NY State Senate Bill 2021-S4990

Senate Bill S4990

2021-2022 Legislative Session

Authorizes cities to request that railroad corporations perform railroad crossing, bridge and right of ways maintenance

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Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Feb 22, 2021	referred to transportation

co-Sponsors

2021-S4990 (ACTIVE) - Details

See Assembly Version of this Bill:: A8087
Current Committee:: Senate Transportation
Law Section:: General City Law
Laws Affected:: Add §21-g, Gen City L; add §29, Rail L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8405
2023-2024: S4182, A3537

2021-S4990 (ACTIVE) - Summary

Authorizes cities to request that railroad corporations perform railroad crossing, bridge and right of ways maintenance and to perform such maintenance if the corporation fails to do so.

2021-S4990 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4990

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 2l-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,
includeing 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 corpo-
ration 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:

2020: S.8405 - Referred to Cities

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S4990 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4990
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  city law is amended by adding a new section
 21-g to read as follows:
   § 21-G. RAILROAD BRIDGE AND RIGHT OF WAYS  MAINTENANCE.  1.  ANY  CITY
 THROUGH  WHICH  A RAILROAD ROUTE, AS DESCRIBED IN SECTION SIXTEEN OF THE
 RAILROAD LAW, 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, INCLUDING BUT NOT LIMITED TO, THE PAINT-
 ING, CLEANING, REPAIRING, OR LIGHTING OF SUCH BRIDGES, AND/OR THE CLEAN-
 ING, GRADING,  RESURFACING,  CUTTING  OR  REMOVAL  OF  TREES,  BRUSH  OR
 FOLIAGE, AND/OR OTHER MAINTENANCE OF SUCH RIGHT OF WAYS.
   2.  ANY  REQUEST  MADE BY A CITY IN ACCORDANCE WITH SUBDIVISION ONE OF
 THIS SECTION, MUST SPECIFY WITH PARTICULARITY, THE MAINTENANCE THAT  THE
 CITY  IS  REQUESTING  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.
   3.  IF,  AFTER  NINETY  DAYS OF A REQUEST MADE BY A CITY IN ACCORDANCE
 WITH SUBDIVISION ONE OF THIS SECTION, THE RAILROAD CORPORATION  HAS  NOT
 COMPLETELY  COMPLIED  WITH  THE  REQUEST,  THEN  THE  CITY THAT MADE THE
 REQUEST, MAY NOTIFY THE  RAILROAD  CORPORATION  THAT  IF  SUCH  RAILROAD
 CORPORATION DOES NOT COMPLETELY PERFORM THE REQUESTED MAINTENANCE WITHIN
 THIRTY  DAYS,  THAT SUCH CITY WILL PERFORM, OR CONTRACT TO PERFORM, SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06951-01-1

