senate Bill S8405

2019-2020 Legislative Session

Authorizes cities to request that railroad corporations perform railroad crossing, bridge and right of ways maintenance

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Cities Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 22, 2020 referred to cities

S8405 (ACTIVE) - Details

Current Committee:
Senate Cities
Law Section:
General City Law
Laws Affected:
Add §21-g, Gen City L; add §29, Rail L

S8405 (ACTIVE) - Summary

Authorizes cities to request that railroad corporations perform railroad crossing, bridge and right of ways maintenance and to perform such maintenance if the corporation fails to do so.

S8405 (ACTIVE) - Sponsor Memo

S8405 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8405

                            I N  S E N A T E

                              May 22, 2020
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the general city law and the railroad law,  in  relation
  to  authorizing  cities  to request that railroad corporations perform
  railroad crossing, bridge and right of ways maintenance

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  general  city law is amended by adding a new section
21-g to read as follows:
  § 21-G. RAILROAD BRIDGE AND RIGHT OF WAYS  MAINTENANCE.  1.  ANY  CITY
THROUGH  WHICH  A RAILROAD ROUTE, AS DESCRIBED IN SECTION SIXTEEN OF THE
RAILROAD LAW, PASSES, EXCEPT A RAILROAD ROUTE ON WHICH TRAINS OR SUBWAYS
ARE OPERATED BY A PUBLIC AUTHORITY, MAY MAKE A WRITTEN  REQUEST  OF  THE
RAILROAD  CORPORATION THAT OWNS THE TRACKS, BRIDGES AND/OR RIGHT OF WAYS
ALONG SUCH ROUTE WITHIN SUCH CITY TO PERFORM MAINTENANCE OF ANY AND  ALL
BRIDGES  AND/OR  RIGHT OF WAYS, INCLUDING BUT NOT LIMITED TO, THE PAINT-
ING, CLEANING, REPAIRING, OR LIGHTING OF SUCH BRIDGES, AND/OR THE CLEAN-
ING, GRADING,  RESURFACING,  CUTTING  OR  REMOVAL  OF  TREES,  BRUSH  OR
FOLIAGE, AND/OR OTHER MAINTENANCE OF SUCH RIGHT OF WAYS.
  2.  ANY  REQUEST  MADE BY A CITY IN ACCORDANCE WITH SUBDIVISION ONE OF
THIS SECTION, MUST SPECIFY WITH PARTICULARITY, THE MAINTENANCE THAT  THE
CITY  IS  REQUESTING  TO BE PERFORMED, INCLUDING THE TYPES OF MATERIALS,
PROCESSES, AND EQUIPMENT TO BE USED, TOGETHER WITH A DESCRIPTION OF  THE
PROPERTY AT WHICH THE BRIDGE OR RIGHT OF WAY IS LOCATED.
  3.  IF,  AFTER  NINETY  DAYS OF A REQUEST MADE BY A CITY IN ACCORDANCE
WITH SUBDIVISION ONE OF THIS SECTION, THE RAILROAD CORPORATION  HAS  NOT
COMPLETELY  COMPLIED  WITH  THE  REQUEST,  THEN  THE  CITY THAT MADE THE
REQUEST, MAY NOTIFY THE  RAILROAD  CORPORATION  THAT  IF  SUCH  RAILROAD
CORPORATION DOES NOT COMPLETELY PERFORM THE REQUESTED MAINTENANCE WITHIN
THIRTY  DAYS,  THAT SUCH CITY WILL PERFORM, OR CONTRACT TO PERFORM, SUCH
MAINTENANCE ON BEHALF OF, AND AT THE EXPENSE OF,  SUCH  RAILROAD  CORPO-
RATION.
  4.  IF,  AFTER THIRTY DAYS OF A NOTIFICATION MADE BY A CITY IN ACCORD-
ANCE WITH SUBDIVISION THREE OF THIS SECTION,  THE  RAILROAD  CORPORATION
FAILS  TO COMPLETELY COMPLY WITH THE REQUEST MADE BY THE CITY IN ACCORD-
ANCE WITH SUBDIVISION ONE OF THIS SECTION, THEN  THE  CITY  MAKING  SUCH

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