NY State Senate Bill 2023-S9407

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-S9407 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Railroad Law
Laws Affected:: Add §52-f, Rail L

2023-S9407 (ACTIVE) - Summary

Prohibits freight trains traveling on a track within the state from exceeding eight thousand five hundred feet in length; directs the commissioner of transportation to promulgate rules and regulations to establish a waiver process to permit the operation of freight trains in excess of eight thousand five hundred feet for situations as deemed appropriate by such commissioner.

2023-S9407 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9407

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the railroad law, in relation to prohibiting freight
trains in excess of eight thousand five hundred feet in length

 
PURPOSE:

Prohibits freight trains in excess of eight thousand five hundred feet
in length to minimize the risk of train derailments and danger to life
in the event of such an incident.

 
SUMMARY OF PROVISIONS:

Section 1, Amends the railroad law by adding a new section 51-b to
prohibit freight trains in excess of eight thousand five hundred feet in
length from traveling on a railroad within the state. Provides that the
commissioner shall promulgate rules and regulations to establish a waiv-
er process to permit the operation of freight trains in excess of eight
thousand five hundred feet for situations as deemed appropriate by such

commissioner.

Section 2. Effective date,

 
JUSTIFICATION:

The East Palestine derailment has highlighted a glaring need for strict-
er freight rail safety standards to reduce the risk of train derailments
and the danger it poses to the public.  According to the U.S. Government
Accountability Office (GAO), freight trains in the U.S. have been
getting longer-nearly 3 miles in some cases. This has raised concerns
that braking and other operations can be more complex for these longer
trains. Additionally, longer freight trains may block traffic more often
at road-crossings, impeding emergency responders and prompting unsafe
pedestrian behavior (such as climbing through stopped trains).

This legislation prohibits freight trains in excess of 8,500 feet in
length from traveling on a railroad within the state and allows for a
waiver process to permit the operation of freight trains in excess of
8,500 feet only for situations deemed appropriate by the Commissioner of
the Department of Transportation (DOT).

The precautions set forth in this legislation could have prevented the
worst impacts of the recent incident and can protect residents and rail
employees in the future. Iowa, Virginia, Pennsylvania, Arizona and Wash-
ington have already introduced similar legislation limiting freight
trains to 8,500 or 7,500 feet in length. New York must join this effort
to ensure the safety of our localities and the public.

 
LEGISLATIVE HISTORY:

2023: S.6925 - Passed Senate

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
On the ninetieth day after it shall have become a law.  Effective imme-
diately, 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.

2023-S9407 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9407
 
                             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 railroad law, in  relation  to  prohibiting  freight
   trains in excess of eight thousand five hundred feet in length
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The railroad law is amended by adding a new section 52-f to
 read as follows:
   § 52-F. FREIGHT TRAIN LENGTH. NO FREIGHT TRAIN TRAVELING  ON  A  TRACK
 WITHIN  THE  STATE  SHALL  EXCEED  EIGHT  THOUSAND  FIVE HUNDRED FEET IN
 LENGTH. THE COMMISSIONER IS HEREBY EMPOWERED  TO  PROMULGATE  RULES  AND
 REGULATIONS  TO  ESTABLISH  A  WAIVER PROCESS TO PERMIT THE OPERATION OF
 FREIGHT TRAINS IN EXCESS OF EIGHT THOUSAND FIVE HUNDRED FEET  FOR  SITU-
 ATIONS  WHERE  THE  COMMISSIONER DETERMINES SUCH WAIVER IS IN THE PUBLIC
 INTEREST AND UPON AN ENGINEER'S DETERMINATION  THAT  A  TRAIN  EXCEEDING
 EIGHT  THOUSAND  FIVE  HUNDRED  FEET IN LENGTH CAN OPERATE SAFELY ON THE
 PLANNED ROUTE.
   § 2.   This act shall take effect ninety  days  after  it  shall  have
 become  a law; provided, however, 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 any  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 furth-
 erance 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  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10350-04-3

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.

Senate Bill S9407

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee

2023-S9407 (ACTIVE) - Details

2023-S9407 (ACTIVE) - Summary

2023-S9407 (ACTIVE) - Sponsor Memo

2023-S9407 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9407

Share this bill

Sponsored By

Michelle Hinchey

Current Bill Status - In Senate Committee Transportation Committee

2023-S9407 (ACTIVE) - Details

2023-S9407 (ACTIVE) - Summary

2023-S9407 (ACTIVE) - Sponsor Memo

2023-S9407 (ACTIVE) - Bill Text download pdf

Comments