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.
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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.