A. 7691 2
transportation to be interested in the proceeding. The commissioner of
transportation shall give public notice of such hearing. Upon such
notice and after a hearing, the commissioner of transportation] MAY
CONDUCT A HEARING AND PROVIDE NOTICE OF SUCH A HEARING OF NOT LESS THAN
TEN DAYS TO PARTIES DEEMED TO HAVE AN INTEREST IN THE APPLICATION.
PROVIDED, HOWEVER, THAT THE COMMISSIONER SHALL CONDUCT A HEARING UPON
THE REQUEST OF THE RAILROAD COMPANY MAKING THE APPLICATION, THE MUNICI-
PAL CORPORATION HAVING JURISDICTION OVER THE STREETS, AVENUES, HIGHWAYS
OR ROADS PROPOSED TO BE CROSSED BY THE NEW RAILROAD OR THE CITY, TOWN OR
VILLAGE IN WHICH THE CROSSING IS LOCATED. IF SUCH A REQUEST IS NOT MADE
AND IF THE COMMISSIONER DETERMINES THAT A HEARING IS NOT REQUIRED, HE OR
SHE SHALL SOLICIT COMMENTS FROM PARTIES DEEMED TO HAVE AN INTEREST IN
THE APPLICATION WHO SHALL BE PROVIDED WITH NO LESS THAN TEN DAYS TO
COMMENT ON THE APPLICATION. PARTIES DEEMED TO HAVE AN INTEREST IN THE
APPLICATION SHALL INCLUDE THE RAILROAD COMPANY MAKING THE APPLICATION,
THE MUNICIPAL CORPORATION HAVING JURISDICTION OVER THE STREETS, AVENUES,
HIGHWAYS OR ROADS PROPOSED TO BE CROSSED BY THE NEW RAILROAD, THE CITY,
TOWN OR VILLAGE IN WHICH THE CROSSING IS LOCATED, PERSONS OWNING OR
OCCUPYING PROPERTY IN THE VICINITY OF THE PROPOSED CROSSING AND OTHER
PARTIES DEEMED BY THE COMMISSIONER TO BE AFFECTED BY THE APPLICATION.
AFTER A HEARING, IF ONE WAS HELD, OR THE EXPIRATION OF THE COMMENT PERI-
OD, THE COMMISSIONER [may] SHALL determine [that] WHETHER alterations or
changes may be made in any existing highway at or in the vicinity of a
proposed crossing for the purpose of avoiding a crossing at grade.
3. If the commissioner [of transportation shall determine] DETERMINES
that any such railroad shall be carried across a street, avenue, highway
or road below the grade thereof, [said commissioner of transportation]
HE OR SHE shall determine the height, the length[,] and the material of
the bridge or structure by means of which such street, avenue, highway
or road shall be carried over such railroad, and the length, charac-
ter[,] and grades of the approaches thereto.
4. If the commissioner [of transportation shall determine] DETERMINES
that such railroad shall be constructed above the grade of such street,
avenue, highway or road, [said commissioner of transportation] HE OR SHE
shall determine the manner and method in which such railroad shall be
constructed over such street, avenue, highway or road, and the length,
character and grades of the undercrossing approaches.
5. If the commissioner [of transportation shall determine] DETERMINES
that it is impracticable to construct such railroad below or above the
grade of such street, avenue, highway or road, [said commissioner] HE OR
SHE shall determine the manner and method in which the same shall be
constructed across such street, avenue, highway or road at grade, and
what safeguards shall be maintained.
6. The decision of the commissioner [of transportation] rendered in
any proceedings under this section shall be [communicated, after final
hearing, to the railroad company, the municipal corporation and all
other parties who appeared at said hearing by counsel or in person]
FINAL, SUBJECT TO THE RIGHT OF APPEAL AS HEREINAFTER PROVIDED, AND SHALL
BE SENT AFTER A HEARING, IF ONE WAS HELD, OR THE EXPIRATION OF THE
COMMENT PERIOD, TO ALL PARTIES WHO PARTICIPATED IN THE PROCEEDING OR
REQUESTED TO BE ADVISED OF THE DECISION.
