S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6868
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 13, 2021
                                ___________
 
 Introduced  by M. of A. GRIFFIN -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the executive law  and  the  general  business  law,  in
   relation  to  creating  a  consumer  bill of rights regarding railroad
   passengers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraphs 14 and 15 of paragraph (a) of subdivision 3
 of section 94-a of the executive law, as added by section 21 of  part  A
 of chapter 62 of the laws of 2011, are amended and a new subparagraph 16
 is added to read as follows:
   (14)  cooperate  with  and assist consumers in class actions in proper
 cases; [and]
   (15) create an internet website or webpage pursuant to  section  three
 hundred ninety-c of the general business law[.]; AND
   (16) IN CONJUNCTION WITH THE OFFICE OF THE RAILROAD CONSUMER ADVOCATE,
 INITIATE,  INVESTIGATE,  ATTEMPT  TO RESOLVE AND, IF NECESSARY, REFER TO
 THE ATTORNEY GENERAL ANY MATTERS  OR  COMPLAINTS  RECEIVED  PURSUANT  TO
 ARTICLE FOURTEEN-A OF THE GENERAL BUSINESS LAW AS PROVIDED IN SUCH ARTI-
 CLE.
   §  2. The general business law is amended by adding a new article 14-A
 to read as follows:
                               ARTICLE 14-A
                         RAILROAD PASSENGER RIGHTS
 SECTION 251-N. DEFINITIONS.
         251-O. CONSUMER BILL OF RIGHTS REGARDING RAILROAD PASSENGERS.
         251-P. OFFICE OF THE RAILROAD CONSUMER ADVOCATE.
         251-Q. LIMITATIONS ON APPLICABILITY OF ARTICLE.
         251-R. SEVERABILITY.
   § 251-N. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00691-01-1
              

 A. 6868                             2
 
   1. "CARRIER" MEANS ANY  PARTNERSHIP,  CORPORATION  OR  OTHER  BUSINESS
 ENTITY  REGULATED  BY  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY THAT
 CONDUCTS SCHEDULED PASSENGER RAIL TRANSPORTATION.
   2. "TRAIN" MEANS ANY CONTRIVANCE FOR PASSENGER TRAVEL BY RAIL.
   3.  "RAILROAD STATION" MEANS ANY FACILITY USED BY TRAINS FOR RECEIVING
 OR DISCHARGING PASSENGERS.
   4. "DIVISION" MEANS THE CONSUMER PROTECTION DIVISION AS ESTABLISHED IN
 SECTION NINETY-FOUR-A OF THE EXECUTIVE LAW.
   § 251-O. CONSUMER BILL OF RIGHTS  REGARDING  RAILROAD  PASSENGERS.  1.
 WHENEVER  RAILROAD  PASSENGERS HAVE BOARDED A TRAIN AND ARE DELAYED MORE
 THAN THREE HOURS, THE CARRIER SHALL ENSURE THAT PASSENGERS ARE  PROVIDED
 AS NEEDED WITH:
   (A)  ELECTRIC  GENERATION SERVICE TO PROVIDE TEMPORARY POWER FOR FRESH
 AIR AND LIGHTS; AND
   (B) WASTE REMOVAL SERVICE IN ORDER TO SERVICE THE  HOLDING  TANKS  FOR
 ON-BOARD RESTROOMS.
