Trial Engrossment of Amendment A05342 to Senate Bill 1246 P.N. 1780, Regular Session 2023-2024

A05342

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1246

Session of

2024

INTRODUCED BY KEARNEY, BREWSTER, COSTA, FONTANA, KANE,

CAPPELLETTI AND SAVAL, JUNE 7, 2024

AS AMENDED ON SECOND CONSIDERATION, JUNE 25, 2024

AN ACT

Amending Title 74 (Transportation) of the Pennsylvania

Consolidated Statutes, in sustainable mobility options,

establishing the State Safety Oversight Office and providing

for its powers and duties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 74 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 1510.1. State Safety Oversight Office.

(a) Establishment.--The State Safety Oversight Office is

established in the department and shall be under the

jurisdiction of the secretary. The secretary, in consultation

with the Federal Transit Administration, shall determine an

appropriate staffing level for the SSO Office that is

commensurate with the number, size and complexity of fixed

guideway public transportation systems in this Commonwealth. The

SSO Office shall adhere to and have the authority and capability

to perform and enforce the provisions and functions specified

under this section, 49 U.S.C. § 5329 (relating to public

transportation safety program) and the associated Federal

regulations set forth and adopted for oversight for each fixed

guideway public transportation system.

(b) Program standard.--The SSO Office shall establish,

adopt, administer and enforce the SSO program standard in a

manner that meets, but does not exceed, Federal requirements .

CONSISTENT WITH , BUT WHICH DOES NOT EXCEED, THE REQUIREMENTS SET

BY THE FEDERAL TRANSIT ADMINISTRATION AND ALL APPLICABLE FEDERAL

AND STATE LAW. and compliant with the requirements specified

under this section, 49 U.S.C. § 5329 and the associated Federal

regulations set forth and adopted for oversight for each fixed

guideway public transportation system. The SSO Office shall

annually review and consult with each fixed guideway public

transportation system that the SSO Office oversees in the

development of the SSO program standard. The consultation under

this subsection must demonstrate , in writing, that the SSO

Office has taken each fixed guideway public transportation

system's comments, concerns and feedback under good faith

consideration in further adopting, implementing and maintaining

the SSO program standard.

and other oversight activities.--

(1) The SSO Office shall conduct risk-based inspections,

investigations, audits and other oversight activities at each

fixed guideway public transportation system.

(2) In carrying out the requirements under this

subsection, the SSO Office shall enter the facilities of each

fixed guideway public transportation system, AT REASONABLE

TIMES AND IN A REASONABLE MANNER, either physically or

virtually, to inspect infrastructure, equipment, records,

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personnel and data, including the data that the fixed

guideway public transportation system collects when

identifying and evaluating safety risks and safety events,

with or without advanced notice to the fixed guideway public

transportation system. THE SSO OFFICE SHALL BE ACCOMPANIED BY

TRAINED AND CERTIFIED EMPLOYEES OF THE FIXED GUIDEWAY PUBLIC

TRANSPORTATION SYSTEM, AS DEEMED APPROPRIATE BY THE FIXED

GUIDEWAY PUBLIC TRANSPORTATION SYSTEM, UPON ARRIVAL AT THE

LOCATION WHERE THE INSPECTION WILL BE CONDUCTED.

(3) The following shall apply:

(i) The SSO Office shall ensure that all official

personnel, including representatives or contractors,

engaged to enter onto the property of a fixed guideway

public transportation system wear appropriate safety

attire as determined in the SSO program standards.

(ii) The SSO Office shall establish rules for the

hiring and retention of official personnel in the SSO

program standard to conduct activities on its behalf,

which shall include a minimum of five (5) years of

experience in engineering, operational or safety

oversight. The SSO program standard may propose

additional training and operational experience if the SSO

Office attempts to and cannot find qualified personnel

who meet the minimum experience requirement. The rules

shall also establish requirements for safety and security

background checks, which shall certify official

personnel's access to both public and nonpublic portions

of the fixed guideway public transportation system's

infrastructure, equipment, records, personnel and data.

(iii) Official personnel of the SSO Office may not

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enter nonpublic portions of fixed guideway public

transportation system facilities or properties without an

escort designated by the subject fixed guideway public

transportation system.

(iv) (II) Official personnel of the SSO Office may

not have direct access to the networks and computer

systems of the fixed guideway public transportation

system . UNLESS AUTHORIZED BY AND IN A FORMAT DEEMED

APPROPRIATE BY THE FIXED GUIDEWAY PUBLIC TRANSPORTATION

SYSTEM. Data requested by the SSO Office and provided by

the fixed guideway public transportation system shall be

accompanied by a written certification of the data's

completeness and accuracy.