7. ANY PERSON AGGRIEVED BY SUCH A DECISION AND WHO WAS A PARTY TO SAID
PROCEEDING MAY, WITHIN SIXTY DAYS, APPEAL THEREFROM TO THE APPELLATE
DIVISION OF THE SUPREME COURT IN THE DEPARTMENT IN WHICH SUCH CROSSING
IS SITUATED, AND TO THE COURT OF APPEALS, IN THE SAME MANNER AND WITH
A. 7691 3
LIKE EFFECT AS IS PROVIDED IN THE CASE OF APPEALS FROM AN ORDER OF THE
SUPREME COURT.
S 2. Section 90 of the railroad law, as amended by chapter 267 of the
laws of 1970, is amended to read as follows:
S 90. New streets across railroads. 1. When a new street, avenue,
highway or road or new portion or additional lane of a street, avenue,
highway or road shall hereafter be constructed across a [steam] surface
railroad, other than pursuant to section ninety-one, such street,
avenue, highway, or road or new portion or additional lane of a street,
avenue, highway or road, shall pass over or under such railroad whenever
such construction is practicable. Notice of intention to lay out such
street, avenue, highway or road, or such new portion or additional lane
of a street, avenue, highway or road, across a steam surface railroad
shall be given to such railroad corporation by the municipal corporation
at least fifteen days prior to the making of the order laying out such
street, avenue, highway or road or such new portion or additional lane
of a street, avenue, highway or road by service personally on the presi-
dent or vice-president of the railroad corporation or any general offi-
cer thereof. Such notice shall designate the time when and place where a
hearing will be given to such railroad corporation, and such railroad
corporation shall have the right to be heard before the authorities of
such municipal corporation upon the question of the necessity of such
street, avenue, highways or road or such new portion or additional lane
of a street, avenue, highway or road on the question of the location of
such highway.
2. If the municipal corporation determines such street, avenue, high-
way or road or such new portion or additional lane of a street, avenue,
highway or road to be necessary, such municipal corporation shall then
apply to the commissioner [of transportation] before any further
proceedings are taken, to determine whether such street, avenue, highway
or road or such new portion or additional lane of a street, avenue,
highway or road shall pass over or under such railroad or at grade. The
commissioner [of transportation shall thereupon appoint a time and place
for hearing such application, and shall give such notice thereof as he
shall judge reasonable to the railroad corporation whose railroad is to
be crossed by such new street, avenue, highway or road, or such new
portion or additional lane of a street, avenue, highway or road, to the
municipal corporation, the owners of land adjoining the railroad and
that part of the street, avenue, highway or road to be opened, extended
or constructed and such other parties deemed by him to be interested in
the proceeding. The commissioner of transportation] MAY CONDUCT A HEAR-
ING AND PROVIDE NOTICE OF SUCH A HEARING OF NOT LESS THAN TEN DAYS TO
PARTIES DEEMED TO HAVE AN INTEREST IN THE APPLICATION. PROVIDED, HOWEV-
ER, THAT THE COMMISSIONER SHALL CONDUCT A HEARING UPON THE REQUEST OF
THE MUNICIPAL CORPORATION MAKING THE APPLICATION, THE RAILROAD CORPO-
RATION WHOSE RAILROAD IS TO BE CROSSED BY SUCH NEW STREET, AVENUE, HIGH-
WAY OR ROAD OR THE CITY, TOWN OR VILLAGE IN WHICH THE CROSSING IS
LOCATED. IF SUCH A REQUEST IS NOT MADE AND IF THE COMMISSIONER DETER-
MINES THAT A HEARING IS NOT REQUIRED, HE OR SHE SHALL SOLICIT COMMENTS
FROM PARTIES DEEMED TO HAVE AN INTEREST IN THE APPLICATION WHO SHALL BE
PROVIDED WITH NO LESS THAN TEN DAYS TO COMMENT ON THE APPLICATION.
