New York S 5671: Requires the department of transportation to promulgate rules and regulations for the installation of heat safety gauges on freight rail tracks, and requires the installation of positive train control systems

Bill Text

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S05671 Summary:

BILL NOS05671 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORHINCHEY

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §14, Transp L; add §77-d, Rail L

&nbsp

Requires the department of transportation to promulgate rules and regulations for the installation of heat safety gauges or hot bearing detectors on freight rail tracks in the state; requires the installation of positive train control systems on all freight trains operated within the state.

Go to top S05671 Actions:

BILL NOS05671 

&nbsp

02/27/2025REFERRED TO TRANSPORTATION

01/07/2026REFERRED TO TRANSPORTATION

Go to topS05671 Committee&nbspVotes:

Go to topS05671 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05671 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5671

 2025-2026 Regular Sessions

 IN SENATE

 February 27, 2025
 ___________

 Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Transportation

 AN ACT to amend the transportation law, in relation to requiring the
 department of transportation to promulgate rules and regulations for
 the installation of heat safety gauges on freight rail tracks; and to
 amend the railroad law, in relation to requiring the installation of
 positive train control systems on all freight rail trains operating in
 the state

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 14 of the transportation law is amended by adding a
 2 new subdivision 37 to read as follows:
 3 37. (a) To promulgate rules and regulations requiring every freight
 4 railroad corporation incorporated pursuant to the provisions of section
 5 five of the railroad law to install heat safety gauges or hot bearing
 6 detectors on all freight rail tracks within the state operated by such
 7 corporation in accordance with national best practices, but in incre-
 8 ments of no greater than fifteen miles. Provided, additionally, that
 9 such gauges or detectors shall be installed in locations before a route
 10 serves major urbanized areas. Such rules and regulations shall also
 11 prescribe a process for immediately notifying the commissioner and the
 12 federal railroad administration if such a gauge or detector indicates
 13 that temperature differences between bearings on the same axle are
 14 greater than or equal to one hundred fifteen degrees fahrenheit.
 15 (b) Within one year of the effective date of this subdivision, the
 16 department shall conduct a study on the benefits of installing heat
 17 safety gauges or hot bearing detectors at closer intervals in more popu-
 18 lated areas, and shall update the rules and regulations promulgated
 19 pursuant to this subdivision based upon the results of such study.
 20 § 2. The railroad law is amended by adding a new section 77-d to read
 21 as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10162-01-5

 S. 5671 2

 1 § 77-d. Positive train control systems. (a) No freight train shall be
 2 operated within the state without a properly functioning positive train
 3 control system. The commissioner shall promulgate all rules and regu-
 4 lations necessary for the implementation of this section.
 5 (b) Whenever the commissioner of transportation shall cause to be
 6 personally served upon any railroad corporation controlling any tunnel
 7 or part of a tunnel or track in this state for the purpose of transport-
 8 ing or delivering freight for compensation, by delivering a copy
 9 personally to the president, general manager or any director of such
 10 corporation of a notice or order of said commissioner of transportation,
 11 stating and specifying the deficiencies or failures causing such rail-
 12 road corporation to be operating a freight train without a properly
 13 functioning positive train control system, said corporation shall, with-
 14 in ten days from and after the service of such notice or order as afore-
 15 said, cause said infrastructure or right of way so used by it as afore-
 16 said to function properly, in the manner and by the means and use of the
 17 mechanical apparatus and appliances specified and pointed out i