Bill Text: NY A10549 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to railroad bridge inspections.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-06-02 - referred to transportation [A10549 Detail]

Download: New_York-2015-A10549-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10549
                   IN ASSEMBLY
                                      June 2, 2016
                                       ___________
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Brindisi,
          Gantt) -- (at request of the Department  of  Transportation)  --  read
          once and referred to the Committee on Transportation
        AN  ACT  to  amend  the  highway  law,  in  relation  to railroad bridge
          inspections
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 236 of the highway law, as amended by chapter 455
     2  of the laws of 1998, is amended to read as follows:
     3    § 236. Program of railroad bridge inspection.  1.  Program  establish-
     4  ment.    Notwithstanding any other provision of law to the contrary, the
     5  commissioner is authorized and  directed  to  establish,  implement  and
     6  exercise  oversight  over  a  program  of  railroad bridge inspection in
     7  conformity with 49 USC § 20101 or as hereafter amended, the "Rail Safety
     8  Improvement Act of 2008" as promulgated by 49 CFR Part 237,  the  Bridge
     9  Safety  Standards,  or as hereafter amended, by all railroads as defined
    10  herein which shall apply to all railroad  bridges  whether  publicly  or
    11  privately owned.
    12    2.  Bridge inventory. [(a)] Each railroad shall provide to the commis-
    13  sioner an inventory of every railroad bridge either  owned  or  used  by
    14  such  railroad  whether  exclusively  or  with another railroad or rail-
    15  roads[. Each such inventory shall contain a statement as to  the  owner-
    16  ship  of  all  railroad  bridges listed thereon and, if not owned by the
    17  filing railroad, such railroad shall state the circumstances under which
    18  it is operating over such railroad bridges. With regard to bridges owned
    19  or maintained by the filing railroad,  such  inventory  may  be  in  the
    20  format  currently  maintained  by  each  railroad provided the inventory
    21  identifies:  (i) the owner of the railroad if different from  the  rail-
    22  road  submitting  the  inventory;  (ii)  a  description  of  each bridge
    23  reflecting the condition of the  bridge  as  determined  by  the  latest
    24  inspection  report;  and  (iii)  the maximum load for each of its lines.
    25  Each inventory submitted shall contain the following administrative data
    26  with regard to each bridge owned or maintained by the  filing  railroad:
    27  the  bridge identification number; the railroad bridge number; the rail-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14196-02-6
        A. 10549                            2

     1  road line code (if applicable); the railroad mile post; the county;  the
     2  operating railroad or railroads; other features carried (if applicable);
     3  features  intersected  description;  features intersected code; owner or
     4  owners;  maintenance  responsibilities; and inspection responsibilities.
     5  Each inventory submitted shall also contain the following  general  data
     6  with  regard  to each bridge owned or maintained by the filing railroad:
     7  the year built; the year rehabilitated; the number  of  tracks  crossing
     8  the  bridge;  the  type  of  rail  service; the number of spans; and the
     9  bridge type] as required to be maintained by 49 CFR Part 237, the Bridge
    10  Safety Standards, or as hereafter amended.
    11    [(b) In any instance in which more than one railroad operates  over  a
    12  bridge,  the  inventory shall identify which railroad has responsibility
    13  for the inspection and maintenance.]
    14    3. Bridge inspection. (a) [The department shall  develop  and  publish
    15  railroad  bridge inspection standards. Such standards shall be developed
    16  in consultation with representatives of railroads operating  within  the
    17  state and insofar as practicable, shall not be inconsistent with current
    18  American  railway  engineering and maintenance of way association recom-
    19  mended practices.
    20    (b)] Each railroad shall develop a bridge  safety  management  program
    21  and  submit  to  the department written bridge management and inspection
    22  procedures[. Such procedures shall be developed under the supervision of
    23  a licensed professional engineer, and shall be consistent with generally
    24  accepted railway  engineering  standards  and  procedures  for  railroad
    25  bridge  inspection and shall be in conformance with the standards devel-
    26  oped by the department as set forth in paragraph (a)  of  this  subdivi-
    27  sion.  The  procedures shall contain a format for the reporting document
    28  to be submitted to the department.  Such reports shall contain the qual-
    29  ifications of the individuals performing bridge  inspection  activities]
    30  as  required  to  be  maintained  and  developed by 49 CFR Part 237, the
    31  Bridge Safety Standards, or as hereafter amended.
    32    [(c)] (b) Railroad bridge inspections shall be performed  [by  techni-
    33  cians  whose  training  and  experience enable them to detect and record
    34  indications of distress on a bridge. Inspectors  must  provide  accurate
    35  measurements  and other information about the condition of the bridge in
    36  sufficient detail to a licensed professional engineer who shall make  an
    37  evaluation  of the capacity and safety of the bridge] by railroad bridge
    38  inspectors as defined by 49 CFR 237.53  or  as  hereafter  amended,  and
    39  consistent  with  49  CFR  Part  237, the Bridge Safety Standards, or as
    40  hereafter amended.