PARTIES DEEMED TO HAVE AN INTEREST IN THE APPLICATION SHALL INCLUDE THE
MUNICIPAL CORPORATION MAKING THE APPLICATION, THE RAILROAD CORPORATION
WHOSE RAILROAD IS TO BE CROSSED BY SUCH NEW STREET, AVENUE, HIGHWAY OR
ROAD, PERSONS OWNING OR OCCUPYING PROPERTY IN THE VICINITY OF THE
PROPOSED CROSSING AND OTHER PARTIES DEEMED BY THE COMMISSIONER TO BE
A. 7691 4
AFFECTED BY THE APPLICATION. AFTER A HEARING, IF ONE WAS HELD, OR THE
EXPIRATION OF THE COMMENT PERIOD, THE COMMISSIONER shall determine
whether such street, avenue, highway or road or such new portion or
additional lane of a street, avenue, highway or road shall be
constructed over or under such railroad or at grade.
3. If the commissioner [of transportation shall determine] DETERMINES
that such street, avenue, highway or road or such new portion or addi-
tional lane of a street, avenue, highway or road shall be carried across
such railroad above the grade thereof, he OR SHE shall determine the
height, the length and the material of the bridge or structure by means
of which such street, avenue, highway or road or such new portion or
additional lane of a street, avenue, highway or road shall be carried
across such railroad, and the length, character and grades of the
approaches thereto.
4. If the commissioner [of transportation shall determine] DETERMINES
that such street, avenue, highway or road or such new portion or addi-
tional lane of a street, avenue, highway or road shall be constructed or
extended below the grade of such railroad, he OR SHE shall determine the
manner and method in which the same shall be so carried under, and the
length, character and grades of the approaches.
5. If the commissioner [of transportation shall determine] DETERMINES
that it is impracticable to construct or extend such street, avenue,
highway or road or such new portion or additional lane of a street,
avenue, highway or road across such railroad above or below the grade
thereof, he OR SHE shall determine the manner and method in which the
same shall be carried across such railroad at grade and what safeguards
shall be maintained.
6. The decision of the commissioner [of transportation] as to the
manner and method of carrying such new street, avenue, highway or road,
or such new portion or additional lane of a street, avenue, highway or
road across such railroad shall be final, subject however to the right
of appeal hereinafter given, [the decision of the commissioner of trans-
portation rendered in any proceeding under this section shall be commu-
nicated, after final hearing, to the railroad corporation, the municipal
corporation and all other parties who appeared at such hearing by coun-
sel or in person] AND SHALL BE SENT, AFTER A HEARING, IF ONE WAS HELD,
OR THE EXPIRATION OF THE COMMENT PERIOD, TO ALL PARTIES WHO HAVE PARTIC-
IPATED IN THE PROCEEDING OR REQUESTED TO BE ADVISED OF THE DECISION OF
THE COMMISSIONER.
7. ANY PERSON AGGRIEVED BY SUCH DECISION AND WHO WAS A PARTY TO SAID
PROCEEDING MAY, WITHIN SIXTY DAYS, APPEAL THEREFROM TO THE APPELLATE
DIVISION OF THE SUPREME COURT IN THE DEPARTMENT IN WHICH SUCH CROSSING
IS SITUATED, AND TO THE COURT OR APPEALS, IN THE SAME MANNER AND WITH
LIKE EFFECT AS IS PROVIDED IN THE CASE OF APPEALS FROM AN ORDER OF THE
SUPREME COURT.
8. This section shall not apply to any state highway or any other
street, avenue, highway or road or new portion or additional lane of a
street, avenue, highway or road which the commissioner [of transporta-
tion] proposes to construct across a railroad pursuant to the highway
law. Highway as used in this article shall include any highway, road,
street, alley, avenue, thoroughfare or public driveway which is open to
the public and publicly maintained.
S 3. Section 91 of the railroad law, as amended by chapter 539 of the
laws of 1978, is amended to read as follows:
S 91. Alteration or rehabilitation of existing crossing. 1. The mayor
or city manager and common council of any city, the president or mayor
A. 7691 5
and trustees of any village, the town board of any town, the board of
supervisors or county executive and the county legislature of any county
having jurisdiction over street, avenue, highway or road which crosses
or is crossed by a surface railroad at grade, below grade or above grade
by structures heretofore constructed, or any surface railroad corpo-
ration whose railroad crosses or is crossed by a street, avenue, highway
or road at grade, below or above grade, may bring their petition in
writing to the commissioner [of transportation], therein alleging that
public interest requires rehabilitation, an alteration in the manner of
such crossing, its approaches, the method of crossing, the location of
the crossing, a change in the existing structure by which such crossing
is made, the closing and discontinuance of a crossing and the diversion
of the travel thereon to another street, avenue, highway road or cross-
ing, or if not practicable to change such crossing from grade, below
grade or above grade or to close or discontinue the same, the opening of
an additional crossing for the partial diversion of travel from the
grade, below grade or above grade crossing and praying that the same may
be ordered.
