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S T A T E O F N E W Y O R K
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5713
2025-2026 Regular Sessions
I N S E N A T E
February 28, 2025
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Introduced by Sens. SKOUFIS, ADDABBO, MAY, ROLISON, WEBB -- read twice
and ordered printed, and when printed to be committed 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20 repealed if any federal agency determines in writing that this act would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
S. 5713 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.