Given a second chance to act, New York Governor Kathy Hochul has chosen to side with safety.

In late 2022, a bill requiring two-person crews on freight trains in the state reached her desk — and she vetoed it.

But something changed in 2023. Perhaps it was seeing legislatures and governors in both Ohio and Minnesota take the steps to pass legislation, or the catastrophic derailment in East Palestine, Ohio, that happened last February.

Either way, Hochul made the right decision on December 8, 2023, when she signed S.5775 into law: capping a superlative effort from SMARTTD’s New York State Legislative Board led by State Legislative Director Sam Nasca.

A mere three years ago, a bill establishing a minimum freight crew size did not even make it out of a state Senate committee. Now, New York is the third state in 2023 to pass two-person crew legislation, bringing the total number of states to have implemented legislation or regulations regarding a minimum two-person crew to 12.

“Another state has come to the conclusion that a two-person crew is appropriate and necessary for safe railroad operations,” SMART-TD National Legislative Director Greg Hynes said. “We thank all of the legislators, especially state Senator Timothy Kennedy, who introduced the bill in his chamber, and Assemblyman Bill Magnarelli for their leadership.

“Congratulations to all on the TD New York State Legislative Board for pulling together and achieving another victory.”

The bill was introduced in March and establishes an escalating structure of fines for violations by Class I and II rail carriers that run freight trains without two on the crew in the state. It took effect in January 2024.

Given a second chance to act, New York Gov. Kathy Hochul has chosen to side with safety.

In late 2022, a bill requiring two-person crews on freight trains in the state reached her desk and she vetoed it.

But something changed this year — perhaps it was seeing legislatures and governors in both Ohio and Minnesota to the west take the steps to pass legislation or the catastrophic derailment in East Palestine, Ohio, that happened in February.

On Dec. 8, Hochul signed S.5775 into law, capping a superlative effort from SMART-TD’s New York State Legislative Board led by State Legislative Director Sam Nasca.

A mere three years ago, a bill establishing a minimum freight crew size did not even make it out of a state Senate committee. Now, New York is the third state this year to pass and have the governor sign 2PC legislation, bringing the total number of states to have implemented legislation or regulations regarding a minimum two-person crew to a dozen.

“Another state has come to the conclusion that a two-person crew is appropriate and necessary for safe railroad operations,” National Legislative Director Greg Hynes said. “We thank all of the legislators, especially state Sen. Timothy Kennedy, who introduced the bill in his chamber, and Assemblyman Bill Magnarelli for their leadership.”

“Congratulations to all on the TD New York State Legislative Board for pulling together and achieving another victory.”

The bill was introduced in March and establishes an escalating structure of fines for violations by Class I and II rail carriers that run freight trains without two on the crew in the state. It takes effect in January 2024.

A national regulation on crew size remains pending before the Federal Railroad Administration.

N.Y. Governor Kathy Hochul

The two-person crew bills introduced in New York state, Assembly Bill 1287B and Senate Bill 3953B, have passed both chambers of the state Legislature as of Tuesday, May 31. Both bills have been combined into Senate Bill 3953 and are now headed to the desk of Gov. Kathy Hochul (D) for signing.

The SMART-TD New York State Legislative Board urges all SMART members in the state to contact Governor Hochul and tell her to sign the two-person crew bill – Senate Bill 3953 — into law.

“We need our members to contact the governor’s office, urging her to sign the bill so we can wrap this effort up,” TD N.Y. State Legislative Director Sam Nasca said. “This is a big accomplishment, and a lot of effort went into this by a lot of members and others, which I want to offer my deepest thanks.”

Follow this link to contact Gov. Hochul, call her at 1-518-474-8390 or write to:

The Honorable Kathy Hochul
Governor of New York State
NYS State Capitol Building
Albany, NY 12224