New York Senate Bill S06435 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 6435 2023-2024 Regular Sessions  IN SENATE April 19, 2023 ___________ Introduced by Sens. WEBER, ROLISON -- 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 penalties for individuals, corporations, companies, and associations that violate rules and regulations related to braking systems, steering components, coupling devices, and the transportation of hazardous materials; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. In response to recent 2 events in Rockland County that caused massive damage and the Norfolk 3 Southern derailment that released flammable chemicals into surrounding 4 areas of East Palestine, Ohio, it is imperative to protect New Yorkers 5 from the disastrous effects of train accidents. Railroad companies must 6 ensure that their trains are safe before they drive them through our 7 communities and minimize the risk to the citizens they roll by. The 8 legislature finds that it is critical to hold rail companies that 9 woefully act in a negligent manner accountable for the personal and 10 environmental harm that they cause. 11 § 2. Paragraph (b) of subdivision 4 of section 14-f of the transporta- 12 tion law is REPEALED and a new paragraph (b) is added to read as 13 follows: 14 (b) (i) Any person found guilty of violating any such rules or regu- 15 lations involving an out-of-service defect relating to brake systems, 16 steering components and/or coupling devices shall be subject to a fine 17 of no more than one thousand dollars, by imprisonment for not more than 18 sixty days, or by both such fine and imprisonment. Upon being found 19 guilty of a second or subsequent offense committed within eighteen 20 months, a fine of not less than one thousand five hundred dollars nor 21 more than two thousand five hundred dollars, by imprisonment for not EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10729-04-3 
 S. 6435 2 1 more than ninety days, or by both such fine and imprisonment shall be 2 administered. 3 (ii) Any railroad corporation, company, association or partnership 4 found guilty of violating any such rules or regulations involving an 5 out-of-service defect relating to brake systems, steering components, 6 and/or coupling devices shall be subject to a fine of not less than 7 twenty-five thousand dollars nor more than one hundred fifty thousand 8 dollars. 9 (iii) Any railroad company, corporation, association, or partnership 10 found guilty of violating any such rule or regulation involving the 11 transportation of hazardous materials shall be subject to a fine of not 12 less than fifty thousand dollars nor more than two hundred fifty thou- 13 sand dollars. 14 (iv) Any railroad company, corporation, association, or partnership 15 found guilty of violating any provision of this section shall be liable 16 for any damage incurred as a result of the violation and shall be 17 ordered to pay restitution or reparation for any costs incurred from a 18 violation of this section, including but not limited to, costs related 19 to environmental remediation and residential relocation of affected 20 areas, or costs incurred by the state of New York or a municipality. 21 § 3. This act shall take effect immediately.