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A08040 Summary:

BILL NOA08040
 
SAME ASSAME AS S05516-A
 
SPONSORMcMahon
 
COSPNSR
 
MLTSPNSR
 
Add §72-a, Rail L
 
Requires 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 including, but not be limited to, a review of tracks, safety equipment, including brakes, and train cars.
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A08040 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8040
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 22, 2025
                                       ___________
 
        Introduced  by M. of A. McMAHON -- read once and referred to the Commit-
          tee 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:
 
     1    Section 1. The railroad law is amended by adding a new section 72-a to
     2  read as follows:
     3    § 72-a. Freight train inspections. 1. Every railroad corporation which
     4  operates any freight train within the state shall conduct  a  comprehen-
     5  sive  safety  inspection  when a freight train is parked in a train yard
     6  prior to traveling on tracks within the state.  Such  safety  inspection
     7  shall include, but not be limited to, a review of tracks, wheels, safety
     8  equipment,  including  brakes and bearings, and train cars.  The depart-
     9  ment of transportation shall compare such safety inspection results with
    10  the inspection the railroad corporation conducted prior  to  originating
    11  the entire planned trip.
    12    2.  Every railroad corporation which operates any freight train within
    13  the state shall have a minimum of two qualified car inspectors on either
    14  side of a freight train as it leaves a rail yard to observe  for  safety
    15  issues.
    16    3.  The commissioner 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,  further, 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
    22  court of competent jurisdiction finally determines that this  act  would
    23  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.
                                                                   LBD03019-03-5

        A. 8040                             2
 
     1  and provided, further, that the  commissioner  of  transportation  shall
     2  notify  the  legislative bill drafting commission upon the occurrence of
     3  such determination in order that the commission may maintain an accurate
     4  and  timely  effective data base of the official text of the laws of the
     5  state of New York in  furtherance  of  effectuating  the  provisions  of
     6  section  44  of the legislative law and section 70-b of the public offi-
     7  cers law.  Effective immediately, the addition, amendment and/or  repeal
     8  of  any  rule or regulation necessary for the implementation of this act
     9  on its effective date are authorized to be  made  and  completed  on  or
    10  before such effective date.
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