SB 1246 — 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.

PRIORHOUSE AMENDED PRINTER'S NOS.NO.

1693,1805 1720PRIOR PRINTER'S NO.NOS.

1693, 1720, 1780 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1246 2024 INTRODUCED BY KEARNEY, BREWSTER, COSTA, FONTANA, KANE, CAPPELLETTI AND SAVAL, JUNE 7, 2024 AS AMENDED ON SECOND CONSIDERATION, JUNEHOUSE 25,OF REPRESENTATIVES, JULY 2, 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.

(b) Program standard.--The SSO Office shall establish, adopt, administer and enforce the SSO program standard in a manner thatconsistent meets,with, but which does not exceed, the <-- requirements set by the Federal requirements.Transit Administration and all applicable Federal and State law.

<--AND CONSISTENTCOMPLIANT WITH,WITH BUT WHICH DOES NOT EXCEED, THE REQUIREMENTS SET <-- BYREQUIREMENTS THESPECIFIED FEDERALUNDER TRANSITTHIS ADMINISTRATIONSECTION, AND49 ALLU.S.C. APPLICABLE FEDERAL AND STATE LAW.

§ 5329 AND THE ASSOCIATED FEDERAL REGULATIONS SET FORTH AND ADOPTED FOR OVERSIGHT FOR 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, ATat REASONABLEreasonable <--times TIMESand ANDin INa Areasonable REASONABLEmanner, MANNER, either physically or virtually, to inspect infrastructure, equipment, records, 20240SB1246PN1805 - 2 - 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 20240SB1246PN1780 - 2 - transportation system.

THEThe SSO OFFICEOffice SHALLshall BEbe ACCOMPANIEDaccompanied BYby <--trained TRAINEDand ANDcertified CERTIFIEDemployees EMPLOYEESof OFthe THEfixed FIXEDguideway GUIDEWAYpublic PUBLICtransportation TRANSPORTATIONsystem, SYSTEM,as ASdeemed DEEMEDappropriate APPROPRIATEby BYthe THEfixed FIXEDguideway GUIDEWAYpublic PUBLICtransportation TRANSPORTATIONsystem, SYSTEM,upon UPONarrival ARRIVALat ATthe THElocation LOCATIONwhere WHEREthe THEinspection INSPECTIONwill WILLbe BEconducted. CONDUCTED.

(ii) TheOfficial SSOpersonnel Officeof shall establish rules for the <--SSO hiringOffice andmay retentionnot ofhave officialdirect personnelaccess into the SSOnetworks programand standardcomputer tosystems conductof activitiesthe onfixed itsguideway behalf,public whichtransportation shallsystem includeunless aauthorized minimumby ofand fivein (5)a yearsformat ofdeemed experienceappropriate inby engineering,the operationalfixed orguideway safetypublic oversight.transportation system.

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 enter nonpublic portions of fixed guideway public transportation system facilities or properties without an escort designated by the subject fixed guideway public transportation system.

20240SB1246PN1780 - 3 - (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.

(v)(iii) ToIf thedepartment extent that official personnel ofengage 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 theany performanceacts ofprovided theirfor duty under this42 section,Pa.C.S. the department shall be liable for all damages.

(III)§ IF8522 DEPARTMENT(relating PERSONNELto ENGAGEexceptions INto ANYsovereign ACTSimmunity), <--the PROVIDEDdepartment FORshall UNDERbe liable for damages as provided for under 42 PA.C.S.Pa.C.S.

§Ch. 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).

85The (RELATINGfixed TOguideway MATTERSpublic AFFECTINGtransportation GOVERNMENTsystem UNITS).shall 20240SB1246PN1805 - 3 - 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.

THE(4) FIXEDThe GUIDEWAYSSO PUBLICOffice TRANSPORTATIONshall SYSTEMestablish SHALLin RETAINthe ALLSSO COMMONprogram LAWstandard ANDpolicies STATUTORYspecifying RIGHTSthe ANDqualifications REMEDIESof TOinspectors, PURSUEprotocol CAUSESfor OFinspecting ACTIONpublic FORand RECOVERYnonpublic OFportions DAMAGESof THATfixed MAYguideway BEpublic CAUSEDtransportation BYsystems DEPARTMENTand CONTRACTORS.the secure transfer and administration of public transportation system data.

(4) The SSO Office shall establish in the SSO program 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 20240SB1246PN1780 - 4 - transportation system data.

