safety and security plan as described in
subsection (1)(d) of sections 1 through 6 of this act are exempt from public
disclosure under chapter 42.17 RCW by the department when collected from the
owners and operators of fixed railway systems. However, the activities and
plans as described in subsection (1)(a), (b), and (c) of sections 1 through 6
of this act are not exempt from public disclosure.
(3)
The department shall audit each system safety and security program plan at
least once every three years. The department may contract with other persons
or entities for the performance of duties required by this subsection. The
department shall provide at least thirty days' advance notice to the owner or
operator of a rail fixed guideway system before commencing the audit.
(4)
In the event of a reportable accident, unacceptable hazardous condition, or
security breach, the department shall review the investigation report,
corrective action plan, and accompanying implementation schedule, submitted by
the owner or operator of the rail fixed guideway system to ensure that it meets
the goal of preventing and mitigating a recurrence of the reportable accident,
unacceptable hazardous condition, or security breach.
(a)
The department may, at its option, perform a separate, independent
investigation of a reportable accident, unacceptable hazardous condition, or
security breach. The department may contract with other persons or entities
for the performance of duties required by this subsection.
(b)
If the department does not concur with the investigation report, corrective
action plan, and accompanying implementation schedule, submitted by the owner
or operator, the department shall notify that owner or operator in writing
within forty-five days of its receipt of the complete investigation report,
corrective action plan, and accompanying implementation schedule.
(5)
The secretary may adopt rules to implement this section and sections 1 through
6 of this act, including rules establishing procedures and timelines for owners
and operators of rail fixed guideway systems to comply with sections 1 through
6 of this act and the rules adopted under this section. If noncompliance by an
owner or operator of a rail fixed guideway system results in the loss of
federal funds to the state of Washington or a political subdivision of the
state, the owner or operator is liable to the affected entity or entities for
the amount of the lost funds.
(6)
The department may impose sanctions upon owners and operators of rail fixed
guideway systems, but only for failure to meet reasonable deadlines for
submission of required reports and audits. The department is expressly
prohibited from imposing sanctions for any other purposes, including, but not
limited to, differences in format or content of required reports and audits.
(7)
The department and its employees have no liability arising from the adoption of
rules; the review of or concurrence in a system safety and security program
plan; the separate, independent investigation of a reportable accident,
unacceptable hazardous condition, or security breach; and the review of or
concurrence in a corrective action plan for a reportable accident, unacceptable
hazardous condition, or security breach.
NEW
SECTION. Sec. 8. A
new section is added to chapter 42.17 RCW to read as follows:
The
security section of transportation system safety and security program plans
required under sections 1 through 6 of this act are exempt from disclosure
under this chapter.
Sec.
9. RCW
81.104.015 and 1992 c 101 s 19 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1)
"High-capacity transportation system" means a system of public
transportation services within an urbanized region operating principally on
exclusive rights of way, and the supporting services and facilities necessary
to implement such a system, including interim express services and high
occupancy vehicle lanes, which taken as a whole, provides a substantially higher
level of passenger capacity, speed, and service frequency than traditional
public transportation systems operating principally in general purpose
roadways.
(2)
"Rail fixed guideway system" means a light, heavy, or rapid rail
system, monorail, inclined plane, funicular, trolley, or other fixed rail
guideway component of a high-capacity transportation system that is not
regulated by the Federal Railroad Administration, or its successor. "Rail
fixed guideway system" does not mean elevators, moving sidewalks or
stairs, and vehicles suspended from aerial cables, unless they are an integral
component of a station served by a rail fixed guideway system.
(3)
"Regional transit system" means a high-capacity transportation
system under the jurisdiction of one or more transit agencies except where a
regional transit authority created under chapter 81.112 RCW exists, in which
case "regional transit system" means the high-capacity
transportation system under the jurisdiction of a regional transit authority.
(((3)))
(4) "Transit agency" means city-owned transit systems, county
transportation authorities, metropolitan municipal corporations, and public
transportation benefit areas.
NEW SECTION. Sec. 10. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
