SENATE BILL No. 645

 

 

November 2, 2017, Introduced by Senator CASPERSON and referred to the Committee on Transportation.

 

 

     A bill to promote the safety and security of rail fixed

 

guideway public transportation systems operating within this state;

 

to designate the office of rail within the state transportation

 

department as the state safety oversight entity for this state; to

 

provide for the powers and duties of the state safety oversight

 

entity; and to provide for the enforcement of this act.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Corrective action plan" means a plan developed by a rail

 

transit agency that describes the actions that the rail transit

 

agency will take to minimize, control, correct, or eliminate risks

 

or hazards, and the schedule for taking those actions.

 

     (b) "Covered rail fixed guideway public transportation system"


means a transit system operating within this state that is subject

 

to the state safety oversight requirements under 49 CFR 659 and 49

 

CFR 674.

 

     (c) "Department" means the state transportation department.

 

     (d) "Hazard" means a real or potential condition that can

 

cause injury, illness, or death; damage to or loss of facilities,

 

equipment, rolling stock, or infrastructure of a rail fixed

 

guideway public transportation system; or damage to the

 

environment.

 

     (e) "Investigation" means a process of determining the causal

 

and contributing factors of an accident, incident, or hazard to

 

prevent recurrence and mitigate risk.

 

     (f) "Rail fixed guideway public transportation system" means a

 

fixed guideway system, including a fixed guideway system that is in

 

the process of engineering or construction, that uses rail, is

 

operated for the purpose of public transportation, is within the

 

jurisdiction of a state, and is not subject to the jurisdiction of

 

the Federal Railroad Administration. Rail fixed guideway public

 

transportation system includes, but is not limited to, a rapid

 

rail, heavy rail, light rail, monorail, trolley, streetcar,

 

inclined plane, funicular, and automated guideway system.

 

     (g) "Rail transit agency" means an entity that provides

 

services on a rail fixed guideway public transportation system.

 

     (h) "State safety oversight entity" means the office of rail

 

within the state transportation department designated under section

 

5.

 

     Sec. 3. The state safety oversight entity has the power and


duty to supervise and regulate covered rail fixed guideway public

 

transportation systems operating within this state in compliance

 

with all applicable federal laws and regulations, including, but

 

not limited to, 49 USC 5329, 49 CFR 659, and 49 CFR 674, to the

 

extent necessary to fulfill obligations under federal law,

 

including investigative, reporting, and safety standards

 

enforcement requirements.

 

     Sec. 5. (1) In accordance with Executive Order No. 2003-14,

 

the office of rail within the state transportation department is

 

designated as the state safety oversight entity as required by 49

 

USC 5329(e)(4).

 

     (2) The state safety oversight entity has all of the following

 

powers and duties, only to the extent necessary to fulfill its

 

obligations under federal law and to protect employees, patrons,

 

the general public, and physical assets:

 

     (a) Enter and inspect the property of the operator of a

 

covered rail fixed guideway public transportation system without

 

prior notice to the operator.

 

     (b) Audit a covered rail fixed guideway public transportation

 

system for compliance with federal and state laws and regulations

 

regarding the safety of rail fixed guideway public transportation

 

systems and compliance with rail transit agency rules, plans, and

 

procedures.

 

     (c) Audit a covered rail fixed guideway public transportation

 

system for compliance with federal and state laws regarding the

 

security and emergency preparedness of rail fixed guideway public

 

transportation systems and compliance with rail transit agency


rules, plans, and procedures.

 

     (d) Audit and inspect a covered rail fixed guideway public

 

transportation system for an identified hazard, occurrence, or

 

trend at the direction of the state safety oversight entity, the

 

Federal Transit Administration, or the National Transportation

 

Safety Board.

 

     (e) Investigate an accident, incident, or hazard at a covered

 

rail fixed guideway public transportation system. The state safety

 

oversight entity may conduct an investigation described in this

 

subdivision independently, may lead or conduct the investigation

 

with the participation of a rail transit agency, or may review and

 

approve investigative reports generated by a rail transit agency.

 

     (f) Require the operator of a covered rail fixed guideway

 

public transportation system to initiate a corrective action plan

 

to mitigate a hazard.

 

     (g) Direct the operator of a covered rail fixed guideway

 

public transportation system to mitigate a hazard by a specified

 

date and time.

 

     (h) Oversee the implementation of a corrective action plan by

 

a covered rail fixed guideway public transportation system and

 

provide verification or approval of completion or resolution of the

 

hazard.

 

     (i) Take action, either through an administrative hearing or

 

in a court of competent jurisdiction, to compel the operator of a

 

covered rail fixed guideway public transportation system to

 

mitigate a safety hazard or to prevent the operation of all or part

 

of a covered rail fixed guideway public transportation system that


the state safety oversight entity has determined to be unsafe.

 

     (j) Audit, review, approve, and oversee the operator of a

 

covered rail fixed guideway public transportation system for

 

compliance with a public transportation agency safety plan adopted

 

under 49 USC 5329(d).

 

     (k) Enforce the laws and rules of this state related to the

 

operation and maintenance of a covered rail fixed guideway public

 

transportation system in this state, to the extent that enforcement

 

is consistent with federal law.

 

     (l) Promulgate rules and regulations as may be necessary to

 

comply with 49 USC 5329, 49 CFR 659, 49 CFR 670, and 49 CFR 674.

 

     Sec. 7. (1) The state safety oversight entity is legally and

 

financially independent of the covered rail fixed guideway public

 

transportation systems in this state.

 

     (2) A covered rail fixed guideway public transportation system

 

shall not fund state safety oversight activities.

 

     (3) The activities of the state safety oversight entity shall

 

be governed by a conflict of interest policy.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.