(v) To the extent that official personnel of the SSO

Office, either intentionally or negligently, cause

personal injury, property damage, a data breach or other

damage to a fixed guideway public transportation system

or a third party in the performance of their duty under

this section, the department shall be liable for all

damages.

(III) IF DEPARTMENT PERSONNEL ENGAGE IN ANY ACTS

PROVIDED FOR UNDER 42 PA.C.S. § 8522 (RELATING TO

EXCEPTIONS TO SOVEREIGN IMMUNITY), THE DEPARTMENT SHALL

BE LIABLE FOR DAMAGES AS PROVIDED FOR UNDER 42 PA.C.S.

CH. 85 (RELATING TO MATTERS AFFECTING GOVERNMENT UNITS).

THE FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEM SHALL

RETAIN ALL COMMON LAW AND STATUTORY RIGHTS AND REMEDIES

TO PURSUE CAUSES OF ACTION FOR RECOVERY OF DAMAGES THAT

MAY BE CAUSED BY DEPARTMENT CONTRACTORS.

(4) The SSO Office shall establish in the SSO program

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standard policies specifying the qualifications of

inspectors, protocol for inspecting public and nonpublic

portions of fixed guideway public transportation systems and

the secure transfer and administration of public

transportation system data.

(d) Failure to comply.--If a fixed guideway public

transportation system fails to comply with relevant safety-

related Federal and State laws and the SSO program standard, the

SSO Office may:

(1) Issue a safety directive requiring the fixed

guideway public transportation system to correct the safety

deficiency.

(2) Require the prioritization and utilization of State

funding to correct the safety deficiency.

(3) Issue temporary orders to reduce or stop service of

the fixed guideway public transportation system.

(e) Enforcement action.--In response to an imminent threat

to the safety of fixed guideway public transportation system

employees or the general public by an unacceptable hazardous

condition, the SSO Office shall issue and enforce temporary

actions or directives to the fixed guideway public

transportation system.

(f) Oversight.--

(1) The SSO Office shall oversee a fixed guideway public

transportation system's execution of security assessments and

mitigations as described in and limited to the fixed guideway

public transportation system's security and emergency

preparedness plan and in safety and security certification

processes for new capital projects being developed and

constructed by the fixed guideway public transportation

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system.

(2) The SSO Office's security oversight may not extend

beyond what is provided under paragraph (1) except to the

extent required by Federal law, regulation or directive and

may not conflict with security requirements or oversight

developed by the Transportation Security Administration under

the United States Department of Homeland Security.

(F) SECURITY AND EMERGENCY PREPAREDNESS PLAN OVERSIGHT.--THE

SSO OFFICE SHALL OVERSEE THE FIXED GUIDEWAY PUBLIC

TRANSPORTATION SYSTEM'S IMPLEMENTATION OF AND COMPLIANCE WITH

THE FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEM'S SECURITY AND

EMERGENCY PREPAREDNESS PLAN AS IT RELATES TO THE FIXED GUIDEWAY

PUBLIC TRANSPORTATION SYSTEM AND DOES NOT CONFLICT WITH OR

EXCEED SECURITY AND EMERGENCY PREPAREDNESS PLAN REQUIREMENTS

DEVELOPED AND ADMINISTERED BY THE TRANSPORTATION SECURITY

ADMINISTRATION UNDER THE UNITED STATES DEPARTMENT OF HOMELAND

SECURITY.

(G) SAFETY AND SECURITY CERTIFICATION.--THE SSO OFFICE SHALL

OVERSEE A FIXED GUIDEWAY PUBLIC TRANSPORTATION SYSTEM'S

EXECUTION OF SAFETY AND SECURITY CERTIFICATION PROCESSES FOR NEW

CAPITAL PROJECTS BEING DEVELOPED AND CONSTRUCTED FOR THE FIXED

GUIDEWAY PUBLIC TRANSPORTATION SYSTEM AND DO NOT CONFLICT WITH

OR EXCEED THE SECURITY CERTIFICATION DEVELOPED AND ADMINISTERED

BY THE TRANSPORTATION SECURITY ADMINISTRATION UNDER THE UNITED

STATES DEPARTMENT OF HOMELAND SECURITY.

(H) SSO OFFICE'S SECURITY OVERSIGHT LIMITATIONS.--THE SSO

OFFICE'S SECURITY OVERSIGHT MAY NOT EXCEED WHAT IS PROVIDED FOR

UNDER SUBSECTIONS (F) AND (G) EXCEPT TO THE EXTENT ADDITIONAL

STATE SECURITY OVERSIGHT IS REQUIRED BY FEDERAL LAW, REGULATION

OR DIRECTIVE.

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(g) (I) Confidentiality.--Data and reports generated by or

submitted to the SSO Office and not made publicly available

under this section and pertaining to security of a fixed

guideway public transportation system or its passenger

operations, are not:

(1) Subject to access under the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

(2) Discoverable or admissible as evidence in any third-

party legal action or other proceeding for damages.

