NY State Senate Bill 2023-S9406

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

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2024	referred to transportation

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

                                 
BILL NUMBER: S9406

SPONSOR: HINCHEY
 
TITLE OF BILL:

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

 
PURPOSE:

This bill requires that the department of transportation promulgate
rules and regulations for the installation of heat safety gauges on
freight rail tracks and requires the installation of positive train
control systems on all freight rail trains operating in the state.

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 14 of the transportation law by adding a new
subdivision 37, which establishes that the Department of. Transportation

must promulgate rules and regulations requiring every railroad corpo-
ration to install heat safety gauges on all freight rail within New York
State and operated by such corporation in accordance with national best
practices. Heat safety gauges must be installed in increments of no
greater than fifteen miles, with installation occurring prior to serving
a route of a major urbanized area.

Section one further establishes that the department must prescribe a
process for railroad corporations to immediately notify the commissioner
and the federal railroad administration if a gauge indicates an unsafe
temperature. The department shall conduct a study on, the benefits of
installing heat safety gauges at closer intervals in more populated
areas and shall update the aforementioned rules and regulations based
upon the results of this study.

Section 2. Amends section 77-d of the railroad law to prohibit any
freight train from operating within the state without a properly func-
tioning positive train control system and provides that the commissioner
shall promulgate all rules and regulations necessary for the implementa-
tion of this section. Further, should the Commissioner of Transportation
find certain deficiencies or failures related to an improperly function-
ing positive train control system, the corporation must conduct repairs
within ten days of being notified by the Department Failure to comply
may result in court action by the Department with the possibility of
indictment on misdemeanor charges and fines.

 
JUSTIFICATION:

The freight train derailment in East Palestine, Ohio, was a result of
trackside safety detectors failing to provide warning about a dangerous-
ly hot bearing. According to the Norfolk Southern Railway Train Derail-
ment (NTSB) Preliminary Report, the train passed three detectors leading
up to the derailment. The first two detectors, spaced 10 miles apart,
registered elevated temperatures that weren't high enough to sound an
alert or require the crew to take immediate action. The train didn't
cross the third detector for another 20 miles, at which point one of the

bearings had reached 253 degrees above the surrounding air and was
already failing.

The Federal Railroad Administration (FRA) has since issued a formal
safety advisory urging railroads to improve their use of trackside safe-
ty detectors, which detect infrared emissions from bearings on the axles
of freight train cars, measuring their temperature and comparing it to
the surrounding air. In addition to warning crews as trains pass over,
they also send data to a central help desk.

This legislation mandates that the Department of Transportation (DOT)
implement rules and regulations requiring every railroad corporation to
install heat safety gauges on all freight rail tracks within the state
at safe increments that are in line with national best practices and
before serving a major urbanized area. This bill also requires DOT to
develop a process for railroad corporations to notify the department and
the federal railroad administration immediately if unsafe heat levels
are detected. DOT must also conduct a study on the benefits of install-
ing gauges at closer intervals in more populated areas and update the
rules and regulations based upon the results.  Lastly, the DOT Commis-
sioner must establish any rules and regulations necessary to prohibit
any freight train from operating within the state without a properly
functioning Positive Train Control (PTC) system. These systems warn
train operators of potential problems and safely bring the train to a
stop if the operator does not act.

The East Palestine derailment has highlighted the importance of addi-
tional oversight and regulations in freight rail systems. It is imper-
ative that the State take immediate action to ensure New Yorkers are
safe from any similar incidents. The requirements set forth in this
legislation will minimize the risk of freight train derailments in the
State of New York.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately; provided, however, that section two of this act shall take
effect one year after it shall have become a law. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.

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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10521-02-3
 S. 9406                             2
 
