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- Referred to transportation
Companion bill
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Relates to public hearings and to repeal certain obsolete provisions to the railroad law
In Assembly Committee · Transportation · Sponsor David Gantt
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5765
Title of bill
An act to amend the railroad law, in relation to public hearings and to repeal certain provisions of such law, relating to the weight of rail, rates of fare, excess charges and penalties, mileage books, duties imposed, inspections, inspectors, care of steam locomotives, use of furnaces, equipment of engines, couplers and Canadian thistles
Purpose of the Bill: This proposal would authorize the Commissioner of Transportation (Commissioner) to solicit comments from the public in cases involving the creation, alteration or modification of railroad crossings and would repeal certain provisions of the Railroad Law that are preempted by federal law and regulations. If requested, however, a hearing would still be required.
Read the full memo (640 words)
Summary of Provisions:
Sections 1 through 5 would amend Railroad Law §§ 89, 90, 91, 97, and 97-a, respectively, to authorize the Commissioner to solicit comments from interested parties in addition to conducting a public hearing in certain circumstances when the Commissioner deems one to be appropriate or a hearing is requested by the petitioner, the railroad, or a municipality.
Section 6 would repeal Railroad Law § 51 which is preempted by 49 CFR Part 213.
Sections 7, 8, 9, 10 and 11 would repeal Railroad Law §§ 57, 57-a, 58, 59 and 60 respectively, which are preempted by 49 USC §§ 10501 and 10704.
Sections 12 would repeal Railroad Law §§ 71, 72 and 73 which are preempted by 49 CFR Part 230, Part 229, and Parts 212, 229 and 230.
Section 13 would repeal Railroad Law § 72 which is preempted by 49 CFR Part 229
Section 14 would repeal Railroad Law § 73 which is preempted by 49 CFR Part 212, Part 229, and Part 230.
Section 15 would repeal Railroad Law §§ 74 and 76 which are preempted by 49 CFR Part 230, and 49 CFR Parts 230 and 238, respectively.
Section 17 would repeal Railroad Law § 77 which is preempted by 49 CFR Part 229, Part 230 and Part 232.
Section 18 would repeal Railroad Law § 80 which is preempted by 49 CFR Part 215. Section 19 would repeal Railroad Law § 82 which is preempted by 49 CFR Part 213.
Section 20 would amend Railroad Law § 81 to eliminate references to sections of the Railroad Law repealed by this bill.
Section 21 provides for an immediate effective date.
Existing Law: The Railroad Law requires the Commissioner to conduct a public hearing for every case in which a railroad crossing is being created, altered or closed. It also contains provisions that are no longer relevant or have been preempted by federal law and regulations.
Prior Legislative History: This is a new proposal.
Statement in Support: Conducting a public hearing in every instance in connection with a railroad crossing is a time-consuming process that may unduly delay the construction of a project beneficial to a community. Moreover, there are equally effective ways in which to solicit public input. For example, holding a public hearing generally results in a delay of between 60 and 90 days while waiting for a transcript to be prepared and reviewed. Hearings axe also costly for the Department of Transportation ("DOT"), the railroad, and the proponent of a project. This bill would give the Commissioner the discretion to solicit written comments in addition to or instead of a holding a public hearing. But if the petitioner, the railroad, or the municipality in which a crossing is located requests a hearing, the Commissioner would have to conduct a public hearing.
The repeal of sections of the Railroad Law that are preempted by federal law eliminates unnecessary and conflicting provisions for the benefit of regulated parties.
Budget Implications: This bill is expected to save the Department several thousand dollars per year in staff time and expenses.
Local Impact: None.
Effective Date: This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.