AN
ACT Relating to transportation safety and planning; and amending RCW
81.104.115.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
81.104.115 and 1999 c 202 s 7 are each amended 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 RCW 35.21.228, 35A.21.300, 36.01.210, 36.57.120,
36.57A.170, and 81.112.180 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 RCW 35.21.228, 35A.21.300, 36.01.210,
36.57.120, 36.57A.170, and 81.112.180 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. The
owner or operator of each rail fixed guideway system shall reimburse the
reasonable expenses of the department in carrying out its responsibilities of
this subsection within ninety days after receipt of an invoice. The department
shall notify the owner or operator of the estimated expenses at least six
months in advance of when the department audits the system.
(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 RCW 35.21.228,
35A.21.300, 36.01.210, 36.57.120, 36.57A.170, and 81.112.180, including rules
establishing procedures and timelines for owners and operators of rail fixed
guideway systems to comply with RCW 35.21.228, 35A.21.300, 36.01.210,
36.57.120, 36.57A.170, and 81.112.180 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.
