Bill Text: NY A04663 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the transportation law, in relation to requiring all railroads transporting hazardous materials through the counties of Nassau and Suffolk to give advance notice to the Metropolitan Transportation Authority, local governments and municipalities, and law enforcement and first responder personnel located within a quarter mile of the railroad tracks

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2010-01-06 - referred to transportation [A04663 Detail]

Download: New_York-2009-A04663-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4663
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 5, 2009
                                      ___________
       Introduced by M. of A. SCHIMEL, FIELDS -- Multi-Sponsored by -- M. of A.
         EDDINGTON,  WEISENBERG  --  read once and referred to the Committee on
         Transportation
       AN ACT to amend the transportation law, in  relation  to  requiring  all
         railroads  transporting  hazardous  materials  through the counties of
         Nassau and Suffolk to give advance notice to the  Metropolitan  Trans-
         portation  Authority,  local  governments  and municipalities, and law
         enforcement and first responder personnel  located  within  a  quarter
         mile of the railroad tracks
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 14-f of the transportation law  is
    2  amended by adding a new paragraph (c) to read as follows:
    3    (C)  NOTWITHSTANDING  ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, ALL
    4  RAILROADS TRANSPORTING  HAZARDOUS  MATERIALS  THROUGH  THE  COUNTIES  OF
    5  NASSAU AND SUFFOLK SHALL, AT LEAST TWENTY-FOUR HOURS PRIOR TO COMMENCING
    6  ANY  SUCH  TRANSPORT,  NOTIFY THE METROPOLITAN TRANSPORTATION AUTHORITY,
    7  ALL LOCAL GOVERNMENTS AND MUNICIPALITIES, AND LAW ENFORCEMENT AND  FIRST
    8  RESPONDER PERSONNEL LOCATED WITHIN A QUARTER MILE OF THE RAILROAD TRACKS
    9  ON  WHICH  THE  HAZARDOUS MATERIAL IS BEING TRANSPORTED OF THE IMPENDING
   10  TRANSPORT. SUCH NOTIFICATION SHALL BE GIVEN IN SUCH FORM AND  MANNER  AS
   11  PRESCRIBED BY THE DEPARTMENT.
   12    (I) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "RAILROAD" SHALL MEAN
   13  A  PRIVATE  OR  PUBLIC  RAILROAD OPERATING IN THE COUNTIES OF NASSAU AND
   14  SUFFOLK CARRYING EITHER FREIGHT OR FREIGHT AND PASSENGERS INCLUDING, BUT
   15  NOT LIMITED TO, THOSE OPERATED BY THE AUTHORITY  AND  ITS  SUBSIDIARIES,
   16  THE  LONG  ISLAND RAIL ROAD, THE METRO-NORTH RAILROAD, THE STATEN ISLAND
   17  RAPID TRANSIT OPERATING AUTHORITY, THE NEW YORK CITY TRANSIT  AUTHORITY,
   18  ANY  OTHER PUBLIC AUTHORITY OR LOCAL GOVERNMENT, OR ANY PRIVATE RAILROAD
   19  ENTITY OPERATING ON TRACKS OF THE LONG ISLAND RAIL ROAD.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05648-01-9
       A. 4663                             2
    1    (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY IN THE  CASE  OF
    2  AN EMERGENCY AS DESIGNATED BY THE DEPARTMENT.
    3    S  2.  This  act shall take effect on the thirtieth day after it shall
    4  have become a law.