 OR PART OF A TUNNEL OR TRACK IN THIS STATE FOR THE PURPOSE OF TRANSPORT-
 ING  OR  DELIVERING  FREIGHT  FOR  COMPENSATION,  BY  DELIVERING  A COPY
 PERSONALLY TO THE PRESIDENT, GENERAL MANAGER OR  ANY  DIRECTOR  OF  SUCH
 CORPORATION OF A NOTICE OR ORDER OF SAID COMMISSIONER OF TRANSPORTATION,
 STATING   AND SPECIFYING THE DEFICIENCIES OR FAILURES CAUSING SUCH RAIL-
 ROAD CORPORATION TO BE OPERATING A  FREIGHT  TRAIN  WITHOUT  A  PROPERLY
 FUNCTIONING POSITIVE TRAIN CONTROL SYSTEM, SAID CORPORATION SHALL, WITH-
 IN TEN DAYS FROM AND AFTER THE SERVICE OF SUCH NOTICE OR ORDER AS AFORE-
 SAID,  CAUSE SAID INFRASTRUCTURE OR RIGHT OF WAY SO USED BY IT AS AFORE-
 SAID TO FUNCTION PROPERLY, IN THE MANNER AND BY THE MEANS AND USE OF THE
 MECHANICAL APPARATUS AND APPLIANCES SPECIFIED AND POINTED  OUT  IN  SAID
 NOTICE OR ORDER.
   (C) AFTER  THE  EXPIRATION  OF TEN DAYS FROM THE SERVICE OF SUCH ORDER
 OR NOTICE SPECIFIED IN THIS SECTION, AS THEREIN DIRECTED, IF SUCH CORPO-
 RATION  SHALL  NOT  HAVE  FULLY  COMPLIED WITH SUCH NOTICE OR ORDER, THE
 COMMISSIONER  OF  TRANSPORTATION  MAY  COMMENCE  AN  ACTION  OR  SPECIAL
 PROCEEDING  HEREUNDER,  OR  UNDER THE TRANSPORTATION LAW, IN THE SUPREME
 COURT FOR A JUDGMENT TO  COMPEL  SUCH  CORPORATION  OR  CORPORATIONS  SO
 NEGLECTING  OR  REFUSING TO OBEY AND COMPLY WITH SAID ORDER OR NOTICE TO
 COMPLY WITH AND OBEY SAID NOTICE OR ORDER, AND  SAID  COURT  SHALL  HAVE
 FULL  POWER  AND  AUTHORITY TO HEAR AND DETERMINE SUCH MATTER, AND AFTER
 GIVING THE CORPORATION OR CORPORATIONS PROCEEDED AGAINST AN  OPPORTUNITY
 TO  BE  HEARD  IN  ITS OR THEIR   DEFENSE, TO COMPEL SUCH CORPORATION OR
 CORPORATIONS SO PROCEEDED AGAINST TO OBEY  SUCH  ORDER  OR  NOTICE,  AND
 FORTHWITH  COMPLY  WITH  AND  CARRY  OUT THE PROVISIONS AND REQUIREMENTS
 THEREIN CONTAINED.
   (D) EVERY CORPORATION VIOLATING ANY OF THE PROVISIONS OF THIS  SECTION
 SHALL  BE  GUILTY OF A MISDEMEANOR AND MAY BE INDICTED THEREFOR, AND MAY
 BE COMPELLED TO APPEAR AND   PLEAD TO  AN  INDICTMENT  THEREFOR  IN  THE
 PERSON  OF  ITS PRESIDENT, SECRETARY, TREASURER OR ANY DIRECTOR THEREOF,
 AND A BENCH WARRANT MAY ISSUE OUT OF ANY COMPETENT COURT TO COMPEL  SUCH
 ATTENDANCE AND PLEADING, AND, UPON CONVICTION THEREOF, SUCH CORPORATIONS
 SHALL  BE  PUNISHED BY A FINE OF ONE THOUSAND DOLLARS, AND AN ADDITIONAL
 FINE OF FIVE HUNDRED DOLLARS  A DAY FOR EACH AND EVERY DAY OR PART OF  A
 DAY  AFTER THIRTY DAYS FROM THE DUE SERVICE OF SAID NOTICE OR ORDER THAT
 SAID CORPORATION SHALL REFUSE OR NEGLECT  TO  OBEY  AND  CARRY  OUT  THE
 REQUIREMENTS  AND  PROVISIONS OF THE SAME, AND DULY SENTENCED TO PAY THE
 SAME.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  two  of this act shall take effect one year after it shall have
 become a law. Provided, further, that this act shall be deemed  repealed
 if  any  federal agency determines in writing that this act would render
 New York state ineligible for the receipt of federal funds or any  court
 of  competent jurisdiction finally determines that this act would render
 New York state out of compliance with federal  law  or  regulation;  and
 provided that the commissioner of transportation shall notify the legis-
 lative  bill  drafting  commission upon such determination in order that
 the commission may maintain an accurate and timely effective  data  base
 of the official text of the laws of the state of New York in furtherance
 of  effectuating the provisions of section 44 of the legislative law and
 section 70-b of the public  officers  law.  Effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.