Bill Text: NY S08663 | 2019-2020 | General Assembly | Amended


Bill Title: Establishes the Adirondack road salt reduction task force, pilot plan and test program.

Spectrum: Moderate Partisan Bill (Democrat 7-1)

Status: (Passed) 2020-12-02 - approval memo.25 [S08663 Detail]

Download: New_York-2019-S08663-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8663--A

                    IN SENATE

                                      July 1, 2020
                                       ___________

        Introduced by Sens. KENNEDY, LITTLE, KAMINSKY, PERSAUD -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Rules -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN ACT to establish the Adirondack road salt reduction task force, pilot
          plan and test program; and providing for the repeal of such provisions
          upon expiration thereof

          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, hereinafter referred to as the "task force",  to  conduct  a
     5  comprehensive review of road salt contamination and road management best
     6  practices  within  the Adirondack park. Such task force shall consist of
     7  fourteen members which shall include the commissioner of  transportation
     8  or  their  designee,  the  commissioner of environmental conservation or
     9  their designee, the commissioner of health or their designee, the execu-
    10  tive director of the Adirondack park agency or their designee,  and  ten
    11  other  members  to be appointed by the governor as follows: two upon the
    12  recommendation of the temporary president of the senate,  two  upon  the
    13  recommendation  of the speaker of the assembly, one upon the recommenda-
    14  tion of the minority leader of the senate, one upon  the  recommendation
    15  of  the minority leader of the assembly, and four without recommendation
    16  from any other person.
    17    2. Task force members shall receive no compensation for their services
    18  but shall be reimbursed for actual and necessary  expenses  incurred  in
    19  the  performance  of  their duties, to the extent funds are appropriated
    20  for such purpose. The commissioner of environmental conservation and the
    21  commissioner of transportation shall serve as joint chairs of  the  task
    22  force.    A majority of the members of the task force shall constitute a
    23  quorum for the transaction of business or the exercise of any  power  or
    24  function  of  the task force.   Any vacancies on the task force shall be
    25  filled in the manner provided for in the initial appointment.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13704-11-0

        S. 8663--A                          2

     1    3.  The task force shall be authorized to  hold  public  hearings  and
     2  meetings, and to consult with any organization, educational institution,
     3  or  other  government  entity  or person, to enable it to accomplish its
     4  duties. To effectuate the purposes of  this  act,  the  task  force  may
     5  request  and shall receive from any department, division, board, bureau,
     6  commission or other agency of the state or any  state  public  authority
     7  such  assistance,  information and data as will enable the task force to
     8  properly carry out its powers and duties hereunder.
     9    4. The task force shall undertake a review and assessment of road salt
    10  contamination within the Adirondack park, assess current  department  of
    11  transportation  policies  and  practices  with  respect to state roadway
    12  management in winter weather within the  Adirondack  park,  and  roadway
    13  management  best practices.   This review and assessment shall take into
    14  consideration the best available science concerning  road  salt  contam-
    15  ination  and  the  nature,  scope and magnitude of associated impacts to
    16  surface and ground  waters,  public  and  private  lands,  property  and
    17  infrastructure.
    18    5. The task force shall prepare and submit to the governor, the tempo-
    19  rary president of the senate, the speaker of the assembly, the chairs of
    20  the  senate committees on transportation, environmental conservation and
    21  health, and the chairs of the  assembly  committees  on  transportation,
    22  environmental conservation and health, on or before September first, two
    23  thousand twenty-one, a report containing:
    24    (a)  findings of an initial assessment of the nature, scope and magni-
    25  tude of associated impacts of road salt on surface  and  ground  waters,
    26  public  and  private  lands,  property, health and infrastructure in the
    27  Adirondack park;
    28    (b) a review of current state road management practices and levels  of
    29  service for state and local roadways in the Adirondack park;
    30    (c)  recommendations  for  state  and local governments and the public
    31  with respect to:
    32    i. enhancement of winter road maintenance levels of service  and  best
    33  management  practices  and road salt reduction techniques to reduce road
    34  salt contamination of surface and ground waters in the Adirondack park;
    35    ii. methods for rapid response  to  surface  and  groundwater  contam-
    36  ination  in  the Adirondack park with the intent to minimize impacts for
    37  homeowners;
    38    iii. establishment of a training program for state  and  local  winter
    39  road maintenance workers; and
    40    iv.  advancement  of  a public education campaign to inform the public
    41  about road salt contamination and how the public can reduce the need for
    42  road salt;
    43    (d) a calculation of the average amount of road salt applied on  state
    44  roadways annually for the years 2008 through 2018 in the Adirondack park
    45  between October and April of each winter road management season to serve
    46  as a baseline amount;
    47    (e)  recommendations for a publicly accessible record-keeping database
    48  system for road salt purchases and applications  within  the  Adirondack
    49  park;
    50    (f) recommendations for road salt reduction targets for the Adirondack
    51  park  to  guide  the department of transportation, department of health,
    52  and department of  environmental  conservation  in  measurably  reducing
    53  sodium and chloride levels in surface and ground waters; and
    54    (g)  recommendations  for an Adirondack park road salt reduction pilot
    55  plan and test program including monitoring and operational  plan  goals,

