Assembly Bill A10503

                                BILL NUMBER:A10503

TITLE OF BILL:
An act to amend the public authorities law, in relation to the use of
wood in subway and railroad tracks

PURPOSE:
To eliminate the MIA's use of tropical hardwood in subway and railroad
track ties and to promote the use of plastic composite ties made from
non-wood materials.

SUMMARY OF PROVISIONS:
Section 1 of the bill would amend section 1209 of the public authorities
law by adding a new subdivision 11-a, which would prohibit the use of
tropical hardwoods for new and replacement railroad and subway track
ties and mandate the use of affordable plastic composite ties. In the
event that plastic composite ties are not affordable, the authority
would have the capacity to purchase and use alternative materials,
including wood, while still being prohibited from using tropical hard-
wood. This section defines the terms employed in this legislation.

Section 2 of the bill amends section 1265-a of the public authorities
law by adding a new subdivision 6-a with the same language as described
in Section 1.

Section 3 of the bill sets forth the effective date.
              

JUSTIFICATION:
The Metropolitan Transit Authority (MTA) currently uses timber cut from
tropical rainforests for subway and railroad track ties because it is
strong, durable, and rot resistant. However, the use of tropical hard-
wood has a detrimental effect on the environment.  According to Rainfor-
est Relief, "at least 50% of all species are found only in tropical
rainforests" and the "Earth's rainforests are being destroyed at the
rate of 1.5 acres per second worldwide" (Rainforest Relief, "Avoiding
Unsustainable Rainforest Wood," 2007).  New York State legislation
currently prohibits public procurement of many specific species of trop-
ical hardwoods, but many agencies, including the MTA, have simply
switched to wood from species not enumerated in the law.

Chicago's Transit Authority (CTA) began testing plastic ties in 1998.
Since then, CTA has replaced approximately one-fourth of its wood ties.
The Long Island Rail Road (LIRR) began to replace some of its wood ties
with plastic ties in 2007. In 2009, the MTA formed a Sustainable Rail-
road Tie Task Force, which has tested sustainable railroad ties produced
primarily from composite materials. The Task Force found that
"[c]omposite plastic railroad ties can offer improved service life under
certain conditions" (Metropolitan Transportation Authority, "Sustainable
Railroad Tie Task Force Report," April 2009). This legislation is
intended to accelerate the MTA's progress in this important initiative.

Using recycled plastic lumber "helps keep materials out of landfills and
incinerators...[and] helps to reduce the consumption of natural
resources, thereby reducing the impacts that resource extraction can
have on human health and the environment" ("Plastic Lumber: Overview,"
www.rethinkrecycling.com). While plastic ties are initially more expen-
sive than recycled plastic lumber, the "return on investment ranges from
two to four years when reduced maintenance and replacement costs are
considered," especially since plastic ties can be reused ("Plastic
Lumber:  Cost," www.rethinkrecycling.com). Prices of recycled plastic
lumber are expected to decrease as demand increases and technology
improves, while wood prices are expected to continue increasing.

The bill would mandate that the MTA purchase and use composites made
from non-wood materials for both new and replacement subway and railroad
track ties, ending the procurement and use of tropical hardwoods for
this purpose.

LEGISLATIVE HISTORY:
This is a new bill in the Assembly.

FISCAL IMPACT TO THE STATE:
None to the State.  Upfront costs to the MTA should be more than offset
by medium- and long-term savings.

EFFECTIVE DATE:
This act shall take effect immediately.