Bill Text: NY S05802 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Directs the metropolitan transportation authority, in conjunction with the Long Island Rail Road and the Metro-North Commuter Railroad, to identify flammable or hazardous materials near above-ground and grade level tracks and make recommendations for removal of such materials.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO TRANSPORTATION [S05802 Detail]

Download: New_York-2021-S05802-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5802

                               2021-2022 Regular Sessions

                    IN SENATE

                                     March 18, 2021
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation

        AN ACT to direct the metropolitan transportation authority  to  identify
          flammable  or  hazardous  materials  near above-ground and grade level
          tracks

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The metropolitan transportation authority, in consultation
     2  with the Long Island Rail Road, the Metro-North  Commuter  Railroad  and
     3  other  relevant agencies, including but not limited to the New York city
     4  department of transportation and the state department of transportation,
     5  shall conduct a study to examine  the  industrial  areas  located  under
     6  above-ground  LIRR  and  Metro-North  tracks and adjacent to grade level
     7  tracks to identify unsafe and flammable materials that  are  exposed  to
     8  commuter operations.
     9    § 2. For purposes of this act:
    10    (a) "LIRR" shall mean the Long Island Rail Road;
    11    (b) "Metro-North" shall mean the Metro-North Commuter Railroad; and
    12    (c)  "grade  level" shall mean where a track intersects with a highway
    13  on the same level as the highway.
    14    § 3. Such study shall include, but not be limited to:
    15    (a) an inspection of the industrial areas located  under  above-ground
    16  LIRR  and  Metro-North tracks and adjacent to grade level tracks for the
    17  purpose of identifying materials that may be hazardous or flammable. The
    18  size of such area of inspection shall be determined by the  metropolitan
    19  transportation authority;
    20    (b)  an  analysis of potential methods for removal of the hazardous or
    21  flammable materials, if such materials are identified;
    22    (c) an analysis of the cost and economic impact of removing such mate-
    23  rials;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06680-02-1
        S. 5802                             2

     1    (d) recommendations on how to maintain areas below or adjacent to such
     2  tracks to keep them free from hazardous or flammable materials; and
     3    (e) any other issues related to the safety of such areas as determined
     4  by the chairman of the metropolitan transportation authority.
     5    §  4.  All  departments, divisions, bureaus, commissions, districts or
     6  agencies of the state or any political subdivisions  thereof  shall,  at
     7  the  request of the chairman of the metropolitan transportation authori-
     8  ty, provide the authority with facilities, assistance and data that will
     9  enable the authority to carry out its powers and duties under this act.
    10    § 5. Within one hundred twenty days after the effective date  of  this
    11  act,  the  chairman  of  the metropolitan transportation authority shall
    12  submit a written report to the  governor,  temporary  president  of  the
    13  senate,  speaker of the assembly and mayor of the city of New York, with
    14  the findings and recommendations of the study conducted pursuant to this
    15  act.
    16    § 6. This act shall take effect immediately.