S1246B1693A04849 NAD:MAC 06/10/24 #90 A04849
AMENDMENTS TO SENATE BILL NO. 1246
Sponsor: SENATOR LANGERHOLC
Printer's No. 1693
Amend Bill, page 2, line 5, by inserting after "standard"
in a manner that meets, but does not exceed, Federal
requirements
Amend Bill, page 2, line 9, by inserting after "demonstrate"
, in writing,
Amend Bill, page 2, by inserting between lines 27 and 28
(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) The SSO Office shall establish rules for the
hiring and retention of official personnel in the SSO
program standard to conduct activities on its behalf,
which shall include a minimum of five (5) years of
experience in engineering, operational or safety
oversight. 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.
(iv) Official personnel of the SSO Office may not
have direct access to the networks and computer systems
of the fixed guideway public transportation system. Data
requested by the SSO Office and provided by the fixed
guideway public transportation system shall be
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accompanied by a written certification of the data's
completeness and accuracy.
(v) To the extent that official personnel of 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 the performance of their duty under
this section, the department shall be liable for all
damages.
Amend Bill, page 2, line 28, by striking out "(3)" and
inserting
(4)
Amend Bill, page 3, lines 21 through 30; page 4, line 1; by
striking out all of said lines on said pages and inserting
(f) Oversight.--
(1) The SSO Office shall oversee a fixed guideway public
transportation system's execution of security assessments and
mitigations as described in and limited to 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.
(2) The SSO Office's security oversight may not extend
beyond what is provided under paragraph (1) except to the
extent required by Federal law, regulation or directive and
may not conflict with security requirements or oversight
developed by the Transportation Security Administration under
the United States Department of Homeland Security.
Amend Bill, page 4, lines 4 and 5, by striking out "rail-
fixed guideway " and inserting
fixed guideway
Amend Bill, page 4, line 9, by inserting after "any"
third-party
Amend Bill, page 4, by inserting between lines 10 and 11
(h) Appeal process.--
(1) Each fixed guideway public transportation system
shall have the right and ability to directly petition the
secretary 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 secretary shall respond with a written
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decision in response to a petition in a timely manner.
(2) Each fixed 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 believes was entered into in an
arbitrary or capricious manner or otherwise without adequate
support in fact or law.
Amend Bill, page 4, line 11, by striking out "(h)" and
inserting
(i)
Amend Bill, page 6, line 7, by inserting after "meet"
, but do not exceed,
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