N.Y. RRD Law § 77-C

§ 77-c. Sanitary conditions. 1. It shall be the duty of every railroad\ncorporation which operates a railroad within the state and whose annual\nrevenue derived exclusively from freight operations is ten million\ndollars or more after applying the railroad revenue deflator formula set\nforth in title 49 CFR, part 1201, subpart A, section 1-1, to: (a)\nprovide each locomotive used on such railroad for transportation or\noccupancy by railroad crew with potable drinking water; (b) maintain the\ntoilet facilities provided on locomotives, so equipped, or cabooses, in\nthose instances in which cabooses are used, in a working and sanitary\ncondition; and (c) ensure that such toilet facility provides privacy to\nthe person using such facility.\n 2. For purposes of this section, the phrase "sanitary conditions"\nshall mean a condition of good order and cleanliness.\n 3. The commissioner of transportation shall enforce the provisions of\nthis section and may issue such order or orders as may be necessary to\nensure compliance with such provisions.\n 4. Notice of violation of the provisions of this section shall be made\nin verified written complaint by a recognized railroad labor\nrepresentative to the railroad superintendent of the division involved,\nand a copy filed with the department of transportation. Upon receipt of\nthe complaint, the superintendent of the division shall advise the\ncomplainant and the department of transportation within five days as to\nthe specific remedies taken or intended to be taken to resolve the\ncomplaint. If the superintendent disputes the allegations contained in\nthe complaint, he, within five days of receipt, shall so notify the\ncomplainant and the department of transportation. The department of\ntransportation shall be allowed a period of fifteen days to determine\nthe validity of the complaint.\n 5. If the department finds that the complaint is meritorious, the\ndepartment shall issue an appropriate order to the railroad specifying\nthe conditions to be rectified and the time period in which such action\nshall be taken. If the railroad does not comply with the department's\norder, the commissioner of transportation shall be empowered to fine the\nrailroad the sum of one hundred dollars for each day the violation\nexists.\n