   2. ALL CARRIERS SHALL PROVIDE CLEAR AND CONSPICUOUS NOTICE ON CONSUMER
 COMPLAINT CONTACT INFORMATION BY PROVIDING FORMS AND/OR CAUSING SIGNS TO
 BE  POSTED AT ALL SERVICE DESKS AND OTHER APPROPRIATE AREAS AS NECESSARY
 IN THEIR RESPECTIVE AREAS IN A  RAILROAD  STATION  WHICH  SHALL  CONTAIN
 INFORMATION  IN  SUCH  FORM AND MANNER AS THE RAILROAD CONSUMER ADVOCATE
 SHALL PRESCRIBE, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
   (A) A TELEPHONE NUMBER AND MAILING ADDRESS OF THE OFFICE OF THE  RAIL-
 ROAD CONSUMER ADVOCATE AND THE FEDERAL RAILROAD ADMINISTRATION;
   (B) EXPLANATIONS OF THE RIGHTS OF RAILROAD PASSENGERS; AND
   (C) BASIC INFORMATION ON THE OFFICE OF THE RAILROAD CONSUMER ADVOCATE.
   §  251-P.  OFFICE OF THE RAILROAD CONSUMER ADVOCATE. 1. THERE SHALL BE
 IN THE DIVISION AN OFFICE TO BE KNOWN AS THE OFFICE OF RAILROAD CONSUMER
 ADVOCATE.  THE SECRETARY OF STATE MAY APPOINT SUCH STAFF FOR THE  OFFICE
 AS NECESSARY AND PRESCRIBE THEIR DUTIES AND FIX THEIR COMPENSATION WITH-
 IN THE APPROPRIATION PROVIDED BY LAW.
   2.  (A)  THE  OFFICE  OF THE RAILROAD CONSUMER ADVOCATE SHALL HAVE THE
 FOLLOWING FUNCTIONS, POWERS, AND DUTIES:
   (I) TO ASSIST CUSTOMERS IN RESOLVING PROBLEMS WITH RAILROAD CARRIERS;
   (II) TO IDENTIFY AREAS IN WHICH CUSTOMERS HAVE  PROBLEMS  IN  DEALINGS
 WITH CARRIERS;
   (III)  TO PROPOSE SOLUTIONS, INCLUDING ADMINISTRATIVE CHANGES TO PRAC-
 TICES AND PROCEDURES OF THE CARRIER OR RAILROAD STATION;
   (IV) TO PRESERVE AND PROMOTE THE RIGHTS OF THE CUSTOMER;
   (V) TO PROMOTE OPEN AND DIRECT COMMUNICATIONS; AND
   (VI) IN CONJUNCTION  WITH  THE  DIVISION,  TO  INITIATE,  INVESTIGATE,
 ATTEMPT  TO  RESOLVE, AND IF NECESSARY REFER TO THE ATTORNEY GENERAL ANY
 MATTERS OR COMPLAINTS RECEIVED PURSUANT TO THIS ARTICLE.
   (B) ANY COMPLAINTS REGARDING VIOLATIONS OF SECTION TWO HUNDRED  FIFTY-
 ONE-O  OF  THIS  ARTICLE  SHALL BE FILED WITH THE OFFICE OF THE RAILROAD
 CONSUMER ADVOCATE WHO MAY, ON BEHALF OF THE DIVISION AND IN  CONJUNCTION
 WITH  OTHER  STAFF  OF  THE  DIVISION,  CONDUCT AN INVESTIGATION AND MAY
 REQUEST IN WRITING THE PRODUCTION OF DOCUMENTS AND RECORDS  AS  PART  OF
 ITS  INVESTIGATION.  IF THE PERSON UPON WHOM SUCH REQUEST WAS MADE FAILS
 TO PRODUCE THE DOCUMENTS OR RECORDS WITHIN THIRTY DAYS AFTER THE DATE OF
 THE REQUEST, THE DIVISION MAY ISSUE AND SERVE SUBPOENAS  TO  COMPEL  THE
 PRODUCTION OF SUCH DOCUMENTS AND RECORDS.  IF ANY PERSON SHALL REFUSE TO
 COMPLY WITH A SUBPOENA ISSUED UNDER THIS SECTION, THE DIVISION MAY PETI-
 TION  A COURT OF COMPETENT JURISDICTION TO ENFORCE THE SUBPOENA AND SUCH
 SANCTIONS AS THE COURT MAY DIRECT.   AFTER  COMPLETION  OF  AN  INVESTI-
 GATION, THE DIVISION SHALL EITHER: (I) DISMISS THE COMPLAINT FOLLOWING A

