Directs the metropolitan transportation authority, in conjunction with the Long Island Rail Road, 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
________________________________________________________________________
4922
2023-2024 Regular Sessions
IN ASSEMBLY
February 27, 2023
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
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 and other relevant agencies, including
3 but not limited to the New York city department of transportation and
4 the state department of transportation, shall conduct a study to examine
5 the industrial areas located under above-ground LIRR tracks and adjacent
6 to grade level tracks to identify unsafe and flammable materials that
7 are exposed to commuter operations.
8 § 2. For purposes of this act:
9 (a) "LIRR" shall mean the Long Island Rail Road; and
10 (b) "grade level" shall mean where a track intersects with a highway
11 on the same level as the highway.
12 § 3. Such study shall include, but not be limited to:
13 (a) an inspection of the industrial areas located under above-ground
14 LIRR tracks and adjacent to grade level tracks for the purpose of iden-
15 tifying materials that may be hazardous or flammable. The size of such
16 area of inspection shall be determined by the metropolitan transporta-
17 tion authority;
18 (b) an analysis of potential methods for removal of the hazardous or
19 flammable materials, if such materials are identified;
20 (c) an analysis of the cost and economic impact of removing such mate-
21 rials;
22 (d) recommendations on how to maintain areas below or adjacent to such
23 tracks to keep them free from hazardous or flammable materials; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04597-02-3
A. 4922 2
1 (e) any other issues related to the safety of such areas as determined
2 by the chairman of the metropolitan transportation authority.
3 § 4. All departments, divisions, bureaus, commissions, districts or
4 agencies of the state or any political subdivisions thereof shall, at
5 the request of the chairman of the metropolitan transportation authori-
6 ty, provide the authority with facilities, assistance and data that will
7 enable the authority to carry out its powers and duties under this act.
8 § 5. Within one hundred twenty days after the effective date of this
9 act, the chairman of the metropolitan transportation authority shall
10 submit a written report to the governor, temporary president of the
11 senate, speaker of the assembly and mayor of the city of New York, with
12 the findings and recommendations of the study conducted pursuant to this
13 act.
14 § 6. This act shall take effect immediately.
