Bill Text: NY A08767 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Establishes the Adirondack road salt reduction task force, pilot plan and test program.

Spectrum: Moderate Partisan Bill (Democrat 19-3)

Status: (Passed) 2020-12-02 - approval memo.25 [A08767 Detail]

Download: New_York-2019-A08767-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8767

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    November 25, 2019
                                       ___________

        Introduced  by M. of A. JONES -- read once and referred to the Committee
          on Transportation

        AN ACT to establish the Adirondack road salt reduction task force, pilot
          plan and test program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  This  act  shall  be known and may be cited as the "Randy
     2  Preston road salt reduction act".
     3    § 2. 1. There is hereby established an Adirondack road salt  reduction
     4  task force which shall consist of the following fifteen members:
     5    (a) the commissioner of the department of transportation, commissioner
     6  of department of environmental conservation, commissioner of the depart-
     7  ment of health, or the designees of such commissioners;
     8    (b)  the  executive  director  of  the Adirondack park agency or their
     9  designee;
    10    (c) four appointees by the governor;
    11    (d) one designee of the attorney general;
    12    (e) two at large appointees by the Senate majority;
    13    (f) two at large appointees by the Assembly majority;
    14    (g) one appointee by the Assembly minority;
    15    (h) one appointee by the Senate minority.
    16    2. The at large members of the task force  shall  include  individuals
    17  with  expertise  in  the science of road salt contamination and the best
    18  practices of road management.   Task  force  members  shall  receive  no
    19  compensation  for  their services but shall be reimbursed for actual and
    20  necessary expenses incurred in the performance of their duties,  to  the
    21  extent  funds  are appropriated for such purpose. The co-chairpersons of
    22  the task force shall be the commissioners of environmental  conservation
    23  and  transportation or their designees. Each member of the council shall
    24  be entitled to one vote. The task force's approval and adoption  of  the
    25  final  report  pursuant  to  this  section,  and  any subsequent interim

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13704-02-9

        A. 8767                             2

     1  updates thereto, shall require a supermajority of  the  task  force.  No
     2  action  may  be  taken by the task force unless there is a quorum, which
     3  shall be a majority of the members of the task force. Any  vacancies  on
     4  the  task  force  shall be filled in the manner provided for the initial
     5  appointment.
     6    3. The task force shall assess current  department  of  transportation
     7  policies and practices, establishing levels of service for state roadway
     8  management  in  winter  weather for the Adirondack park. This assessment
     9  shall be based on  the  best  available  science  concerning  road  salt
    10  contamination  and the nature, scope and magnitude of associated impacts
    11  to our surface and ground waters, public and private lands, property and
    12  infrastructure.
    13    4. The task force shall prepare and submit to the governor, the tempo-
    14  rary president of the senate, the speaker of the assembly, the chairs of
    15  the senate committees on transportation, environmental conservation  and
    16  health,  the  chairs of the assembly committees on transportation, envi-
    17  ronmental conservation and health, on or  before  September  first,  two
    18  thousand twenty-one, a report containing:
    19    (a)  findings  of an initial assessment of nature, scope and magnitude
    20  of associated impacts to surface and ground waters, public  and  private
    21  lands,  property, health and infrastructure in the Adirondacks using the
    22  best available science. This assessment shall include but not be limited
    23  to measures of salt contamination to drinking water and estimates of the
    24  cost of salt-induced property damage across the Adirondack park;
    25    (b) a review of current state road management practices and levels  of
    26  service for state and local roadways in the Adirondack park;
    27    (c)  a list of actions to be taken by members of the task force, state
    28  and local governments and the public to:
    29    i. enhance winter road maintenance levels of service and best  manage-
    30  ment  practices  and  road salt reduction techniques to reduce road salt
    31  contamination of surface and ground waters in the Adirondacks;
    32    ii. respond rapidly to surface and groundwater  contamination  in  the
    33  Adirondack  park  with  the  intent to mitigate and remediate impacts of
    34  sodium and chloride pollution for homeowners;
    35    iii. establish a training program for  state  and  local  winter  road
    36  maintenance workers; and
    37    iv.  advance  a  public  education campaign to inform the public about
    38  road salt contamination and how the public can reduce the need for  road
    39  salt;
    40    (d)  a  proposal to offer relief for owners of property in the Adiron-
    41  dacks who can demonstrate harm as a result of the  application  of  road
    42  salt along state roadways;
    43    (e) a calculation of the amount of road salt applied on state roadways
    44  annually  for  the  years  2008  through 2018 in the Adirondacks between
    45  October and April of each winter road management season to  serve  as  a
    46  baseline amount;
    47    (f) a publicly accessible record-keeping database system for road salt
    48  purchases with information on applications across the Adirondack park;
    49    (g)  road  salt  reduction targets for the Adirondack park which shall
    50  serve to guide the department of transportation, department  of  health,
    51  and  department  of  environmental  conservation  in measurably reducing
    52  sodium and chloride levels in surface and ground waters; and
    53    (h) recommendations for a robust Adirondack park road  salt  reduction
    54  pilot  plan  and  test program including monitoring and operational plan
    55  goals, objectives, and activities that will subsequently be  implemented
    56  during a multi-year pilot program from 2021 through 2024.

