New York State Assembly

 
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A08491 Summary:

A08491 Actions:

A08491 Committee Votes:

Committee:TRANSPORTATION   Chair:Magnarelli      
DATE:01/17/2024AYE/NAY:20/0  Action: Favorable refer to committee Codes        
Magnarelli
Aye
McDonough
Excused
Lupardo
Excused
Miller
Aye
Thiele
Aye
Norris
Aye
Simon
Aye
DeStefano
Aye
Williams
Aye
Durso
Excused
Fahy
Aye
Giglio
Aye
McMahon
Aye
McGowan
Aye
Darling
Aye
Slater
Aye
Wallace
Aye
Burgos
Absent
Gallagher
Excused
Mitaynes
Aye
Sillitti
Excused
De Los Santos
Aye
Cunningham
Aye
Alvarez
Aye
Shrestha
Aye
Shimsky
Aye

Committee:CODES   Chair:Dinowitz      
DATE:01/23/2024AYE/NAY:21/1  Action: Favorable         
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Reilly
Aye
Cook
Aye
Mikulin
Aye
O'Donnell
Aye
Tannousis
Aye
Lavine
Aye
Curran
Aye
Weprin
Aye
Angelino
Nay
Hevesi
Aye
Flood
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye
Simon
Aye
Epstein
Aye

A08491 Floor Votes:

A08491 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8491
 
                   IN ASSEMBLY
 
                                     January 4, 2024
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Transportation
 
        AN ACT to amend the railroad  law,  in  relation  to  requiring  certain
          trains  and  locomotives  to  have  a  crew  size of not less than two
          persons
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 63-a of the railroad law, as added
     2  by  a  chapter of the laws of 2023 amending the railroad law relating to
     3  requiring certain trains and locomotives to have a crew size of not less
     4  than two persons, as proposed in legislative bills numbers S.  5775  and
     5  A. 5639, is amended to read as follows:
     6    1. Except as otherwise provided in subdivision two of this section, no
     7  person  operating  or controlling any Class I or Class II railroad shall
     8  allow the operation of any railroad train or locomotive for the movement
     9  of [freight] hazardous material in this state unless such railroad train
    10  or locomotive has a crew of not less than two individuals.
    11    § 2. Subdivision 3 of section 63-a of the railroad law, as added by  a
    12  chapter  of  the  laws  of  2023  amending  the railroad law relating to
    13  requiring certain trains and locomotives to have a crew size of not less
    14  than two persons, as proposed in legislative bills numbers S.  5775  and
    15  A. 5639, is amended by adding a new paragraph (g) to read as follows:
    16    (g) "Hazardous material" means material designated as hazardous by the
    17  United  States secretary of transportation pursuant to subsection (a) of
    18  section fifty-one hundred three of title forty-nine of the United States
    19  code.
    20    § 3. Severability. If any clause,  sentence,  subdivision,  paragraph,
    21  section or part of this act be adjudged by any court of competent juris-
    22  diction  to  be  invalid, or if any federal agency determines in writing
    23  that this act would render New York state ineligible for the receipt  of
    24  federal  funds, such judgment or written determination shall not affect,
    25  impair or invalidate the remainder thereof, but shall be confined in its
    26  operation to the clause, sentence, subdivision,  paragraph,  section  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10265-02-4
        A. 8491                             2
 
     1  part thereof directly involved in the controversy in which such judgment
     2  or written determination shall have been rendered.
     3    §  4.  This  act  shall  take  effect on the same date and in the same
     4  manner as a chapter of the laws of 2023 amending the railroad law relat-
     5  ing to requiring certain trains and locomotives to have a crew  size  of
     6  not  less  than two persons, as proposed in legislative bills numbers S.
     7  5775 and A.  5639, takes effect, provided, however, that the  amendments
     8  to section 63-a of the railroad law made by sections one and two of this
     9  act  shall be subject to the expiration of such section and shall expire
    10  and be deemed repealed therewith.