(1) Each regional transit authority that owns or operates a rail fixed guideway public transportation system as defined in RCW 81.104.015 shall submit a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by September 1, 1999, or at least one hundred eighty calendar days before beginning operations or instituting significant revisions to its plans. These plans must describe the authority's procedures for (a) reporting and investigating ((reportable accidents, unacceptable hazardous conditions, and security breaches)) any reportable incident, accident, or security breach and identifying and resolving hazards or security vulnerabilities discovered during planning, design, construction, testing, or operations, (b) developing and 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 the federal transit administration, and (d) addressing passenger and employee safety and security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation as set forth in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. If required by the department, the regional transit authority shall revise its plans to incorporate the department's review comments within sixty days after their receipt, and resubmit its revised plans for review.

(2) Each regional transit authority shall implement and comply with its system safety program plan and system security and emergency preparedness plan. The regional transit authority shall perform internal safety and security audits to evaluate its compliance with the plans, and submit its audit schedule to the department of transportation ((no later than December 15th each year)) pursuant to the requirements in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. 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)) The department shall establish the requirements for the annual report. The contents of the annual report must include, at a minimum, 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 plans.

(3) Each regional transit authority shall notify the department of transportation ((within two hours of an occurrence of a reportable accident, unacceptable hazardous condition, or security breach)), pursuant to the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, any reportable incident, accident, security breach, hazard, or security vulnerability. The department may adopt rules further defining ((a reportable accident, unacceptable hazardous condition, or security breach)) any reportable incident, accident, security breach, hazard, or security vulnerability. The regional transit authority shall investigate ((all reportable accidents, unacceptable hazardous conditions, or security breaches)) any reportable incident, accident, security breach, hazard, or security vulnerability and provide a written investigation report to the department ((within forty-five calendar days after the reportable accident, unacceptable hazardous condition, or security breach)) as described in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.

(1) Each city or town that owns or operates a rail fixed guideway public transportation system as defined in RCW 81.104.015 shall submit a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by September 1, 1999, or at least one hundred eighty calendar days before beginning operations or instituting significant revisions to its plans. These plans must describe the city's procedures for (a) reporting and investigating ((reportable accidents, unacceptable hazardous conditions, and security breaches)) any reportable incident, accident, or security breach and identifying and resolving hazards or security vulnerabilities discovered during planning, design, construction, testing, or operations, (b) developing and 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 the federal transit administration, and (d) addressing passenger and employee safety and security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation as set forth in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. If required by the department, the city or town shall revise its plans to incorporate the department's review comments within sixty days after their receipt, and resubmit its revised plans for review.

(2) Each city or town shall implement and comply with its system safety program plan and system security and emergency preparedness plan. The city or town shall perform internal safety and security audits to evaluate its compliance with the plans, and submit its audit schedule to the department of transportation ((no later than December 15th each year)) pursuant to the requirements in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. 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)) The department shall establish the requirements for the annual report. The contents of the annual report must include, at a minimum, 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 plans.

(3) Each city or town shall notify the department of transportation ((within two hours of an occurrence of a reportable accident, unacceptable hazardous condition, or security breach)), pursuant to the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, any reportable incident, accident, security breach, hazard, or security vulnerability. The department may adopt rules further defining ((a reportable accident, unacceptable hazardous condition, or security breach)) any reportable incident, accident, security breach, hazard, or security vulnerability. The city or town shall investigate ((all reportable accidents, unacceptable hazardous conditions, or security breaches)) any reportable incident, accident, security breach, hazard, or security vulnerability and provide a written investigation report to the department ((within forty-five calendar days after the reportable accident, unacceptable hazardous condition, or security breach)) as described in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.

(1) Each code city that owns or operates a rail fixed guideway public transportation system as defined in RCW 81.104.015 shall submit a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by September 1, 1999, or at least one hundred eighty calendar days before beginning operations or instituting significant revisions to its plans. These plans must describe the code city's procedures for (a) reporting and investigating ((reportable accidents, unacceptable hazardous conditions, and security breaches)) any reportable incident, accident, or security breach and identifying and resolving hazards or security vulnerabilities discovered during planning, design, construction, testing, or operations, (b) developing and 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 the federal transit administration, and (d) addressing passenger and employee safety and security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation as set forth in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. If required by the department, the code city shall revise its plans to incorporate the department's review comments within sixty days after their receipt, and resubmit its revised plans for review.

(2) Each code city shall implement and comply with its system safety program plan and system security and emergency preparedness plan. The code city shall perform internal safety and security audits to evaluate its compliance with the plans, and submit its audit schedule to the department of transportation ((no later than December 15th each year)) pursuant to the requirements in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. 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)) The department shall establish the requirements for the annual report. The contents of the annual report must include, at a minimum, 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 plans.

