Amd §63-a, Rail L (as proposed in S.5775 & A.5639)
Provides that no person operating or controlling any Class I railroad or Class II railroad shall allow the operation of any railroad train or locomotive for the movement of hazardous materials unless such railroad train or locomotive has a crew of not less than two individuals.
STATE OF NEW YORK
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8083
IN SENATE
January 5, 2024
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Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
S. 8083 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.
