S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6435
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2023
                                ___________
 
 Introduced  by  Sens.  WEBER, ROLISON -- 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  penalties  for
   individuals,  corporations,  companies,  and associations that violate
   rules and regulations related to braking systems, steering components,
   coupling devices, and the transportation of hazardous  materials;  and
   to repeal certain provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and  intent.  In  response  to  recent
 events  in  Rockland  County  that caused massive damage and the Norfolk
 Southern derailment that released flammable chemicals  into  surrounding
 areas  of  East Palestine, Ohio, it is imperative to protect New Yorkers
 from the disastrous effects of train accidents. Railroad companies  must
 ensure  that  their  trains  are safe before they drive them through our
 communities and minimize the risk to the  citizens  they  roll  by.  The
 legislature  finds  that  it  is  critical  to  hold rail companies that
 woefully act in a negligent manner  accountable  for  the  personal  and
 environmental harm that they cause.
   § 2. Paragraph (b) of subdivision 4 of section 14-f of the transporta-
 tion  law  is  REPEALED  and  a  new  paragraph  (b) is added to read as
 follows:
   (B) (I) ANY PERSON FOUND GUILTY OF VIOLATING ANY SUCH RULES  OR  REGU-
 LATIONS  INVOLVING  AN  OUT-OF-SERVICE DEFECT RELATING TO BRAKE SYSTEMS,
 STEERING COMPONENTS AND/OR COUPLING DEVICES SHALL BE SUBJECT TO  A  FINE
 OF  NO MORE THAN ONE THOUSAND DOLLARS, BY IMPRISONMENT FOR NOT MORE THAN
 SIXTY DAYS, OR BY BOTH SUCH FINE  AND  IMPRISONMENT.  UPON  BEING  FOUND
 GUILTY  OF  A  SECOND  OR  SUBSEQUENT  OFFENSE COMMITTED WITHIN EIGHTEEN
 MONTHS, A FINE OF NOT LESS THAN ONE THOUSAND FIVE  HUNDRED  DOLLARS  NOR
 MORE  THAN  TWO  THOUSAND  FIVE HUNDRED DOLLARS, BY IMPRISONMENT FOR NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10729-04-3
 S. 6435                             2
              

 
 MORE THAN NINETY DAYS, OR BY BOTH SUCH FINE AND  IMPRISONMENT  SHALL  BE
 ADMINISTERED.
   (II)  ANY  RAILROAD  CORPORATION,  COMPANY, ASSOCIATION OR PARTNERSHIP
 FOUND GUILTY OF VIOLATING ANY SUCH RULES  OR  REGULATIONS  INVOLVING  AN
 OUT-OF-SERVICE  DEFECT  RELATING  TO BRAKE SYSTEMS, STEERING COMPONENTS,
 AND/OR COUPLING DEVICES SHALL BE SUBJECT TO A  FINE  OF  NOT  LESS  THAN
 TWENTY-FIVE  THOUSAND  DOLLARS  NOR MORE THAN ONE HUNDRED FIFTY THOUSAND
 DOLLARS.
   (III) ANY RAILROAD COMPANY, CORPORATION, ASSOCIATION,  OR  PARTNERSHIP
 FOUND  GUILTY  OF  VIOLATING  ANY  SUCH RULE OR REGULATION INVOLVING THE
 TRANSPORTATION OF HAZARDOUS MATERIALS SHALL BE SUBJECT TO A FINE OF  NOT
 LESS  THAN  FIFTY THOUSAND DOLLARS NOR MORE THAN TWO HUNDRED FIFTY THOU-
 SAND DOLLARS.
   (IV) ANY RAILROAD COMPANY, CORPORATION,  ASSOCIATION,  OR  PARTNERSHIP
 FOUND  GUILTY OF VIOLATING ANY PROVISION OF THIS SECTION SHALL BE LIABLE
 FOR ANY DAMAGE INCURRED AS A  RESULT  OF  THE  VIOLATION  AND  SHALL  BE
 ORDERED  TO  PAY RESTITUTION OR REPARATION FOR ANY COSTS INCURRED FROM A
 VIOLATION OF THIS SECTION, INCLUDING BUT NOT LIMITED TO,  COSTS  RELATED
 TO  ENVIRONMENTAL  REMEDIATION  AND  RESIDENTIAL  RELOCATION OF AFFECTED
 AREAS, OR COSTS INCURRED BY THE STATE OF NEW YORK OR A MUNICIPALITY.
   § 3. This act shall take effect immediately.