NY State Senate Bill 2021-S5802

Senate Bill S5802

2021-2022 Legislative Session

Directs the metropolitan transportation authority to identify flammable or hazardous materials near above-ground and grade level tracks

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to transportation
Mar 18, 2021	referred to transportation

2021-S5802 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Commissions
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8177
2019-2020: S2545
2023-2024: S2658
2025-2026: S4235

2021-S5802 (ACTIVE) - Summary

Directs the metropolitan transportation authority, in conjunction with the Long Island Rail Road and the Metro-North Commuter Railroad, to identify flammable or hazardous materials near above-ground and grade level tracks and make recommendations for removal of such materials.

2021-S5802 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5802

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to direct the metropolitan transportation authority to identify
flammable or hazardous materials near above-ground and grade level
tracks

 
PURPOSE OR GENERAL IDEA OF BILL:

In the interest of public safety, this bill directs the Metropolitan
Transportation Authority (MTA), Long Island Rail Road (LIRR) and Metro-
North Commuter Railroad to study and report on flammable and/or hazard-
ous materials stored underneath their elevated tracks and at ground
level.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides a directive to the MTA, LIRR and Metro-North to
study, examine and identify flammable or hazardous materials near

above-ground and grade level tracks. Requires consultation with the
State and NYC Departments of Transportation.

Section 2: Provides definitions of "LIRR," "Metro-North" and "Grade
Level."

Section 3: Further defines the scope of the study. Including language
with respect to flexibility concerning the size of the inspection; anal-
ysis of potential methods to remove flammable and/or hazardous materi-
als; analysis of the economic impact of removal; recommendation to keep
such areas free from flammable and/or hazardous materials in the future
and other issues deemed relevant by the MTA Chair.

Section 4: Empowers the scope of the study by requiring all relevant
agencies to provide data and assistance at the request of the MTA Chair.

Section 5: Provides for the completion of a written report by the MTA
within 120 days of enactment.

Section 6: Sets effective date: immediately.

 
JUSTIFICATION:

There have been an increasing number of fires underneath and adjacent to
tracks owned by the MTA, LIRR and Metro-North. The latest example
occurred in Southeast Queens on March 16th, 2018 and was the product of
storage of lithium batteries in proximity to cardboard and accumulated
paper materials. Such storage situations present real dangers to both to
the riding public and the surrounding community.  An assessment of
flammable and/or hazardous materials both near and directly under tracks
is warranted; furthermore,' a report containing substantive analysis and
actionable steps will help the MTA/LIRR/Metro-North treasonably prevent
such incidents from occurring in the future.

 
PRIOR LEGISLATIVE HISTORY:

38177-A COMRIE No Same as

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S5802 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5802
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 18, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to direct the metropolitan transportation authority  to  identify
   flammable  or  hazardous  materials  near above-ground and grade level
   tracks

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The metropolitan transportation authority, in consultation
 with the Long Island Rail Road, the Metro-North  Commuter  Railroad  and
 other  relevant agencies, including but not limited to the New York city
 department of transportation and the state department of transportation,
 shall conduct a study to examine  the  industrial  areas  located  under
 above-ground  LIRR  and  Metro-North  tracks and adjacent to grade level
 tracks to identify unsafe and flammable materials that  are  exposed  to
 commuter operations.
   § 2. For purposes of this act:
   (a) "LIRR" shall mean the Long Island Rail Road;
   (b) "Metro-North" shall mean the Metro-North Commuter Railroad; and
   (c)  "grade  level" shall mean where a track intersects with a highway
 on the same level as the highway.
   § 3. Such study shall include, but not be limited to:
   (a) an inspection of the industrial areas located  under  above-ground
 LIRR  and  Metro-North tracks and adjacent to grade level tracks for the
 purpose of identifying materials that may be hazardous or flammable. The
 size of such area of inspection shall be determined by the  metropolitan
 transportation authority;
   (b)  an  analysis of potential methods for removal of the hazardous or
 flammable materials, if such materials are identified;
   (c) an analysis of the cost and economic impact of removing such mate-
 rials;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06680-02-1

 S. 5802                             2
 
   (d) recommendations on how to maintain areas below or adjacent to such
 tracks to keep them free from hazardous or flammable materials; and
   (e) any other issues related to the safety of such areas as determined
 by the chairman of the metropolitan transportation authority.
   §  4.  All  departments, divisions, bureaus, commissions, districts or
 agencies of the state or any political subdivisions  thereof  shall,  at
 the  request of the chairman of the metropolitan transportation authori-
 ty, provide the authority with facilities, assistance and data that will
 enable the authority to carry out its powers and duties under this act.
   § 5. Within one hundred twenty days after the effective date  of  this
 act,  the  chairman  of  the metropolitan transportation authority shall
 submit a written report to the  governor,  temporary  president  of  the
 senate,  speaker of the assembly and mayor of the city of New York, with
 the findings and recommendations of the study conducted pursuant to this
 act.
   § 6. This act shall take effect immediately.

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