 S. 4990                             2
 
 MAINTENANCE ON BEHALF OF, AND AT THE EXPENSE OF,  SUCH  RAILROAD  CORPO-
 RATION.
   4.  IF,  AFTER THIRTY DAYS OF A NOTIFICATION MADE BY A CITY IN ACCORD-
 ANCE WITH SUBDIVISION THREE OF THIS SECTION,  THE  RAILROAD  CORPORATION
 FAILS  TO COMPLETELY COMPLY WITH THE REQUEST MADE BY THE CITY IN ACCORD-
 ANCE WITH SUBDIVISION ONE OF THIS SECTION, THEN  THE  CITY  MAKING  SUCH
 REQUEST  AND  PROVIDING SUCH NOTICE, MAY PERFORM, OR CONTRACT TO PERFORM
 THE REQUESTED MAINTENANCE ON BEHALF OF, AND  AT  THE  EXPENSE  OF,  SUCH
 RAILROAD CORPORATION.
   5. A RAILROAD CORPORATION, THAT HAS NOT COMPLIED WITH THE REQUEST MADE
 IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION, AND HAS NOT COMPLIED
 WITH A NOTICE MADE IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION,
 SHALL  BE  DEEMED  TO HAVE AUTHORIZED AND GRANTED PERMISSION TO THE CITY
 MAKING SUCH REQUEST AND PROVIDING SUCH NOTICE, AND/OR TO THE CONTRACTORS
 OF THE CITY MAKING SUCH REQUEST AND PROVIDING SUCH NOTICE, TO ENTER  AND
 REMAIN  UPON THE PROPERTY OF THE RAILROAD CORPORATION FOR THE PURPOSE OF
 PROVIDING SUCH REQUESTED MAINTENANCE.   DURING THE  PERFORMANCE  OF  THE
 REQUESTED  MAINTENANCE  BY  THE  CITY  MAKING SUCH REQUEST, AND/OR THEIR
 CONTRACTOR, THE  RAILROAD  CORPORATION  SHALL  PROVIDE  ALL  COOPERATION
 NECESSARY,  INCLUDING  THE PROVISION OF THE NOTIFICATION OF TRAIN SCHED-
 ULES, THE NECESSARY STOPPAGE OR REDUCTION OF SPEED OF TRAINS, THE NECES-
 SARY ACCESS TO ANY BRIDGES AND/OR RIGHT OF WAYS INVOLVED, AND ANY  OTHER
 ASSISTANCE  OR  COOPERATION  THAT  IS NECESSARY TO COMPLETE SUCH MAINTE-
 NANCE.
   6. UPON THE COMPLETION OF THE MAINTENANCE IN ACCORDANCE WITH  SUBDIVI-
 SION  FIVE  OF  THIS SECTION, 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. SUCH
 INVOICE 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.  UPON
 RECEIPT  OF  THE  INVOICE  DESCRIBED  IN  THIS SUBDIVISION, THE RAILROAD
 CORPORATION SHALL REMIT FULL PAYMENT TO  THE  CITY  THAT  PERFORMED,  OR
 CONTRACTED  FOR  THE PERFORMANCE OF, SUCH REQUESTED MAINTENANCE. IF SUCH
 RAILROAD CORPORATION FAILS TO FULLY PAY THE INVOICE WITHIN SIXTY DAYS OF
 ITS RECEIPT, THE CITY MAY IMPOSE A LIEN FOR THE AMOUNT  OF  THE  INVOICE
 UPON THE REAL PROPERTY OF THE RAILROAD, RESIDING WITHIN SUCH CITY.
   § 2. The railroad law is amended by adding a new section 29 to read as
 follows:
   §  29.  RAILROAD BRIDGE AND RIGHT OF WAYS MAINTENANCE. 1. ANY RAILROAD
 CORPORATION THAT HAS BEEN PROVIDED A REQUEST, IN ACCORDANCE WITH  SUBDI-
 VISION  ONE  OF  SECTION  TWENTY-ONE-G  OF THE GENERAL CITY LAW, FOR THE
 PERFORMANCE OF MAINTENANCE ON A BRIDGE OR RIGHT OF WAYS  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.
   2.  ANY  CITY THAT DOES NOT RECEIVE REASONABLE COMPLIANCE AND ACCOMMO-
 DATION FROM A RAILROAD CORPORATION, PURSUANT TO THIS SECTION OR PURSUANT
 TO SECTION TWENTY-ONE-G OF THE GENERAL CITY LAW, MAY MAKE AN APPLICATION
 TO THE  SUPREME  COURT  FOR  THREE  TIMES  ANY  DAMAGES  SUCH  CITY  HAS
 SUSTAINED,  AS  THE  RESULT  OF THE RAILROAD CORPORATION'S FAILURE TO SO
 COMPLY OR ACCOMMODATE.
   3. ANY RAILROAD CORPORATION THAT  HAS  BEEN  PROVIDED  A  REQUEST,  IN
 ACCORDANCE  WITH  SUBDIVISION ONE OF SECTION TWENTY-ONE-G OF THE GENERAL

 S. 4990                             3

 CITY LAW, FOR THE PERFORMANCE OF MAINTENANCE ON A  BRIDGE  OR  RIGHT  OF
 WAYS  OWNED BY SUCH RAILROAD CORPORATION, MAY MAKE AN APPLICATION TO THE
 SUPREME COURT, SEEKING A TEMPORARY OR LIMITED STAY  OR  MODIFICATION  OF
 SUCH  REQUEST,  IN  THE INTERESTS OF JUSTICE, AND UPON GOOD CAUSE DEMON-
 STRATING AS TO WHY SUCH REQUEST CANNOT BE COMPLIED WITH OR  ACCOMMODATED
 BY THE RAILROAD CORPORATION.
   § 3. This act shall take effect immediately.

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Senate Bill S4990

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Sponsored By

Andrew J. Lanza