What's happening
This bill allows cities to require railroad companies to maintain crossings, bridges, and rights of way, and to recover costs if companies fail to comply.
Why it matters
Empowers cities to directly address neglected railroad infrastructure. By allowing cities to step in if railroad companies ignore maintenance requests, the bill aims to reduce eyesores, improve safety, and address public complaints about deteriorating crossings, bridges, and right-of-ways that can impact neighborhoods and local economies.
Creates financial accountability for railroad companies. If a railroad company fails to maintain its infrastructure after a city’s formal request and notice, the city can perform the work itself and bill the railroad. If the company does not pay, the city can place a lien on railroad property, giving local governments leverage to recover costs and incentivizing compliance.
Establishes legal recourse and deterrents. Cities can sue for triple damages if railroads fail to comply, potentially deterring neglectful behavior by raising the financial stakes. Railroads, meanwhile, have a process to seek a legal stay if a request is unreasonable, balancing municipal authority with some protection for rail operators.
Potentially accelerates resolution of long-standing maintenance disputes. By setting clear timelines—90 days for initial compliance, 30 days after notice, and 60 days to pay invoices—the bill aims to prevent indefinite delays, resulting in quicker resolution of maintenance issues that affect public safety and quality of life.
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Who cares
City governments
The bill would let cities request railroad bridge and right-of-way maintenance, perform or contract for unfinished work after specified notice periods, and bill the railroad.
Railroad corporations
Owners of covered bridges and rights-of-way would face maintenance requests, reimbursement obligations, potential property liens and claims for triple damages, but could seek court stays or modifications.
Maintenance contractors
Cities could hire contractors to perform requested work on railroad property, with railroads required to provide access and necessary cooperation, including train stoppages or speed reductions.
Public authorities operating trains or subways
Routes on which they operate would be excluded from the bill’s city maintenance-request authority.
Headline styles
Cities Can Order Rail Maintenance
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to cities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8405
IN SENATE
May 22, 2020
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
AN ACT to amend the general city law and the railroad law, in relation to authorizing cities to request that railroad corporations perform railroad crossing, bridge and right of ways maintenance
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general city law is amended by adding a new section 21-g to read as follows:
§ 21-g. Railroad bridge and right of ways maintenance. 1. Any city through which a railroad route, as described in section sixteen of the railroad law, passes, except a railroad route on which trains or subways are operated by a public authority, may make a written request of the railroad corporation that owns the tracks, bridges and/or right of ways along such route within such city to perform maintenance of any and all bridges and/or right of ways, including but not limited to, the painting, cleaning, repairing, or lighting of such bridges, and/or the cleaning, grading, resurfacing, cutting or removal of trees, brush or foliage, and/or other maintenance of such right of ways.
2. Any request made by a city in accordance with subdivision one of this section, must specify with particularity, the maintenance that the city is requesting to be performed, including the types of materials, processes, and equipment to be used, together with a description of the property at which the bridge or right of way is located.
3. If, after ninety days of a request made by a city in accordance with subdivision one of this section, the railroad corporation has not completely complied with the request, then the city that made the request, may notify the railroad corporation that if such railroad corporation does not completely perform the requested maintenance within thirty days, that such city will perform, or contract to perform, such maintenance on behalf of, and at the expense of, such railroad corporation.
4. If, after thirty days of a notification made by a city in accordance with subdivision three of this section, the railroad corporation fails to completely comply with the request made by the city in accordance with subdivision one of this section, then the city making such request and providing such notice, may perform, or contract to perform
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13692-03-0
S. 8405 2
the requested maintenance on behalf of, and at the expense of, such railroad corporation.
5. A railroad corporation, that has not complied with the request made in accordance with subdivision one of this section, and has not complied with a notice made in accordance with subdivision three of this section, shall be deemed to have authorized and granted permission to the city making such request and providing such notice, and/or to the contractors of the city making such request and providing such notice, to enter and remain upon the property of the railroad corporation for the purpose of providing such requested maintenance. During the performance of the requested maintenance by the city making such request, and/or their contractor, the railroad corporation shall provide all cooperation necessary, including the provision of the notification of train schedules, the necessary stoppage or reduction of speed of trains, the necessary access to any bridges and/or right of ways involved, and any other assistance or cooperation that is necessary to complete such maintenance.
6. Upon the completion of the maintenance in accordance with subdivision five of this section, the city that performed, or contracted for the performance of, such requested maintenance, shall send an invoice of all costs and expenses incurred by the city that performed, or contracted for the performance of, such requested maintenance. Such invoice shall describe with particularity all costs, payments and expenses made and/or incurred by the city in the performance of such requested maintenance, including the number of hours of labor performed, and materials, processes and equipment used to complete the task. Upon receipt of the invoice described in this subdivision, the railroad corporation shall remit full payment to the city that performed, or contracted for the performance of, such requested maintenance. If such railroad corporation fails to fully pay the invoice within sixty days of its receipt, the city may impose a lien for the amount of the invoice upon the real property of the railroad, residing within such city.
§ 2. The railroad law is amended by adding a new section 29 to read as follows:
§ 29. Railroad bridge and right of ways maintenance. 1. Any railroad corporation that has been provided a request, in accordance with subdivision one of section twenty-one-g of the general city law, for the performance of maintenance on a bridge or right of ways owned by such railroad corporation, shall make all reasonable efforts to comply and accommodate such request, including but not limited to performing, or contracting for the performance of such request.