    41    [(d)] (c) Each railroad shall conduct an inspection of every  railroad
    42  bridge located in the state for which it has inspection responsibility[,
    43  in  accordance with the bridge inventory set forth in subdivision two of
    44  this section, at least once in  each  calendar  year  and  following  an
    45  occurrence  which  the railroad reasonably believes may have reduced the
    46  capacity of any bridge] consistent with 49  CFR  Part  237,  the  Bridge
    47  Safety Standards, or as hereafter amended.
    48    [(e)]  (d)  A  copy  of the inspection report for each railroad bridge
    49  shall be maintained by the appropriate railroad for  a  period  [of  not
    50  less than five years. The reports shall be comprehensible to a competent
    51  person  without  interpretation  by the reporting inspector] of not less
    52  than two years, consistent with 49 CFR Part 237.109, the  Bridge  Safety
    53  Standards,  or  as hereafter amended. If requested by the department the
    54  railroad shall submit the inspection report within five business days to
    55  the department.
        A. 10549                            3
     1    [(f)] (e) Not later than March fifteenth  of  each  year,  a  licensed
     2  professional  engineer  or  other  responsible  officer of each railroad
     3  shall file a certification  that  each  bridge  has  been  inspected  in
     4  accordance  with  [the  bridge  management and inspection procedures and
     5  that every structure is safe for the loading imposed] 49 CFR Part 237 or
     6  as hereafter amended, and additionally, shall advise the commissioner of
     7  any  change  affecting  bridge  safety which has occurred since the last
     8  certification.
     9    [(g)] (f) If, as a result of an inspection, a bridge is determined  to
    10  be  unsafe,  the  railroad shall immediately notify the commissioner and
    11  shall take appropriate remedial action to ensure that such structure  is
    12  safe.    Upon  completion  of  such  remedial action, the railroad shall
    13  provide the commissioner with a certification by a licensed professional
    14  engineer or other responsible officer that the bridge is  now  safe  for
    15  the  loadings imposed. If a railroad shall fail to take remedial action,
    16  the commissioner may direct the railroad  to  take  appropriate  action,
    17  including  requiring the closing of the bridge. Any order of the commis-
    18  sioner shall be reviewable in accordance with article  seventy-eight  of
    19  the civil practice law and rules.
    20    [(h)] (g) For purposes of this section, a "licensed professional engi-
    21  neer"  shall  mean a professional engineer who is authorized to practice
    22  engineering under title eight of the education law.
    23    4. Powers of the commissioner. The commissioner shall have  the  power
    24  to  adopt,  promulgate,  amend  and  rescind such rules and regulations,
    25  consistent with 49 CFR Part 237, the  Bridge  Safety  Standards,  or  as
    26  hereafter  amended,   as the commissioner deems appropriate to carry out
    27  the provisions and purposes of this article or to enforce any  standards
    28  established  hereunder.  [All  existing  rules and regulations requiring
    29  inspection and certification of railroad bridges shall remain in  effect
    30  until  such  time  as  new rules and regulations are promulgated.] Addi-
    31  tionally the commissioner shall be authorized to review  the  inspection
    32  reports,  inventories  and  other  supporting  documents,  to compel the
    33  production of any books, papers, records and documents relevant  to  the
    34  railroad  bridge inspection program, and to subpoena witnesses, adminis-
    35  ter oaths and take testimony, and to maintain a civil suit  against  any
    36  public  or  private  entity  to compel compliance with the provisions of
    37  this chapter.
    38    [5. Phase in of program. In order to permit the orderly implementation
    39  of the railroad bridge inspection program,  the  inventory  of  railroad
    40  bridges  as  herein  provided  shall be submitted to the commissioner by
    41  January twenty-ninth, nineteen hundred ninety-seven. All railroad bridg-
    42  es over which passenger rail service is provided shall be inspected  not
    43  later  than  January  first,  nineteen  hundred ninety-nine, and certif-
    44  ication submitted to the department  not  later  than  March  fifteenth,
    45  nineteen  hundred  ninety-nine.  All  other  railroad  bridges  shall be
    46  inspected and certified not later  than  July  first,  nineteen  hundred
    47  ninety-nine.]
    48    § 2. This act shall take effect immediately.