S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5775
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 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 railroad  law,  in  relation  to  requiring  certain
   trains  and  locomotives  to  have  a  crew  size of not less than two
   persons; and providing for the repeal of such provisions upon  expira-
   tion thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The railroad law is amended by adding a new section 63-a to
 read as follows:
   § 63-A. MINIMUM CREW SIZE. 1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVI-
 SION TWO OF THIS SECTION, NO PERSON OPERATING OR CONTROLLING ANY CLASS I
 OR CLASS II RAILROAD SHALL ALLOW THE OPERATION OF ANY RAILROAD TRAIN  OR
 LOCOMOTIVE  FOR  THE MOVEMENT OF FREIGHT IN THIS STATE UNLESS SUCH RAIL-
 ROAD TRAIN OR LOCOMOTIVE HAS A CREW OF NOT LESS THAN TWO INDIVIDUALS.
   2. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL  NOT  APPLY
 TO A RAILROAD TRAIN OR LOCOMOTIVE ENGAGED IN SWITCHING SERVICE.
   3. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   (A)  "CLASS I RAILROAD" MEANS A RAILROAD THAT HAS BEEN CLASSIFIED AS A
 CLASS I RAILROAD BY THE FEDERAL SURFACE TRANSPORTATION BOARD IN  ACCORD-
 ANCE WITH 49 C.F.R. PART 1201 SECTION 1-1.
   (B) "CLASS II RAILROAD" MEANS A RAILROAD THAT HAS BEEN CLASSIFIED AS A
 CLASS II RAILROAD BY THE FEDERAL SURFACE TRANSPORTATION BOARD IN ACCORD-
 ANCE WITH 49 C.F.R. PART 1201 SECTION 1-1.
   (C)  "LOCOMOTIVE"  MEANS  A SELF-PROPELLED PIECE OF ON-TRACK EQUIPMENT
 DESIGNED FOR MOVING OR  PROPELLING  CARS  THAT  ARE  DESIGNED  TO  CARRY
 FREIGHT,  PASSENGERS,  OR  OTHER  EQUIPMENT,  BUT  WHICH  ITSELF  IS NOT
 DESIGNED OR INTENDED TO CARRY  FREIGHT,  PASSENGERS  (OTHER  THAN  THOSE
 OPERATING THE LOCOMOTIVE) OR OTHER EQUIPMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10265-01-3
 S. 5775                             2
              

 
   (D)  "RAILROAD" MEANS A COMMERCIAL ENTITY THAT OPERATES LOCOMOTIVES TO
 TRANSPORT PASSENGERS OR FREIGHT.
   (E)  "SWITCHING SERVICE" MEANS THE CLASSIFICATION OF RAIL CARS ACCORD-
 ING TO COMMODITY OR DESTINATION; ASSEMBLY OF RAIL CARS FOR  TRAIN  MOVE-
 MENTS;  CHANGING  THE  POSITION  OF  RAIL  CARS FOR PURPOSES OF LOADING,
 UNLOADING OR WEIGHING; PLACING OF LOCOMOTIVES AND RAIL CARS  FOR  REPAIR
 OR  STORAGE; OR MOVING OF RAIL EQUIPMENT IN CONNECTION WITH WORK SERVICE
 THAT DOES NOT CONSTITUTE TRAIN MOVEMENT.
   (F) "TRAIN" MEANS ONE OR MORE LOCOMOTIVES,  COUPLED  WITH  OR  WITHOUT
 CARS.
   4.  A  VIOLATION  OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
 SHALL BE PUNISHABLE BY A CIVIL PENALTY IN AN AMOUNT OF NOT LESS THAN TWO
 HUNDRED FIFTY DOLLARS NOR MORE THAN ONE THOUSAND  DOLLARS  FOR  A  FIRST
 VIOLATION;  FOR A SECOND VIOLATION BOTH OF WHICH WERE COMMITTED WITHIN A
 PERIOD OF THREE YEARS BY A CIVIL PENALTY OF NOT LESS THAN  ONE  THOUSAND
 DOLLARS  NOR  MORE THAN FIVE THOUSAND DOLLARS; AND FOR A THIRD OR SUBSE-
 QUENT VIOLATION ALL OF WHICH WERE COMMITTED WITHIN  A  PERIOD  OF  THREE
 YEARS,  BY  A  CIVIL  PENALTY OF NOT LESS THAN FIVE THOUSAND DOLLARS NOR
 MORE THAN TEN THOUSAND DOLLARS.
   § 2. Severability. If any clause,  sentence,  subdivision,  paragraph,
 section or part of this act be adjudged by any court of competent juris-
 diction  to  be  invalid, or if any federal agency determines in writing
 that this act would render New York state ineligible for the receipt  of
 federal    funds,    such  judgment  or  written determination shall not
 affect, impair  or  invalidate  the  remainder  thereof,  but  shall  be
 confined  in  its  operation to the clause, sentence, subdivision, para-
 graph, section or part thereof directly involved in the  controversy  in
 which such judgment or written determination shall have been rendered.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided, however, that this act shall expire and  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;  provided, further, that the commissioner of transporta-
 tion shall notify the legislative   bill drafting  commission  upon  the
 occurrence  of  the  provisions of section two of this act 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
 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.