N.Y. Railroad Law § 97-a: Commuter rail service

§ 97-a. Commuter rail service. 1. As used in this section, unless a

different meaning clearly appears from the context, the term:

a. "Commuter rail service" shall mean any rail passenger

transportation operation where heavy rail passenger trains provide

scheduled passenger service for weekday commuters between a city or

cities and adjacent areas.

b. "Commuter rail service corridor" shall mean a railroad route which

contains one or more segments of railroad track where commuter rail

service is in operation.

c. "Private rail crossing" shall have the same meaning as such term is

defined in section ninety-seven of this article.

d. "Railroad" shall have the same meaning as such term is defined in

section ninety-seven of this article.

2. No new private rail crossings shall be established in a commuter

rail service corridor until an application has been made to and approved

by the commissioner. Whenever an application is made, the commissioner

shall conduct a hearing to determine if a private rail crossing is

justified or if an existing public or private crossing could be used to

avoid the creation of a new private rail crossing. If the commissioner

determines that a new private rail crossing is justified and is in the

best interest of the people of the state of New York, the commissioner

shall determine the manner of the crossing, whether it is to be at-grade

or grade-separated, the location, the manner of protection and the

apportionment of responsibilities and costs for the construction,

inspection and maintenance of any such private rail crossing, including

any warning devices.

3. a. In order to insure public safety, the commissioner may, if he or

she determines it appropriate, require alterations in an existing

private rail crossing, including a farm crossing, which is located in a

commuter rail service. In the event that an agreement on such

alterations cannot be reached between the railroad owning the crossing,

property owners who are directly impacted by the existing private rail

crossing and the department, the commissioner shall conduct a hearing on

the need for such alterations and whether any other alternatives are

available, including the use of an alternate route or the closure of the

private rail crossing and shall, where applicable, determine the

apportionment of responsibilities and costs for the alteration,

construction, inspection and maintenance of any such private rail

crossing, including any warning devices.

b. Public comment shall be sought on any proposed alteration or

closure which will impact public access to lands open to the public for

recreational use. Comments received from the public shall be considered

in any decision to alter or close a private rail crossing. No private

rail crossing which provides direct access to public state recreational

lands shall be closed unless the commissioner, in consultation with the

state agency with jurisdiction over such lands, finds that there is a

reasonable alternate route to such lands that maintains public access to

and the public recreational value of such lands.

4. The commissioner shall prepare and promulgate standards and

specifications for the design and protection of private rail crossings

in a commuter rail service corridor and, in consultation with the

metropolitan transportation authority, is authorized to adopt and

promulgate such rules and regulations as may be necessary to implement

the provisions of this section. Except as otherwise provided by law,

said rules and regulations shall include guidelines for the allocation

of responsibility for the costs associated with establishment of any new

private crossings pursuant to subdivision two of this section or the

closing or improvement of existing private crossings pursuant to

subdivision three of this section and shall recognize that the private

interests seeking or using a crossing shall be generally responsible for

such costs as well as all costs associated with the inspection and

maintenance of such improvements; and, that the arrangement between the

railroad and the owners or occupants of the adjoining properties shall

be formalized in an agreement.

5. The commissioner shall have the power to acquire any real property,

easements, rights-of-way or similar rights necessary for the purposes of

this article in the same manner as property is acquired for state

highway purposes pursuant to the provisions of section thirty of the

highway law.