Bill Text: NY S06925 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits freight trains traveling on a track within the state from exceeding eight thousand five hundred feet in length; directs the commissioner of transportation to promulgate rules and regulations to establish a waiver process to permit the operation of freight trains in excess of eight thousand five hundred feet for situations as deemed appropriate by such commissioner.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2024-05-06 - RECOMMIT, ENACTING CLAUSE STRICKEN [S06925 Detail]

Download: New_York-2023-S06925-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6925

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 15, 2023
                                       ___________

        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation

        AN ACT to amend the railroad law, in  relation  to  prohibiting  freight
          trains in excess of eight thousand five hundred feet in length

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The railroad law is amended by adding a new section 52-f to
     2  read as follows:
     3    § 52-f. Freight train length. No freight train traveling  on  a  track
     4  within  the  state  shall  exceed  eight  thousand  five hundred feet in
     5  length. The commissioner is hereby empowered  to  promulgate  rules  and
     6  regulations  to  establish  a  waiver process to permit the operation of
     7  freight trains in excess of eight thousand five hundred feet  for  situ-
     8  ations  where  the  commissioner determines such waiver is in the public
     9  interest and upon an engineer's determination  that  a  train  exceeding
    10  eight  thousand  five  hundred  feet in length can operate safely on the
    11  planned route.
    12    § 2.   This act shall take effect ninety  days  after  it  shall  have
    13  become  a law; provided, however, that this act shall be deemed repealed
    14  if any federal agency determines in writing that this act  would  render
    15  New  York state ineligible for the receipt of federal funds or any court
    16  of competent jurisdiction finally determines that this act would  render
    17  New  York  state  out  of compliance with federal law or regulation; and
    18  provided that the commissioner of transportation shall notify the legis-
    19  lative bill drafting commission upon any  such  determination  in  order
    20  that  the  commission may maintain an accurate and timely effective data
    21  base of the official text of the laws of the state of New York in furth-
    22  erance of effectuating the provisions of section 44 of  the  legislative
    23  law  and section 70-b of the public officers law. Effective immediately,
    24  the addition, amendment and/or repeal of any rule or  regulation  neces-
    25  sary  for  the  implementation  of  this  act  on its effective date are
    26  authorized to be made and completed on or before such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10350-04-3