Alters penalties for individuals, corporations, companies, and associations that violate rules and regulations related to braking systems, steering components, coupling devices, and the transportation of hazardous materials.
STATE OF NEW YORK
________________________________________________________________________
6808
2023-2024 Regular Sessions
IN ASSEMBLY
May 8, 2023
___________
Introduced by M. of A. MCGOWAN -- read once and referred to the Commit-
tee on Transportation
AN ACT to amend the transportation law, in relation to penalties for
individuals, corporations, companies, and associations that violate
rules and regulations related to braking systems, steering components,
coupling devices, and the transportation of hazardous materials; and
to repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. In response to a Northern
2 Southern corporation derailment that released flammable chemicals into
3 surrounding areas of East Palestine, Ohio, it is imperative to protect
4 New Yorkers from incidents involving the transportation of hazardous
5 materials. Railroad companies transporting hazardous materials must
6 minimize the risk to the communities that the trains run through. The
7 legislature finds that it is critical to hold rail companies that
8 woefully act in a negligent manner accountable for the personal and
9 environmental harm that they cause.
10 § 2. Paragraph (b) of subdivision 4 of section 14-f of the transporta-
11 tion law is REPEALED and a new paragraph (b) is added to read as
12 follows:
13 (b) (i) Any person found guilty of violating any such rules or regu-
14 lations involving an out-of-service defect relating to brake systems,
15 steering components and/or coupling devices shall be subject to a fine
16 no more than one thousand dollars, by imprisonment for not more than
17 sixty days, or by both such fine and imprisonment. Upon being found
18 guilty of a second or subsequent offense committed within eighteen
19 months, a fine of not less than one thousand five hundred dollars nor
20 more than two thousand five hundred dollars, by imprisonment for not
21 more than ninety days, or by both such fine and imprisonment shall be
22 administered.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10729-01-3
A. 6808 2
1 (ii) Any railroad corporation, company, association or partnership
2 found guilty of violating any such rules or regulations involving an
3 out-of-service defect relating to brake systems, steering components,
4 and/or coupling devices shall be subject to a fine of not less than
5 twenty-five thousand dollars nor more than one hundred fifty thousand
6 dollars.
7 (iii) Any railroad company, corporation, association, or partnership
8 found guilty of violating any such rule or regulation involving the
9 transportation of hazardous materials shall be subject to a fine of not
10 less than fifty thousand dollars nor more than two hundred fifty thou-
11 sand dollars.
12 (iv) Any railroad company, corporation, association, or partnership
13 found guilty of violating any such rule or regulation involving the
14 transportation of hazardous materials shall be ordered to pay restitu-
15 tion or reparation for any costs incurred from a violation of this
16 section, including but not limited to, costs related to environmental
17 remediation and residential relocation of affected areas.
18 § 3. This act shall take effect immediately.