(f) Oversight.--Security <--and (1)emergency Thepreparedness plan oversight.--The SSO Office shall oversee athe fixed guideway public transportation system's executionimplementation of security assessments and mitigationscompliance aswith described in and limited to the fixed guideway public transportation system's security and 20240SB1246PN1805 - 4 - emergency preparedness plan andas init safetyrelates to the fixed guideway public transportation system and securitydoes certificationnot processesconflict forwith newor capitalexceed projectssecurity beingand emergency preparedness plan requirements developed and constructedadministered by the fixedTransportation guidewaySecurity publicAdministration transportationunder system.the United States Department of Homeland Security.

(2)(g) TheSafety SSOand Office's security oversightcertification.--The maySSO notOffice extendshall beyondoversee whata isfixed providedguideway underpublic paragraphtransportation (1)system's exceptexecution toof thesafety extentand requiredsecurity bycertification Federalprocesses law,for regulationnew orcapital directiveprojects being developed and 20240SB1246PN1780constructed -for 5the -fixed mayguideway public transportation system and do not conflict with securityor requirementsexceed orthe oversightsecurity certification developed and administered by the Transportation Security Administration under the United States Department of Homeland Security.

(F)(h) SECURITYSSO ANDOffice's EMERGENCYsecurity PREPAREDNESSoversight PLANlimitations.--The OVERSIGHT.--THE <-- SSO OFFICEOffice's SHALLsecurity OVERSEEoversight THEmay FIXEDnot GUIDEWAYexceed PUBLICwhat TRANSPORTATIONis SYSTEM'Sprovided IMPLEMENTATIONfor OFunder ANDsubsections COMPLIANCE(f) WITHand THE(g) FIXEDexcept GUIDEWAYto PUBLICthe TRANSPORTATIONextent SYSTEM'Sadditional SECURITYState ANDsecurity EMERGENCYoversight PREPAREDNESSis PLANrequired ASby ITFederal RELATESlaw, TOregulation THEor FIXEDdirective. 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)(i) SAFETYConfidentiality.--Data ANDand SECURITYreports CERTIFICATION.--THEgenerated SSOby OFFICEor SHALLsubmitted OVERSEEto Athe FIXEDSSO GUIDEWAYOffice PUBLICand TRANSPORTATIONnot SYSTEM'Smade EXECUTIONpublicly OFavailable SAFETYunder ANDthis SECURITYsection CERTIFICATIONand PROCESSESpertaining FORto NEWsecurity CAPITALof PROJECTSa BEINGfixed DEVELOPEDguideway ANDpublic CONSTRUCTEDtransportation FORsystem THEor FIXEDits GUIDEWAYpassenger PUBLICoperations, TRANSPORTATIONare SYSTEMnot: 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.

(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 20240SB1246PN1780 - 6 - operations, are not:

(h)(j) Appeal process.--process.--Each <-- (1) Each fixed guideway public transportation system shall have the right and ability to 20240SB1246PN1805 - 5 - directly petition to the secretarydepartment 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 secretaryfollowing shallapply: respond with a written decision in response to a petition in a timely manner.

(2)(1) EachUpon fixedpetition, 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 believesshall wasbe enteredafforded intoa inhearing an arbitrary or capricious manner or otherwise without adequate support in factaccordance orwith law.2 Pa.C.S.

(J)Ch. 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 ENFORCEMENT ACTION TAKEN BY THE SSO OFFICE.

THE5 FOLLOWINGSubch. APPLY:

(1)A UPON(relating PETITION,to THEpractice FIXEDand GUIDEWAYprocedure PUBLICof TRANSPORTATIONCommonwealth SYSTEMagencies). SHALL BE AFFORDED A HEARING IN ACCORDANCE WITH 2 PA.C.S.

CH.(2) After the hearing, the department shall respond in a timely manner with a written decision in accordance with 2 Pa.C.S.

5§ SUBCH.507 (relating to contents and service of adjudications).

A(3) (RELATINGThe TOdecision 20240SB1246PN1780of -the 7department -shall PRACTICEbe ANDsubject PROCEDUREto OFappeal COMMONWEALTHin AGENCIES).accordance with 2 Pa.C.S.

(2)Ch. AFTER THE HEARING, THE DEPARTMENT SHALL RESPOND IN A TIMELY MANNER WITH A WRITTEN DECISION IN ACCORDANCE WITH 2 PA.C.S.

§7 507Subch. (RELATING TO CONTENTS AND SERVICE OF ADJUDICATIONS).

(3)A THE(relating DECISIONto OFjudicial THEreview DEPARTMENTof SHALLCommonwealth BEagency SUBJECTaction). TO APPEAL IN ACCORDANCE WITH 2 PA.C.S.