S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6934
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the transportation law, in  relation  to  requiring  the
   department  of  transportation to promulgate rules and regulations for
   the installation of heat safety gauges on freight rail tracks; and  to
   amend  the  railroad law, in relation to requiring the installation of
   positive train control systems on all freight rail trains operating in
   the state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 14 of the transportation law is amended by adding a
 new subdivision 37 to read as follows:
   37.  (A)  TO  PROMULGATE RULES AND REGULATIONS REQUIRING EVERY FREIGHT
 RAILROAD CORPORATION INCORPORATED PURSUANT TO THE PROVISIONS OF  SECTION
 FIVE  OF  THE  RAILROAD LAW TO INSTALL HEAT SAFETY GAUGES OR HOT BEARING
 DETECTORS ON ALL FREIGHT RAIL TRACKS WITHIN THE STATE OPERATED  BY  SUCH
 CORPORATION  IN  ACCORDANCE  WITH NATIONAL BEST PRACTICES, BUT IN INCRE-
 MENTS OF NO GREATER THAN FIFTEEN  MILES.  PROVIDED,  ADDITIONALLY,  THAT
 SUCH  GAUGES OR DETECTORS SHALL BE INSTALLED IN LOCATIONS BEFORE A ROUTE
 SERVES MAJOR URBANIZED AREAS. SUCH  RULES  AND  REGULATIONS  SHALL  ALSO
 PRESCRIBE  A  PROCESS FOR IMMEDIATELY NOTIFYING THE COMMISSIONER AND THE
 FEDERAL RAILROAD ADMINISTRATION IF SUCH A GAUGE  OR  DETECTOR  INDICATES
 THAT  TEMPERATURE  DIFFERENCES  BETWEEN  BEARINGS  ON  THE SAME AXLE ARE
 GREATER THAN OR EQUAL TO ONE HUNDRED FIFTEEN DEGREES FAHRENHEIT.
   (B) WITHIN ONE YEAR OF THE EFFECTIVE DATE  OF  THIS  SUBDIVISION,  THE
 DEPARTMENT  SHALL  CONDUCT  A  STUDY  ON THE BENEFITS OF INSTALLING HEAT
 SAFETY GAUGES OR HOT BEARING DETECTORS AT CLOSER INTERVALS IN MORE POPU-
 LATED AREAS, AND SHALL UPDATE  THE  RULES  AND  REGULATIONS  PROMULGATED
 PURSUANT TO THIS SUBDIVISION BASED UPON THE RESULTS OF SUCH STUDY.
   §  2. The railroad law is amended by adding a new section 77-d to read
 as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10521-02-3
              

