NY RR L § 97-A (2021)
2021 New York Laws RRD - Railroad Article 3 - Construction, Operation and Management 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.