S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1002
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Transportation
 
 AN ACT to amend the railroad law,  in  relation  to  requiring  railroad
   corporations to inform the division of homeland security and emergency
   services,  department of environmental conservation, and department of
   transportation about freight rail trains transporting hazardous  mate-
   rials prior to traveling on tracks within the state
 
   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 109  to
 read as follows:
   § 109. TRANSPORTATION OF HAZARDOUS MATERIALS. 1. EVERY RAILROAD CORPO-
 RATION  WHICH  OPERATES  ANY FREIGHT TRAIN WITHIN THE STATE SHALL INFORM
 THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, DEPARTMENT  OF
 ENVIRONMENTAL  CONSERVATION,  AND  DEPARTMENT  OF  TRANSPORTATION  ABOUT
 FREIGHT RAIL TRAINS TRANSPORTING HAZARDOUS MATERIALS PRIOR TO  TRAVELING
 ON  TRACKS  WITHIN  THE  STATE,  AND SHALL PROMPTLY UPDATE THE HAZARDOUS
 WASTE MANIFEST. SUCH INFORMATION TO BE PROVIDED PURSUANT TO THIS SECTION
 SHALL INCLUDE THE SAME INFORMATION REQUIRED  TO  BE  PROVIDED  TO  LOCAL
 MUNICIPALITIES  PURSUANT TO PUBLIC LAW 114-94, THE FEDERAL FIXING AMERI-
 CA'S SURFACE TRANSPORTATION ACT.
   2. INFORMATION PROVIDED PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION
 SHALL BE CONFIDENTIAL AND SHALL NOT BE SUBJECT TO DISCLOSURE UNDER ARTI-
 CLE SIX OF THE PUBLIC OFFICERS LAW OR ANY OTHER PROVISION OF LAW.
   3. THE COMMISSIONERS SHALL PROMULGATE ALL RULES AND REGULATIONS NECES-
 SARY FOR THE IMPLEMENTATION OF THIS SECTION.
   §  2.  This  act shall take effect on the thirtieth day 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 repealed if any federal agency determines in writing that this act would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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01315-01-5
 A. 1002                             2
 
 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
 legislative  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
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers  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.