STATE OF NEW YORK ________________________________________________________________________ 4182 2023-2024 Regular Sessions IN SENATE February 6, 2023 ___________ Introduced by Sens. LANZA, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the general city law and the railroad law, in relation to authorizing cities to request that railroad corporations perform railroad crossing, bridge and right of ways maintenance The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general city law is amended by adding a new section 2 21-g to read as follows: 3 § 21-g. Railroad bridge and right of ways maintenance. 1. Any city 4 through which a railroad route, as described in section sixteen of the 5 railroad law, passes, except a railroad route on which trains or subways 6 are operated by a public authority, may make a written request of the 7 railroad corporation that owns the tracks, bridges and/or right of ways 8 along such route within such city to perform maintenance of any and all 9 bridges and/or right of ways, including but not limited to, the paint- 10 ing, cleaning, repairing, or lighting of such bridges, and/or the clean- 11 ing, grading, resurfacing, cutting or removal of trees, brush or 12 foliage, and/or other maintenance of such right of ways. 13 2. Any request made by a city in accordance with subdivision one of 14 this section, must specify with particularity, the maintenance that the 15 city is requesting to be performed, including the types of materials, 16 processes, and equipment to be used, together with a description of the 17 property at which the bridge or right of way is located. 18 3. If, after ninety days of a request made by a city in accordance 19 with subdivision one of this section, the railroad corporation has not 20 completely complied with the request, then the city that made the 21 request, may notify the railroad corporation that if such railroad 22 corporation does not completely perform the requested maintenance within 23 thirty days, that such city will perform, or contract to perform, such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07297-01-3
S. 4182 2 1 maintenance on behalf of, and at the expense of, such railroad corpo- 2 ration. 3 4. If, after thirty days of a notification made by a city in accord- 4 ance with subdivision three of this section, the railroad corporation 5 fails to completely comply with the request made by the city in accord- 6 ance with subdivision one of this section, then the city making such 7 request and providing such notice, may perform, or contract to perform 8 the requested maintenance on behalf of, and at the expense of, such 9 railroad corporation. 10 5. A railroad corporation, that has not complied with the request made 11 in accordance with subdivision one of this section, and has not complied 12 with a notice made in accordance with subdivision three of this section, 13 shall be deemed to have authorized and granted permission to the city 14 making such request and providing such notice, and/or to the contractors 15 of the city making such request and providing such notice, to enter and 16 remain upon the property of the railroad corporation for the purpose of 17 providing such requested maintenance. During the performance of the 18 requested maintenance by the city making such request, and/or their 19 contractor, the railroad corporation shall provide all cooperation 20 necessary, including the provision of the notification of train sched- 21 ules, the necessary stoppage or reduction of speed of trains, the neces- 22 sary access to any bridges and/or right of ways involved, and any other 23 assistance or cooperation that is necessary to complete such mainte- 24 nance. 25 6. Upon the completion of the maintenance in accordance with subdivi- 26 sion five of this section, the city that performed, or contracted for 27 the performance of, such requested maintenance, shall send an invoice of 28 all costs and expenses incurred by the city that performed, or 29 contracted for the performance of, such requested maintenance. Such 30 invoice shall describe with particularity all costs, payments and 31 expenses made and/or incurred by the city in the performance of such 32 requested maintenance, including the number of hours of labor performed, 33 and materials, processes and equipment used to complete the task. Upon 34 receipt of the invoice described in this subdivision, the railroad 35 corporation shall remit full payment to the city that performed, or 36 contracted for the performance of, such requested maintenance. If such 37 railroad corporation fails to fully pay the invoice within sixty days of 38 its receipt, the city may impose a lien for the amount of the invoice 39 upon the real property of the railroad, residing within such city. 40 § 2. The railroad law is amended by adding a new section 29 to read as 41 follows: 42 § 29. Railroad bridge and right of ways maintenance. 1. Any railroad 43 corporation that has been provided a request, in accordance with subdi- 44 vision one of section twenty-one-g of the general city law, for the 45 performance of maintenance on a bridge or right of ways owned by such 46 railroad corporation, shall make all reasonable efforts to comply and 47 accommodate such request, including but not limited to performing, or 48 contracting for the performance of such request. 49 2. Any city that does not receive reasonable compliance and accommo- 50 dation from a railroad corporation, pursuant to this section or pursuant 51 to section twenty-one-g of the general city law, may make an application 52 to the supreme court for three times any damages such city has 53 sustained, as the result of the railroad corporation's failure to so 54 comply or accommodate. 55 3. Any railroad corporation that has been provided a request, in 56 accordance with subdivision one of section twenty-one-g of the general
S. 4182 3 1 city law, for the performance of maintenance on a bridge or right of 2 ways owned by such railroad corporation, may make an application to the 3 supreme court, seeking a temporary or limited stay or modification of 4 such request, in the interests of justice, and upon good cause demon- 5 strating as to why such request cannot be complied with or accommodated 6 by the railroad corporation. 7 § 3. This act shall take effect immediately.