 A. 6868                             3
 
 DETERMINATION  THAT  NO  VIOLATION  OCCURRED;  OR  (II) DETERMINE THAT A
 VIOLATION HAS LIKELY OCCURRED AND, IF SO, SHALL ATTEMPT TO  RESOLVE  THE
 MATTER  BY  SETTLEMENT, WHICH MAY INCLUDE A MONETARY SETTLEMENT TO COVER
 THE  ORDINARY COSTS AND EXPENSES INCURRED BY THE DIVISION. IF NO SETTLE-
 MENT IS ACHIEVED, THEN THE MATTER SHALL  BE  REFERRED  TO  THE  ATTORNEY
 GENERAL FOR FURTHER PROCEEDINGS, INCLUDING, IF NECESSARY, LEGAL ACTION.
   (C)  ANY  RECORDS, DOCUMENTS, PAPERS, MAPS, BOOKS, TAPES, PHOTOGRAPHS,
 FILES, SOUND RECORDINGS OR OTHER BUSINESS MATERIAL, REGARDLESS  OF  FORM
 OR  CHARACTERISTICS, OBTAINED BY THE DIVISION PURSUANT TO SUBPOENA SHALL
 BE CONFIDENTIAL.
   (D) THE ATTORNEY GENERAL SHALL BE AUTHORIZED TO RECOVER A CIVIL PENAL-
 TY NOT TO EXCEED ONE THOUSAND DOLLARS PER VIOLATION; PROVIDED,  HOWEVER,
 THAT  FOR  A  VIOLATION OF SUBDIVISION ONE OF SECTION TWO HUNDRED FIFTY-
 ONE-O OF THIS ARTICLE THE CIVIL PENALTY SHALL NOT  EXCEED  ONE  THOUSAND
 DOLLARS  PER  PASSENGER.  ANY SUCH PENALTY SHALL TAKE INTO CONSIDERATION
 ANY COMPENSATION PAID OR OFFERED BY THE CARRIER TO PASSENGERS. THE CIVIL
 PENALTY IMPOSED PURSUANT TO THIS PARAGRAPH MAY  BE  SOUGHT  IN  A  CIVIL
 ACTION  BROUGHT BY THE ATTORNEY GENERAL IN ANY COURT OF COMPETENT JURIS-
 DICTION. IF THE ATTORNEY GENERAL PREVAILS IN A CIVIL ACTION,  THE  COURT
 MAY AWARD THE ATTORNEY GENERAL REASONABLE ATTORNEYS' FEES, AND AN AMOUNT
 EQUAL TO THE ORDINARY COSTS AND EXPENSES INCURRED BY THE DIVISION, AS IT
 DEEMS  APPROPRIATE.  IF  THE ATTORNEY GENERAL REACHES A SETTLEMENT, THIS
 SETTLEMENT SHALL INCLUDE AN AMOUNT  EQUAL  TO  THE  ORDINARY  COSTS  AND
 EXPENSES  INCURRED  BY  THE  DIVISION.  UPON THE RECEIPT OF ANY AWARD OR
 SETTLEMENT TO THE ATTORNEY GENERAL OF THE ORDINARY  COSTS  AND  EXPENSES
 INCURRED BY THE DIVISION, THE ATTORNEY GENERAL SHALL DELIVER SUCH AMOUNT
 IMMEDIATELY  TO  THE DIVISION.  "ORDINARY COSTS AND EXPENSES" SHALL MEAN
 COSTS AND EXPENSES INCURRED BY THE DIVISION AS A CONSEQUENCE OF INVESTI-
 GATION OF VIOLATIONS OF THIS ARTICLE.
   (E) THE ANNUAL REPORT PREPARED BY THE SECRETARY OF STATE  PURSUANT  TO
 SUBDIVISION  FIVE  OF  SECTION  NINETY-FOUR-A OF THE EXECUTIVE LAW SHALL
 INCLUDE A SUMMARY OF THE  ACTIVITIES  OF  THE  OFFICE  OF  THE  RAILROAD
 CONSUMER ADVOCATE. SUCH REPORT SHALL CONTAIN FULL AND SUBSTANTIVE ANALY-
 SIS, IN ADDITION TO STATISTICAL INFORMATION, AND SHALL:
   (I)  IDENTIFY THE INITIATIVES THE OFFICE OF RAILROAD CONSUMER ADVOCATE
 HAS TAKEN TO IMPROVE RAILROAD SERVICES;
   (II) CONTAIN A SUMMARY OF THE MOST  SERIOUS  PROBLEMS  ENCOUNTERED  BY
 CUSTOMERS, INCLUDING A DESCRIPTION OF THE NATURE OF SUCH PROBLEMS;
   (III) CONTAIN AN INVENTORY OF THE ITEMS DESCRIBED IN SUBPARAGRAPHS (I)
 AND  (II)  OF  THIS  PARAGRAPH  FOR  WHICH ACTION HAS BEEN TAKEN AND THE
 STATUS AND RESULTS OF SUCH ACTIONS, AND AN INVENTORY OF ITEMS FOR  WHICH
 NO ACTION HAS BEEN TAKEN, AND THE REASONS THEREFOR;
   (IV)  CONTAIN  RECOMMENDATIONS  FOR SUCH LEGISLATIVE OR ADMINISTRATIVE
 PROPOSALS AS MAY BE  APPROPRIATE  TO  RESOLVE  PROBLEMS  ENCOUNTERED  BY
 CUSTOMERS; AND
   (V)  INCLUDE  SUCH  OTHER  INFORMATION  AS  THE OFFICE OF THE RAILROAD
 CONSUMER ADVOCATE AND THE SECRETARY OF STATE MAY DEEM ADVISABLE.
   § 251-Q. LIMITATIONS ON APPLICABILITY  OF  ARTICLE.  NOTHING  IN  THIS
 ARTICLE SHALL BE CONSTRUED AS REQUIRING ANY CARRIER, RAILROAD STATION OR
 OTHER  ENTITY  TO TAKE ANY ACTION IN CONTRAVENTION OF ANY WRITTEN DIREC-
 TIVE OF THE FEDERAL RAILROAD  ADMINISTRATION  OR  OTHER  FEDERAL  AGENCY
 HAVING JURISDICTION OVER SUCH ENTITY.
   §  251-R. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
 PART OF THIS ARTICLE BE ADJUDGED BY ANY COURT OF COMPETENT  JURISDICTION
 TO  BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE
 REMAINDER HEREOF BUT SHALL BE APPLIED IN ITS OPERATION  TO  THE  CLAUSE,

 A. 6868                             4
 
 SENTENCE,  PARAGRAPH,  SECTION  OR  PART HEREOF DIRECTLY INVOLVED IN THE
 CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.  Effective  immediate-
 ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.