Requires the department of transportation to establish a central registry of reports, audits, plans and public inspections regarding freight rail operators, rail cars and freight lines or routes and rights of way.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8227
SPONSOR: Levenberg TITLE OF BILL:
An act to amend the transportation law, in relation to requiring the
department of transportation to establish a central registry of reports,
audits, plans and public inspections for freight trains and freight
rail lines
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to establish a central registry that
is maintained on the Department of Transportation website that would
serve as a database of all reports, audits, and public inspections for
freight trains and rail lines.
SUMMARY OF PROVISIONS:
Section 1 adds a new subdivision 37 to section 14 of the Transportation
Law which will establish a publicly available central registry be avail-
able on its website to serve as a database of all reports, audits, and
public inspections for trains and freight rail lines.
Section 2 establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This portion of this memorandum is not applicable at this time.
JUSTIFICATION:
In the aftermath of the derailment of a freight rail train in East
Palestine, Ohio, it has become clear that communities and community
members desire and deserve greater transparency regarding freight rail
safety.
Furthermore, in an article titled, "Recent train derailments across the
US", they stated that according to the Federal Railroad Administration
there were 518 derailments nationwide in 2022. (WCCO Staff. "CBS,
WWW.CBSNEWS.COM/MINNESOTA/LIVEUPDATES/RECENT- TRAIN-DERAILMENTS-A-
CROSS-THE-US/.ct. Updated March 30, 2023)
This legislation addresses the need to assemble a central database where
reports, audits, and public inspections that are currently accessible by
the Department of Transportation would be made available to the public.
PRIOR LEGISLATIVE HISTORY:
This is new legislation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The fiscal implications associated with this legislation are unknown,
however, they are expected to be minimal.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law.
STATE OF NEW YORK
________________________________________________________________________
8227
2023-2024 Regular Sessions
IN ASSEMBLY
November 6, 2023
___________
Introduced by M. of A. LEVENBERG, SHIMSKY, BURDICK, L. ROSENTHAL,
TAYLOR, DICKENS -- read once and referred to the Committee on Trans-
portation
AN ACT to amend the transportation law, in relation to requiring the
department of transportation to establish a central registry of
reports, audits, plans and public inspections for freight trains and
freight rail lines
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 14 of the transportation law is amended by adding a
2 new subdivision 37 to read as follows:
3 37. To establish a publicly available central registry of all
4 reports, audits, plans and public inspections regarding freight rail
5 operators, freight rail cars and train sets, freight lines or routes,
6 and freight railroad corporation rights of way. Such reports shall
7 include, without limitation, daily inspection reports, safety plans,
8 track inspection reports, bridge and tunnel inspection reports, safety
9 incident reports, and annual bridge and tunnel certifications by such
10 railroad corporations. The commissioner or her or his designee shall
11 maintain and regularly update such registry. Provided, further, that the
12 commissioner or her or his designee may redact any records or portions
13 thereof that are specifically exempted from disclosure by state or
14 federal statute or regulation.
15 § 2. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law. Effective immediately, the addition, amend-
17 ment and/or repeal of any rule or regulation necessary for the implemen-
18 tation of this act on its effective date are authorized to be made and
19 completed on or before such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10337-02-3
