Bill Text: NY S06935 | 2023-2024 | General Assembly | Introduced


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: Moderate Partisan Bill (Democrat 5-1)

Status: (Engrossed) 2024-03-11 - ADVANCED TO THIRD READING [S06935 Detail]

Download: New_York-2023-S06935-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6935

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 16, 2023
                                       ___________

        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed 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

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

        S. 6935                             2

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