S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6923
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2023
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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  railroad
   corporations  to  conduct  a  comprehensive  safety  inspection when a
   freight train is parked in a train yard prior to traveling  on  tracks
   within the state
 
   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 72-a to
 read as follows:
   § 72-A. FREIGHT TRAIN INSPECTIONS. 1. EVERY RAILROAD CORPORATION WHICH
 OPERATES ANY FREIGHT TRAIN WITHIN THE STATE SHALL CONDUCT  A  COMPREHEN-
 SIVE  SAFETY  INSPECTION  WHEN A FREIGHT TRAIN IS PARKED IN A TRAIN YARD
 PRIOR TO TRAVELING ON TRACKS WITHIN THE STATE.  SUCH  SAFETY  INSPECTION
 SHALL INCLUDE, BUT NOT BE LIMITED TO, A REVIEW OF TRACKS, WHEELS, SAFETY
 EQUIPMENT,  INCLUDING  BRAKES AND BEARINGS, AND TRAIN CARS.  THE DEPART-
 MENT OF TRANSPORTATION SHALL COMPARE SUCH SAFETY INSPECTION RESULTS WITH
 THE INSPECTION THE RAILROAD CORPORATION CONDUCTED PRIOR  TO  ORIGINATING
 THE ENTIRE PLANNED TRIP.
   2.  EVERY RAILROAD CORPORATION WHICH OPERATES ANY FREIGHT TRAIN WITHIN
 THE STATE SHALL HAVE A MINIMUM OF TWO SAFETY INSPECTORS ON  EITHER  SIDE
 OF  A  FREIGHT  TRAIN  AS  IT  LEAVES  A RAIL YARD TO OBSERVE FOR SAFETY
 ISSUES.
   3. THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS  NECES-
 SARY FOR THE IMPLEMENTATION OF THIS SECTION.
   §  2.  This  act shall take effect on the thirtieth day 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 repealed if any federal agency determines in writing that this act would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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10657-02-3
              

 S. 6923                             2
 
 and  provided,  further,  that  the commissioner of transportation shall
 notify the legislative bill drafting commission upon the  occurrence  of
 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 section 70-b of the public offi-
 cers 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.