2. Upon any such petition being brought, the commissioner [of trans-
portation shall appoint a time and place for hearing the petition, and
shall give such notice thereof as he shall judge reasonable, of not less
than ten days, however, to such petitioner, the railroad corporation,
the municipality in which such crossing is situated, and if such cross-
ing is in whole or in part in an incorporated village having not to
exceed twelve hundred inhabitants, also to the supervisor or supervisors
of the town or towns in which such crossing is situated, and in all
cases to the owners of the lands adjoining such crossing and adjoining
that part of the street, avenue, highway or road to be changed in grade
or location or to be discontinued, or the land to be opened for a new
crossing and to such other parties deemed by him to be interested in the
proceeding. The commissioner of transportation shall give public notice
of said hearing; and upon such notice and after a hearing or hearings
the commissioner of transportation shall determine what alterations or
changes, if any, shall be made] MAY CONDUCT A HEARING AND PROVIDE NOTICE
OF SUCH A HEARING OF NOT LESS THAN TEN DAYS TO PARTIES DEEMED TO HAVE AN
INTEREST IN THE PETITION. PROVIDED, HOWEVER, THAT THE COMMISSIONER SHALL
CONDUCT A HEARING UPON THE REQUEST OF THE PARTY MAKING THE APPLICATION,
THE RAILROAD CORPORATION WHOSE RAILROAD IS TO BE AFFECTED BY THE ALTER-
ATIONS OR THE CITY, TOWN OR VILLAGE IN WHICH THE CROSSING IS LOCATED. IF
SUCH A REQUEST IS NOT MADE AND IF THE COMMISSIONER DETERMINES THAT A
HEARING IS NOT REQUIRED, HE OR SHE SHALL SOLICIT COMMENTS FROM PARTIES
DEEMED TO HAVE AN INTEREST IN THE PETITION WHO SHALL BE PROVIDED WITH NO
LESS THAN TEN DAYS TO COMMENT ON THE PETITION. PARTIES DEEMED TO HAVE AN
INTEREST IN THE PETITION SHALL INCLUDE THE PARTY FILING THE PETITION,
THE RAILROAD CORPORATION WHOSE RAILROAD IS AFFECTED BY THE ALTERATIONS,
PERSONS OWNING OR OCCUPYING PROPERTY IN THE VICINITY OF THE PROPOSED
ALTERATIONS AND SUCH OTHER PARTIES DEEMED BY THE COMMISSIONER TO BE
AFFECTED BY THE PETITION. AFTER A HEARING, IF ONE WAS HELD, OR THE EXPI-
RATION OF THE COMMENT PERIOD, THE COMMISSIONER SHALL THEN DETERMINE WHAT
ALTERATIONS OR CHANGES, IF ANY, SHALL BE MADE.
3. The decision of the commissioner [of transportation] rendered in
any proceeding under this section shall be [communicated, after final
hearing, to the petitioner, the railroad corporation, the municipal
corporation and all other parties who appeared at said hearing by coun-
sel or in person] FINAL, SUBJECT HOWEVER TO THE RIGHT OF APPEAL AS HERE-
INAFTER GIVEN, AND SHALL BE SENT, AFTER A HEARING, IF ONE WAS HELD, OR
A. 7691 6
THE EXPIRATION OF THE COMMENT PERIOD, TO ALL PARTIES WHO HAVE PARTIC-
IPATED IN THE PROCEEDING OR REQUESTED TO BE ADVISED OF THE DECISION OF
THE COMMISSIONER.
4. Any person aggrieved by such decision, [or by a decision made
pursuant to sections eighty-nine and ninety,] and who was a party to
said proceeding, may, within sixty days, appeal therefrom to the appel-
late division of the supreme court in the department in which such
crossing is situated, and to the court of appeals, in the same manner
and with like effect as is provided in the case of appeals from an order
of the supreme court.
