Bill Text: NY A00990 | 2021-2022 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-02-10 - substituted by s1306 [A00990 Detail]

Download: New_York-2021-A00990-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           990

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 6, 2021
                                       ___________

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

        AN ACT to amend a chapter of the laws of 2020 establishing  the  Adiron-
          dack  road  salt reduction task force, pilot plan and test program, as
          proposed in legislative bills numbers S.  8663-A  and  A.  8767-A,  in
          relation to establishing the Adirondack road salt reduction task force
          and pilot program

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

     1    Section 1. Sections 2 and 3 of a chapter of the laws  of  2020  estab-
     2  lishing  the  Adirondack  road salt reduction task force, pilot plan and
     3  test program, as proposed in legislative bills numbers S. 8663-A and  A.
     4  8767-A, are amended to read as follows:
     5    §  2. 1. There is hereby established an Adirondack road salt reduction
     6  task force, hereinafter referred to as the "task force",  to  conduct  a
     7  comprehensive  review  of  road  salt  contamination and [road] roadway,
     8  parking lot, driveway, and sidewalk management best practices within the
     9  Adirondack park. Such task force shall consist of fourteen members which
    10  shall include the commissioner of transportation or their designee,  the
    11  commissioner  of  environmental  conservation  or  their  designee,  the
    12  commissioner of health or their designee, the executive director of  the
    13  Adirondack  park  agency  or their designee, and ten other members to be
    14  appointed by the governor as follows: two upon the recommendation of the
    15  temporary president of the senate, two upon the  recommendation  of  the
    16  speaker  of  the  assembly,  one upon the recommendation of the minority
    17  leader of the senate, one upon the recommendation of the minority leader
    18  of the assembly, and four without recommendation from any other  person.
    19  The  appointed  members of the task force shall include a representative
    20  of local governments within the Adirondack  park  and  individuals  with
    21  expertise  in at least one of the following: civil engineering, hydrolo-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07148-01-1
        A. 990                              2

     1  gy, geology, the science of road salt contamination, highway maintenance
     2  and operations, and public health.
     3    2. Task force members shall receive no compensation for their services
     4  but  shall  be  reimbursed for actual and necessary expenses incurred in
     5  the performance of their duties, to the extent  funds  are  appropriated
     6  for such purpose. The commissioner of environmental conservation and the
     7  commissioner  of  transportation shall serve as joint chairs of the task
     8  force.  A majority of the members of the task force shall  constitute  a
     9  quorum  for  the transaction of business or the exercise of any power or
    10  function of the task force.  Any vacancies on the task  force  shall  be
    11  filled in the manner provided for in the initial appointment.
    12    3.    The  task  force shall be authorized to hold public hearings and
    13  meetings, and to consult with any organization, educational institution,
    14  or other government entity or person, to enable  it  to  accomplish  its
    15  duties.  To  effectuate  the  purposes  of  this act, the task force may
    16  request and shall receive from any department, division, board,  bureau,
    17  commission  or  other  agency of the state or any state public authority
    18  such assistance to the extent funds are available, and any such informa-
    19  tion and data as will enable the task force to properly  carry  out  its
    20  powers  and  duties  hereunder,  provided  however  that any request for
    21  information and data shall  be  reasonable  in  scope  and  volume,  and
    22  provided further that any and all information received by the task force
    23  from  the  department  of transportation shall not be redisclosed absent
    24  specific authorization by the department of transportation.
    25    4. The task force shall undertake a review and assessment of road salt
    26  contamination within the Adirondack park[,] and assess current  [depart-
    27  ment  of transportation] state, local, and commercial policies and prac-
    28  tices with respect to state and local roadway,  parking  lot,  driveway,
    29  and  sidewalk  management in winter weather within the Adirondack park[,
    30  and roadway management best practices]. This review and assessment shall
    31  take into consideration the best available science concerning road  salt
    32  contamination  and the nature, scope and magnitude of associated impacts
    33  to surface and ground waters, public and  private  lands,  property  and
    34  infrastructure. This assessment shall also be based on due consideration
    35  of public safety and the safety of the traveling public.
    36    5. The task force shall prepare and submit to the governor, the tempo-
    37  rary president of the senate, the speaker of the assembly, the chairs of
    38  the  senate committees on transportation, environmental conservation and
    39  health, and the chairs of the  assembly  committees  on  transportation,
    40  environmental conservation and health, on or before [September] December
    41  first, two thousand twenty-one, a report containing:
    42    (a)  findings of an initial assessment of the nature, scope and magni-
    43  tude of associated impacts of road salt on surface  and  ground  waters,
    44  public  and  private  lands,  property, health and infrastructure in the
    45  Adirondack park. This assessment shall  include  the  identification  of
    46  possible sources of salt contamination;
    47    (b)  a  review  of  current  state,  local, and commercial winter road
    48  management practices and levels of service for state and local roadways,
    49  parking lots, driveways, and sidewalks in the Adirondack park;
    50    (c) recommendations, including  consideration  of  estimated  environ-
    51  mental,  implementation, and liability costs for state and local govern-
    52  ments and the public with respect to:
    53    i. enhancement of winter road maintenance levels of service  and  best
    54  management practices and road salt reduction techniques to reduce [road]
    55  state  and  local  roadway,  parking  lot,  driveway,  and sidewalk salt
    56  contamination of surface and ground waters in the Adirondack park,  with
        A. 990                              3