(3) Each code city shall notify the department of transportation ((within two hours of an occurrence of a reportable accident, unacceptable hazardous condition, or security breach)), pursuant to the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, any reportable incident, accident, security breach, hazard, or security vulnerability. The department may adopt rules further defining ((a reportable accident, unacceptable hazardous condition, or security breach)) any reportable incident, accident, security breach, hazard, or security vulnerability. The code city shall investigate ((all reportable accidents, unacceptable hazardous conditions, or security breaches)) any reportable incident, accident, security breach, hazard, or security vulnerability and provide a written investigation report to the department ((within forty-five calendar days after the reportable accident, unacceptable hazardous condition, or security breach)) as described in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.

(1) Each county functioning under chapter 36.56 RCW that owns or operates a rail fixed guideway public transportation system as defined in RCW 81.104.015 shall submit a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by September 1, 1999, or at least one hundred eighty calendar days before beginning operations or instituting significant revisions to its plans. These plans must describe the county's procedures for (a) reporting and investigating ((reportable accidents, unacceptable hazardous conditions, and security breaches)) any reportable incident, accident, or security breach and identifying and resolving hazards or security vulnerabilities discovered during planning, design, construction, testing, or operations, (b) developing and 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 the federal transit administration, and (d) addressing passenger and employee safety and security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation as set forth in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. If required by the department, the county shall revise its plans to incorporate the department's review comments within sixty days after their receipt, and resubmit its revised plans for review.

(2) Each county functioning under chapter 36.56 RCW shall implement and comply with its system safety program plan and system security and emergency preparedness plan. The county shall perform internal safety and security audits to evaluate its compliance with the plans, and submit its audit schedule to the department of transportation ((no later than December 15th each year)) pursuant to the requirements in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. 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)) The department shall establish the requirements for the annual report. The contents of the annual report must include, at a minimum, 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 plans.

(3) Each county shall notify the department of transportation ((within two hours of an occurrence of a reportable accident, unacceptable hazardous condition, or security breach)), pursuant to the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, any reportable incident, accident, security breach, hazard, or security vulnerability. The department may adopt rules further defining ((a reportable accident, unacceptable hazardous condition, or security breach)) any reportable incident, accident, security breach, hazard, or security vulnerability. The county shall investigate ((all reportable accidents, unacceptable hazardous conditions, or security breaches)) any reportable incident, accident, security breach, hazard, or security vulnerability and provide a written investigation report to the department ((within forty-five calendar days after the reportable accident, unacceptable hazardous condition, or security breach)) as described in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.

(1) Each county transportation authority that owns or operates a rail fixed guideway public transportation system as defined in RCW 81.104.015 shall submit a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by September 1, 1999, or at least one hundred eighty calendar days before beginning operations or instituting significant revisions to its plans. These plans must describe the county transportation authority's procedures for (a) reporting and investigating ((reportable accidents, unacceptable hazardous conditions, and security breaches)) any reportable incident, accident, or security breach and identifying and resolving hazards or security vulnerabilities discovered during planning, design, construction, testing, or operations, (b) developing and 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 the federal transit administration, and (d) addressing passenger and employee safety and security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation as set forth in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. If required by the department, the county transportation authority shall revise its plans to incorporate the department's review comments within sixty days after their receipt, and resubmit its revised plans for review.

(2) Each county transportation authority shall implement and comply with its system safety program plan and system security and emergency preparedness plan. The county transportation authority shall perform internal safety and security audits to evaluate its compliance with the plans, and submit its audit schedule to the department of transportation ((no later than December 15th each year)) pursuant to the requirements in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. 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)) The department shall establish the requirements for the annual report. The contents of the annual report must include, at a minimum, 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 plans.

(3) Each county transportation authority shall notify the department of transportation ((within two hours of an occurrence of a reportable accident, unacceptable hazardous condition, or security breach)), pursuant to the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, any reportable incident, accident, security breach, hazard, or security vulnerability. The department may adopt rules further defining ((a reportable accident, unacceptable hazardous condition, or security breach)) any reportable incident, accident, security breach, hazard, or security vulnerability. The county transportation authority shall investigate ((all reportable accidents, unacceptable hazardous conditions, or security breaches)) any reportable incident, accident, security breach, hazard, or security vulnerability and provide a written investigation report to the department ((within forty-five calendar days after the reportable accident, unacceptable hazardous condition, or security breach)) as described in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.

(1) Each public transportation benefit area that owns or operates a rail fixed guideway public transportation system as defined in RCW 81.104.015 shall submit a system safety program plan and a system security and emergency preparedness plan for that guideway to the state department of transportation by September 1, 1999, or at least one hundred eighty calendar days before beginning operations or instituting significant revisions to its plans. These plans must describe the public transportation benefit area's procedures for (a) reporting and investigating ((reportable accidents, unacceptable hazardous conditions, and security breaches)) any reportable incident, accident, or security breach and identifying and resolving hazards or security vulnerabilities discovered during planning, design, construction, testing, or operations, (b) developing and 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 the federal transit administration, and (d) addressing passenger and employee safety and security. The plans must, at a minimum, conform to the standards adopted by the state department of transportation as set forth in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. If required by the department, the public transportation benefit area shall revise its plans to incorporate the department's review comments within sixty days after their receipt, and resubmit its revised plans for review.

