BP BHEAD INT S [atlas:bill]

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 81.112 RCW; adding a new section to chapter 36.57A 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 any 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 prior to beginning operations or instituting revisions to its plan. This plan shall 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 shall, at a minimum, conform to the standards adopted by the state department of transportation. If required by the department, such city or town shall revise its plan to incorporate the department's review comments within sixty days after receipt thereof, and resubmit its revised plan for review.

(2) Each city or town shall implement and comply with the provisions of its system safety and security program plan. Such 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. Such 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 shall 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. Such 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) Each city or town is prohibited from publicly disclosing or communicating, in any way, to unauthorized persons, the security portions of its system safety and security program plan.

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 any 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 prior to beginning operations or instituting revisions to its plan. This plan shall 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 shall, at a minimum, conform to the standards adopted by the state department of transportation. If required by the department, such code city shall revise its plan to incorporate the department's review comments within sixty days after receipt thereof, and resubmit its revised plan for review.

(2) Each code city shall implement and comply with the provisions of its system safety and security program plan. Such 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. Such 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 shall 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. Such 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) Each code city is prohibited from publicly disclosing or communicating, in any way, to unauthorized persons, the security portions of its system safety and security program plan.

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 any 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 prior to beginning operations or instituting revisions to its plan. This plan shall 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 shall, at a minimum, conform to the standards adopted by the state department of transportation. If required by the department, such county shall revise its plan to incorporate the department's review comments within sixty days after receipt thereof, and resubmit its revised plan for review.

(2) Each county functioning under chapter 36.56 RCW shall implement and comply with the provisions of its system safety and security program plan. Such 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. Such 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 shall 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. Such 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) Each county functioning under chapter 36.56 RCW is prohibited from publicly disclosing or communicating, in any way, to unauthorized persons, the security portions of its system safety and security program plan.

NEW SECTION. Sec. 4. A new section is added to chapter 81.112 RCW to read as follows:

(1) Each regional transit authority that owns or operates any 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 prior to beginning operations or instituting revisions to its plan. This plan shall 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 shall, at a minimum, conform to the standards adopted by the state department of transportation. If required by the department, such regional transit authority shall revise its plan to incorporate the department's review comments within sixty days after receipt thereof, and resubmit its revised plan for review.

(2) Each regional transit authority shall implement and comply with the provisions of its system safety and security program plan. Such 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. Such 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 shall 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. Such 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) Each regional transit authority is prohibited from publicly disclosing or communicating, in any way, to unauthorized persons, the security portions of its system safety and security program plan.

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 any 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 prior to beginning operations or instituting revisions to its plan. This plan shall 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 shall, at a minimum, conform to the standards adopted by the state department of transportation. If required by the department, such public transportation benefit area shall revise its plan to incorporate the department's review comments within sixty days after receipt thereof, and resubmit its revised plan for review.

(2) Each public transportation benefit area shall implement and comply with the provisions of its system safety and security program plan. Such 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. Such 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 shall 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. Such 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) Each public transportation benefit area is prohibited from publicly disclosing or communicating, in any way, to unauthorized persons, the security portions of its system safety and security program plan.

NEW SECTION. Sec. 6. A new section is added to chapter 81.104 RCW to read as follows:

(1) The department is authorized to collect and review the system safety and security program plan prepared by each owner or operator of any rail fixed guideway system as defined in RCW 81.104.015. 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 department is prohibited from publicly disclosing or communicating, in any way, to unauthorized persons, the security portions of system safety and security program plans collected from owners and operators of rail fixed guideway systems.

(3) The department shall audit each system safety and security program plan at least once every three years. The department is authorized to contract with other persons or entities for the performance of any and all duties required by this subsection. The department shall provide at least thirty days' advanced notice to the owner or operator of any rail fixed guideway system as defined in RCW 81.104.015 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 any rail fixed guideway system as defined in RCW 81.104.015, 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 any reportable accident, unacceptable hazardous condition, or security breach. The department is authorized to contract with other persons or entities for the performance of any and all 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) To carry out the responsibilities under subsection (1) of this section, the department may use amounts appropriated from the high capacity transportation account. The owners or operators of any rail fixed guideway system as defined in RCW 81.104.015 shall reimburse the expenses of the department in carrying out the responsibilities under subsections (3) and (4) of this section.

(6) The secretary may adopt rules to implement this section and sections 1 through 5 of this act, including rules establishing procedures and timelines for owners and operators of rail fixed guideway systems to comply with sections 1 through 5 of this act and the rules adopted under this section, and sanctions that may be imposed and collected by the department for failure to comply. In the event 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 any political subdivision thereof, the owner or operator is liable to the affected entity or entities for the amount of the lost funds, in addition to any sanction imposed by the department because of the noncompliance.

(7) The department and its employees have no liability arising from the adoption of rules; the review of or concurrence in any system safety and security program plan; the separate, independent investigation of any reportable accident, unacceptable hazardous condition, or security breach; and the review of or concurrence in a corrective action plan for any reportable accident, unacceptable hazardous condition, or security breach.

NEW SECTION. Sec. 7. A new section is added to chapter 42.17 RCW to read as follows:

A transportation system safety and security program plan required under sections 1 through 5 of this act is exempt from disclosure under this chapter.

Sec. 8. 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. 9. 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.