        S. 8663--A                          3

     1  objectives,  and  activities to be implemented pursuant to section three
     2  of this act.
     3    §  3.  1.  There  is  hereby  established an Adirondack park road salt
     4  reduction pilot plan and test program to be conducted by the  department
     5  of  transportation,  in cooperation with the department of environmental
     6  conservation, between October 15 and June 30 each  year  beginning  2021
     7  through  2024,  to  test  best  management  practices, updated levels of
     8  service, and overall road salt reduction targets within  the  Adirondack
     9  park.    The pilot plan and test shall be implemented on all state-owned
    10  roadways within the boundary of the Adirondack park.
    11    2. For the duration of the pilot plan  and  test,  the  department  of
    12  transportation and department of environmental conservation shall test a
    13  variety  of application techniques and road management strategies within
    14  the Adirondack park, and shall issue a report on  the  effectiveness  of
    15  such techniques and strategies which shall include the resulting impacts
    16  on  water quality and state roadway levels of service for each technique
    17  and strategy. The techniques and strategies employed shall include,  but
    18  not be limited to:
    19    (a) varying application methods, rates and frequencies with the intent
    20  to  measurably  reduce  road  salt  applied to state roadways within the
    21  Adirondack park. This shall include  test  comparisons  of  applications
    22  consisting  primarily of abrasives and applications consisting primarily
    23  of deicers, especially anti-icing and deicing brines;
    24    (b) implementation of well-established best practices such as  cutting
    25  back  the  canopy where legal and appropriate, and pre-wetting abrasives
    26  or solid deicers;
    27    (c) use of the best available technology and equipment for winter road
    28  management;
    29    (d) changes to traffic management when weather events make road condi-
    30  tions hazardous;
    31    (e) monitoring of water quality of surface and ground waters on  down-
    32  hill slopes of state roadways in the Adirondack park;
    33    (f)  monitoring  of  road  conditions  along state roadways within the
    34  Adirondack park;
    35    (g) monitoring of truck operators using post-trip reporting;
    36    (h) tracking of weather-related crash rates on state  roadways  within
    37  the Adirondack park; and
    38    (i)  the  conducting  of  a  public education and outreach campaign to
    39  inform Adirondack park residents and visitors of changes to winter  road
    40  maintenance  practices  and engaging the public in changing behaviors to
    41  support road salt reduction efforts.
    42    3. Following the completion of the pilot plan and test, the department
    43  of transportation and department  of  environmental  conservation  shall
    44  submit  a  summary  report  to  the governor, temporary president of the
    45  senate, and speaker of the assembly by August 30, 2024, of  the  results
    46  of  such  pilot plan and test, including the identification of effective
    47  and ineffective techniques  for  winter  road  maintenance  and  revised
    48  levels of service in the Adirondack park.
    49    §  4.  This  act shall take effect immediately and shall expire and be
    50  deemed repealed December 31, 2024.
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