S T A T E O F N E W Y O R K
________________________________________________________________________
10549
I N A S S E M B L Y
June 2, 2016
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Brindisi,
Gantt) -- (at request of the Department of Transportation) -- read
once and referred to the Committee on Transportation
AN ACT to amend the highway law, in relation to railroad bridge
inspections
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 236 of the highway law, as amended by chapter 455
of the laws of 1998, is amended to read as follows:
S 236. Program of railroad bridge inspection. 1. Program establish-
ment. Notwithstanding any other provision of law to the contrary, the
commissioner is authorized and directed to establish, implement and
exercise oversight over a program of railroad bridge inspection IN
CONFORMITY WITH 49 USC S 20101 OR AS HEREAFTER AMENDED, THE "RAIL SAFETY
IMPROVEMENT ACT OF 2008" AS PROMULGATED BY 49 CFR PART 237, THE BRIDGE
SAFETY STANDARDS, OR AS HEREAFTER AMENDED, by all railroads as defined
herein which shall apply to all railroad bridges whether publicly or
privately owned.
2. Bridge inventory. [(a)] Each railroad shall provide to the commis-
sioner an inventory of every railroad bridge either owned or used by
such railroad whether exclusively or with another railroad or rail-
roads[. Each such inventory shall contain a statement as to the owner-
ship of all railroad bridges listed thereon and, if not owned by the
filing railroad, such railroad shall state the circumstances under which
it is operating over such railroad bridges. With regard to bridges owned
or maintained by the filing railroad, such inventory may be in the
format currently maintained by each railroad provided the inventory
identifies: (i) the owner of the railroad if different from the rail-
road submitting the inventory; (ii) a description of each bridge
reflecting the condition of the bridge as determined by the latest
inspection report; and (iii) the maximum load for each of its lines.
Each inventory submitted shall contain the following administrative data
with regard to each bridge owned or maintained by the filing railroad:
the bridge identification number; the railroad bridge number; the rail-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14196-02-6
A. 10549 2
road line code (if applicable); the railroad mile post; the county; the
operating railroad or railroads; other features carried (if applicable);
features intersected description; features intersected code; owner or
owners; maintenance responsibilities; and inspection responsibilities.
Each inventory submitted shall also contain the following general data
with regard to each bridge owned or maintained by the filing railroad:
the year built; the year rehabilitated; the number of tracks crossing
the bridge; the type of rail service; the number of spans; and the
bridge type] AS REQUIRED TO BE MAINTAINED BY 49 CFR PART 237, THE BRIDGE
SAFETY STANDARDS, OR AS HEREAFTER AMENDED.
[(b) In any instance in which more than one railroad operates over a
bridge, the inventory shall identify which railroad has responsibility
for the inspection and maintenance.]
3. Bridge inspection. (a) [The department shall develop and publish
railroad bridge inspection standards. Such standards shall be developed
in consultation with representatives of railroads operating within the
state and insofar as practicable, shall not be inconsistent with current
American railway engineering and maintenance of way association recom-
mended practices.
(b)] Each railroad shall develop A BRIDGE SAFETY MANAGEMENT PROGRAM
and submit to the department written bridge management and inspection
procedures[. Such procedures shall be developed under the supervision of
a licensed professional engineer, and shall be consistent with generally
accepted railway engineering standards and procedures for railroad
bridge inspection and shall be in conformance with the standards devel-
oped by the department as set forth in paragraph (a) of this subdivi-
sion. The procedures shall contain a format for the reporting document
to be submitted to the department. Such reports shall contain the qual-
ifications of the individuals performing bridge inspection activities]
AS REQUIRED TO BE MAINTAINED AND DEVELOPED BY 49 CFR PART 237, THE
BRIDGE SAFETY STANDARDS, OR AS HEREAFTER AMENDED.
