Bill Text: NY A01002 | 2025-2026 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-08 - referred to transportation [A01002 Detail]

Download: New_York-2025-A01002-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1002

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred 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:

     1    Section 1. The railroad law is amended by adding a new section 109  to
     2  read as follows:
     3    § 109. Transportation of hazardous materials. 1. Every railroad corpo-
     4  ration  which  operates  any freight train within the state shall inform
     5  the division of homeland security and emergency services, department  of
     6  environmental  conservation,  and  department  of  transportation  about
     7  freight rail trains transporting hazardous materials prior to  traveling
     8  on  tracks  within  the  state,  and shall promptly update the hazardous
     9  waste manifest. Such information to be provided pursuant to this section
    10  shall include the same information required  to  be  provided  to  local
    11  municipalities  pursuant to Public Law 114-94, the federal Fixing Ameri-
    12  ca's Surface Transportation Act.
    13    2. Information provided pursuant to subdivision one  of  this  section
    14  shall be confidential and shall not be subject to disclosure under arti-
    15  cle six of the public officers law or any other provision of law.
    16    3. The commissioners shall promulgate all rules and regulations neces-
    17  sary for the implementation of this section.
    18    §  2.  This  act shall take effect on the thirtieth day after it shall
    19  have become a law; provided, however, that  this  act  shall  be  deemed
    20  repealed if any federal agency determines in writing that this act would
    21  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
        A. 1002                             2

     1  court  of  competent jurisdiction finally determines that this act would
     2  render New York state out of compliance with federal law or  regulation;
     3  and  provided  that  the commissioner of transportation shall notify the
     4  legislative  bill  drafting  commission  upon  any such determination in
     5  order that the commission may maintain an accurate and timely  effective
     6  data  base  of the official text of the laws of the state of New York in
     7  furtherance of effectuating the provisions of section 44 of the legisla-
     8  tive law and section 70-b of the public officers  law.  Effective  imme-
     9  diately, the addition, amendment and/or repeal of any rule or regulation
    10  necessary  for  the implementation of this act on its effective date are
    11  authorized to be made and completed on or before such effective date.