Bill Text: NY A09949 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes the freight rail safety task force to review the state of freight rail safety in the state and make policy and budgetary recommendations related thereto.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-26 - referred to transportation [A09949 Detail]

Download: New_York-2023-A09949-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9949

                   IN ASSEMBLY

                                     April 26, 2024
                                       ___________

        Introduced by M. of A. EACHUS -- read once and referred to the Committee
          on Transportation

        AN ACT in relation to establishing a freight rail safety task force; and
          providing for the repeal of such provisions upon expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. 1. There is hereby established the freight rail safety task
     2  force. The purpose of such task force is to review the state of  freight
     3  rail  safety  in the state and make policy and budgetary recommendations
     4  related thereto.
     5    2. The freight rail safety task force shall consist of 11  members  as
     6  follows:  the  commissioner  of  transportation  or  their designee, two
     7  members appointed by the temporary president of the senate,  one  member
     8  appointed by the minority leader of the senate, two members appointed by
     9  the speaker of the assembly, one member appointed by the minority leader
    10  of the assembly, and four members appointed by the governor.
    11    3.  The  commissioner  of  transportation  shall  be designated as the
    12  chairperson of the freight rail safety task force. The  members  of  the
    13  freight  rail safety task force shall serve without compensation, except
    14  that members shall  be  allowed  their  necessary  and  actual  expenses
    15  incurred in the performance of their duties under this act.
    16    4.  The  task  force  shall  be authorized to hold public hearings and
    17  meetings, and to consult with any organization, educational institution,
    18  or other government entity or person, to enable  it  to  accomplish  its
    19  duties.  Such  task  force shall hold at least one public hearing in the
    20  state for the purpose of soliciting public comment on freight rail safe-
    21  ty.
    22    5. To effectuate the purposes of this act, the task force may  request
    23  and  shall receive from any department, division, board, bureau, commis-
    24  sion, or other agency of the state or any state  public  authority  such
    25  assistance, information, and data as will enable the task force to prop-
    26  erly carry out its powers and duties hereunder.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10799-02-3
        A. 9949                             2

     1    6. The task force shall undertake a review of the actions and measures
     2  that  are  needed  to  ensure  safe,  adequate,  efficient, and reliable
     3  freight rail transportation and make recommendations regarding:
     4    a. enhanced coordination between the federal, state, and local regula-
     5  tors  and  officials  regarding  freight  rail regulations, including an
     6  examination into how the relevant state  agencies  can  share  necessary
     7  information  related  to freight rail trains and their operators includ-
     8  ing, but not limited to, inspection status,  registration  status,  heat
     9  safety  gauge  and other real-time safety information, safety plans, and
    10  other metrics that can help prevent catastrophic incidents;
    11    b. the establishment and adoption of a uniform safety training program
    12  for department of transportation engineers and local regulators;
    13    c. a review of federal laws and rules as they relate to the regulation
    14  of freight rail operations and operators, including but not limited  to,
    15  identification  of  the  subject areas specifically regulated by federal
    16  laws and rules, whether and to what extent such federal laws  and  rules
    17  preempt  state  action  with  respect  to the regulation of freight rail
    18  safety, and areas of freight rail safety regulation which are subject to
    19  oversight by the state; and
    20    d. the need for additional freight rail safety measures.
    21    7. The freight rail safety task force shall  issue  a  report  of  its
    22  findings and recommendations to the governor, the temporary president of
    23  the senate, and the speaker of the assembly no later than one year after
    24  the effective date of this act.
    25    §  2.  This  act shall take effect immediately and shall expire and be
    26  deemed repealed two years after such date.