N.Y. Railroad Law § 180: Motive power

§ 180. Motive power. Any street surface railroad may operate any

portion of its road by cable, electricity, or any power other than

locomotive steam power, which said locomotive steam power is primarily

generated by the locomotive propelling the cars, and in the use of which

either escaping steam or smoke is visible, which may be approved by the

commissioner of transportation and consented to by the owners of

one-half of the property bounded on that portion of the railroad, with

respect to which a change of motive power is proposed; and if the

consent of such property owners can not be obtained, the determination

of three disinterested commissioners, appointed by the appellate

division of the supreme court of the department in which such railroad

is located, in favor of such motive power, confirmed by the court, shall

be taken in lieu of the consent of the property owners. The consent of

the property owners shall be obtained and the proceedings for the

appointment and the determination of the commissioners and the

confirmation of their report shall be conducted in the manner prescribed

in sections one hundred and seventy-one and one hundred and seventy-four

of this article, so far as the same can properly be made applicable

thereto. Any railroad corporation making a change in its motive power

under this section, may make any changes in the construction of its road

or roadbed or other property rendered necessary by the change in its

motive power. Where a street surface railroad in the counties of

Herkimer and Hamilton is located wholly outside the limits of an

incorporated city or village, such railroad may, with the approval of

the commissioner of transportation, be operated by locomotive steam

power, provided that such steam power is generated by oil from and

including April fifteenth to and including November thirtieth, and by

either oil or coal from and including December first to and including

April fourteenth.