Amd §63-a, Rail L (as proposed in S.5775 & A.5639)
Provides that no person operating or controlling any Class I railroad or Class II railroad shall allow the operation of any railroad train or locomotive for the movement of hazardous materials unless such railroad train or locomotive has a crew of not less than two individuals.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8491
SPONSOR: Magnarelli TITLE OF BILL:
An act to amend the railroad law, in relation to requiring certain
trains and locomotives to have a crew size of not less than two persons
PURPOSE OR GENERAL IDEA OF BILL:
To clarify provisions of a chapter of the laws of 2023 relating to train
crew size.
SUMMARY OF SPECIFIC PROVISIONS:
Section one prohibits the operation of a railroad train or locomotive
for the movement of hazardous material within the State unless it has a
crew of not less than two individuals.
Section two defines "hazardous material" as material designated as
hazardous by the United States Secretary of Transportation pursuant to
49 United States Code section 5103(a).
Section three provides a severability clause.
Section four provides the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not applicable.
JUSTIFICATION:
Legislation was enacted in 2023 to prohibit the operation of a railroad
train or locomotive for the movement of freight within New York State
unless the train or locomotive has a crew of at least two persons on
board. This bill provides a chapter amendment to that provision by
instead applying the crew size requirement to railroad trains and loco-
motives transporting hazardous material within the State.
PRIOR LEGISLATIVE HISTORY:
Not applicable.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2023 amending the railroad law relating to
requiring certain trains and locomotives to have a crew size of not less
than two persons, as proposed in legislative bills numbers S.5775 and
A.5639, takes effect; provided, however, that the amendments to section
63-a of the railroad law made by sections one and two of this act shall
be subject to the expiration of such section and shall expire and be
deemed repealed therewith.
STATE OF NEW YORK
________________________________________________________________________
8491
IN ASSEMBLY
January 4, 2024
___________
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 certain
trains and locomotives to have a crew size of not less than two
persons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 63-a of the railroad law, as added
2 by a chapter of the laws of 2023 amending the railroad law relating to
3 requiring certain trains and locomotives to have a crew size of not less
4 than two persons, as proposed in legislative bills numbers S. 5775 and
5 A. 5639, is amended to read as follows:
6 1. Except as otherwise provided in subdivision two of this section, no
7 person operating or controlling any Class I or Class II railroad shall
8 allow the operation of any railroad train or locomotive for the movement
9 of [freight] hazardous material in this state unless such railroad train
10 or locomotive has a crew of not less than two individuals.
11 § 2. Subdivision 3 of section 63-a of the railroad law, as added by a
12 chapter of the laws of 2023 amending the railroad law relating to
13 requiring certain trains and locomotives to have a crew size of not less
14 than two persons, as proposed in legislative bills numbers S. 5775 and
15 A. 5639, is amended by adding a new paragraph (g) to read as follows:
16 (g) "Hazardous material" means material designated as hazardous by the
17 United States secretary of transportation pursuant to subsection (a) of
18 section fifty-one hundred three of title forty-nine of the United States
19 code.
20 § 3. Severability. If any clause, sentence, subdivision, paragraph,
21 section or part of this act be adjudged by any court of competent juris-
22 diction to be invalid, or if any federal agency determines in writing
23 that this act would render New York state ineligible for the receipt of
24 federal funds, such judgment or written determination shall not affect,
25 impair or invalidate the remainder thereof, but shall be confined in its
26 operation to the clause, sentence, subdivision, paragraph, section or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10265-02-4
A. 8491 2
1 part thereof directly involved in the controversy in which such judgment
2 or written determination shall have been rendered.
3 § 4. This act shall take effect on the same date and in the same
4 manner as a chapter of the laws of 2023 amending the railroad law relat-
5 ing to requiring certain trains and locomotives to have a crew size of
6 not less than two persons, as proposed in legislative bills numbers S.
7 5775 and A. 5639, takes effect, provided, however, that the amendments
8 to section 63-a of the railroad law made by sections one and two of this
9 act shall be subject to the expiration of such section and shall expire
10 and be deemed repealed therewith.
