(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 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. 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.
(c) Risk-based inspections, investigations, audits, testing 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, 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) 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.
(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 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) 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.
(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.
(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 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).
(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 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 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 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.