BILL NUMBER: S8405

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the general city law and the railroad law, in relation
to authorizing cities to request that railroad corporations perform
railroad crossing, bridge and right of ways maintenance

 
PURPOSE:

This bill would amend the general city law and the railroad law, to
empower local governments to assure the performance of maintenance and
the removal of obstructions, from railroad crossings, bridges and right
of ways within their city.

 
SUMMARY OF PROVISIONS:

This bill would add a new section 21-G of the general city law to
provide:

              

-That any city, through which a railroad route passes, except a railroad
route on which trains or subways are operated by a public authority, may
make a written request of the railroad corporation that owns the tracks,
bridges and./or right of ways along such route within such city, to
perform maintenance of any and all bridges and/or right of ways, includ-
ing but not limited to, the painting, cleaning, repairing, or lighting
of such bridges, and/or the cleaning, grading, cutting and/or other
maintenance of such right of ways;

-That any such request, in accordance with the above paragraph, must
specify with particularity, the maintenance requested to be performed,
including the types of materials, processes, and equipment to be used,
together with a description of the property at which the bridge or right
of way is located;

-That, if, after 90 days of such a request, the railroad corporation has
not completely complied with the request, then the city may notify the
railroad corporation that if it does not completely perform the
requested maintenance within 3o days, that such city will perform, or
contract to perform, such maintenance on behalf of, and at the expense
of, such railroad corporation;

-That if, after 30 days of the above notification, the railroad corpo-
ration fails to completely comply with the request for maintenance, then
the city making such request, may perform, or contract to perform, the
requested maintenance on behalf of, and at the expense of, such rail-
road;

-That if a railroad corporation, has not complied with a request and
notice made in accordance with this section, then such railroad corpo-
ration shall be deemed to have authorized and granted permission to such
city, and/or to the contractors of the city, together with the authority
to enter and remain upon the property of the railroad corporation for
the purpose of providing such requested maintenance;

-That during the performance of the requested maintenance by the city,
and/or their contractor, the railroad corporation shall provide all
cooperation necessary, including the provision of the notification of
train schedules, the compliance with the necessary stoppage or reduction
of speed of trains, the necessary access to any bridges and/or right of
ways involved, and any other assistance or cooperation that is necessary
to complete such maintenance;

-That upon the completion of the maintenance in accordance with above,
the city that performed, or contracted for the performance of, such
requested maintenance, shall send an invoice of all costs and expenses
incurred by the city that performed, or contracted for the performance
of, such requested maintenance; and

-That the invoice set forth above, shall describe with particularity,
all costs, payments and expenses made and/or incurred by the city, in
the performance of such requested maintenance, including the number of
hours of labor performed, and materials, processes and equipment used to
complete the task, and upon receipt of such invoice, the railroad corpo-
ration shall remit full payment to the city that performed or contracted
for the performance of, such requested maintenance, and if such railroad
corporation fails to fully pay the invoice within 60 days of the receipt
of such invoice, the city may impose a lien for the amount of the
invoice, upon the real property of the railroad, that resides within
such city.

This bill would further add a new section 29 to the railroad law, to
provide:

-That any railroad corporation that has been provided a request for the
performance of maintenance on a bridge or right of way owned by such
railroad corporation, shall make all reasonable efforts to comply and
accommodate such request, including but not limited to performing, or
contracting for the performance of such request;

-That any city that does not receive reasonable compliance and accommo-
dation from a railroad corporation, may make an application to the
supreme court for three times any damages they have sustained, as a
result of the railroad's failure to so comply or accommodate; and

-That any railroad corporation that has been provided a request, in
accordance with section 21-G the general city law, for the performance
of maintenance on a bridge or right of way owned by such railroad corpo-
ration, may make an application to the supreme court, seeking a tempo-
rary or limited stay or modification of such request, in the interests
of justice, and upon good cause demonstrating as to why such request
cannot be complied with or accommodated by the railroad corporation.

 
JUSTIFICATION:

In recent years, a number of cities across the state have had great
difficulty persuading railroad corporations to perform maintenance on
their bridges and rights of way that run through such communities.  This
presents a serious problem, when a city expends substantial dollars to
renovate and upgrade their appearance, so as to make such attractive and
welcoming to business, visitors and the community as a whole.

To have railroads, with dilapidated, unpainted, deteriorating bridges
and rights of ways, often in the heart of a city, refuse to perform even
basic maintenance on their infrastructure, when such were most often
acquired by such railroads through the eminent domain procedures under
the railroad law, is a community detriment, without justification or
excuse.

This bill would amend the general city law and the railroad law, to
provide a mechanism where cities that have such a dilapidated railroad
bridge or right of way, can have the maintenance required on such be
performed in a timely and appropriate manner. It would further end the
current practice of the railroad simply ignoring the city's request that
such maintenance be performed, and establish both a procedure and a time
frame for appropriate responses and action.

Lastly, this bill would further provide railroads with their own mech-
anism to address unreasonable requests for maintenance made by a city,
or any request that would impose a substantial hardship upon the rail-
road. Such mechanism, placed within the railroad law, would in such
cases, allow a court to impose legal stay of such request, if and when
it finds that such is not appropriate.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.