(2) Each public transportation benefit area shall implement and comply with its system safety program plan and system security and emergency preparedness plan. The public transportation benefit area shall perform internal safety and security audits to evaluate its compliance with the plans, and submit its audit schedule to the department of transportation ((no later than December 15th each year)) pursuant to the requirements in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. 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)) The department shall establish the requirements for the annual report. The contents of the annual report must include, at a minimum, 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 plans.

(3) Each public transportation benefit area shall notify the department of transportation ((within two hours of an occurrence of a reportable accident, unacceptable hazardous condition, or security breach)), pursuant to the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section, any reportable incident, accident, security breach, hazard, or security vulnerability. The department may adopt rules further defining ((a reportable accident, unacceptable hazardous condition, or security breach)) any reportable incident, accident, security breach, hazard, or security vulnerability. The public transportation benefit area shall investigate ((all reportable accidents, unacceptable hazardous conditions, or security breaches)) any reportable incident, accident, security breach, hazard, or security vulnerability and provide a written investigation report to the department ((within forty-five calendar days after the reportable accident, unacceptable hazardous condition, or security breach)) as described in the most current version of the Washington state rail safety oversight program standard manual as it exists on the effective date of this section, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section.

(2) "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.

(4) "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.

(((4))) (5) "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.

(2) The department ((may)) shall collect ((and)), audit, review, approve, oversee, and enforce the system safety program plan and the system security and emergency preparedness plan prepared by each owner or operator of a rail fixed guideway public transportation system operating in Washington state. In carrying out this function, the department ((may)) shall adopt rules specifying the elements and standard to be contained in a system safety program plan and a system security and emergency preparedness 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)) any reportable incident, accident, security breach, hazard, or security vulnerability. These rules ((may)) must include due dates for the department's timely receipt of and response to required documents.

(((2))) (3) The department, in carrying out the duties in this section, shall compel the rail fixed guideway public transportation systems to comply with state and federal safety and security regulations for rail fixed guideway public transportation systems. The department may also impose financial penalties for noncompliance with state or federal regulations, or both, related to state safety and security oversight. Specific financial penalties, if imposed, must be determined by rule. When reportable safety or security deficiencies are identified and not addressed in a timely manner by rail fixed guideway public transportation system owners and operators, the department may require the suspension or modification of service or the suspended use or removal of equipment. The department may impose sanctions upon owners and operators of rail fixed guideway public transportation systems for failure to meet deadlines of submissions of required reports and audits.

(4) The system security and emergency preparedness plan as described in ((subsection (1)(d) of)) RCW 35.21.228(1), 35A.21.300(1), 36.01.210(1), 36.57.120(1), 36.57A.170(1), and 81.112.180(1) is exempt from public disclosure under chapter 42.56 RCW by the department when collected from the owners and operators of rail fixed ((railway)) guideway public transportation systems. However, the system safety program plan as described in RCW 35.21.228, 35A.21.300, 36.01.210, 36.57.120, 36.57A.170, and 81.112.180 is not exempt from public disclosure.

(((3))) (5) The department shall audit each system safety program plan and each system security and emergency preparedness 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 public transportation 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))) (6) In the event of ((a reportable accident, unacceptable hazardous condition, or security breach)) any reportable incident, accident, security breach, hazard, or security vulnerability, 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 public transportation system to ((ensure that it meets the goal of preventing and mitigating)) safeguard against a recurrence of the ((reportable accident, unacceptable hazardous condition, or security breach)) incident, accident, security breach, hazard, or security vulnerability.

(a) The department may, at its option, perform a separate, independent investigation of ((a reportable accident, unacceptable hazardous condition, or security breach)) any reportable incident, accident, security breach, hazard, or security vulnerability. 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))) (7) 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 public transportation 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 public transportation 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))) (8) The department and its employees shall have no liability for any actions taken pursuant to this chapter arising from: The adoption of rules; the review of or concurrence in a system safety program plan and a system security and emergency preparedness plan; the separate, independent investigation of ((a reportable accident, unacceptable hazardous condition, or security breach)) any reportable incident, accident, security breach, hazard, or security vulnerability; and the review of or concurrence in a corrective action plan for ((a reportable accident, unacceptable hazardous condition, or security breach.

(8) The department shall set by rule an annual fee for owners and operators of rail fixed guideway systems to defray the department's direct costs associated only with the system safety program plans, system security and emergency preparedness plans, and incident investigations, as described in this section, and the fee shall not be a flat fee but shall be imposed on each owner and operator in proportion to the effort expended by the department in relation to individual plans. The department shall establish by rule the manner and timing of the collection of the fee)) any reportable incident, accident, security breach, hazard, or security vulnerability.

(9) At least once every year, the department shall report the status of the safety and security of each rail fixed guideway public transportation system to the governor, the federal transit administration, the board of directors or equivalent entity of the rail fixed guideway public transportation system, and the transportation committees of the legislature.


State of Washington	64th Legislature	2016 Regular Session