NY Transp L § 135 (2021)
2021 New York Laws TRA - Transportation Article 5 - The Powers of the Commissioner in Respect to Common Carriers 135 - Rail Safety Fee.

§ 135. Rail  safety  fee.  1.  For the fiscal year commencing on April   first, nineteen hundred ninety-one and for each fiscal year  thereafter,   the  expenses  of the administration and enforcement of the department's   railroad safety functions shall be assessed in the form of a fee.2. The annual fee referred to in subdivision one of this section shall   be established and levied by the commissioner, subject to  the  approval   of  the  director  of  the  division of the budget, in an amount that is   sufficient to raise funds to defray the expenses of  the  department  in   administering  and  enforcing  its  railroad  safety  and related duties   pursuant to the provisions of this chapter and the  railroad  law.  Such   expenses  shall  consist  of  the  direct costs in the department's rail   safety  program  of  personal  service,  the  cost  of  maintenance  and   operation, retirement contributions, workers' compensation premiums, and   health and dental premiums which are paid by the state for or on account   of  personnel  involved  in the department's railroad safety program and   any other indirect costs involved in administering  and  enforcing  rail   safety  as  deemed  appropriate  by the commissioner, provided, however,   that such indirect costs shall not exceed twenty percent of total direct   costs.3. The fee shall be assessed against all railroads  operating  in  the   state  of  New  York  and  shall  be  based  on railroad gross operating   revenues derived or earned from  operations  within  the  state  in  the   preceding  calendar  year.  In  instances where railroad gross operating   revenues are reported on a system basis and its operations  cross  state   lines,  the  revenues derived or earned from operations within the state   shall be the ratio of revenue freight  ton  miles  operated  within  the   state  to total revenue freight ton miles times the total railroad gross   operating revenues for freight operations and  the  ratio  of  passenger   miles  travelled  within  the  state  to total system passenger miles of   routes operating through the  state  times  the  total  gross  operating   revenues for passenger operations.4. Fees will be based on revenues from the preceding calendar year and   shall  be  assessed on or before July first and are payable by September   first of each year. On or before January first of  each  year  following   assessment  of  fees  pursuant  to  this section, the commissioner shall   report to the railroad  companies  annual  costs  associated  with  this   assessment.5.  The department shall annually submit a report by February first of   each year to the chairmen of the senate finance and  assembly  ways  and   means  committees  which  provides:  a  listing  of department positions   funded in part or whole by the rail safety fee established  pursuant  to   this  section;  for  the  current  state  fiscal year and the next state   fiscal year, the dollar amount of total  direct  costs  and  the  dollar   amount  of  total  indirect  costs funded or anticipated to be funded by   said rail safety fee; and a listing by railroad of the total annual  fee   assessed,  the  total  annual fee collected to date and the total annual   fee anticipated to be collected by the end of the current  state  fiscal   year   and   during  the  next  state  fiscal  year.  In  addition,  the   commissioner shall include within this report any plans to  increase  or   decrease  said  rail  safety  fee  and  provide  an explanation for, and   description of the impact of, such increase or decrease in fee amount.