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.
STATE OF NEW YORK
________________________________________________________________________
4235
2025-2026 Regular Sessions
IN SENATE
February 3, 2025
___________
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.
LBD05469-01-5
S. 4235 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 chair 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 chair of the metropolitan transportation authority,
8 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 chair of the metropolitan transportation authority shall submit
12 a written report to the governor, temporary president of the senate,
13 speaker of the assembly and mayor of the city of New York, with the
14 findings and recommendations of the study conducted pursuant to this
15 act.
16 § 6. This act shall take effect immediately.
