S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4922
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Corporations, Authorities and Commissions
 
 AN ACT to direct the metropolitan transportation authority  to  identify
   flammable  or  hazardous  materials  near above-ground and grade level
   tracks

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The metropolitan transportation authority, in consultation
 with the Long Island Rail Road and other  relevant  agencies,  including
 but  not  limited  to the New York city department of transportation and
 the state department of transportation, shall conduct a study to examine
 the industrial areas located under above-ground LIRR tracks and adjacent
 to grade level tracks to identify unsafe and  flammable  materials  that
 are exposed to commuter operations.
   § 2. For purposes of this act:
   (a) "LIRR" shall mean the Long Island Rail Road; and
   (b)  "grade  level" shall mean where a track intersects with a highway
 on the same level as the highway.
   § 3. Such study shall include, but not be limited to:
   (a) an inspection of the industrial areas located  under  above-ground
 LIRR  tracks and adjacent to grade level tracks for the purpose of iden-
 tifying materials that may be hazardous or flammable. The size  of  such
 area  of  inspection shall be determined by the metropolitan transporta-
 tion authority;
   (b) an analysis of potential methods for removal of the  hazardous  or
 flammable materials, if such materials are identified;
   (c) an analysis of the cost and economic impact of removing such mate-
 rials;
   (d) recommendations on how to maintain areas below or adjacent to such
 tracks to keep them free from hazardous or flammable materials; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04597-02-3
 A. 4922                             2
              

 
   (e) any other issues related to the safety of such areas as determined
 by the chairman of the metropolitan transportation authority.
   §  4.  All  departments, divisions, bureaus, commissions, districts or
 agencies of the state or any political subdivisions  thereof  shall,  at
 the  request of the chairman of the metropolitan transportation authori-
 ty, provide the authority with facilities, assistance and data that will
 enable the authority to carry out its powers and duties under this act.
   § 5. Within one hundred twenty days after the effective date  of  this
 act,  the  chairman  of  the metropolitan transportation authority shall
 submit a written report to the  governor,  temporary  president  of  the
 senate,  speaker of the assembly and mayor of the city of New York, with
 the findings and recommendations of the study conducted pursuant to this
 act.
   § 6. This act shall take effect immediately.