Senate Bill S3008

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3008                                                  A. 2323
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2017
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Environmental Conservation

 AN ACT to amend the environmental conservation law, in relation  to  the
   maintenance of unimproved roads
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 54 of the environmental conservation law is amended
 by adding a new title 14 to read as follows:
                                 TITLE 14
                        UNIMPROVED ROAD MAINTENANCE
 SECTION 54-1401. STATEMENT OF PURPOSE.
         54-1403. GENERAL RULE.
         54-1405. APPORTIONMENT CRITERIA.
         54-1407. DEPARTMENT'S RESPONSIBILITIES.
         54-1409. COUNTY SOIL AND WATER CONSERVATION DISTRICTS.
         54-1411. ADMINISTRATION.
         54-1413. GRANT APPLICATIONS.
 § 54-1401. STATEMENT OF PURPOSE.
   IT IS THE INTENT AND PURPOSE OF THIS TITLE:
   1. TO FUND SAFE, EFFICIENT AND ENVIRONMENTALLY  SOUND  MAINTENANCE  OF
 SECTIONS  OF  UNIMPROVED  ROADS WHICH HAVE BEEN IDENTIFIED AS SOURCES OF
 SEDIMENT POLLUTION; AND
   2. TO ESTABLISH A  DEDICATED  AND  EARMARKED  FUNDING  MECHANISM  THAT
 PROVIDES STREAMLINED APPROPRIATION TO THE COUNTY LEVEL AND ENABLES LOCAL
 OFFICIALS TO ESTABLISH FISCAL AND ENVIRONMENTAL CONTROLS.
 § 54-1403. GENERAL RULE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07148-01-7
              

