Section 236. Program of railroad bridge inspection

1.  Program
  establishment.   Notwithstanding any  other  provision  of  law  to  the
  contrary,  the  commissioner  is  authorized  and directed to establish,
  implement and exercise oversight  over  a  program  of  railroad  bridge
  inspection  by  all railroads as defined herein which shall apply to all
  railroad bridges whether publicly or privately owned.
    2.  Bridge  inventory.  (a)  Each  railroad  shall  provide   to   the
  commissioner  an inventory of every railroad bridge either owned or used
  by such  railroad  whether  exclusively  or  with  another  railroad  or
  railroads.  Each  such  inventory  shall  contain  a statement as to the
  ownership of all railroad bridges listed thereon and, if  not  owned  by
  the  filing  railroad, such railroad shall state the circumstances under
  which it is operating over such railroad bridges. With regard to bridges
  owned or maintained by the filing railroad, such inventory may be in the
  format currently maintained by  each  railroad  provided  the  inventory
  identifies:    (i)  the  owner  of  the  railroad  if different from the
  railroad submitting the inventory; (ii) a  description  of  each  bridge
  reflecting  the  condition  of  the  bridge  as determined by the latest
  inspection report; and (iii) the maximum load for  each  of  its  lines.
  Each inventory submitted shall contain the following administrative data
  with  regard  to each bridge owned or maintained by the filing railroad:
  the bridge  identification  number;  the  railroad  bridge  number;  the
  railroad  line code (if applicable); the railroad mile post; the county;
  the  operating  railroad  or  railroads;  other  features  carried   (if
  applicable);  features  intersected  description;  features  intersected
  code; owner or  owners;  maintenance  responsibilities;  and  inspection
  responsibilities.  Each  inventory  submitted  shall  also  contain  the
  following general data with regard to each bridge owned or maintained by
  the filing railroad: the year built; the year rehabilitated; the  number
  of  tracks  crossing the bridge; the type of rail service; the number of
  spans; and the bridge type.
    (b) In any instance in which more than one railroad  operates  over  a
  bridge,  the  inventory shall identify which railroad has responsibility
  for the inspection and maintenance.
    3. Bridge inspection. (a) The department  shall  develop  and  publish
  railroad  bridge inspection standards. Such standards shall be developed
  in consultation with representatives of railroads operating  within  the
  state and insofar as practicable, shall not be inconsistent with current
  American   railway   engineering  and  maintenance  of  way  association
  recommended practices.
    (b) Each railroad shall develop and submit to the  department  written
  bridge  management  and  inspection procedures. Such procedures shall be
  developed under the supervision of a licensed professional engineer, and
  shall  be  consistent  with  generally  accepted   railway   engineering
  standards  and procedures for railroad bridge inspection and shall be in
  conformance with the standards developed by the department as set  forth
  in  paragraph  (a)  of  this subdivision. The procedures shall contain a
  format for the reporting document to be  submitted  to  the  department.
  Such  reports  shall  contain  the  qualifications  of  the  individuals
  performing bridge inspection activities.
    (c) Railroad bridge inspections  shall  be  performed  by  technicians
  whose   training  and  experience  enable  them  to  detect  and  record
  indications of distress on a bridge. Inspectors  must  provide  accurate
  measurements  and other information about the condition of the bridge in
  sufficient detail to a licensed professional engineer who shall make  an
  evaluation of the capacity and safety of the bridge.
    (d) Each railroad shall conduct an inspection of every railroad bridge
  located  in  the  state  for  which it has inspection responsibility, in

  accordance with the bridge inventory set forth  in  subdivision  two  of
  this  section,  at  least  once  in  each calendar year and following an
  occurrence which the railroad reasonably believes may have  reduced  the
  capacity of any bridge.
    (e)  A copy of the inspection report for each railroad bridge shall be
  maintained by the appropriate railroad for a period  of  not  less  than
  five  years.  The  reports shall be comprehensible to a competent person
  without interpretation by the reporting inspector.
    (f)  Not  later  than  March  fifteenth  of  each  year,  a   licensed
  professional  engineer  or  other  responsible  officer of each railroad
  shall file a certification  that  each  bridge  has  been  inspected  in
  accordance with the bridge management and inspection procedures and that
  every structure is safe for the loading imposed, and additionally, shall
  advise  the commissioner of any change affecting bridge safety which has
  occurred since the last certification.
    (g) If, as a result of an inspection, a bridge  is  determined  to  be
  unsafe, the railroad shall immediately notify the commissioner and shall
  take  appropriate remedial action to ensure that such structure is safe.
  Upon completion of such remedial action, the railroad shall provide  the
  commissioner  with  a  certification by a licensed professional engineer
  that the bridge is now safe for the  loadings  imposed.  If  a  railroad
  shall  fail  to  take  remedial  action, the commissioner may direct the
  railroad to take appropriate action, including requiring the closing  of
  the  bridge.  Any  order  of  the  commissioner  shall  be reviewable in
  accordance with article seventy-eight of  the  civil  practice  law  and
  rules.
    (h)  For  purposes of this section, a "licensed professional engineer"
  shall mean  a  professional  engineer  who  is  authorized  to  practice
  engineering under title eight of the education law.
    4.  Powers  of the commissioner. The commissioner shall have the power
  to adopt, promulgate, amend and rescind such rules  and  regulations  as
  the  commissioner  deems  appropriate  to  carry  out the provisions and
  purposes of  this  article  or  to  enforce  any  standards  established
  hereunder.  All  existing rules and regulations requiring inspection and
  certification of railroad bridges shall remain in effect until such time
  as  new  rules  and  regulations  are  promulgated.   Additionally   the
  commissioner  shall  be  authorized  to  review  the inspection reports,
  inventories and other supporting documents, to compel the production  of
  any books, papers, records and documents relevant to the railroad bridge
  inspection program, and to subpoena witnesses, administer oaths and take
  testimony,  and  to  maintain a civil suit against any public or private
  entity to compel compliance with the provisions of this chapter.
    5. Phase in of program. In order to permit the orderly  implementation
  of  the  railroad  bridge  inspection program, the inventory of railroad
  bridges as herein provided shall be submitted  to  the  commissioner  by
  January   twenty-ninth,  nineteen  hundred  ninety-seven.  All  railroad
  bridges over which passenger rail service is provided shall be inspected
  not  later  than  January  first,  nineteen  hundred  ninety-nine,   and
  certification   submitted   to  the  department  not  later  than  March
  fifteenth, nineteen hundred  ninety-nine.  All  other  railroad  bridges
  shall  be  inspected  and  certified not later than July first, nineteen
  hundred ninety-nine.