5. This section shall not apply to a state highway or any other high-
way upon which the commissioner [of transportation] proposes to alter an
existing crossing of a railroad pursuant to any section of the highway
law.
S 4. Subdivisions 2 and 3 of section 97 of the railroad law, as added
by chapter 515 of the laws of 1994, are amended to read as follows:
2. No new private rail crossings shall be established in an intercity
rail passenger service corridor until an application has been made to
and approved by the commissioner. Whenever an application is made, the
commissioner [shall] MAY conduct a hearing AND PROVIDE NOTICE OF SUCH A
HEARING OF NOT LESS THAN TEN DAYS TO PARTIES DEEMED TO HAVE AN INTEREST
IN THE APPLICATION to determine if a private rail crossing is justified
or if an existing public or private crossing could be used to avoid the
creation of a new PRIVATE RAIL crossing. PROVIDED, HOWEVER, THAT THE
COMMISSIONER SHALL CONDUCT A HEARING UPON THE REQUEST OF THE PARTY
MAKING THE APPLICATION, THE RAILROAD CORPORATION WHOSE RAILROAD IS
AFFECTED BY THE CROSSING OR THE CITY, TOWN OR VILLAGE IN WHICH THE
CROSSING IS LOCATED. IF SUCH A REQUEST IS NOT MADE AND IF THE COMMIS-
SIONER DETERMINES THAT A HEARING IS NOT REQUIRED, HE OR SHE SHALL SOLIC-
IT COMMENTS FROM PARTIES DEEMED TO HAVE AN INTEREST IN THE APPLICATION
WHO SHALL BE PROVIDED WITH NO LESS THAN TEN DAYS TO COMMENT ON THE
APPLICATION TO DETERMINE IF A PRIVATE RAIL CROSSING IS JUSTIFIED OR IF
AN EXISTING PUBLIC OR PRIVATE CROSSING COULD BE USED TO AVOID THE
CREATION OF A NEW PRIVATE RAIL CROSSING. PARTIES DEEMED TO HAVE AN
INTEREST IN THE APPLICATION SHALL INCLUDE THE PARTY MAKING THE APPLICA-
TION, THE RAILROAD CORPORATION WHOSE RAILROAD IS AFFECTED BY THE CROSS-
ING, THE CITY, TOWN OR VILLAGE IN WHICH THE CROSSING IS LOCATED, PERSONS
OWNING OR OCCUPYING PROPERTY IN THE VICINITY OF THE PROPOSED CROSSING
AND SUCH OTHER PARTIES DEEMED BY THE COMMISSIONER TO BE AFFECTED BY THE
APPLICATION. If the commissioner determines that a crossing is justified
and is in the best interest of the people of the state of New York, the
commissioner shall determine the manner of the crossing, whether it is
to be at-grade or grade-separated, the location, the manner of
protection and the apportionment of responsibility for the maintenance
of any such crossing, including any warning devices.
