Bill S715-2009

Requires railroads transporting hazardous materials through the counties of Nassau and Suffolk to give advance notice

Amends the transportation law to require any railroad transporting hazardous materials through the counties of Nassau and Suffolk to give advance notice to the Metropolitan Transportation Authority, local governments and municipalities, and law enforcement and first responder personnel located within a quarter mile of the railroad tracks.

Details

Actions

  • Jan 6, 2010: REFERRED TO TRANSPORTATION
  • Jan 14, 2009: REFERRED TO TRANSPORTATION

Memo

 BILL NUMBER:  S715

TITLE OF BILL : An act to amend the transportation law, in relation to requiring all railroads transporting hazardous materials through the counties of Nassau and Suffolk to give advance notice to the Metropolitan Transportation Authority, local governments and municipalities, and law enforcement and first responder personnel located within a quarter mile of the railroad tracks

PURPOSE : Requires railroads transporting hazardous materials through the counties of Nassau and Suffolk to give advance notice.

SUMMARY OF SPECIFIC PROVISIONS : Section one amends subdivision 3 of section 14-f of the transportation law by adding a new paragraph (c) which requires private or public railroads to give twenty-four hour advance notice to the Metropolitan Transportation Authority, local governments and municipalities, and law enforcement and first responder personnel located within a quarter mile of the railroad tracks prior to transporting hazardous materials across the counties of Nassau and Suffolk.

EXISTING LAW : None applicable.

JUSTIFICATION : Currently, local authorities in Nassau and Suffolk are not aware of hazardous materials being shipped via railroad across their communities. In the event of an accident involving these materials, first-responders would be at a disadvantage in coping with the situation. By requiring all railroads to give twenty-four hour notice prior to the transportation of hazardous materials across the counties of Nassau and Suffolk, this bill gives authorities the ability to respond more efficiently to potential accidents or disasters involving such materials.

LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : On the thirtieth day after having become a law.

Text

STATE OF NEW YORK ________________________________________________________________________ 715 2009-2010 Regular Sessions IN SENATE January 14, 2009 ___________
Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the transportation law, in relation to requiring all railroads transporting hazardous materials through the counties of Nassau and Suffolk to give advance notice to the Metropolitan Trans- portation Authority, local governments and municipalities, and law enforcement and first responder personnel located within a quarter mile of the railroad tracks THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 14-f of the transportation law is amended by adding a new paragraph (c) to read as follows: (C) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, ALL RAILROADS TRANSPORTING HAZARDOUS MATERIALS THROUGH THE COUNTIES OF NASSAU AND SUFFOLK SHALL, AT LEAST TWENTY-FOUR HOURS PRIOR TO COMMENCING ANY SUCH TRANSPORT, NOTIFY THE METROPOLITAN TRANSPORTATION AUTHORITY, ALL LOCAL GOVERNMENTS AND MUNICIPALITIES, AND LAW ENFORCEMENT AND FIRST RESPONDER PERSONNEL LOCATED WITHIN A QUARTER MILE OF THE RAILROAD TRACKS ON WHICH THE HAZARDOUS MATERIAL IS BEING TRANSPORTED OF THE IMPENDING TRANSPORT. SUCH NOTIFICATION SHALL BE GIVEN IN SUCH FORM AND MANNER AS PRESCRIBED BY THE DEPARTMENT. (I) FOR THE PURPOSES OF THIS PARAGRAPH, THE TERM "RAILROAD" SHALL MEAN A PRIVATE OR PUBLIC RAILROAD OPERATING IN THE COUNTIES OF NASSAU AND SUFFOLK CARRYING EITHER FREIGHT OR FREIGHT AND PASSENGERS INCLUDING, BUT NOT LIMITED TO, THOSE OPERATED BY THE AUTHORITY AND ITS SUBSIDIARIES, THE LONG ISLAND RAIL ROAD, THE METRO-NORTH RAILROAD, THE STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY, THE NEW YORK CITY TRANSIT AUTHORITY, ANY OTHER PUBLIC AUTHORITY OR LOCAL GOVERNMENT, OR ANY PRIVATE RAILROAD ENTITY OPERATING ON TRACKS OF THE LONG ISLAND RAIL ROAD. (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY IN THE CASE OF AN EMERGENCY AS DESIGNATED BY THE DEPARTMENT. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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