§ 97-a. Commuter rail service. 1. As used in this section, unless a
different meaning clearly appears from the context, the term:

a. "Commuter rail service" shall mean any rail passenger
transportation operation where heavy rail passenger trains provide
scheduled passenger service for weekday commuters between a city or
cities and adjacent areas.

b. "Commuter rail service corridor" shall mean a railroad route which
contains one or more segments of railroad track where commuter rail
service is in operation.

c. "Private rail crossing" shall have the same meaning as such term is
defined in section ninety-seven of this article.

d. "Railroad" shall have the same meaning as such term is defined in
section ninety-seven of this article.

2. No new private rail crossings shall be established in a commuter
rail service corridor until an application has been made to and approved
by the commissioner. Whenever an application is made, the commissioner
shall conduct a hearing to determine if a private rail crossing is
justified or if an existing public or private crossing could be used to
avoid the creation of a new private rail crossing. If the commissioner
determines that a new private rail crossing is justified and is in the
best interest of the people of the state of New York, the commissioner
shall determine the manner of the crossing, whether it is to be at-grade
or grade-separated, the location, the manner of protection and the
apportionment of responsibilities and costs for the construction,
inspection and maintenance of any such private rail crossing, including
any warning devices.

3. a. In order to insure public safety, the commissioner may, if he or
she determines it appropriate, require alterations in an existing
private rail crossing, including a farm crossing, which is located in a
commuter rail service. In the event that an agreement on such
alterations cannot be reached between the railroad owning the crossing,
property owners who are directly impacted by the existing private rail
crossing and the department, the commissioner shall conduct a hearing on
the need for such alterations and whether any other alternatives are
available, including the use of an alternate route or the closure of the
private rail crossing and shall, where applicable, determine the
apportionment of responsibilities and costs for the alteration,
construction, inspection and maintenance of any such private rail
crossing, including any warning devices.

b. Public comment shall be sought on any proposed alteration or
closure which will impact public access to lands open to the public for
recreational use. Comments received from the public shall be considered
in any decision to alter or close a private rail crossing. No private
rail crossing which provides direct access to public state recreational
lands shall be closed unless the commissioner, in consultation with the
state agency with jurisdiction over such lands, finds that there is a
reasonable alternate route to such lands that maintains public access to
and the public recreational value of such lands.

4. The commissioner shall prepare and promulgate standards and
specifications for the design and protection of private rail crossings
in a commuter rail service corridor and, in consultation with the
metropolitan transportation authority, is authorized to adopt and
promulgate such rules and regulations as may be necessary to implement
the provisions of this section. Except as otherwise provided by law,
said rules and regulations shall include guidelines for the allocation
of responsibility for the costs associated with establishment of any new
private crossings pursuant to subdivision two of this section or the
closing or improvement of existing private crossings pursuant to
subdivision three of this section and shall recognize that the private
interests seeking or using a crossing shall be generally responsible for
such costs as well as all costs associated with the inspection and
maintenance of such improvements; and, that the arrangement between the
railroad and the owners or occupants of the adjoining properties shall
be formalized in an agreement.

5. The commissioner shall have the power to acquire any real property,
easements, rights-of-way or similar rights necessary for the purposes of
this article in the same manner as property is acquired for state
highway purposes pursuant to the provisions of section thirty of the
highway law.