3. A. In order to insure public safety, the commissioner may, if he or
she determines it appropriate, FILE A PETITION TO require alterations in
an existing private rail crossing, including a farm crossing, which is
located in an intercity rail passenger service corridor and is hereby
authorized to participate in the cost of such alterations. In the event
that an agreement on such alterations cannot be reached between the
railroad owning the crossing, property owners who are directly impacted
by the crossing and the department, the commissioner [shall] MAY conduct
a hearing AND PROVIDE NOTICE OF SUCH A HEARING OF NOT LESS THAN TEN DAYS
TO PARTIES DEEMED TO HAVE AN INTEREST IN THE PETITION on the need for
such alterations and whether any other alternatives are available,
A. 7691 7
including the use of an alternate route or the closure of the crossing
and shall, where applicable, determine the apportionment of responsibil-
ity for the alteration and maintenance of any such crossing, including
any warning devices. PROVIDED, HOWEVER, THAT THE COMMISSIONER SHALL
CONDUCT A HEARING UPON THE REQUEST OF THE PARTY MAKING THE APPLICATION,
THE RAILROAD CORPORATION WHOSE RAILROAD IS AFFECTED BY THE CROSSING OR
THE CITY, TOWN OR VILLAGE IN WHICH THE CROSSING IS LOCATED. IF SUCH A
REQUEST IS NOT MADE AND IF THE COMMISSIONER DETERMINES THAT A HEARING IS
NOT REQUIRED, HE OR SHE SHALL SOLICIT COMMENTS FROM PARTIES DEEMED TO
HAVE AN INTEREST IN THE PETITION AND PROVIDE THEM WITH NO LESS THAN TEN
DAYS TO COMMENT ON THE NEED FOR SUCH ALTERATIONS AND WHETHER ANY OTHER
ALTERNATIVES ARE AVAILABLE, INCLUDING THE USE OF AN ALTERNATE ROUTE OR
THE CLOSURE OF THE CROSSING AND SHALL, WHERE APPLICABLE, DETERMINE THE
APPORTIONMENT OF RESPONSIBILITY FOR THE ALTERATION AND MAINTENANCE OF
ANY SUCH CROSSING, INCLUDING ANY WARNING DEVICES. PARTIES DEEMED TO HAVE
AN INTEREST IN THE PETITION SHALL INCLUDE THE RAILROAD CORPORATION WHOSE
RAILROAD IS AFFECTED BY THE ALTERATIONS, THE CITY, TOWN OR VILLAGE IN
WHICH THE CROSSING IS LOCATED, PERSONS OWNING OR OCCUPYING LAND IN THE
VICINITY OF THE CROSSING AND SUCH OTHER PARTIES DEEMED BY THE COMMIS-
SIONER TO BE AFFECTED BY THE ALTERATIONS.
B. Public comment shall be sought on any proposed alteration or
closure which will impact public access to lands open to the public for
recreational use. Comments received from the public shall be considered
in any decision to alter or close such a crossing. No crossing which
provides direct access to public state recreational lands shall be
closed unless the commissioner, in consultation with the state agency
with jurisdiction over such lands, finds that there is a reasonable
alternate route to such lands that maintains public access to and the
public recreational value of such lands.
S 5. Subdivision 2 and paragraph a of subdivision 3 of section 97-a of
the railroad law, as added by chapter 230 of the laws of 2002, are
amended to read as follows:
2. No new private rail crossings shall be established in a commuter
rail service corridor until an application has been made to and approved
by the commissioner. Whenever an application is made, the commissioner
[shall] MAY conduct a hearing AND PROVIDE NOTICE OF SUCH A HEARING OF
NOT LESS THAN TEN DAYS TO PARTIES DEEMED TO HAVE AN INTEREST IN THE
APPLICATION to determine if a private rail crossing is justified or if
an existing public or private crossing could be used to avoid the
creation of a new private rail crossing. PROVIDED, HOWEVER, THAT THE
COMMISSIONER SHALL CONDUCT A HEARING UPON THE REQUEST OF THE PARTY
MAKING THE APPLICATION, THE RAILROAD CORPORATION WHOSE RAILROAD IS
AFFECTED BY THE CROSSING OR THE CITY, TOWN OR VILLAGE IN WHICH THE
CROSSING IS LOCATED. IF SUCH A REQUEST IS NOT MADE AND IF THE COMMIS-
SIONER DETERMINES THAT A HEARING IS NOT REQUIRED, HE OR SHE SHALL SOLIC-
IT COMMENTS FROM PARTIES DEEMED TO HAVE AN INTEREST IN THE APPLICATION
WHO SHALL BE PROVIDED WITH NOT LESS THAN TEN DAYS TO COMMENT ON THE
APPLICATION. PARTIES DEEMED TO HAVE AN INTEREST IN THE APPLICATION SHALL
INCLUDE THE RAILROAD CORPORATION WHOSE RAILROAD IS AFFECTED BY THE
CROSSING, THE CITY, TOWN OR VILLAGE IN WHICH THE CROSSING WILL BE
LOCATED, PERSONS OWNING LAND ADJACENT TO THE CROSSING AND SUCH OTHER
PARTIES DEEMED BY THE COMMISSIONER TO BE AFFECTED BY THE CROSSING. If
the commissioner determines that a new private rail crossing is justi-
fied and is in the best interest of the people of the state of New York,
the commissioner shall determine the manner of the crossing, whether it
is to be at-grade or grade-separated, the location, the manner of
A. 7691 8
protection and the apportionment of responsibilities and costs for the
construction, inspection and maintenance of any such private rail cross-
ing, including any warning devices.
