Assemblywoman Jenifer Rajkumar’s Landmark Bill Ending Noxious Waste by Rail Emissions Signed into Law

Landmark environmental and health bill requires trains transporting waste to be covered

Assemblywoman took up bill and passed it unanimously in only one term after over 13 years of struggle & nonaction

South Queens, NY – Governor Kathy Hochul has signed into law Assemblywoman Jenifer Rajkumar’s landmark bill A4928, which requires waste transported by rail to be covered with hard tarping to stop dangerous spillage and the emission of noxious gasses.

The Assemblywoman took the lead on the bill in response to the concerns of her constituents living along the rails. People shared stories of unbearable odors and toxic emissions from waste on trains at all hours. One constituent living along rail tracks revealed he had been diagnosed with lung cancer. Administrators at Christ the King Regional High School reported students unable to concentrate due to headaches and nausea from nearby waste by rail.

Assemblywoman Rajkumar said, “I am proud to bring the people of New York State this monumental achievement for our environment and health. By simply covering rail cars transporting waste, we will prevent noxious fumes and hazardous waste from endangering people. All we have to do is put a lid on it. lt is time to put a lid on the garbage, to put a lid on the noxious fumes, to put a lid on the hazardous waste. It’s time to put a lid on the destruction of our health and to put a lid on the destruction of our environment. Just put a lid on it. It is common sense.”

Assemblywoman Rajkumar took up a bill that had languished in the legislature for 13 years, and passed it with a unanimous 148-0 vote. She had overwhelming bipartisan support. Drawing upon this momentum, State Senator Joseph Addabbo was able to pass the bill in his chamber soon after. With its signing, the bill will take effect in 90 days.

The Waste By Rail industry continues to grow exponentially. Waste by rail is a burgeoning method of waste management that has increased 35% since 2020.With the expansion of this industry, rails in the Assemblywoman’s district have become a major thoroughfare for waste from Long Island. This waste is transported long distances upstate to available landfills, often in containers uncovered or covered only by a porous mesh tarp. The waste produces noxious gas, leachate, spill off, and odors in the neighborhoods surrounding tracks. Sometimes the trains park by homes for hours or days, subjecting residents to unbearable fumes for long periods of time.

Odors and emissions from waste by rail are affecting New Yorkers statewide: in the Saratoga County town of Mechanicville, residents experience “trash train days” where they cannot go outside due to the smell from waste trains idling. Assemblywoman Jennifer Lunsford (D-AD 135), a co-sponsor of Rajkumar’s bill who represents Monroe County, said emissions from waste by rail was the number one complaint from her constituents. She routinely fields 50 to 70 complaints per week.

Assemblywoman Lunsford said, “I cannot tell you how grateful the people of the 135th District will be to hear of the passage of this bill. It's enormously important and long overdue.”

Assemblywoman Rajkumar’s colleague in a neighboring district in Queens and long-time supporter of the bill, Assemblyman Andrew Hevesi spoke enthusiastically in support of the bill on the floor, noting how it would benefit the Queens community shared by both himself and the Assemblywoman.

Assemblyman Hevesi said on the Assembly floor, “Assemblywoman Rajkumar and I share the same communities and this has been an ongoing issue for many, many years…this is also going to deal with the biggest issues our constituents complain about. This is an ongoing problem. I am so grateful for the sponsor [Assemblywoman Rajkumar] for her leadership on this. This is a great day for our community.”

Significantly, the Speaker of the New York State Assembly Carl Heastie also weighed in: “Every New Yorker deserves to live in a safe and healthy environment. This legislation will ensure that the transportation of waste via rail does not put neighboring communities at risk from leaks, spills or odors and fumes.”

Assemblywoman Rajkumar and Senate sponsor Joseph Addabbo hosted a celebration with Community Board 5 and Civics United for Railroad Environmental Solutions (CURES), a local group that has fought for years to end environmental and health hazards caused by rail in the Queens community. 

State Senator Joseph Addabbo said, “I want to first thank my good friend and colleague in the Assembly, Assemblymember Jenifer Rajkumar, her persistence and her fight on this bill. Thank you so much, Jenifer. I really appreciate it…This bill will certainly improve the quality of life of our constituents.”

CURES Chair Mary Parisen Lavelle said, “It is with our deepest gratitude that we express our appreciation to both Assemblywoman Rajkumar and Senator Addabbo on their monumental accomplishment on getting state legislation passed to containerize waste in rail cars. The victory we’re celebrating today belongs to them, it belongs to the residents, the civics, and Community Board 5.”

CURES Co-Founder Mary Arnold said, “I just want to add my thanks…Our gratitude is inexpressible…We really can’t say enough. Your heart and your intelligence. You’re good people. We really appreciate it.”

CURES member William Gati said, “We owe a tremendous debt of gratitude to two extremely wonderful advocates for our condition…This is a tireless effort…With great support from our community and our community leaders, we managed to do this.”