(c)
(1)In this subsection—
(A)the term “local governmental authority”—
(i)has the same meaning given that term by section 5302 of this title; and
(ii)includes a person or entity that contracts with the local governmental authority to provide transportation services; and
(B)the term “public transportation” means transportation services described in section 5302 of this title that are provided by rail.
(2)Except as provided in paragraph (3), the Board does not have jurisdiction under this part over—
(A)public transportation provided by a local government authority; or
(B)a solid waste rail transfer facility as defined in section 10908 of this title, except as provided under sections 10908 and 10909 of this title.
(3)
(A)Notwithstanding paragraph (2) of this subsection, a local governmental authority, described in paragraph (2), is subject to applicable laws of the United States related to—
(i)safety;
(ii)the representation of employees for collective bargaining; and
(iii)employment, retirement, annuity, and unemployment systems or other provisions related to dealings between employees and employers.
(B)The Board has jurisdiction under sections 11102 and 11103 of this title over transportation provided by a local governmental authority only if the Board finds that such governmental authority meets all of the standards and requirements for being a rail carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission that were in effect immediately before January 1, 1996. The enactment of the ICC Termination Act of 1995 shall neither expand nor contract coverage of employees and employers by the Railway Labor Act, the Railroad Retirement Act of 1974, the Railroad Retirement Tax Act, and the Railroad Unemployment Insurance Act.
United States Government work; public domain under 17 U.S.C. § 105.