STATE OF NEW YORK
        ________________________________________________________________________
                                          3995
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
          tee on Corporations, Authorities and Commissions
        AN ACT to direct the metropolitan transportation authority  to  identify
          flammable  or  hazardous  materials  near above-ground and grade level
          tracks
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The metropolitan transportation authority, in consultation
     2  with the Long Island Rail Road and other  relevant  agencies,  including
     3  but  not  limited  to the New York city department of transportation and
     4  the state department of transportation, shall conduct a study to examine
     5  the industrial areas located under above-ground LIRR tracks and adjacent
     6  to grade level tracks to identify unsafe and  flammable  materials  that
     7  are exposed to commuter operations.
     8    § 2. For purposes of this act:
     9    (a) "LIRR" shall mean the Long Island Rail Road; and
    10    (b)  "grade  level" shall mean where a track intersects with a highway
    11  on the same level as the highway.
    12    § 3. Such study shall include, but not be limited to:
    13    (a) an inspection of the industrial areas located  under  above-ground
    14  LIRR  tracks and adjacent to grade level tracks for the purpose of iden-
    15  tifying materials that may be hazardous or flammable. The size  of  such
    16  area  of  inspection shall be determined by the metropolitan transporta-
    17  tion authority;
    18    (b) an analysis of potential methods for removal of the  hazardous  or
    19  flammable materials, if such materials are identified;
    20    (c) an analysis of the cost and economic impact of removing such mate-
    21  rials;
    22    (d) recommendations on how to maintain areas below or adjacent to such
    23  tracks to keep them free from hazardous or flammable materials; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06259-01-9

        A. 3995                             2
     1    (e) any other issues related to the safety of such areas as determined
     2  by the chairman of the metropolitan transportation authority.
     3    §  4.  All  departments, divisions, bureaus, commissions, districts or
     4  agencies of the state or any political subdivisions  thereof  shall,  at
     5  the  request of the chairman of the metropolitan transportation authori-
     6  ty, provide the authority with facilities, assistance and data that will
     7  enable the authority to carry out its powers and duties under this act.
     8    § 5. Within one hundred twenty days after the effective date  of  this
     9  act,  the  chairman  of  the metropolitan transportation authority shall
    10  submit a written report to the  governor,  temporary  president  of  the
    11  senate,  speaker of the assembly and mayor of the city of New York, with
    12  the findings and recommendations of the study conducted pursuant to this
    13  act.
    14    § 6. This act shall take effect immediately.