S T A T E O F N E W Y O R K
________________________________________________________________________
7897
2013-2014 Regular Sessions
I N A S S E M B L Y
June 7, 2013
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Transportation
AN ACT to amend the railroad law, in relation to the promulgation of
standards for private railroad crossings in an inter city passenger
service corridor and in a commuter rail service corridor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 97 of the railroad law, as added
by chapter 515 of the laws of 1994, is amended to read as follows:
4. The commissioner shall prepare and promulgate standards and spec-
ifications for the design and protection of private rail crossings in an
intercity rail passenger service corridor and [is authorized to] SHALL,
ON OR BEFORE JUNE THIRTIETH, TWO THOUSAND FOURTEEN, adopt and promulgate
such rules and regulations DEEMED NECESSARY to [accomplish this as shall
be deemed necessary] IMPLEMENT THE PROVISIONS OF THIS SECTION. EXCEPT AS
OTHERWISE PROVIDED BY LAW, SAID RULES AND REGULATIONS SHALL: (A) INCLUDE
GUIDELINES FOR THE ALLOCATION OF RESPONSIBILITY FOR THE COSTS ASSOCIATED
WITH THE ESTABLISHMENT OF ANY NEW PRIVATE CROSSINGS PURSUANT TO SUBDIVI-
SION TWO OF THIS SECTION OR THE CLOSING OR IMPROVEMENT OF EXISTING
PRIVATE CROSSINGS PURSUANT TO SUBDIVISION THREE OF THIS SECTION; (B)
RECOGNIZE THAT THE PRIVATE INTERESTS SEEKING OR USING A CROSSING SHALL
BE GENERALLY RESPONSIBLE FOR SUCH COSTS, AS WELL AS FOR ALL COSTS ASSO-
CIATED WITH THE INSPECTION AND MAINTENANCE OF SUCH IMPROVEMENTS; AND (C)
REQUIRE THAT THE ARRANGEMENT BETWEEN THE RAILROAD AND THE OWNERS OR
OCCUPANTS OF THE ADJOINING PROPERTIES SHALL BE FORMALIZED IN AN AGREE-
MENT.
S 2. Subdivision 4 of section 97-a of the railroad law, as added by
chapter 230 of the laws of 2002, is amended to read as follows:
4. The commissioner shall prepare and promulgate standards and spec-
ifications for the design and protection of private rail crossings in a
commuter rail service corridor and, in consultation with the metropol-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11400-01-3
A. 7897 2
itan transportation authority, [is authorized to] SHALL, ON OR BEFORE
JUNE THIRTIETH, TWO THOUSAND FOURTEEN adopt and promulgate such rules
and regulations [as may be] DEEMED necessary to implement the provisions
of this section. Except as otherwise provided by law, said rules and
regulations shall include guidelines for the allocation of responsibil-
ity for the costs associated with establishment of any new private
crossings pursuant to subdivision two of this section or the closing or
improvement of existing private crossings pursuant to subdivision three
of this section and shall recognize that the private interests seeking
or using a crossing shall be generally responsible for such costs as
well as all costs associated with the inspection and maintenance of such
improvements; and, that the arrangement between the railroad and the
owners or occupants of the adjoining properties shall be formalized in
an agreement.
S 3. This act shall take effect immediately.