[(c)] (B) Railroad bridge inspections shall be performed [by techni-
cians whose training and experience enable them to detect and record
indications of distress on a bridge. Inspectors must provide accurate
measurements and other information about the condition of the bridge in
sufficient detail to a licensed professional engineer who shall make an
evaluation of the capacity and safety of the bridge] BY RAILROAD BRIDGE
INSPECTORS AS DEFINED BY 49 CFR 237.53 OR AS HEREAFTER AMENDED, AND
CONSISTENT WITH 49 CFR PART 237, THE BRIDGE SAFETY STANDARDS, OR AS
HEREAFTER AMENDED.
[(d)] (C) Each railroad shall conduct an inspection of every railroad
bridge located in the state for which it has inspection responsibility[,
in accordance with the bridge inventory set forth in subdivision two of
this section, at least once in each calendar year and following an
occurrence which the railroad reasonably believes may have reduced the
capacity of any bridge] CONSISTENT WITH 49 CFR PART 237, THE BRIDGE
SAFETY STANDARDS, OR AS HEREAFTER AMENDED.
[(e)] (D) A copy of the inspection report for each railroad bridge
shall be maintained by the appropriate railroad for a period [of not
less than five years. The reports shall be comprehensible to a competent
person without interpretation by the reporting inspector] OF NOT LESS
THAN TWO YEARS, CONSISTENT WITH 49 CFR PART 237.109, THE BRIDGE SAFETY
STANDARDS, OR AS HEREAFTER AMENDED. IF REQUESTED BY THE DEPARTMENT THE
RAILROAD SHALL SUBMIT THE INSPECTION REPORT WITHIN FIVE BUSINESS DAYS TO
THE DEPARTMENT.
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[(f)] (E) Not later than March fifteenth of each year, a licensed
professional engineer or other responsible officer of each railroad
shall file a certification that each bridge has been inspected in
accordance with [the bridge management and inspection procedures and
that every structure is safe for the loading imposed] 49 CFR PART 237 OR
AS HEREAFTER AMENDED, and additionally, shall advise the commissioner of
any change affecting bridge safety which has occurred since the last
certification.
[(g)] (F) If, as a result of an inspection, a bridge is determined to
be unsafe, the railroad shall immediately notify the commissioner and
shall take appropriate remedial action to ensure that such structure is
safe. Upon completion of such remedial action, the railroad shall
provide the commissioner with a certification by a licensed professional
engineer OR OTHER RESPONSIBLE OFFICER that the bridge is now safe for
the loadings imposed. If a railroad shall fail to take remedial action,
the commissioner may direct the railroad to take appropriate action,
including requiring the closing of the bridge. Any order of the commis-
sioner shall be reviewable in accordance with article seventy-eight of
the civil practice law and rules.
[(h)] (G) For purposes of this section, a "licensed professional engi-
neer" shall mean a professional engineer who is authorized to practice
engineering under title eight of the education law.
4. Powers of the commissioner. The commissioner shall have the power
to adopt, promulgate, amend and rescind such rules and regulations,
CONSISTENT WITH 49 CFR PART 237, THE BRIDGE SAFETY STANDARDS, OR AS
HEREAFTER AMENDED, as the commissioner deems appropriate to carry out
the provisions and purposes of this article or to enforce any standards
established hereunder. [All existing rules and regulations requiring
inspection and certification of railroad bridges shall remain in effect
until such time as new rules and regulations are promulgated.] Addi-
tionally the commissioner shall be authorized to review the inspection
reports, inventories and other supporting documents, to compel the
production of any books, papers, records and documents relevant to the
railroad bridge inspection program, and to subpoena witnesses, adminis-
ter oaths and take testimony, and to maintain a civil suit against any
public or private entity to compel compliance with the provisions of
this chapter.
[5. Phase in of program. In order to permit the orderly implementation
of the railroad bridge inspection program, the inventory of railroad
bridges as herein provided shall be submitted to the commissioner by
January twenty-ninth, nineteen hundred ninety-seven. All railroad bridg-
es over which passenger rail service is provided shall be inspected not
later than January first, nineteen hundred ninety-nine, and certif-
ication submitted to the department not later than March fifteenth,
nineteen hundred ninety-nine. All other railroad bridges shall be
inspected and certified not later than July first, nineteen hundred
ninety-nine.]
S 2. This act shall take effect immediately.