 S. 3008                             2                            A. 2323
 
   SUBJECT  TO ANNUAL APPROPRIATION BY THE LEGISLATURE TO THE DEPARTMENT,
 FUNDING SHALL BE MADE AVAILABLE BY THE DEPARTMENT  FOR  THE  MAINTENANCE
 AND  IMPROVEMENT  OF  UNIMPROVED  ROADS AND/OR THE MAINTENANCE AND MITI-
 GATION OF SEDIMENT POLLUTION FROM UNIMPROVED ROADS. THE DEPARTMENT SHALL
 APPORTION  THE  FUNDS BASED ON WRITTEN CRITERIA IT DEVELOPS TO ESTABLISH
 PRIORITIES BASED ON PREVENTING AND MITIGATING SEDIMENT POLLUTION.
 § 54-1405. APPORTIONMENT CRITERIA.
   THE APPORTIONMENT CRITERIA SHALL:
   1. BE BASED ON VERIFIED NEED TO CORRECT POLLUTION PROBLEMS RELATED  TO
 THE ROAD;
   2.  CONSIDER  THE  TOTAL MILES OF UNIMPROVED ROADS MAINTAINED BY LOCAL
 MUNICIPALITIES OR STATE AGENCIES THAT ARE OPEN TO THE PUBLIC DURING  ANY
 PERIOD OF THE YEAR;
   3.   CONSIDER   TOTAL   MILES  OF  UNIMPROVED  ROADS  WITHIN  CRITICAL
 WATERSHEDS; AND
   4. CONSIDER THE COMMITMENTS OF GRANT APPLICANTS  TO  COMPLY  WITH  THE
 NONPOLLUTION REQUIREMENTS ESTABLISHED.
 § 54-1407. DEPARTMENT'S RESPONSIBILITIES.
   THE DEPARTMENT SHALL:
   1. ADOPT PERFORMANCE STANDARDS;
   2. PROVIDE FOR A SYSTEM OF AUDIT;
   3.  ANNUALLY ASSESS THE PROGRAM AND ANNUALLY REPORT TO THE TRANSPORTA-
 TION COMMITTEE AND ENVIRONMENTAL CONSERVATION  COMMITTEES  OF  BOTH  THE
 ASSEMBLY AND SENATE ON ITS ACCEPTANCE AND EFFECTIVENESS; AND
   4.  BE  ENTITLED  TO  WITHHOLD  AND  EXPEND THE COSTS OF THE AUDIT AND
 REPORT PREPARATION UP TO THE MAXIMUM LIMIT OF TWO PERCENT OF  THE  FUNDS
 ADMINISTERED.
 § 54-1409. COUNTY SOIL AND WATER CONSERVATION DISTRICTS.
   APPORTIONED FUNDS ARE TO BE DISPERSED TO COUNTY SOIL AND WATER CONSER-
 VATION  DISTRICTS WHICH APPLY FOR THEM AND ARE TO BE USED BY LOCAL MUNI-
 CIPALITIES THAT MAINTAIN ROADS WITHIN THE  COUNTY  AND  FULFILL  CERTAIN
 REQUIREMENTS SPECIFIED UNDER SECTION 54-1413 OF THIS TITLE.
 § 54-1411. ADMINISTRATION.
   THE  SOIL  AND WATER CONSERVATION DISTRICT'S ADMINISTRATION OF FUNDING
 SHALL INCLUDE:
   1. ADOPTION OF WRITTEN CRITERIA TO ASSURE EQUAL ACCESS FOR ALL  ELIGI-
 BLE APPLICANTS WITHIN SPECIFIED FUNDING CATEGORIES;
   2.  PROVISION  OF DOCUMENTATION THAT APPLICATION HAS BEEN MADE FOR ALL
 REQUIRED PERMITS;
   3. ADOPTION OF PROCEDURES THAT ASSURE A MINIMAL AMOUNT  OF  PROCEDURAL
 PAPERWORK;
   4. ADOPTION OF WRITTEN CRITERIA TO SPECIFY PRIORITIES;
   5.  ADOPTION  OF  FUNDING CATEGORIES TO PROVIDE FOR SEPARATE BUDGETING
 FOR:
   (A) MUNICIPAL GOVERNMENT ROADS.
   (B) ROAD DEMONSTRATION PROJECTS.
   (C) TRAINING GRANTS RESTRICTED TO FIFTEEN PERCENT OF FUNDING.
   (D) ADMINISTRATIVE COSTS,  LIMITED  TO  ACTUAL  DOCUMENTED  COSTS  AND
 RESTRICTED TO A MAXIMUM OF TEN PERCENT;
   6.  ADOPTION  OF  INCENTIVES  FOR TRAINING ROAD MANAGERS AND EQUIPMENT
 OPERATORS;
   7. ADOPTION OF STANDARDS THAT PROHIBIT USE OF MATERIALS  OR  PRACTICES
 WHICH ARE ENVIRONMENTALLY HARMFUL; AND
   8.  ADOPTION  OF  SITE INSPECTION REQUIREMENTS TO VERIFY COMPLETION OF
 WORK.
 § 54-1413. GRANT APPLICATIONS.

 S. 3008                             3                            A. 2323
 
   EACH GRANT APPLICATION SHALL:
   1. BE SPECIFIC TO ONE WORK LOCATION OR ONE TYPE OF WORK;
   2. EXPEDITE THE APPROVAL PROCESS BY ALLOWING THE COUNTY SOIL AND WATER
 CONSERVATION  DISTRICT  TO  INSERT ADDITIONAL REQUIREMENTS THAT COMPLETE
 AND QUALIFY THE GRANT FOR APPROVAL AND WHICH WHEN ACCEPTED BY THE APPLI-
 CANT BECOME A BINDING OBLIGATION ON THE APPLICANT; AND
   3. REQUIRE MINIMAL HANDWRITTEN INFORMATION SUCH AS  LOCATION,  PROBLEM
 BEING  SOLVED,  BASIS  OF COST ESTIMATE, PROJECT WORK SCHEDULE, BASIS OF
 SUCCESSFUL COMPLETION AND TYPE AND AMOUNT OF POLLUTION REDUCED.
   § 2. This act shall take effect immediately.