2. Any city that does not receive reasonable compliance and accommodation from a railroad corporation, pursuant to this section or pursuant to section twenty-one-g of the general city law, may make an application to the supreme court for three times any damages such city has sustained, as the result of the railroad corporation's failure to so comply or accommodate.
3. Any railroad corporation that has been provided a request, in accordance with subdivision one of section twenty-one-g of the general city law, for the performance of maintenance on a bridge or right of ways owned by such railroad corporation, may make an application to the supreme court, seeking a temporary or limited stay or modification of such request, in the interests of justice, and upon good cause demonstrating as to why such request cannot be complied with or accommodated by the railroad corporation.
§ 3. 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 amend the general city law and the railroad law, in relation to authorizing cities to request that railroad corporations perform railroad crossing, bridge and right of ways maintenance
Purpose
This bill would amend the general city law and the railroad law, to empower local governments to assure the performance of maintenance and the removal of obstructions, from railroad crossings, bridges and right of ways within their city.
Summary of provisions
This bill would add a new section 21-G of the general city law to provide:
Read the full memo (1,111 words)
-That any city, through which a railroad route passes, except a railroad route on which trains or subways are operated by a public authority, may make a written request of the railroad corporation that owns the tracks, bridges and./or right of ways along such route within such city, to perform maintenance of any and all bridges and/or right of ways, includ- ing but not limited to, the painting, cleaning, repairing, or lighting of such bridges, and/or the cleaning, grading, cutting and/or other maintenance of such right of ways;
-That any such request, in accordance with the above paragraph, must specify with particularity, the maintenance requested to be performed, including the types of materials, processes, and equipment to be used, together with a description of the property at which the bridge or right of way is located;
-That, if, after 90 days of such a request, the railroad corporation has not completely complied with the request, then the city may notify the railroad corporation that if it does not completely perform the requested maintenance within 3o days, that such city will perform, or contract to perform, such maintenance on behalf of, and at the expense of, such railroad corporation;
-That if, after 30 days of the above notification, the railroad corpo- ration fails to completely comply with the request for maintenance, then the city making such request, may perform, or contract to perform, the requested maintenance on behalf of, and at the expense of, such rail- road;
-That if a railroad corporation, has not complied with a request and notice made in accordance with this section, then such railroad corpo- ration shall be deemed to have authorized and granted permission to such city, and/or to the contractors of the city, together with the authority to enter and remain upon the property of the railroad corporation for the purpose of providing such requested maintenance;
-That during the performance of the requested maintenance by the city, and/or their contractor, the railroad corporation shall provide all cooperation necessary, including the provision of the notification of train schedules, the compliance with the necessary stoppage or reduction of speed of trains, the necessary access to any bridges and/or right of ways involved, and any other assistance or cooperation that is necessary to complete such maintenance;
-That upon the completion of the maintenance in accordance with above, the city that performed, or contracted for the performance of, such requested maintenance, shall send an invoice of all costs and expenses incurred by the city that performed, or contracted for the performance of, such requested maintenance; and
-That the invoice set forth above, shall describe with particularity, all costs, payments and expenses made and/or incurred by the city, in the performance of such requested maintenance, including the number of hours of labor performed, and materials, processes and equipment used to complete the task, and upon receipt of such invoice, the railroad corpo- ration shall remit full payment to the city that performed or contracted for the performance of, such requested maintenance, and if such railroad corporation fails to fully pay the invoice within 60 days of the receipt of such invoice, the city may impose a lien for the amount of the invoice, upon the real property of the railroad, that resides within such city.
This bill would further add a new section 29 to the railroad law, to provide:
-That any railroad corporation that has been provided a request for the performance of maintenance on a bridge or right of way owned by such railroad corporation, shall make all reasonable efforts to comply and accommodate such request, including but not limited to performing, or contracting for the performance of such request;
-That any city that does not receive reasonable compliance and accommo- dation from a railroad corporation, may make an application to the supreme court for three times any damages they have sustained, as a result of the railroad's failure to so comply or accommodate; and
-That any railroad corporation that has been provided a request, in accordance with section 21-G the general city law, for the performance of maintenance on a bridge or right of way owned by such railroad corpo- ration, may make an application to the supreme court, seeking a tempo- rary or limited stay or modification of such request, in the interests of justice, and upon good cause demonstrating as to why such request cannot be complied with or accommodated by the railroad corporation.
Justification
In recent years, a number of cities across the state have had great difficulty persuading railroad corporations to perform maintenance on their bridges and rights of way that run through such communities. This presents a serious problem, when a city expends substantial dollars to renovate and upgrade their appearance, so as to make such attractive and welcoming to business, visitors and the community as a whole.
To have railroads, with dilapidated, unpainted, deteriorating bridges and rights of ways, often in the heart of a city, refuse to perform even basic maintenance on their infrastructure, when such were most often acquired by such railroads through the eminent domain procedures under the railroad law, is a community detriment, without justification or excuse.
This bill would amend the general city law and the railroad law, to provide a mechanism where cities that have such a dilapidated railroad bridge or right of way, can have the maintenance required on such be performed in a timely and appropriate manner. It would further end the current practice of the railroad simply ignoring the city's request that such maintenance be performed, and establish both a procedure and a time frame for appropriate responses and action.
Lastly, this bill would further provide railroads with their own mech- anism to address unreasonable requests for maintenance made by a city, or any request that would impose a substantial hardship upon the rail- road. Such mechanism, placed within the railroad law, would in such cases, allow a court to impose legal stay of such request, if and when it finds that such is not appropriate.
Legislative history
New bill.
Fiscal implications
None.
Effective date
Immediately.
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