§ 222. Applicability; general provisions of grade crossing\nelimination. 1. This article shall apply to all highway-railroad grade\ncrossing eliminations the construction work for which is commenced on or\nafter March first, nineteen hundred seventy-one, except that any such\nprojects authorized pursuant to the provisions of the highway law may be\nconstructed in accordance therewith. Construction commenced on\nhighway-railroad grade crossing elimination projects before March first,\nnineteen hundred seventy-one pursuant to orders of the public service\ncommission shall be completed in accordance with this article.\n 2. The commissioner shall report not later than December first in each\nyear to the governor, the chairman of the finance committee of the\nsenate and the chairman of the ways and means committee of the assembly,\nthe projects which have been completed during the preceding twelve\nmonths, those under construction, those ordered but upon which\nconstruction work has not been started, the amount expended on the\ncompleted and partially completed work, an estimate of the cost of work\nnot completed and an estimate of the cost of eliminations ordered\nrespecting which no expenditures have been made.\n 3. The governing body of any municipality in which a highway-railroad\ngrade crossing is located or any railroad company for any railroad\noperated by it which has railroad tracks that are crossed at grade by a\nhighway may petition the commissioner to institute grade crossing\nelimination procedures pursuant to this article. The commissioner shall\nhold public hearings on any elimination requested by such petition which\nin his judgment warrants examination. Upon his own motion, the\ncommissioner may investigate any other highway-railroad grade crossing\nwhich he determines should be considered for elimination. The\ncommissioner, upon such notice as he shall deem reasonable to the\nmunicipality in which the highway-railroad grade crossing is located,\nthe railroad company whose railroad tracks are crossed at grade by the\nhighway and any other party deemed by the commissioner to be interested\nin the elimination procedure, shall hold public hearings to consider any\nsuch elimination. The commissioner shall promulgate rules and\nregulations concerning the procedure to be followed at such hearings and\nthe matters to be considered at such hearings.\n 4. After the conclusion of such hearings, the commissioner shall, by\norder, determine whether it is in the public interest to require the\nelimination of such highway-railroad grade crossing. Any elimination\norder shall also determine the manner in which such elimination shall be\nmade including a determination as to the alteration to be made in such\ncrossing, its approaches, the method of crossing, the character of the\nstructure and approaches, the type and extent of pavement, the location\nof the crossing, the closing and discontinuance of a crossing and the\ndiversion of traffic from an existing crossing to an existing or a new\nhighway, road, street or crossing, or the opening of an additional\ncrossing and also including, if so determined by the commissioner, a\nchange in the location of the railroad when necessary to effect the\nelimination of such crossing. Whenever the commissioner shall have, by\norder, determined that it is in the public interest to require the\nelimination of two or more grade crossings, and if it appears that the\ncost would not substantially exceed the cost of the eliminations at the\npresent locations, and if the public interest is better served and the\nnumber of such eliminations could be reduced by relocating the railroad,\nthe commissioner after a hearing may order such relocation. Such\nhearing shall be held upon such notice as the commissioner shall deem\nreasonable, but not less than ten days, to the railroad company\ninvolved. Notice shall also be given to the municipalities and persons\ndeemed by the commissioner to be intereste
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