S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6935
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2023
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10799-02-3
 S. 6935                             2
              

 
 assistance, information, and data as will enable the task force to prop-
 erly carry out its powers and duties hereunder.
   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.