     1  due  consideration  of  public  safety  and  the safety of the traveling
     2  public;
     3    ii.  [methods]  recommendations  for  rapid response best practices to
     4  surface and groundwater contamination in the Adirondack park,  including
     5  a  determination  of cost, with the intent to minimize impacts for home-
     6  owners to be developed in cooperation with the department of health  and
     7  the department of environmental conservation;
     8    iii.  establishment  of  a training program for state and local winter
     9  road maintenance workers and best practices for commercial  applications
    10  of road salt used on any surfaces; and
    11    iv.  advancement  of  a public education campaign to inform the public
    12  about road salt contamination and how the public can reduce the need for
    13  road salt;
    14    (d) [a calculation of the average amount of road salt applied on state
    15  roadways annually for the years 2008 through 2018 in the Adirondack park
    16  between October and April of each winter road management season to serve
    17  as a baseline amount;
    18    (e)] recommendations for a publicly accessible record-keeping database
    19  system for road salt purchases and applications  within  the  Adirondack
    20  park;
    21    [(f)]  (e)  recommendations  for  road  salt reduction targets for the
    22  Adirondack park that may be used to guide the department of  transporta-
    23  tion,  department of health, [and] department of environmental conserva-
    24  tion, local governments in the Adirondack park and  commercial  entities
    25  in  measurably reducing sodium and chloride levels in surface and ground
    26  waters, provided, however, that such targets  represent  recommendations
    27  that  may  be  adjusted  by  the  department  of transportation or local
    28  governments if the department of  transportation  or  local  governments
    29  determine that adjustments are necessary to maintain the state and local
    30  roadways in a reasonably safe condition; and
    31    [(g)]  (f)  recommendations for an Adirondack park road salt reduction
    32  pilot [plan and test] program including monitoring and operational  plan
    33  goals, objectives, and activities [to] that may be [implemented pursuant
    34  to  section  three  of  this  act]  used  as guidance for a future pilot
    35  program, subject to appropriation, including:
    36    i. varying application methods, rates and frequencies with the  intent
    37  to  measurably  reduce  road  salt  applied to state and local roadways,
    38  parking lots, driveways, and sidewalks within the Adirondack park.  This
    39  shall  include  test comparisons of applications consisting primarily of
    40  abrasives and applications consisting primarily of  deicers,  especially
    41  anti-icing and deicing brines;
    42    ii.  implementation of well-established best practices such as cutting
    43  back the canopy where legal and appropriate, and  pre-wetting  abrasives
    44  or solid deicers;
    45    iii.  use  of  the  best available technology and equipment for winter
    46  road management;
    47    iv. changes to traffic management when weather events make road condi-
    48  tions hazardous;
    49    v. monitoring of water quality of surface and ground waters  on  down-
    50  hill  slopes  of  state and local roadways, parking lots, driveways, and
    51  sidewalks in the Adirondack park;
    52    vi. monitoring of road conditions  along  state  roadways  within  the
    53  Adirondack park;
    54    vii. monitoring of truck operators using post-trip reporting;
    55    viii. tracking of weather-related crash rates on state and local road-
    56  ways within the Adirondack park; and
        A. 990                              4

