§ 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 in conformity with the rail safety improvement act of 2008, subchapter I of chapter 201 of part A of subtitle V of title 49 of the United States code as such law may, from time to time, be amended and part 237 of title 49 of the code of federal regulations as such regulations may, from time to time, be amended, by all railroads as defined herein which shall apply to all railroad bridges whether publicly or privately owned. 2. Bridge inventory. 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 as required to be maintained by part 237 of title 49 of the code of federal regulations as such regulations may, from time to time, be amended. 3. Bridge inspection. (a) Each railroad shall develop a bridge safety management program and submit to the department written bridge management and inspection procedures as required to be maintained and developed by part 237 of title 49 of the code of federal regulations as such regulations may, from time to time, be amended.

(b) Railroad bridge inspections shall be performed by railroad bridge inspectors in conformity with part 237 of title 49 of the code of federal regulations as such regulations may, from time to time, be amended. The term "railroad bridge inspectors" shall have the same meaning as such term is defined by section 237.53 of title 49 of the code of federal regulations as such regulations may, from time to time, be amended.

(c) Each railroad shall conduct an inspection of every railroad bridge located in the state for which it has inspection responsibility consistent with part 237 of title 49 of the code of federal regulations as such regulations may, from time to time, be amended.

(d) A copy of the inspection report for each railroad bridge shall, consistent with part 237 of title 49 of the code of federal regulations as such regulations may, from time to time, be amended, be maintained by the appropriate railroad for a period of not less than two years, provided that each copy of an underwater inspection report shall be retained until the completion and review of the next underwater inspection of the bridge. If requested by the department, the railroad shall submit the inspection report within thirty business days to the department.

(e) 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 part 237 of title 49 of the code of federal regulations as such regulations may, from time to time, be amended, and additionally, shall advise the commissioner of any change affecting bridge safety which has occurred since the last certification.

(f) 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 or other responsible officer 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.

(g) 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, consistent with part 237 of title 49 of the code of federal regulations as such regulations may, from time to time, be amended, as the commissioner deems appropriate to carry out the provisions and purposes of this article or to enforce any standards established hereunder. 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.