§ 489-V — Capital improvements to railroad property

§ 489-v. Capital improvements to railroad property. 1. As used in this\nsection:\n (a) "Completed capital project" shall mean a capital project which has\nbeen certified by the commissioner to be completed in accordance with a\ncapital project proposal approved by the commissioner.\n (b) "Capital project proposal" shall mean a proposal, prepared by a\nrailroad company and submitted to the commissioner, which sets forth a\nproposed capital project. Such proposal shall include a description of\nthe proposed capital project and conditions relating to railroad tracks,\nroadbeds, bridge and structural improvements, improvements to railroad\nyards, switches, sidings, or other facilities, signal system\nimprovements, or other railroad projects that improve the efficiency,\ncapacity, or safety of railroad facilities. The proposal shall be\nreviewed by the commissioner and shall be approved if the commissioner\ndetermines that the proposed project is consistent with the provisions\nof paragraph (e) of this subdivision and rules and regulations\nprescribed by the department pursuant to this section. Capital project\nproposals that have been approved by the commissioner may be amended\nwith the approval of the commissioner.\n (c) "Commissioner" shall mean the commissioner of the New York state\ndepartment of transportation.\n (d) "Department" shall mean the New York state department of\ntransportation.\n (e) "Capital project" shall mean a construction project which shall\nmodify railroad facilities to substantially improve the efficiency,\ncapacity, or safety of railroad freight or passenger transportation, as\ndetermined by the commissioner, in one or more of the following manners:\n (i) a substantial enhancement in rail freight or passenger\ntransportation performance, such as upgrading the class of the railroad\ntrack as track classes are defined in the track safety standards of the\nUnited States department of transportation;\n (ii) the construction of significant new facilities for rail freight\nor passenger transportation, such as the construction of new railroad\nlines, additional tracks along existing lines, sidings, structures,\nyards, stations, signal systems or switching facilities, and intermodal\nfacilities, including, but not limited to, automotive, bulk transfer,\ntrailer on flatcar, container on flatcar, and reload facilities; and\n (iii) major renovations to or expansions of components of railroad\ninfrastructure, such as the reconstruction of bridges or the increase in\nbridge capacity, the expansion of railroad yards, or the substantial\nimprovement of the technology or safety of signal systems.\n 2. (a) A railroad company shall propose a capital project to the\ncommissioner for approval under this section on forms prescribed by the\ndepartment. The commissioner shall approve capital project proposals\nthat are consistent with the terms of this section and rules and\nregulations prescribed by the department. The commissioner shall notify\nthe submitting railroad company within thirty days of receipt of a\nproposal whether or not the commissioner considers the proposal to be\nconsistent with the definition of a capital project as set forth in\nparagraph (e) of subdivision one of this section.\n (b) Upon a railroad company's completion of the construction of a\ncapital project, such railroad company may make application to the\ncommissioner for certification under this section on forms prescribed by\nthe department. If the commissioner finds that such capital project was\ncompleted in accordance with, and is in compliance with, an approved\ncapital project proposal, the commissioner is authorized to forward a\ncertificate of approval to the property owner thereof, with the approved\ncapital project proposal for the completed capital project.\n (c) The department is hereby authorized to adopt and promulgate rules\nand regulations necessary for the implementation of this section. Such\nregulations may relate to the nature and content of eligible capital\nprojects, approved capital project proposals, certifications and notices\nissued by the commissioner, and completed capital projects. Rules and\nregulations relating to capital projects and approved capital project\nproposals or amendments thereto may provide for alternative or\ncontingent terms based on the scope and nature of the capital project.\n (d) This section shall apply to any certified completed capital\nproject. The obligations and benefits of this section shall devolve\nupon the property owner and the heirs, successors, and assigns thereof,\nas the case may be.\n 3. (a) Whenever any alteration of a completed capital project is\nproposed during the period of exemption pursuant to section four hundred\neighty-nine-d or four hundred eighty-nine-dd of this article in a manner\nthat would reduce the utility of the completed capital project, the\nproperty owner shall give not less than sixty days notice to the\ncommissioner in a manner and upon such form as shall be prescribed by\nthe department. Such notice shall include information as to the location\nand nature of such proposed alteration.\n (b) The commissioner shall, in response to a notice from a property\nowner or on the commissioner's own initiative, after notice and hearing,\nissue a notice of revocation of the certificate of approval issued\npursuant to this section for any completed capital project whenever the\ncommissioner finds that:\n (i) any completed capital project or portion thereof is not maintained\nor is converted to a use which precludes the use of the improvement for\ncommon carrier railroad use; or\n (ii) the property owner fails to give notice of a proposed alteration\nof such completed capital project pursuant to paragraph (a) of this\nsubdivision; or\n (iii) the property owner fails to comply with the terms of the\napproved capital project proposal for such improved property.\n 4. Any determination made pursuant to this section shall be binding\nupon the commissioner in any calculation pursuant to this title or title\ntwo-B of this article.\n