Bill Text: MI SB0645 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Transportation; other; state safety oversight entity; create to oversee covered rail fixed guideway public transportation systems. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-03-15 - Assigned Pa 0063'18 With Immediate Effect [SB0645 Detail]
Download: Michigan-2017-SB0645-Introduced.html
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.
