Bill Text: NY A10549 | 2015-2016 | General Assembly | Introduced
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
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-16ship of all railroad bridges listed thereon and, if not owned by the17filing railroad, such railroad shall state the circumstances under which18it is operating over such railroad bridges. With regard to bridges owned19or maintained by the filing railroad, such inventory may be in the20format currently maintained by each railroad provided the inventory21identifies: (i) the owner of the railroad if different from the rail-22road submitting the inventory; (ii) a description of each bridge23reflecting the condition of the bridge as determined by the latest24inspection report; and (iii) the maximum load for each of its lines.25Each inventory submitted shall contain the following administrative data26with regard to each bridge owned or maintained by the filing railroad:27the 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. LBD14196-02-6A. 10549 2 1road line code (if applicable); the railroad mile post; the county; the2operating railroad or railroads; other features carried (if applicable);3features intersected description; features intersected code; owner or4owners; maintenance responsibilities; and inspection responsibilities.5Each inventory submitted shall also contain the following general data6with regard to each bridge owned or maintained by the filing railroad:7the year built; the year rehabilitated; the number of tracks crossing8the bridge; the type of rail service; the number of spans; and the9bridge 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 a12bridge, the inventory shall identify which railroad has responsibility13for the inspection and maintenance.] 14 3. Bridge inspection. (a) [The department shall develop and publish15railroad bridge inspection standards. Such standards shall be developed16in consultation with representatives of railroads operating within the17state and insofar as practicable, shall not be inconsistent with current18American railway engineering and maintenance of way association recom-19mended 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 of23a licensed professional engineer, and shall be consistent with generally24accepted railway engineering standards and procedures for railroad25bridge inspection and shall be in conformance with the standards devel-26oped by the department as set forth in paragraph (a) of this subdivi-27sion. The procedures shall contain a format for the reporting document28to be submitted to the department. Such reports shall contain the qual-29ifications 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-33cians whose training and experience enable them to detect and record34indications of distress on a bridge. Inspectors must provide accurate35measurements and other information about the condition of the bridge in36sufficient detail to a licensed professional engineer who shall make an37evaluation 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[,43in accordance with the bridge inventory set forth in subdivision two of44this section, at least once in each calendar year and following an45occurrence which the railroad reasonably believes may have reduced the46capacity 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 not50less than five years. The reports shall be comprehensible to a competent51person 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 and5that 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 requiring29inspection and certification of railroad bridges shall remain in effect30until 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 implementation39of the railroad bridge inspection program, the inventory of railroad40bridges as herein provided shall be submitted to the commissioner by41January twenty-ninth, nineteen hundred ninety-seven. All railroad bridg-42es over which passenger rail service is provided shall be inspected not43later than January first, nineteen hundred ninety-nine, and certif-44ication submitted to the department not later than March fifteenth,45nineteen hundred ninety-nine. All other railroad bridges shall be46inspected and certified not later than July first, nineteen hundred47ninety-nine.] 48 § 2. This act shall take effect immediately.