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S5775

An act to amend the Railroad Law — 2023-05-23 · Calendar #1106

The New York State Senate passed a comprehensive freight rail safety bill (S5775) by a vote of 55-6, part of a 10-bill package designed to strengthen rail safety across the state in response to the East Palestine, Ohio derailment disaster. Sponsored by Sen. Kennedy and developed by Majority Leader Andrea Stewart-Cousins along with Sens. Chu, Webb, Hinchey, Skoufis, Comrie, Mannion, and Martinez, the legislation requires two-person crews on freight trains, mandates hazardous material notifications to state agencies, limits train lengths, establishes quarterly inspection requirements, and creates a central freight train registry. The bill also authorizes heat safety gauges on tracks, rail yard security analysis, and a freight rail safety task force. Kennedy emphasized that with over 1,100 derailments occurring nationally each year, New York must act independently rather than wait for federal action. Sen. Oberacker cast one of six dissenting votes, expressing concern that the two-person crew requirement could impede freight movement and worsen supply chain challenges, though he acknowledged the legislation's good intentions. He suggested the crew requirement should apply only to trains carrying hazardous chemicals. The bill now advances to the Assembly and Governor's desk.
Passed Senate Ayes: 55 · Nays: 6

Debate Summary

Sen. Kennedy presented a package of 10 freight rail safety bills prompted by the East Palestine, Ohio derailment disaster, emphasizing that rail safety is critical as freight rails traverse every community in New York State. The package includes requirements for two-person crews, hazardous material notifications, train length limits, inspection mandates, heat safety gauges, a central registry, rail yard security analysis, and a freight rail safety task force. Sen. Oberacker expressed concern that the two-person crew requirement could negatively impact supply chains and freight movement efficiency, though he acknowledged the bills' good intentions and suggested the crew requirement should be limited to trains carrying hazardous chemicals.

Recorded Votes

Individual vote records shown here are captured from roll call mentions in floor transcripts. Because most bills pass with unanimous or near-unanimous ayes, only dissenting (nay) votes are typically read into the record — so the table below skews toward no votes. The full tally (ayes/nays above) reflects the official count.

Senator Vote Party
Kennedy aye
Griffo nay Republican
Helming nay Republican
Oberacker nay Republican
Ortt nay Republican
Walczyk nay Republican
Weik nay Republican