 S. 6934                             2
 
   § 77-D. POSITIVE TRAIN CONTROL SYSTEMS. (A) NO FREIGHT TRAIN SHALL  BE
 OPERATED  WITHIN THE STATE WITHOUT A PROPERLY FUNCTIONING POSITIVE TRAIN
 CONTROL SYSTEM. THE COMMISSIONER SHALL PROMULGATE ALL  RULES  AND  REGU-
 LATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS SECTION.
   (B)  WHENEVER  THE  COMMISSIONER  OF  TRANSPORTATION SHALL CAUSE TO BE
 PERSONALLY SERVED UPON ANY RAILROAD CORPORATION CONTROLLING  ANY  TUNNEL
 OR PART OF A TUNNEL OR TRACK IN THIS STATE FOR THE PURPOSE OF TRANSPORT-
 ING  OR  DELIVERING  FREIGHT  FOR  COMPENSATION,  BY  DELIVERING  A COPY
 PERSONALLY TO THE PRESIDENT, GENERAL MANAGER OR  ANY  DIRECTOR  OF  SUCH
 CORPORATION OF A NOTICE OR ORDER OF SAID COMMISSIONER OF TRANSPORTATION,
 STATING   AND SPECIFYING THE DEFICIENCIES OR FAILURES CAUSING SUCH RAIL-
 ROAD CORPORATION TO BE OPERATING A  FREIGHT  TRAIN  WITHOUT  A  PROPERLY
 FUNCTIONING POSITIVE TRAIN CONTROL SYSTEM, SAID CORPORATION SHALL, WITH-
 IN TEN DAYS FROM AND AFTER THE SERVICE OF SUCH NOTICE OR ORDER AS AFORE-
 SAID,  CAUSE SAID INFRASTRUCTURE OR RIGHT OF WAY SO USED BY IT AS AFORE-
 SAID TO FUNCTION PROPERLY, IN THE MANNER AND BY THE MEANS AND USE OF THE
 MECHANICAL APPARATUS AND APPLIANCES SPECIFIED AND POINTED  OUT  IN  SAID
 NOTICE OR ORDER.
   (C) AFTER  THE  EXPIRATION  OF TEN DAYS FROM THE SERVICE OF SUCH ORDER
 OR NOTICE SPECIFIED IN THIS SECTION, AS THEREIN DIRECTED, IF SUCH CORPO-
 RATION  SHALL  NOT  HAVE  FULLY  COMPLIED WITH SUCH NOTICE OR ORDER, THE
 COMMISSIONER  OF  TRANSPORTATION  MAY  COMMENCE  AN  ACTION  OR  SPECIAL
 PROCEEDING  HEREUNDER,  OR  UNDER THE TRANSPORTATION LAW, IN THE SUPREME
 COURT FOR A JUDGMENT TO  COMPEL  SUCH  CORPORATION  OR  CORPORATIONS  SO
 NEGLECTING  OR  REFUSING TO OBEY AND COMPLY WITH SAID ORDER OR NOTICE TO
 COMPLY WITH AND OBEY SAID NOTICE OR ORDER, AND  SAID  COURT  SHALL  HAVE
 FULL  POWER  AND  AUTHORITY TO HEAR AND DETERMINE SUCH MATTER, AND AFTER
 GIVING THE CORPORATION OR CORPORATIONS PROCEEDED AGAINST AN  OPPORTUNITY
 TO  BE  HEARD  IN  ITS OR THEIR   DEFENSE, TO COMPEL SUCH CORPORATION OR
 CORPORATIONS SO PROCEEDED AGAINST TO OBEY  SUCH  ORDER  OR  NOTICE,  AND
 FORTHWITH  COMPLY  WITH  AND  CARRY  OUT THE PROVISIONS AND REQUIREMENTS
 THEREIN CONTAINED.
   (D) EVERY CORPORATION VIOLATING ANY OF THE PROVISIONS OF THIS  SECTION
 SHALL  BE  GUILTY OF A MISDEMEANOR AND MAY BE INDICTED THEREFOR, AND MAY
 BE COMPELLED TO APPEAR AND   PLEAD TO  AN  INDICTMENT  THEREFOR  IN  THE
 PERSON  OF  ITS PRESIDENT, SECRETARY, TREASURER OR ANY DIRECTOR THEREOF,
 AND A BENCH WARRANT MAY ISSUE OUT OF ANY COMPETENT COURT TO COMPEL  SUCH
 ATTENDANCE AND PLEADING, AND, UPON CONVICTION THEREOF, SUCH CORPORATIONS
 SHALL  BE  PUNISHED BY A FINE OF ONE THOUSAND DOLLARS, AND AN ADDITIONAL
 FINE OF FIVE HUNDRED DOLLARS  A DAY FOR EACH AND EVERY DAY OR PART OF  A
 DAY  AFTER THIRTY DAYS FROM THE DUE SERVICE OF SAID NOTICE OR ORDER THAT
 SAID CORPORATION SHALL REFUSE OR NEGLECT  TO  OBEY  AND  CARRY  OUT  THE
 REQUIREMENTS  AND  PROVISIONS OF THE SAME, AND DULY SENTENCED TO PAY THE
 SAME.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  two  of this act shall take effect one year after it shall have
 become a law. Provided, further, that this act shall be deemed  repealed
 if  any  federal agency determines in writing that this act would render
 New York state ineligible for the receipt of federal funds or any  court
 of  competent jurisdiction finally determines that this act would render
 New York state out of compliance with federal  law  or  regulation;  and
 provided that the commissioner of transportation shall notify the legis-
 lative  bill  drafting  commission upon such determination in order that
 the commission may maintain an accurate and timely effective  data  base
 of the official text of the laws of the state of New York in furtherance
 of  effectuating the provisions of section 44 of the legislative law and
 S. 6934                             3
 
 section 70-b of the public  officers  law.  Effective  immediately,  the
 addition,  amendment  and/or  repeal of any rule or regulation necessary
 for the implementation of this act on its effective date are  authorized
 to be made and completed on or before such effective date.