2023-2024 Regular Session SB 1246 PN 1693 Bill Text (HTM)

PRINTER'S NO. 1693

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

REFERRED TO TRANSPORTATION, JUNE 7, 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. 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 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, either

physically or virtually, to inspect infrastructure,

equipment, records, 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.

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

standard policies specifying the qualifications of

inspectors, protocol for inspecting public and nonpublic

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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.--The SSO Office shall oversee a fixed

guideway public transportation system's execution of security

assessments and mitigations as described in 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 system

to the extent that the oversight activities do not conflict with

requirements developed by the Transportation Security

Administration under the United States Department of Homeland

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Security.

(g) 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 rail-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 legal

action or other proceeding for damages.

(h) 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

transportation organization organized and existing under

the Second Class County Port Authority Act.

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(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

transportation system describing security and emergency

preparedness policies, objectives, responsibilities and

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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

Federal requirements for fixed guideway public transportation

systems within the SSO Office's oversight jurisdiction.

Section 2. This act shall take effect immediately.

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