What's happening
This bill requires the MTA to study and report on hazardous or flammable materials near above-ground and grade level train tracks.
Why it matters
Potentially increases commuter and public safety. by identifying and addressing hazardous or flammable materials near busy rail tracks, reducing risks of fires, explosions, or accidents affecting train operations and nearby communities.
Could lead to stricter regulations and maintenance protocols. for industrial areas near rail infrastructure, particularly in densely populated or industrialized parts of New York, improving long-term safety and oversight.
May reveal economic and logistical challenges. related to the removal of hazardous materials, as the study must analyze both the cost and broader economic impact, informing policymakers about the feasibility and trade-offs of potential interventions.
Requires multi-agency cooperation and data sharing. , setting a precedent for collaboration between state, city, and transportation entities when addressing complex safety and infrastructure issues.
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Who cares
Headline styles
Find Hazards Near Train Tracks
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to transportation
- Referred to transportation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2545
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation
AN ACT to direct the metropolitan transportation authority to identify flammable or hazardous materials near above-ground and grade level tracks
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The metropolitan transportation authority, in consultation with the Long Island Rail Road, the Metro-North Commuter Railroad and other relevant agencies, including but not limited to the New York city department of transportation and the state department of transportation, shall conduct a study to examine the industrial areas located under above-ground LIRR and Metro-North tracks and adjacent to grade level tracks to identify unsafe and flammable materials that are exposed to commuter operations.
§ 2. For purposes of this act:
(a) "LIRR" shall mean the Long Island Rail Road;
(b) "Metro-North" shall mean the Metro-North Commuter Railroad; and
(c) "grade level" shall mean where a track intersects with a highway on the same level as the highway.
§ 3. Such study shall include, but not be limited to:
(a) an inspection of the industrial areas located under above-ground LIRR and Metro-North tracks and adjacent to grade level tracks for the purpose of identifying materials that may be hazardous or flammable. The size of such area of inspection shall be determined by the metropolitan transportation authority;
(b) an analysis of potential methods for removal of the hazardous or flammable materials, if such materials are identified;
(c) an analysis of the cost and economic impact of removing such materials;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06259-02-9
S. 2545 2
(d) recommendations on how to maintain areas below or adjacent to such tracks to keep them free from hazardous or flammable materials; and
(e) any other issues related to the safety of such areas as determined by the chairman of the metropolitan transportation authority.
§ 4. All departments, divisions, bureaus, commissions, districts or agencies of the state or any political subdivisions thereof shall, at the request of the chairman of the metropolitan transportation authority, provide the authority with facilities, assistance and data that will enable the authority to carry out its powers and duties under this act.
§ 5. Within one hundred twenty days after the effective date of this act, the chairman of the metropolitan transportation authority shall submit a written report to the governor, temporary president of the senate, speaker of the assembly and mayor of the city of New York, with the findings and recommendations of the study conducted pursuant to this act.
§ 6. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to direct the metropolitan transportation authority to identify flammable or hazardous materials near above-ground and grade level tracks
Purpose or general idea of bill
In the interest of public safety, this bill directs the Metropolitan Transportation Authority (MTA), Long Island Rail Road (LIRR) and Metro- North Commuter Railroad to study and report on flammable and/or hazard- ous materials stored underneath their elevated tracks and at ground level.
Summary of specific provisions
Section 1 provides a directive to the MTA, LIRR and Metro-North to study, examine and identify flammable or hazardous materials near above-ground and grade level tracks. Requires consultation with the State and NYC Departments of Transportation.
Section 2: Provides definitions of "LIRR," "Metro-North" and "Grade Level."
Section 3: Further defines the scope of the study. Including language with respect to flexibility concerning the size of the inspection; anal- ysis of potential methods to remove flammable and/or hazardous materi- als; analysis of the economic impact of removal; recommendation to keep such areas free from flammable and/or hazardous materials in the future and other issues deemed relevant by the MTA Chair.
Section 4: Empowers the scope of the study by requiring all relevant agencies to provide data and assistance at the request of the MTA Chair.
Section 5: Provides for the completion of a written report by the MTA within 120 days of enactment.
Section 6: Sets effective date: immediately.
Justification
There have been an increasing number of fires underneath and adjacent to tracks owned by the MTA, LIRR and Metro-North. The latest example occurred in Southeast Queens on March 16th, 2018 and was the product of storage of lithium batteries in proximity to cardboard and accumulated paper materials. Such storage situations present real dangers to both to the riding public and the surrounding community. An assessment of flammable and/or hazardous materials both near and directly under tracks is warranted; furthermore, a report containing substantive analysis and actionable steps will help the MTA/LIRR/Metro-North to reasonably prevent such incidents from occurring in the future.
Prior legislative history
38177-A COMRIE No Same as
Fiscal implications
To be determined.
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.