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S05775 Summary:

S05775 Actions:

S05775 Committee Votes:

S05775 Floor Votes:

S05775 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5775
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     March 15, 2023
                                       ___________
 
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed 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; and providing for the repeal of such provisions upon  expira-
          tion thereof
 
          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 63-a to
     2  read as follows:
     3    § 63-a. Minimum crew size. 1. Except as otherwise provided in subdivi-
     4  sion two of this section, no person operating or controlling any Class I
     5  or Class II railroad shall allow the operation of any railroad train  or
     6  locomotive  for  the movement of freight in this state unless such rail-
     7  road train or locomotive has a crew of not less than two individuals.
     8    2. The provisions of subdivision one of this section shall  not  apply
     9  to a railroad train or locomotive engaged in switching service.
    10    3. As used in this section, the following terms shall have the follow-
    11  ing meanings:
    12    (a)  "Class I railroad" means a railroad that has been classified as a
    13  Class I railroad by the federal surface transportation board in  accord-
    14  ance with 49 C.F.R. part 1201 section 1-1.
    15    (b) "Class II railroad" means a railroad that has been classified as a
    16  Class II railroad by the federal surface transportation board in accord-
    17  ance with 49 C.F.R. part 1201 section 1-1.
    18    (c)  "Locomotive"  means  a self-propelled piece of on-track equipment
    19  designed for moving or  propelling  cars  that  are  designed  to  carry
    20  freight,  passengers,  or  other  equipment,  but  which  itself  is not
    21  designed or intended to carry  freight,  passengers  (other  than  those
    22  operating the locomotive) or other equipment.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10265-01-3
        S. 5775                             2
 
     1    (d)  "Railroad" means a commercial entity that operates locomotives to
     2  transport passengers or freight.
     3    (e)  "Switching service" means the classification of rail cars accord-
     4  ing to commodity or destination; assembly of rail cars for  train  move-
     5  ments;  changing  the  position  of  rail  cars for purposes of loading,
     6  unloading or weighing; placing of locomotives and rail cars  for  repair
     7  or  storage; or moving of rail equipment in connection with work service
     8  that does not constitute train movement.
     9    (f) "Train" means one or more locomotives,  coupled  with  or  without
    10  cars.
    11    4.  A  violation  of the provisions of subdivision one of this section
    12  shall be punishable by a civil penalty in an amount of not less than two
    13  hundred fifty dollars nor more than one thousand  dollars  for  a  first
    14  violation;  for a second violation both of which were committed within a
    15  period of three years by a civil penalty of not less than  one  thousand
    16  dollars  nor  more than five thousand dollars; and for a third or subse-
    17  quent violation all of which were committed within  a  period  of  three
    18  years,  by  a  civil  penalty of not less than five thousand dollars nor
    19  more than ten thousand dollars.
    20    § 2. 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
    25  affect, impair  or  invalidate  the  remainder  thereof,  but  shall  be
    26  confined  in  its  operation to the clause, sentence, subdivision, para-
    27  graph, section or part thereof directly involved in the  controversy  in
    28  which such judgment or written determination shall have been rendered.
    29    §  3.  This  act shall take effect on the thirtieth day after it shall
    30  have become a law; provided, however, that this act shall expire and  be
    31  deemed  repealed  if  any federal agency determines in writing that this
    32  act would render New York state ineligible for the  receipt  of  federal
    33  funds  or  any  court  of competent jurisdiction finally determines that
    34  this act would render New York state out of compliance with federal  law
    35  or  regulation;  provided, further, that the commissioner of transporta-
    36  tion shall notify the legislative   bill drafting  commission  upon  the
    37  occurrence  of  the  provisions of section two of this act in order that
    38  the commission may maintain an accurate and timely effective  data  base
    39  of the official text of the laws of the state of New York in furtherance
    40  of  effectuating the provisions of section 44 of the legislative law and
    41  section 70-b of the public officers law.    Effective  immediately,  the
    42  addition,  amendment  and/or  repeal of any rule or regulation necessary
    43  for the implementation of this act on its effective date are  authorized
    44  to be made and completed on or before such effective date.