§ 236. Program of railroad bridge inspection. 1. Program
establishment. Notwithstanding any other provision of law to the
contrary, the commissioner is authorized and directed to establish,
implement and exercise oversight over a program of railroad bridge
inspection in conformity with the rail safety improvement act of 2008,
subchapter I of chapter 201 of part A of subtitle V of title 49 of the
United States code as such law may, from time to time, be amended and
part 237 of title 49 of the code of federal regulations as such
regulations may, from time to time, be amended, by all railroads as
defined herein which shall apply to all railroad bridges whether
publicly or privately owned.

2. Bridge inventory. Each railroad shall provide to the commissioner
an inventory of every railroad bridge either owned or used by such
railroad whether exclusively or with another railroad or railroads as
required to be maintained by part 237 of title 49 of the code of federal
regulations as such regulations may, from time to time, be amended.

3. Bridge inspection. (a) Each railroad shall develop a bridge safety
management program and submit to the department written bridge
management and inspection procedures as required to be maintained and
developed by part 237 of title 49 of the code of federal regulations as
such regulations may, from time to time, be amended.

(b) Railroad bridge inspections shall be performed by railroad bridge
inspectors in conformity with part 237 of title 49 of the code of
federal regulations as such regulations may, from time to time, be
amended. The term "railroad bridge inspectors" shall have the same
meaning as such term is defined by section 237.53 of title 49 of the
code of federal regulations as such regulations may, from time to time,
be amended.

(c) Each railroad shall conduct an inspection of every railroad bridge
located in the state for which it has inspection responsibility
consistent with part 237 of title 49 of the code of federal regulations
as such regulations may, from time to time, be amended.

(d) A copy of the inspection report for each railroad bridge shall,
consistent with part 237 of title 49 of the code of federal regulations
as such regulations may, from time to time, be amended, be maintained by
the appropriate railroad for a period of not less than two years,
provided that each copy of an underwater inspection report shall be
retained until the completion and review of the next underwater
inspection of the bridge. If requested by the department, the railroad
shall submit the inspection report within thirty business days to the
department.

(e) Not later than March fifteenth of each year, a licensed
professional engineer or other responsible officer of each railroad
shall file a certification that each bridge has been inspected in
accordance with part 237 of title 49 of the code of federal regulations
as such regulations may, from time to time, be amended, and
additionally, shall advise the commissioner of any change affecting
bridge safety which has occurred since the last certification.

(f) If, as a result of an inspection, a bridge is determined to be
unsafe, the railroad shall immediately notify the commissioner and shall
take appropriate remedial action to ensure that such structure is safe.
Upon completion of such remedial action, the railroad shall provide the
commissioner with a certification by a licensed professional engineer or
other responsible officer that the bridge is now safe for the loadings
imposed. If a railroad shall fail to take remedial action, the
commissioner may direct the railroad to take appropriate action,
including requiring the closing of the bridge. Any order of the
commissioner shall be reviewable in accordance with article
seventy-eight of the civil practice law and rules.

(g) For purposes of this section, a "licensed professional engineer"
shall mean a professional engineer who is authorized to practice
engineering under title eight of the education law.

4. Powers of the commissioner. The commissioner shall have the power
to adopt, promulgate, amend and rescind such rules and regulations,
consistent with part 237 of title 49 of the code of federal regulations
as such regulations may, from time to time, be amended, as the
commissioner deems appropriate to carry out the provisions and purposes
of this article or to enforce any standards established hereunder.
Additionally the commissioner shall be authorized to review the
inspection reports, inventories and other supporting documents, to
compel the production of any books, papers, records and documents
relevant to the railroad bridge inspection program, and to subpoena
witnesses, administer oaths and take testimony, and to maintain a civil
suit against any public or private entity to compel compliance with the
provisions of this chapter.