(a) The department is designated as the agency responsible for implementing a state safety oversight program that satisfies the requirements of 49 U.S.C. § 5329(e).
(b) Unless waived under 49 U.S.C. § 5329(e), the department:
(1) shall be financially and legally independent from any rail fixed guideway public transportation system under the oversight of the department; and
(2) may not employ an individual who is also employed by a rail fixed guideway public transportation system under the oversight of the department.

(c) The department may not directly provide public transportation services in an area with a rail fixed guideway public transportation system under the oversight of the department.
(d) A public transportation entity may not provide funds to the department.