NY State Senate Bill 2025-S5713

Senate Bill S5713

2025-2026 Legislative Session

Requires railroad corporations to inform the division of homeland security and emergency services, department of environmental conservation, and department of transportation about certain freight rail trains

download bill text pdf

Current Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2025	referred to transportation

co-Sponsors

2025-S5713 (ACTIVE) - Details

See Assembly Version of this Bill:: A1002
Current Committee:: Senate Transportation
Law Section:: Railroad Law
Laws Affected:: Add §109, Rail L
Versions Introduced in 2023-2024 Legislative Session:: S6924, A10675

2025-S5713 (ACTIVE) - Summary

Requires railroad corporations to inform the division of homeland security and emergency services, department of environmental conservation and department of transportation about freight rail trains transporting hazardous materials prior to traveling on tracks within the state.

2025-S5713 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5713

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the railroad law, in relation to requiring railroad
corporations to inform the division of homeland security and emergency
services, department of environmental conservation, and department of
transportation about freight rail trains transporting hazardous materi-
als prior to traveling on tracks within the state

 
PURPOSE:

Requires railroad corporations to inform the Department of Environmental
Conservation and the Department of Transportation about freight rail
trains transporting hazardous materials prior to traveling on tracks
within the state

 
SUMMARY OF PROVISIONS:

Section 1. Amends the railroad law by adding a new section 109 to
require every railroad corporation which operates any freight train

within the state to inform the Department of Environmental Conservation
and the Department of Transportation about freight rail trains trans-
porting hazardous materials prior to traveling on tracks within the
state. Establishes that such information must include the same informa-
tion required to be provided to local municipalities pursuant to the
federal FAST Act.

Establishes that the information provided shall be confidential and
shall not be subject to disclosure under article six of the public offi-
cers law or any other provision of law. Empower the commissioner to
promulgate all rules and regulations necessary for the implementation of
this section.

Section 2. Effective date.

 
JUSTIFICATION:

The East Palestine train derailment released hazardous materials,
including vinyl chloride, a toxic flammable gas, into the air, surface
soil, and surface waters. According to the Ohio Department of Natural
Resources, the spill affected about seven and a half miles of stream and
killed an estimated 3,500 fish. This incident has raised concerns about
the health and safety of East Palestine residents, as many have contin-
ued to report an array of lingering symptoms, including headaches and
rashes.

Hazardous material leakage poses a significant threat to our environment
and the safety and well-being of the state's people. This legislation
requires every railroad corporation operating any freight train within
the state to inform the Department of Environmental Conservation (DEC)
and the Department of Transportation (DOT) about freight rail trains
transporting hazardous materials before traveling on tracks within the
state. This critical information will ensure that the DOT and DEC can
act swiftly in the event of a leakage of hazardous materials within the
state.


It is of paramount importance that the State take the precautionary
measures necessary to protect both our environment and the public.  The
enactment of this legislation will serve as an additional safeguard for
the people of the State by facilitating a timely and efficient response
by first responders in the event of any leakage of harmful chemicals.

 
LEGISLATIVE HISTORY: Senate

2023: S6924, Passed Senate

2024: S6924, Passed Senate

Assembly

2023: N/A

2024: A10675, Referred to Transportation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
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.

2025-S5713 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5713
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced  by  Sens. SKOUFIS, ADDABBO, MAY, ROLISON, WEBB -- 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 inform the division of homeland security and emergency
   services,  department of environmental conservation, and department of
   transportation about freight rail trains transporting hazardous  mate-
   rials 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 109  to
 read as follows:
   § 109. TRANSPORTATION OF HAZARDOUS MATERIALS. 1. EVERY RAILROAD CORPO-
 RATION  WHICH  OPERATES  ANY FREIGHT TRAIN WITHIN THE STATE SHALL INFORM
 THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, DEPARTMENT  OF
 ENVIRONMENTAL  CONSERVATION,  AND  DEPARTMENT  OF  TRANSPORTATION  ABOUT
 FREIGHT RAIL TRAINS TRANSPORTING HAZARDOUS MATERIALS PRIOR TO  TRAVELING
 ON  TRACKS  WITHIN  THE  STATE,  AND SHALL PROMPTLY UPDATE THE HAZARDOUS
 WASTE MANIFEST. SUCH INFORMATION TO BE PROVIDED PURSUANT TO THIS SECTION
 SHALL INCLUDE THE SAME INFORMATION REQUIRED  TO  BE  PROVIDED  TO  LOCAL
 MUNICIPALITIES  PURSUANT TO PUBLIC LAW 114-94, THE FEDERAL FIXING AMERI-
 CA'S SURFACE TRANSPORTATION ACT.
   2. INFORMATION PROVIDED PURSUANT TO SUBDIVISION ONE  OF  THIS  SECTION
 SHALL BE CONFIDENTIAL AND SHALL NOT BE SUBJECT TO DISCLOSURE UNDER ARTI-
 CLE SIX OF THE PUBLIC OFFICERS LAW OR ANY OTHER PROVISION OF LAW.
   3. THE COMMISSIONERS 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, however, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01315-01-5

 S. 5713                             2
 
 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
 legislative  bill  drafting  commission  upon  any 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 legisla-
 tive law and section 70-b of the public officers  law.  Effective  imme-
 diately, 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.

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Senate Bill S5713

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Sponsored By

James Skoufis

Current Bill Status - In Senate Committee Transportation Committee

co-Sponsors

Joseph P. Addabbo Jr.

Rachel May

Rob Rolison

Lea Webb

2025-S5713 (ACTIVE) - Details

2025-S5713 (ACTIVE) - Summary

2025-S5713 (ACTIVE) - Sponsor Memo

2025-S5713 (ACTIVE) - Bill Text download pdf

Comments