Bill Text: NY S07367 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes the New York city watershed road salt reduction task force, pilot plan and test program.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-07-22 - referred to transportation [S07367 Detail]

Download: New_York-2019-S07367-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         7367--A

                    IN SENATE

                                    January 22, 2020
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee on Transportation --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted to said committee

        AN ACT to establish the New York city watershed 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.  1.  There is hereby established a New York city watershed
     2  road salt reduction task force which  shall  consist  of  the  following
     3  fifteen members:
     4    (a) the commissioner of the department of transportation, commissioner
     5  of department of environmental conservation, commissioner of the depart-
     6  ment of health, or the designees of such commissioners;
     7    (b) the mayor of the city of New York, or his or her designee;
     8    (c) four appointees by the governor;
     9    (d) one designee of the attorney general;
    10    (e) two at large appointees by the Senate majority;
    11    (f) two at large appointees by the Assembly majority;
    12    (g) one appointee by the Assembly minority;
    13    (h) one appointee by the Senate minority.
    14    2.  The  at  large members of the task force shall include individuals
    15  with expertise in the science of road salt contamination  and  the  best
    16  practices  of  road  management.    Task  force members shall receive no
    17  compensation for their services but shall be reimbursed for  actual  and
    18  necessary  expenses  incurred in the performance of their duties, to the
    19  extent funds are appropriated for such purpose. The  co-chairpersons  of
    20  the  task force shall be the commissioners of environmental conservation
    21  and transportation or their designees. Each member of the council  shall
    22  be  entitled  to one vote. The task force's approval and adoption of the
    23  final report pursuant  to  this  section,  and  any  subsequent  interim
    24  updates  thereto,  shall  require  a supermajority of the task force. No
    25  action may be taken by the task force unless there is  a  quorum,  which
    26  shall  be  a majority of the members of the task force. Any vacancies on

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14723-02-0

        S. 7367--A                          2

     1  the task force shall be filled in the manner provided  for  the  initial
     2  appointment.
     3    3.  The  task  force shall assess current department of transportation
     4  policies and practices, establishing levels of service for state roadway
     5  management in winter weather for the New  York  city  watershed.    This
     6  assessment  shall be based on the best available science concerning road
     7  salt contamination and the nature, scope  and  magnitude  of  associated
     8  impacts  to  our  surface  and  ground waters, public and private lands,
     9  property and infrastructure.
    10    4. The task force shall prepare and submit to the governor, the tempo-
    11  rary president of the senate, the speaker of the assembly, the chairs of
    12  the senate committees on transportation, environmental conservation  and
    13  health,  the  chairs of the assembly committees on transportation, envi-
    14  ronmental conservation and health, on or  before  September  first,  two
    15  thousand twenty-one, a report containing:
    16    (a)  findings  of an initial assessment of nature, scope and magnitude
    17  of associated impacts to surface and ground waters, public  and  private
    18  lands,  property,  health  and  infrastructure  in  the  New  York  city
    19  watershed using  the  best  available  science.  This  assessment  shall
    20  include but not be limited to measures of salt contamination to drinking
    21  water  and  estimates of the cost of salt-induced property damage across
    22  the New York city watershed;
    23    (b) a review of current state road management practices and levels  of
    24  service for state and local roadways in the New York city watershed;
    25    (c)  a list of actions to be taken by members of the task force, state
    26  and local governments and the public to:
    27    i. enhance winter road maintenance levels of service and best  manage-
    28  ment  practices  and  road salt reduction techniques to reduce road salt
    29  contamination of  surface  and  ground  waters  in  the  New  York  city
    30  watershed;
    31    ii.  respond  rapidly  to surface and groundwater contamination in the
    32  New York city watershed  with  the  intent  to  mitigate  and  remediate
    33  impacts of sodium and chloride pollution for homeowners;
    34    iii.  establish  a  training  program  for state and local winter road
    35  maintenance workers; and
    36    iv. advance a public education campaign to  inform  the  public  about
    37  road  salt contamination and how the public can reduce the need for road
    38  salt;
    39    (d) a proposal to offer relief for owners of property in the New  York
    40  city  watershed  who can demonstrate harm as a result of the application
    41  of road salt along state roadways;
    42    (e) a calculation of the amount of road salt applied on state roadways
    43  annually for the years 2008 through 2018 in the New York city  watershed
    44  between October and April of each winter road management season to serve
    45  as a baseline amount;
    46    (f) a publicly accessible record-keeping database system for road salt
    47  purchases  with  information  on  applications  across the New York city
    48  watershed;
    49    (g) road salt reduction targets for the New York city watershed  which
    50  shall  serve  to  guide  the department of transportation, department of
    51  health, and  department  of  environmental  conservation  in  measurably
    52  reducing sodium and chloride levels in surface and ground waters; and
    53    (h)  recommendations  for  a  robust New York city watershed road salt
    54  reduction pilot plan and test program including  monitoring  and  opera-
    55  tional  plan goals, objectives, and activities that will subsequently be
    56  implemented during a multi-year pilot program from 2021 through 2024.

        S. 7367--A                          3

     1    § 2. 1. There is hereby established a New  York  city  watershed  road
     2  salt  reduction pilot plan and test program. The department of transpor-
     3  tation, in partnership with the department  of  environmental  conserva-
     4  tion,  shall  conduct  a  multi-year pilot study, between October 15 and
     5  June  30,  for  the  years of 2021 through 2024, to test best management
     6  practices, updated levels of service, and overall  road  salt  reduction
     7  targets. The pilot plan shall be implemented on all state-owned roadways
     8  within the boundary of the New York city watershed.
     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 New York city
    30  watershed, with all results disclosed to the public in  the  pilot  plan
    31  report;
    32    (f) monitoring road conditions with cameras along state roadways;
    33    (g) monitoring truck operators using post-trip reporting and real time
    34  truck operation monitoring;
    35    (h) tracking accident rates in the New York city watershed that have a
    36  connection to poor weather; and
    37    (i)  launching  a  public  education and outreach campaign keeping New
    38  York city watershed residents and visitors informed of changes to winter
    39  road maintenance practices, speed limits  and  engaging  the  public  to
    40  change behaviors to support salt reduction efforts.
    41    3.  Following  the  completion  of  the  pilot plan, the department of
    42  transportation and department of environmental conservation shall submit
    43  a summary report to the New York city watershed road salt reduction task
    44  force by August 30, 2024, identifying effective  and  ineffective  tech-
    45  niques  for winter road maintenance and revised levels of service in the
    46  New York city watershed.
    47    § 3. This act shall take effect immediately.
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