State of Illinois
92nd General Assembly

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SB2215 Enrolled                                LRB9213232LDfg

 1        AN ACT to re-enact the Bi-State Transit Safety Act.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1. Short title.  This Act may  be  cited  as  the
 5    Bi-State Transit Safety Act.

 6        Section 5. Definitions.  As used in this Act:
 7        "Accident"  means any event involving the revenue service
 8    operation of a rail fixed guideway system if as a result:
 9             (1)  an individual dies;
10             (2)  an  individual  suffers   bodily   injury   and
11        immediately  receives  medical  treatment  away  from the
12        scene of the accident; or
13             (3)  a  collision,  derailment,   or   fire   causes
14        property damage in excess of $100,000.
15        "APTA  Guidelines"  means  the  American  Public  Transit
16    Association's  "Manual  for  the  Development of Rail Transit
17    System Safety Program Plans", published on August 20, 1991.
18        "FTA" means the Federal Transit Administration, an agency
19    within the U.S. Department of Transportation.
20        "Hazardous condition" means a condition that may endanger
21    human life or property.  It includes  unacceptable  hazardous
22    conditions.
23        "Investigation" means a process to determine the probable
24    cause  of an accident or an unacceptable hazardous condition;
25    it may involve no more than a  review  and  approval  of  the
26    transit  agency's  determination  of the probable cause of an
27    accident or unacceptable hazardous condition.
28        "Rail fixed guideway system" means any light,  heavy,  or
29    rapid  rail  system,  monorail,  inclined  plane,  funicular,
30    trolley, or automated guideway that is:
31             (1)  included   in   FTA's   calculation  for  fixed
SB2215 Enrolled             -2-                LRB9213232LDfg
 1        guideway route miles  or  receives  funding  under  FTA's
 2        formula program for urbanized areas; and
 3             (2)  not   regulated   by   the   Federal   Railroad
 4        Administration.
 5        "Revenue service operation" means an operation outside of
 6    a rail yard.
 7        "System  safety program plan" means a document adopted by
 8    the transit agency detailing its safety policies, objectives,
 9    responsibilities, and procedures.
10        "System  safety  program  standard"  means  the  standard
11    developed and adopted by the State oversight agency which, at
12    a minimum, complies with the APTA  Guidelines,  requires  the
13    immediate  notification  of  appropriate  Illinois  emergency
14    service agencies in the event of an accident in Illinois, and
15    which addresses personal security.
16        "Transit  agency"  means an entity operating a rail fixed
17    guideway system.
18        "Unacceptable  hazardous  condition"  means  a  hazardous
19    condition  determined  to  be   an   unacceptable   hazardous
20    condition   using  the  APTA  Guidelines'  Hazard  Resolution
21    Matrix.

22        Section 10.  Powers.   In  further  effectuation  of  the
23    Bi-State   Development  Compact  Act  creating  the  Bi-State
24    Development Agency, the State of Illinois  hereby  authorizes
25    the  St.  Clair  County  Transit  District  to  exercise  the
26    following powers:
27             (1)  To  regulate  the safety of rail fixed guideway
28        systems and the personal security of the  passengers  and
29        employees  of the Bi-State Development Agency located and
30        operated within the boundaries of the State of  Illinois,
31        in a manner consistent with "Rail Fixed Guideway Systems;
32        State Safety Oversight", 49 CFR Part 659.
33             (2)  To  develop,  adopt,  and  implement  a  system
SB2215 Enrolled             -3-                LRB9213232LDfg
 1        safety    program   standard   meeting   the   compliance
 2        requirements prescribed in Sections 659.31 and 659.33  of
 3        "Rail Fixed Guideway Systems; State Safety Oversight".
 4             (3)  To  require  the Bi-State Development Agency to
 5        report accidents and unacceptable hazardous conditions to
 6        the St. Clair County Transit District within a period  of
 7        time  specified  by the St. Clair County Transit District
 8        as required by Section 659.39  of  "Rail  Fixed  Guideway
 9        Systems; State Safety Oversight".
10             (4)  To    establish   procedures   to   investigate
11        accidents  and  unacceptable  hazardous   conditions   as
12        required  by  Section  659.41  of  "Rail  Fixed  Guideway
13        Systems; State Safety Oversight".
14             (5)  To  direct  the  Bi-State Development Agency to
15        minimize, control, correct, or eliminate any investigated
16        hazardous condition within a period of time specified  by
17        the  St.  Clair  County  Transit  District as required by
18        Section 659.43 of "Rail  Fixed  Guideway  Systems;  State
19        Safety Oversight".
20             (6)  To  perform  all other necessary and incidental
21        functions related to its effectuation of this Act and  as
22        mandated  by  "Rail  Fixed Guideway Systems; State Safety
23        Oversight".

24        Section 15.  Confidentiality  of  investigation  reports.
25    The  security  portion  of  the  system  safety program plan,
26    investigation reports, surveys,  schedules,  lists,  or  data
27    compiled,  collected, or prepared by the Bi-State Development
28    Agency or the St. Clair County Transit  District  under  this
29    Act  shall  not  be  subject  to  discovery  or admitted into
30    evidence in federal or State court or  considered  for  other
31    purposes  in  any  civil  action for damages arising from any
32    matter mentioned or addressed in such plan, reports, surveys,
33    schedules, lists, or data.
SB2215 Enrolled             -4-                LRB9213232LDfg
 1        Section 20. Right to contract  for  safety  consultation.
 2    The St. Clair County Transit District may contract for safety
 3    consultation  under  the  St.  Clair County District's duties
 4    created by this Act.   The  St.  Clair  County  District  may
 5    assess  the  Bi-State  Development Agency for its expenses in
 6    administering the Act.

 7        Section 25. Jurisdiction.  The jurisdiction  of  the  St.
 8    Clair  County  Transit  District  under  this  Act  shall  be
 9    exclusive,  except  to  the  extent  that its jurisdiction is
10    preempted by federal statute, regulation, or order.

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.

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