BILL NUMBER: S5671
SPONSOR: HINCHEY
 
TITLE OF BILL:
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
 
PURPOSE:
This bill requires that the department of transportation promulgate
rules and regulations for the installation of heat safety gauges on
freight rail tracks and requires the installation of positive train
control systems on all freight rail trains operating in the state.
 
SUMMARY OF PROVISIONS:
Section one amends section 14 of the transportation law by adding a new
subdivision 37, which establishes that the Department of Transportation
must promulgate rules and regulations requiring every railroad corpo-
ration to install heat safety gauges on all freight rail within New York
State and operated by such corporation in accordance with national best
practices. Heat safety gauges must be installed in increments of no
greater than fifteen miles, with installation occurring prior to serving
a route of a major urbanized area.
Section one further establishes that the department must prescribe a
process for railroad corporations to immediately notify the commissioner
and the federal railroad administration if a gauge indicates an unsafe
temperature. The department shall conduct a study on the benefits of
installing heat safety gauges at closer intervals in more populated
areas and shall update the aforementioned rules and regulations based
upon the results of this study.
Section two amends section 77-d of the railroad law to prohibit any
freight train from operating within the state without a properly func-
tioning positive train control system and provides that the commissioner
shall promulgate all rules and regulations necessary for the implementa-
tion of this section. Further, should the Commissioner of Transportation
find certain deficiencies or failures related to an improperly function-
ing positive train control system, the corporation must conduct repairs
within ten days of being notified by the Department. Failure to comply
may result in court action by the Department with the possibility of
indictment on misdemeanor charges and fines.
 
JUSTIFICATION:
The freight train derailment in East Palestine, Ohio, was a result of
trackside safety detectors failing to provide warning about a dangerous-
ly hot bearing. According to the Norfolk Southern Railway Train Derail-
ment (NTSB) Preliminary Report, the train passed three detectors leading
up to the derailment. The first two detectors, spaced 10 miles apart,
registered elevated temperatures that weren't high enough to sound an
alert or require the crew to take immediate action. The train didn't
cross the third detector for another 20 miles, at which point one of the
bearings had reached a temperature of 253 degrees above the surrounding
air and was already failing.
The Federal Railroad Administration (FRA) has since issued a formal
safety advisory urging railroads to improve their use of trackside safe-
ty detectors, which detect infrared emissions from bearings on the axles
of freight train cars, measuring their temperature and comparing it to
the surrounding air. In addition to warning crews as trains pass over,
they also send data to a central help desk.
This legislation mandates that the Department of Transportation (DOT)
implement rules and regulations requiring every railroad corporation to
install heat safety gauges on all freight rail tracks within the state
at safe increments that are in line with national best practices and
before serving a major urbanized area. This bill also requires DOT to
develop a process for railroad corporations to notify the department and
the federal railroad administration immediately if unsafe heat levels
are detected. DOT must also conduct a study on the benefits of install-
ing gauges at closer intervals in more populated areas and update the
rules and regulations based upon the results. Lastly, the DOT Commis-
sioner must establish any rules and regulations necessary to prohibit
any freight train from operating within the state without a properly
functioning Positive Train Control (PTC) system. These systems warn
train operators of potential problems and safely bring the train to a
stop if the operator does not act.
The East Palestine derailment has highlighted the importance of addi-
tional oversight and regulations in freight rail systems. It is imper-
ative that the State take immediate action to ensure New Yorkers are
safe from any similar incidents. The requirements set forth in this
legislation will minimize the risk of freight train derailments in the
State of New York.
 
PRIOR LEGISLATIVE HISTORY:
2023-24: S.9406 Referred to Transportation
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
Immediately; provided, however, that section two of this act shall take
effect one year after it shall have become a law.

Statutes affected:
S5671: 14 transportation law