Requires railroad corporations to inform the division of homeland security and emergency services, department of environmental conservation and department of transportation about freight rail trains transporting hazardous materials prior to traveling on tracks within the state.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1002
SPONSOR: Magnarelli TITLE OF BILL:
An act to amend the railroad law, in relation to requiring railroad
corporations to inform the division of homeland security and emergency
services, department of environmental conservation, and department of
transportation about freight rail trains transporting hazardous materi-
als prior to traveling on tracks within the state
PURPOSE:
Requires railroad corporations to inform the department of environmental
conservation and the department of transportation about freight rail
trains transporting hazardous materials prior to traveling on tracks
within the state.
SUMMARY OF PROVISIONS:
Section 1. Amends the railroad law by adding a new section 109 to
require every railroad corporation which operates any freight train
within the state to inform the department of environmental conservation
and the department of transportation about freight rail trains trans-
porting hazardous materials prior to traveling on tracks within the
state. Establishes that such information must include the same informa-
tion required to be provided to local municipalities pursuant to the
federal FAST Act.
Establishes that the information provided shall be confidential and
shall not be subject to disclosure under article six of the public offi-
cers law or any other provision of law. Empowers the commissioner to
promulgate all rules and regulations necessary for the implementation of
this section.
Section 2. Effective date.
JUSTIFICATION:
The East Palestine train derailment released hazardous materials includ-
ing vinyl chloride, a toxic flammable gas, into the air, surface soil
and surface waters. According to the Ohio Department of Natural
Resources, the spill affected about seven and a half miles of stream and
killed an estimated 3,500 fish. This incident has raised concerns about
the health and safety of East Palestine residents, as many have contin-
ued to report an array of lingering symptoms including headaches and
rashes.
The leakage of hazardous materials poses a significant threat to our
environment, as well as the safety and well-being of the people of the
state. This legislation requires every railroad corporation which oper-
ates any freight train within the state to inform the Department of
Environmental Conservation (DEC) and the Department of Transportation
(DOT) about freight rail trains transporting hazardous materials prior
to traveling on tracks within the state. This critical information will
ensure the DOT and DEC are able to act in a swift manner in the event of
the leakage of hazardous materials within the State.
It is of paramount importance that the State take the precautionary
measures necessary to protect both our environment and the public. The
enactment of this legislation will serve as an additional safeguard for
the people of the State by facilitating a timely and efficient response
by first responders in the event of any leakage of harmful chemicals.
LEGISLATIVE HISTORY:
2024: A.10675
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
On the thirtieth day after it shall have become a law. Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
1002
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Transportation
AN ACT to amend the railroad law, in relation to requiring railroad
corporations to inform the division of homeland security and emergency
services, department of environmental conservation, and department of
transportation about freight rail trains transporting hazardous mate-
rials prior to traveling on tracks within the state
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The railroad law is amended by adding a new section 109 to
2 read as follows:
3 § 109. Transportation of hazardous materials. 1. Every railroad corpo-
4 ration which operates any freight train within the state shall inform
5 the division of homeland security and emergency services, department of
6 environmental conservation, and department of transportation about
7 freight rail trains transporting hazardous materials prior to traveling
8 on tracks within the state, and shall promptly update the hazardous
9 waste manifest. Such information to be provided pursuant to this section
10 shall include the same information required to be provided to local
11 municipalities pursuant to Public Law 114-94, the federal Fixing Ameri-
12 ca's Surface Transportation Act.
13 2. Information provided pursuant to subdivision one of this section
14 shall be confidential and shall not be subject to disclosure under arti-
15 cle six of the public officers law or any other provision of law.
16 3. The commissioners shall promulgate all rules and regulations neces-
17 sary for the implementation of this section.
18 § 2. This act shall take effect on the thirtieth day after it shall
19 have become a law; provided, however, that this act shall be deemed
20 repealed if any federal agency determines in writing that this act would
21 render New York state ineligible for the receipt of federal funds or any
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01315-01-5
A. 1002 2
1 court of competent jurisdiction finally determines that this act would
2 render New York state out of compliance with federal law or regulation;
3 and provided that the commissioner of transportation shall notify the
4 legislative bill drafting commission upon any such determination in
5 order that the commission may maintain an accurate and timely effective
6 data base of the official text of the laws of the state of New York in
7 furtherance of effectuating the provisions of section 44 of the legisla-
8 tive law and section 70-b of the public officers law. Effective imme-
9 diately, the addition, amendment and/or repeal of any rule or regulation
10 necessary for the implementation of this act on its effective date are
11 authorized to be made and completed on or before such effective date.
