2006 New York Code - Power Of Commissioner To Order Repairs Or Changes.

 
    § 120. Power  of  commissioner  to order repairs or changes. If in the
  judgment of the commissioner, additional tracks, switches, terminals  or
  terminal  facilities,  stations,  motive  power,  or any other property,
  construction, apparatus, equipment, facilities or device for use by  any
  common carrier in or in connection with the transportation of passengers
  or   property  ought  reasonably  to  be  provided  or  any  repairs  or
  improvements to or changes in any thereof in use ought reasonably to  be
  made,  or  any additions to changes in construction should reasonably be
  made thereto in order to promote the  security  or  convenience  of  the
  public  or  employees,  or  in  order  to  secure  adequate  service  or
  facilities for the transportation  of  passengers  or  property,  or  to
  overcome  or  to  minimize except by change of motive power nuisances of
  smoke,  soot,  or  cinders,  arising  from  the  operation  outside  the
  corporate  limits  of  a  city  of  such common carrier, such changes or
  additions in equipment not to be in conflict with any federal statute or
  regulation, the commissioner shall, after a hearing either  on  his  own
  motion  or  after  complaint,  make  and  serve  an order directing such
  repairs,  improvements,  changes  or  additions  to  be  made  within  a
  reasonable  time  and  in  a  manner  to be specified therein, and every
  common  carrier  shall  make  all  repairs,  improvements,  changes  and
  additions  required  of  it by any order of the commissioner served upon
  it. If  any  repairs,  improvements,  changes  or  additions  which  the
  commissioner has determined to order require joint action by two or more
  of  said  carriers,  the commissioner shall, before entry and service of
  order, notify the said carriers that such repairs, improvements, changes
  or additions will be required and that the same shall be made  at  their
  joint  cost,  and  thereupon the said carriers shall have thirty days or
  such longer time as the commissioner may grant  within  which  to  agree
  upon the part or division of cost of such repairs, improvements, changes
  or  additions  which  each shall bear. If at the expiration of such time
  such carriers shall fail to file with the commissioner a statement  that
  an  agreement  has  been  made  for  a division or apportionment of such
  repairs, improvements, changes or additions the commissioner shall  have
  authority,  after further hearing, to fix in his order the proportion of
  such cost or expense to be borne by each such company and the manner  in
  which  the same shall be paid and secured. But this section shall not be
  construed to authorize the commissioner to require two or more  railroad
  companies to unite in the erection of a union station.