§ 97-A — Commuter rail service

§ 97-a. Commuter rail service. 1. As used in this section, unless a\ndifferent meaning clearly appears from the context, the term:\n a. "Commuter rail service" shall mean any rail passenger\ntransportation operation where heavy rail passenger trains provide\nscheduled passenger service for weekday commuters between a city or\ncities and adjacent areas.\n b. "Commuter rail service corridor" shall mean a railroad route which\ncontains one or more segments of railroad track where commuter rail\nservice is in operation.\n c. "Private rail crossing" shall have the same meaning as such term is\ndefined in section ninety-seven of this article.\n d. "Railroad" shall have the same meaning as such term is defined in\nsection ninety-seven of this article.\n 2. No new private rail crossings shall be established in a commuter\nrail service corridor until an application has been made to and approved\nby the commissioner. Whenever an application is made, the commissioner\nshall conduct a hearing to determine if a private rail crossing is\njustified or if an existing public or private crossing could be used to\navoid the creation of a new private rail crossing. If the commissioner\ndetermines that a new private rail crossing is justified and is in the\nbest interest of the people of the state of New York, the commissioner\nshall determine the manner of the crossing, whether it is to be at-grade\nor grade-separated, the location, the manner of protection and the\napportionment of responsibilities and costs for the construction,\ninspection and maintenance of any such private rail crossing, including\nany warning devices.\n 3. a. 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 a\ncommuter rail service. In the event that an agreement on such\nalterations cannot be reached between the railroad owning the crossing,\nproperty owners who are directly impacted by the existing private rail\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\nprivate rail crossing and shall, where applicable, determine the\napportionment of responsibilities and costs for the alteration,\nconstruction, inspection and maintenance of any such private rail\ncrossing, including any warning devices.\n b. Public comment shall be sought on any proposed alteration or\nclosure which will impact public access to lands open to the public for\nrecreational use. Comments received from the public shall be considered\nin any decision to alter or close a private rail crossing. No private\nrail crossing which provides direct access to public state recreational\nlands shall be closed unless the commissioner, in consultation with the\nstate agency with jurisdiction over such lands, finds that there is a\nreasonable alternate route to such lands that maintains public access to\nand the public recreational value of such lands.\n 4. The commissioner shall prepare and promulgate standards and\nspecifications for the design and protection of private rail crossings\nin a commuter rail service corridor and, in consultation with the\nmetropolitan transportation authority, is authorized to adopt and\npromulgate such rules and regulations as may be necessary to implement\nthe provisions of this section. Except as otherwise provided by law,\nsaid rules and regulations shall include guidelines for the allocation\nof responsibility for the costs associated with establishment of any new\nprivate crossings pursuant to subdivision two of this section or the\nclosing or improvement of existing private crossings pursuant to\nsubdivision three of this section and shall recognize that the private\ninterests seeking or using a crossing shall be generally responsible for\nsuch costs as well as all costs associated with the inspection and\nmaintenance of such improvements; and, that the arrangement between the\nrailroad and the owners or occupants of the adjoining properties shall\nbe formalized in an agreement.\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