Senate Bill S9406

2023-2024 Legislative Session

Requires the department of transportation to promulgate rules and regulations for the installation of heat safety gauges on freight rail tracks, and requires the installation of positive train control systems

download bill text pdf

Sponsored By

Current 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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2023-S9406 (ACTIVE) - Details

Current Committee:
Senate Transportation
Law Section:
Transportation Law
Laws Affected:
Amd §14, Transp L; add §77-d, Rail L

2023-S9406 (ACTIVE) - Summary

Requires the department of transportation to promulgate rules and regulations for the installation of heat safety gauges or hot bearing detectors on freight rail tracks in the state; requires the installation of positive train control systems on all freight trains operated within the state.

2023-S9406 (ACTIVE) - Sponsor Memo

2023-S9406 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9406
 
                             I N  S E N A T E
 
                               May 15, 2024
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the transportation law, in  relation  to  requiring  the
   department  of  transportation to promulgate rules and regulations for
   the installation of heat safety gauges on freight rail tracks; and  to
   amend  the  railroad law, in relation to requiring the installation of
   positive train control systems on all freight rail trains operating in
   the state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 14 of the transportation law is amended by adding a
 new subdivision 37 to read as follows:
   37.  (A)  TO  PROMULGATE RULES AND REGULATIONS REQUIRING EVERY FREIGHT
 RAILROAD CORPORATION INCORPORATED PURSUANT TO THE PROVISIONS OF  SECTION
 FIVE  OF  THE  RAILROAD LAW TO INSTALL HEAT SAFETY GAUGES OR HOT BEARING
 DETECTORS ON ALL FREIGHT RAIL TRACKS WITHIN THE STATE OPERATED  BY  SUCH
 CORPORATION  IN  ACCORDANCE  WITH NATIONAL BEST PRACTICES, BUT IN INCRE-
 MENTS OF NO GREATER THAN FIFTEEN  MILES.  PROVIDED,  ADDITIONALLY,  THAT
 SUCH  GAUGES OR DETECTORS SHALL BE INSTALLED IN LOCATIONS BEFORE A ROUTE
 SERVES MAJOR URBANIZED AREAS. SUCH  RULES  AND  REGULATIONS  SHALL  ALSO
 PRESCRIBE  A  PROCESS FOR IMMEDIATELY NOTIFYING THE COMMISSIONER AND THE
 FEDERAL RAILROAD ADMINISTRATION IF SUCH A GAUGE  OR  DETECTOR  INDICATES
 THAT  TEMPERATURE  DIFFERENCES  BETWEEN  BEARINGS  ON  THE SAME AXLE ARE
 GREATER THAN OR EQUAL TO ONE HUNDRED FIFTEEN DEGREES FAHRENHEIT.
   (B) WITHIN ONE YEAR OF THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,  THE
 DEPARTMENT  SHALL  CONDUCT  A  STUDY  ON THE BENEFITS OF INSTALLING HEAT
 SAFETY GAUGES OR HOT BEARING DETECTORS AT CLOSER INTERVALS IN MORE POPU-
 LATED AREAS, AND SHALL UPDATE  THE  RULES  AND  REGULATIONS  PROMULGATED
 PURSUANT TO THIS SUBDIVISION BASED UPON THE RESULTS OF SUCH STUDY.
   §  2. The railroad law is amended by adding a new section 77-d to read
 as follows:
   § 77-D. POSITIVE TRAIN CONTROL SYSTEMS. (A) NO FREIGHT TRAIN SHALL  BE
 OPERATED  WITHIN THE STATE WITHOUT A PROPERLY FUNCTIONING POSITIVE TRAIN
 CONTROL SYSTEM. THE COMMISSIONER SHALL PROMULGATE ALL  RULES  AND  REGU-
 LATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
   (B)  WHENEVER  THE  COMMISSIONER  OF  TRANSPORTATION SHALL CAUSE TO BE
 PERSONALLY SERVED UPON ANY RAILROAD CORPORATION CONTROLLING  ANY  TUNNEL
              

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