a. In order to insure public safety, the commissioner may, if he or
she determines it appropriate, FILE A PETITION TO require alterations in
an existing private rail crossing, including a farm crossing, which is
located in a commuter rail service. In the event that an agreement on
such alterations cannot be reached between the railroad owning the
crossing, property owners who are directly impacted by the existing
private rail crossing and the department, the commissioner [shall] MAY
conduct a hearing AND PROVIDE NOTICE OF SUCH A HEARING OF NOT LESS THAN
TEN DAYS TO PARTIES DEEMED TO HAVE AN INTEREST IN THE PETITION on the
need for such alterations and whether any other alternatives are avail-
able, including the use of an alternate route or the closure of the
private rail crossing and shall, where applicable, determine the appor-
tionment of responsibilities and costs for the alteration, construction,
inspection and maintenance of any such private rail crossing, including
any warning devices. PROVIDED, HOWEVER, THAT THE COMMISSIONER SHALL
CONDUCT A HEARING UPON THE REQUEST OF THE RAILROAD CORPORATION WHOSE
RAILROAD IS AFFECTED BY THE CROSSING OR THE CITY, TOWN OR VILLAGE IN
WHICH THE CROSSING IS LOCATED. IF SUCH A REQUEST IS NOT MADE AND IF THE
COMMISSIONER DETERMINES THAT A HEARING IS NOT REQUIRED, HE OR SHE SHALL
SOLICIT COMMENTS FROM PARTIES DEEMED TO HAVE AN INTEREST IN THE PETITION
WHO SHALL BE PROVIDED WITH NOT LESS THAN TEN DAYS TO COMMENT ON THE
PROPOSED ALTERATIONS. PARTIES DEEMED TO HAVE AN INTEREST IN THE PETITION
SHALL INCLUDE THE RAILROAD CORPORATION WHOSE RAILROAD IS AFFECTED BY THE
CROSSING, THE CITY, TOWN OR VILLAGE IN WHICH THE CROSSING IS LOCATED,
PERSONS OWNING LAND IN THE VICINITY OF THE CROSSING AND SUCH OTHER PARI-
TIES DEEMED BY THE COMMISSIONER TO BE AFFECTED BY THE PROPOSED ALTER-
ATIONS.
S 6. Section 51 of the railroad law is REPEALED.
S 7. Section 57 of the railroad law is REPEALED.
S 8. Section 57-a of the railroad law is REPEALED.
S 9. Section 58 of the railroad law is REPEALED.
S 10. Section 59 of the railroad law is REPEALED.
S 11. Section 60 of the railroad law is REPEALED.
S 12. Section 71 of the railroad law is REPEALED.
S 13. Section 72 of the railroad law is REPEALED.
S 14. Section 73 of the railroad law is REPEALED.
S 15. Section 74 of the railroad law is REPEALED.
S 16. Section 76 of the railroad law is REPEALED.
S 17. Section 77 of the railroad law is REPEALED.
S 18. Section 80 of the railroad law is REPEALED.
S 19. Section 82 of the railroad law is REPEALED.
S 20. Section 81 of the railroad law, as amended by chapter 787 of
the laws of 1986, is amended to read as follows:
S 81. Violation of sections [seventy-seven,] seventy-seven-c, seven-
ty-eight[,] AND seventy-nine[, and eighty]. Any railroad or other compa-
ny hauling or permitting to be hauled on its line or lines any train in
violation of any of the provisions of sections [seventy-seven,] seven-
ty-seven-c, seventy-eight[,] AND seventy-nine[, and eighty] shall be
liable to a fine of one hundred dollars for each and every violation.
Such fine shall be imposed by the commissioner [of transportation] and
deposited in the general fund of the state of New York. Imposition of
any such fine shall be subject to judicial review under the provisions
of article seventy-eight of the civil practice law and rules.
A. 7691 9
S 21. This act shall take effect immediately.