        A. 8767                             3

     1    §  3.  1.  There  is  hereby  established an Adirondack park road salt
     2  reduction pilot plan and test program. The department of transportation,
     3  in partnership with the department of environmental conservation,  shall
     4  conduct  a  multi-year  pilot study, between October 15 and June 30, for
     5  the  years  of  2021  through  2024,  to test best management practices,
     6  updated levels of service, and overall road salt reduction targets.  The
     7  pilot  plan  shall be implemented on all state-owned roadways within the
     8  boundary of the Adirondack park.
     9    2. For the duration of the pilot plan, the department  of  transporta-
    10  tion  and  department of environmental conservation shall test a variety
    11  of application techniques and  road  management  strategies,  and  shall
    12  issue  a  report  on the effectiveness of such techniques and strategies
    13  which shall include the resulting impacts to water quality and levels of
    14  service for each technique and strategy. The techniques  and  strategies
    15  employed shall include, but not be limited to:
    16    (a) varying application methods, rates and frequencies with the intent
    17  to  measurably  reduce  road  salt applied to state roadways. This shall
    18  include test comparisons of applications consisting primarily  of  abra-
    19  sives and applications consisting primarily of deicers, especially anti-
    20  icing and deicing brines;
    21    (b)  implementation of well-established best practices such as cutting
    22  back the canopy where legal and appropriate, and  pre-wetting  abrasives
    23  or solid deicers;
    24    (c) use of the best available technology and equipment for winter road
    25  management;
    26    (d) changes to traffic management or reducing speed limits when weath-
    27  er events make road conditions unsafe;
    28    (e)  third party organizations monitoring water quality of surface and
    29  ground waters on downhill slopes of state  roadways  in  the  Adirondack
    30  park, with all results disclosed to the public in the pilot plan report;
    31    (f) monitoring road conditions with cameras along state roadways;
    32    (g) monitoring truck operators using post-trip reporting and real time
    33  truck operation monitoring;
    34    (h)  tracking accident rates in the Adirondacks that have a connection
    35  to poor weather; and
    36    (i) launching a public education and outreach campaign keeping Adiron-
    37  dack residents and visitors informed of changes to winter  road  mainte-
    38  nance  practices,  speed limits and engaging the public to change behav-
    39  iors to support salt reduction efforts.
    40    3. Following the completion of  the  pilot  plan,  the  department  of
    41  transportation and department of environmental conservation shall submit
    42  a  summary  report  to  the Adirondack road salt reduction task force by
    43  August 30, 2024, identifying effective and  ineffective  techniques  for
    44  winter  road maintenance and revised levels of service in the Adirondack
    45  park.
    46    § 4. This act shall take effect immediately.
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