     1    ix.  the  conducting  of  a  public education and outreach campaign to
     2  inform Adirondack park residents and visitors of changes to winter  road
     3  maintenance  practices  and engaging the public in changing behaviors to
     4  support road salt reduction efforts.
     5    §  3.  1.  [There  is  hereby established an Adirondack park road salt
     6  reduction pilot plan and test program to be conducted by the  department
     7  of  transportation,  in cooperation with the department of environmental
     8  conservation, between October 15 and June 30 each  year  beginning  2021
     9  through  2024,  to  test  best  management  practices, updated levels of
    10  service, and overall road salt reduction targets within  the  Adirondack
    11  park.    The pilot plan and test shall be implemented on all state-owned
    12  roadways within the boundary of the Adirondack park.
    13    2. For the duration of the pilot plan  and  test,  the  department  of
    14  transportation and department of environmental conservation shall test a
    15  variety  of application techniques and road management strategies within
    16  the Adirondack park, and shall issue a report on  the  effectiveness  of
    17  such techniques and strategies which shall include the resulting impacts
    18  on  water quality and state roadway levels of service for each technique
    19  and strategy. The techniques and strategies employed shall include,  but
    20  not be limited to:
    21    (a) varying application methods, rates and frequencies with the intent
    22  to  measurably  reduce  road  salt  applied to state roadways within the
    23  Adirondack park. This shall include  test  comparisons  of  applications
    24  consisting  primarily of abrasives and applications consisting primarily
    25  of deicers, especially anti-icing and deicing brines;
    26    (b) implementation of well-established best practices such as  cutting
    27  back  the  canopy where legal and appropriate, and pre-wetting abrasives
    28  or solid deicers;
    29    (c) use of the best available technology and equipment for winter road
    30  management;
    31    (d) changes to traffic management when weather events make road condi-
    32  tions hazardous;
    33    (e) monitoring of water quality of surface and ground waters on  down-
    34  hill slopes of state roadways in the Adirondack park;
    35    (f)  monitoring  of  road  conditions  along state roadways within the
    36  Adirondack park;
    37    (g) monitoring of truck operators using post-trip reporting;
    38    (h) tracking of weather-related crash rates on state  roadways  within
    39  the Adirondack park; and
    40    (i)  the  conducting  of  a  public education and outreach campaign to
    41  inform Adirondack park residents and visitors of changes to winter  road
    42  maintenance  practices  and engaging the public in changing behaviors to
    43  support road salt reduction efforts.
    44    3.] The department of transportation and the  department  of  environ-
    45  mental  conservation shall review the report of the Adirondack road salt
    46  reduction task force, established pursuant to section two of  this  act,
    47  and  shall  incorporate into a road salt pilot program in the Adirondack
    48  park those recommendations that, in the discretion of  the  commissioner
    49  of  transportation,  will  not  jeopardize  the health and safety of the
    50  traveling public and for which  an  appropriation  is  available.  Local
    51  governments  in the Adirondack park may review the report of the Adiron-
    52  dack road salt reduction task force, established pursuant to section two
    53  of this act, and may incorporate into a road salt pilot program in their
    54  jurisdiction those  recommendations  that,  in  the  discretion  of  the
    55  commissioner  of transportation and the local government, will not jeop-
        A. 990                              5

     1  ardize the health and safety of the traveling public and for which fund-
     2  ing is available.
     3    2.  Following the [completion of the] incorporation of the recommenda-
     4  tions into a road salt pilot [plan and test] program, the department  of
     5  transportation and department of environmental conservation shall submit
     6  a summary report to the governor, temporary president of the senate, and
     7  speaker of the assembly by August 30, 2024, of the results of such pilot
     8  [plan  and  test] program, including the identification of effective and
     9  ineffective techniques for winter road maintenance and revised levels of
    10  service in the Adirondack park.
    11    § 2. This act shall take effect on the  same  date  and  in  the  same
    12  manner as a chapter of the laws of 2020 establishing the Adirondack road
    13  salt  reduction  task force, pilot plan and test program, as proposed in
    14  legislative bills  numbers  S.  8663-A  and  A.  8767-A,  takes  effect,
    15  provided,  however, that the amendments to sections 2 and 3 of a chapter
    16  of the laws of 2020 establishing the Adirondack road salt reduction task
    17  force, pilot plan and test program, as  proposed  in  legislative  bills
    18  numbers  S. 8663-A and A. 8767-A, made by section one of this act, shall
    19  not affect the expiration and repeal of such act, and shall  expire  and
    20  be deemed repealed therewith.