S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9949
 
                           I N  A S S E M B L Y
 
                              April 26, 2024
                                ___________
 
 Introduced by M. of A. EACHUS -- read once and referred 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:

   Section 1. 1. There is hereby established the freight rail safety task
 force. The purpose of such task force is to review the state of  freight
 rail  safety  in the state and make policy and budgetary recommendations
 related thereto.
   2. The freight rail safety task force shall consist of 11  members  as
 follows:  the  commissioner  of  transportation  or  their designee, two
 members appointed by the temporary president of the senate,  one  member
 appointed by the minority leader of the senate, two members appointed by
 the speaker of the assembly, one member appointed by the minority leader
 of the assembly, and four members appointed by the governor.
   3.  The  commissioner  of  transportation  shall  be designated as the
 chairperson of the freight rail safety task force. The  members  of  the
 freight  rail safety task force shall serve without compensation, except
 that members shall  be  allowed  their  necessary  and  actual  expenses
 incurred in the performance of their duties under this act.
   4.  The  task  force  shall  be authorized to hold public hearings and
 meetings, and to consult with any organization, educational institution,
 or other government entity or person, to enable  it  to  accomplish  its
 duties.  Such  task  force shall hold at least one public hearing in the
 state for the purpose of soliciting public comment on freight rail safe-
 ty.
   5. To effectuate the purposes of this act, the task force may  request
 and  shall receive from any department, division, board, bureau, commis-
 sion, or other agency of the state or any state  public  authority  such
 assistance, information, and data as will enable the task force to prop-
 erly carry out its powers and duties hereunder.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10799-02-3
 A. 9949                             2
              

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