(h) Appeal process.--

(1) Each fixed guideway public transportation system

shall have the right and ability to directly petition the

secretary when the fixed guideway public transportation

system disagrees with any SSO program standard update adopted

by the SSO Office or compliance or enforcement action taken

by the SSO Office. The secretary shall respond with a written

decision in response to a petition in a timely manner.

(2) Each fixed guideway public transportation system

shall have the right and ability to directly petition

Commonwealth Court to review any program update implemented

or compliance or enforcement action taken by the department

or the SSO Office that the fixed guideway public

transportation system believes was entered into in an

arbitrary or capricious manner or otherwise without adequate

support in fact or law.

(J) APPEAL PROCESS.--EACH FIXED GUIDEWAY PUBLIC

TRANSPORTATION SYSTEM SHALL HAVE THE RIGHT AND ABILITY TO

DIRECTLY PETITION TO THE DEPARTMENT WHEN THE FIXED GUIDEWAY

PUBLIC TRANSPORTATION SYSTEM DISAGREES WITH ANY SSO PROGRAM

STANDARD UPDATE ADOPTED BY THE SSO OFFICE OR COMPLIANCE OR

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ENFORCEMENT ACTION TAKEN BY THE SSO OFFICE. THE FOLLOWING APPLY:

(1) UPON PETITION, THE FIXED GUIDEWAY PUBLIC

TRANSPORTATION SYSTEM SHALL BE AFFORDED A HEARING IN

ACCORDANCE WITH 2 PA.C.S. CH. 5 SUBCH. A (RELATING TO

PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES).

(2) AFTER THE HEARING, THE DEPARTMENT SHALL RESPOND IN A

TIMELY MANNER WITH A WRITTEN DECISION IN ACCORDANCE WITH 2

PA.C.S. § 507 (RELATING TO CONTENTS AND SERVICE OF

ADJUDICATIONS).

(3) THE DECISION OF THE DEPARTMENT SHALL BE SUBJECT TO

APPEAL IN ACCORDANCE WITH 2 PA.C.S. CH. 7 SUBCH. A (RELATING

TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).

(i) (K) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Fixed guideway nonrail public transportation system." As

follows:

(1) Any of the following:

(i) Route 103 Busway operated by the transportation

authority of the metropolitan area as defined in section

1701 (relating to definitions).

(ii) Martin Luther King, Jr., East Busway operated

by the local transportation organization organized and

existing under the act of April 6, 1956 (1955 P.L.1414,

No.465), known as the Second Class County Port Authority

Act.

(iii) South Busway operated by the local

transportation organization organized and existing under

the Second Class County Port Authority Act.

(iv) West Busway operated by the local

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transportation organization organized and existing under

the Second Class County Port Authority Act.

(v) Other busways designed and constructed by the

transportation authority of the metropolitan area as

defined under section 1701 or the local transportation

organization organized and existing under the Second

Class County Port Authority Act that meet the definition

of a "bus rapid transit" system as defined by the

National Transit Database and which operates on a fixed

guideway.

(2) Any other busway project that has entered the

preliminary engineering phase.

"Fixed guideway public transportation system." Fixed

guideway nonrail public transportation systems and rail-fixed

guideway public transportation systems.

"Rail-fixed guideway public transportation system." As

follows:

(1) A fixed guideway system that:

(i) Uses rail.

(ii) Is operated for public transportation.

(iii) Is operated within this Commonwealth.

(iv) Is not subject to the jurisdiction of the

Federal Railroad Administration.

(2) Any system described under paragraph (1) that is in

the engineering or construction phase.

"Safety and security certification." A series of processes

that collectively verify the safety and security readiness

associated with a capital project.

"Security and emergency preparedness plan." A document

developed and adopted by a rail-fixed guideway public

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transportation system describing security and emergency

preparedness policies, objectives, responsibilities and

procedures.

"SSO Office." The State Safety Oversight Office established

under this section.

"SSO program standard." A document established and enforced

by the SSO Office that identifies the processes and procedures

that govern the activities of the SSO Office and includes

minimum safety standards, policies and procedures that meet , but

do not exceed, Federal requirements ARE CONSISTENT WITH, BUT

WHICH DO NOT EXCEED, THE REQUIREMENTS SET BY THE FEDERAL TRANSIT

ADMINISTRATION for fixed guideway public transportation systems

within the SSO Office's oversight jurisdiction . AND ALL

APPLICABLE FEDERAL AND STATE LAW. are consistent with and

compliant with the requirements specified under this section, 49

U.S.C. § 5329 and the associated Federal regulations set forth

and adopted for oversight for each fixed guideway public

transportation system.

Section 2. This act shall take effect immediately.

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