§ 97 — Intercity rail passenger service

§ 97. Intercity rail passenger service. 1. As used in this section,\nunless a different meaning clearly appears from the context, the term:\n a. "Intercity rail passenger service" shall mean any intercity rail\npassenger transportation operation where rail passenger trains operate\non a regular scheduled basis.\n b. "Intercity rail passenger service corridor" shall mean a continuous\nrailroad route which contains one or more segments of railroad track or\ntracks where intercity rail passenger service is in operation by the\nnational rail passenger corporation.\n c. "Public rail crossing" shall mean a crossing where a highway,\nroadway or similar facility, which is owned by a government, either\nfederal, state or local, a public authority or a public agency, crosses\na railroad track or tracks, is open to the public and has been\ndesignated as such by order of the commissioner, or recognized as having\nbeen a public at-grade crossing prior to eighteen hundred ninety-seven.\n d. "Private rail crossing" shall mean a crossing which traverses a\nrailroad track or tracks and may be used by the owner of the\nright-of-way, the owner's invitees and others, including the public, but\nhas not been declared or recognized as a public rail crossing by the\ncommissioner.\n e. "Railroad" shall mean a private or public railroad operating in the\nstate of New York carrying either freight or passengers or freight and\npassengers including, but not limited to, those operated by the\nmetropolitan transportation authority and its subsidiaries, including\nthe Long Island Rail Road or operated by any other public authority or\nlocal government.\n 2. No new private rail crossings shall be established in an intercity\nrail passenger service corridor until an application has been made to\nand approved by the commissioner. Whenever an application is made, the\ncommissioner shall conduct a hearing to determine if a private rail\ncrossing is justified or if an existing public or private crossing could\nbe used to avoid the creation of a new crossing. If the commissioner\ndetermines that a crossing is justified and is in the best interest of\nthe people of the state of New York, the commissioner shall determine\nthe manner of the crossing, whether it is to be at-grade or\ngrade-separated, the location, the manner of protection and the\napportionment of responsibility for the maintenance of any such\ncrossing, including any warning devices.\n 3. In order to insure public safety, the commissioner may, if he or\nshe determines it appropriate, require alterations in an existing\nprivate rail crossing, including a farm crossing, which is located in an\nintercity rail passenger service corridor and is hereby authorized to\nparticipate in the cost of such alterations. In the event that an\nagreement on such alterations cannot be reached between the railroad\nowning the crossing, property owners who are directly impacted by the\ncrossing and the department, the commissioner shall conduct a hearing on\nthe need for such alterations and whether any other alternatives are\navailable, including the use of an alternate route or the closure of the\ncrossing and shall, where applicable, determine the apportionment of\nresponsibility for the alteration and maintenance of any such crossing,\nincluding any warning devices. Public comment shall be sought on any\nproposed alteration or closure which will impact public access to lands\nopen to the public for recreational use. Comments received from the\npublic shall be considered in any decision to alter or close such a\ncrossing. No crossing which provides direct access to public state\nrecreational lands shall be closed unless the commissioner, in\nconsultation with the state agency with jurisdiction over such lands,\nfinds that there is a reasonable alternate route to such lands that\nmaintains public access to and the public recreational value of such\nlands.\n 4. The commissioner shall prepare and promulgate standards and\nspecifications for the design and protection of private rail crossings\nin an intercity rail passenger service corridor and is authorized to\nadopt and promulgate such rules and regulations to accomplish this as\nshall be deemed necessary.\n 5. The commissioner shall have the power to acquire any real property,\neasements, rights-of-way or similar rights necessary for the purposes of\nthis article in the same manner as property is acquired for state\nhighway purposes pursuant to the provisions of section thirty of the\nhighway law.\n