Assembly Bill A6808

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6808
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by M. of A. MCGOWAN -- read once and referred to the Commit-
   tee on Transportation
 
 AN ACT to amend the transportation law, in  relation  to  penalties  for
   individuals,  corporations,  companies,  and associations that violate
   rules and regulations related to braking systems, steering components,
   coupling devices, and the transportation of hazardous  materials;  and
   to repeal certain provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. In response to a  Northern
 Southern  corporation  derailment that released flammable chemicals into
 surrounding areas of East Palestine, Ohio, it is imperative  to  protect
 New  Yorkers  from  incidents  involving the transportation of hazardous
 materials. Railroad  companies  transporting  hazardous  materials  must
 minimize  the  risk  to the communities that the trains run through. The
 legislature finds that it  is  critical  to  hold  rail  companies  that
 woefully  act  in  a  negligent  manner accountable for the personal and
 environmental harm that they cause.
   § 2. Paragraph (b) of subdivision 4 of section 14-f of the transporta-
 tion law is REPEALED and a  new  paragraph  (b)  is  added  to  read  as
 follows:
   (B)  (I)  ANY PERSON FOUND GUILTY OF VIOLATING ANY SUCH RULES OR REGU-
 LATIONS INVOLVING AN OUT-OF-SERVICE DEFECT RELATING  TO  BRAKE  SYSTEMS,
 STEERING  COMPONENTS  AND/OR COUPLING DEVICES SHALL BE SUBJECT TO A FINE
 NO MORE THAN ONE THOUSAND DOLLARS, BY IMPRISONMENT  FOR  NOT  MORE  THAN
 SIXTY  DAYS,  OR  BY  BOTH  SUCH FINE AND IMPRISONMENT. UPON BEING FOUND
 GUILTY OF A SECOND  OR  SUBSEQUENT  OFFENSE  COMMITTED  WITHIN  EIGHTEEN
 MONTHS,  A  FINE  OF NOT LESS THAN ONE THOUSAND FIVE HUNDRED DOLLARS NOR
 MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS,  BY  IMPRISONMENT  FOR  NOT
 MORE  THAN  NINETY  DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT SHALL BE
 ADMINISTERED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10729-01-3
              

 A. 6808                             2
 
   (II) ANY RAILROAD CORPORATION,  COMPANY,  ASSOCIATION  OR  PARTNERSHIP
 FOUND  GUILTY  OF  VIOLATING  ANY SUCH RULES OR REGULATIONS INVOLVING AN
 OUT-OF-SERVICE DEFECT RELATING TO BRAKE  SYSTEMS,  STEERING  COMPONENTS,
 AND/OR  COUPLING  DEVICES  SHALL  BE  SUBJECT TO A FINE OF NOT LESS THAN
 TWENTY-FIVE  THOUSAND  DOLLARS  NOR MORE THAN ONE HUNDRED FIFTY THOUSAND
 DOLLARS.
   (III) ANY RAILROAD COMPANY, CORPORATION, ASSOCIATION,  OR  PARTNERSHIP
 FOUND  GUILTY  OF  VIOLATING  ANY  SUCH RULE OR REGULATION INVOLVING THE
 TRANSPORTATION OF HAZARDOUS MATERIALS SHALL BE SUBJECT TO A FINE OF  NOT
 LESS  THAN  FIFTY THOUSAND DOLLARS NOR MORE THAN TWO HUNDRED FIFTY THOU-
 SAND DOLLARS.
   (IV) ANY RAILROAD COMPANY, CORPORATION,  ASSOCIATION,  OR  PARTNERSHIP
 FOUND  GUILTY  OF  VIOLATING  ANY  SUCH RULE OR REGULATION INVOLVING THE
 TRANSPORTATION OF HAZARDOUS MATERIALS SHALL BE ORDERED TO  PAY  RESTITU-
 TION  OR  REPARATION  FOR  ANY  COSTS  INCURRED FROM A VIOLATION OF THIS
 SECTION, INCLUDING BUT NOT LIMITED TO, COSTS  RELATED  TO  ENVIRONMENTAL
 REMEDIATION AND RESIDENTIAL RELOCATION OF AFFECTED AREAS.
   § 3. This act shall take effect immediately.