Section 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.