(2) For purposes of 49 U.S.C. 5329(e), the department is designated as the state safety oversight agency to monitor compliance with the program for rail fixed guideway public transportation systems that are not subject to regulation by the Federal Railroad Administration. The state safety oversight agency and rules:

(a) Shall implement the state safety oversight program in compliance with the requirements of 49 U.S.C. 5329.

(b) Shall review, approve, oversee and enforce the implementation, by the owner and operator of a rail fixed guideway public transportation system, of the public transportation agency safety plan adopted pursuant to 49 U.S.C. 5329(d).

(c) Shall inspect, investigate and enforce the safety of rail fixed guideway public transportation systems.

(d) Shall audit rail fixed guideway public transportation systems for compliance with the public transportation agency safety plan.

(e) May investigate any hazard or risk that threatens the safety of a rail fixed guideway public transportation system.

(f) May investigate any event involving a rail fixed guideway public transportation system.

(g) May investigate any allegation of noncompliance with a transit agency safety plan.

(3) The department shall implement the state safety oversight program for rail fixed guideway public transportation systems that are not subject to regulation by the Federal Railroad Administration and that are not subject to 49 U.S.C. 5329.

(4) Unless prohibited by federal law, the department shall set an annual fee for owners and operators of rail fixed guideway public transportation systems to defray the costs of the state safety oversight program and the costs associated with department responsibilities under ORS 267.230 (2). The department shall establish by rule the manner and timing of the collection of the fee.

(5) Fees collected by the department that are in excess of the combined actual cost of the state safety oversight program and the costs associated with department responsibilities under ORS 267.230 (2) shall be refunded to owners and operators of rail fixed guideway public transportation systems within one year following the end of the fiscal year in which the department collected the excess fees. In lieu of a refund, an owner or operator of a rail fixed guideway public transportation system may choose to have the excess fees credited against the subsequent year’s fee payment. [1995 c.29 §3; 1997 c.275 §43; 2001 c.522 §11; 2015 c.489 §1; 2017 c.46 §2]