The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8767--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by  M. of A. JONES, WOERNER, GOTTFRIED, OTIS, THIELE, GLICK,
   STEC, SIMON, SMULLEN, QUART,  BURKE,  ORTIZ,  JAFFEE,  WALCZYK,  RYAN,
   D'URSO,  McDONALD  --  Multi-Sponsored  by -- M. of A. GALEF, STECK --
   read once and referred to the Committee on Transportation -- recommit-
   ted to the Committee on Transportation  in  accordance  with  Assembly
   Rule  3,  sec.  2  --  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:
 
   Section  1.  This  act  shall  be known and may be cited as the "Randy
 Preston road salt reduction act".
   § 2. 1. There is hereby established an Adirondack road salt  reduction
 task  force,  hereinafter  referred to as the "task force", to conduct a
 comprehensive review of road salt contamination and road management best
 practices within the Adirondack park. Such task force shall  consist  of
 fourteen  members which shall include the commissioner of transportation
 or their designee, the commissioner  of  environmental  conservation  or
 their designee, the commissioner of health or their designee, the execu-
 tive  director  of the Adirondack park agency or their designee, and ten
 other members to be appointed by the governor as follows: two  upon  the
 recommendation  of  the  temporary president of the senate, two upon the
 recommendation of the speaker of the assembly, one upon the  recommenda-
 tion  of  the minority leader of the senate, one upon the recommendation
 of the minority leader of the assembly, and four without  recommendation
 from any other person.
   2. Task force members shall receive no compensation for their services
 but  shall  be  reimbursed for actual and necessary expenses incurred in
 the performance of their duties, to the extent  funds  are  appropriated
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13704-09-0

 A. 8767--A                          2
 
 for such purpose. The commissioner of environmental conservation and the
 commissioner  of  transportation shall serve as joint chairs of the task
 force.  A majority of the members of the task force shall  constitute  a
 quorum  for  the transaction of business or the exercise of any power or
 function of the task force.  Any vacancies on the task  force  shall  be
 filled in the manner provided for in the initial appointment.
   3.    The  task  force shall be authorized to hold public hearings and
 meetings, and to consult with any organization, educational institution,
 or other government entity or person, to enable  it  to  accomplish  its
 duties.  To  effectuate  the  purposes  of  this act, the task force may
 request and shall receive from any department, division, board,  bureau,
 commission  or  other  agency of the state or any state public authority
 such assistance, information and data as will enable the task  force  to
 properly carry out its powers and duties hereunder.
   4. The task force shall undertake a review and assessment of road salt
 contamination  within  the Adirondack park, assess current department of
 transportation policies and practices  with  respect  to  state  roadway
 management  in  winter  weather  within the Adirondack park, and roadway
 management best practices.  This review and assessment shall  take  into
 consideration  the  best  available science concerning road salt contam-
 ination and the nature, scope and magnitude  of  associated  impacts  to
 surface  and  ground  waters,  public  and  private  lands, property and
 infrastructure.
   5. The task force shall prepare and submit to the governor, the tempo-
 rary president of the senate, the speaker of the assembly, the chairs of
 the senate committees on transportation, environmental conservation  and
 health,  and  the  chairs  of the assembly committees on transportation,
 environmental conservation and health, on or before September first, two
 thousand twenty-one, a report containing:
   (a) findings of an initial assessment of the nature, scope and  magni-
 tude  of  associated  impacts of road salt on surface and ground waters,
 public and private lands, property, health  and  infrastructure  in  the
 Adirondack park;
   (b)  a review of current state road management practices and levels of
 service for state and local roadways in the Adirondack park;
   (c) recommendations for state and local  governments  and  the  public
 with respect to:
   i.  enhancement  of winter road maintenance levels of service and best
 management practices and road salt reduction techniques to  reduce  road
 salt contamination of surface and ground waters in the Adirondack park;
   ii.  methods  for  rapid  response  to surface and groundwater contam-
 ination in the Adirondack park with the intent to minimize  impacts  for
 homeowners;
   iii.  establishment  of  a training program for state and local winter
 road maintenance workers; and
   iv. advancement of a public education campaign to  inform  the  public
 about road salt contamination and how the public can reduce the need for
 road salt;
   (d)  a calculation of the average amount of road salt applied on state
 roadways annually for the years 2008 through 2018 in the Adirondack park
 between October and April of each winter road management season to serve
 as a baseline amount;
   (e) recommendations for a publicly accessible record-keeping  database
 system  for  road  salt purchases and applications within the Adirondack
 park;

 A. 8767--A                          3
 
   (f) recommendations for road salt reduction targets for the Adirondack
 park to guide the department of transportation,  department  of  health,
 and  department  of  environmental  conservation  in measurably reducing
 sodium and chloride levels in surface and ground waters; and
   (g)  recommendations  for an Adirondack park road salt reduction pilot
 plan and test program including monitoring and operational  plan  goals,
 objectives,  and  activities to be implemented pursuant to section three
 of this act.
   § 3. 1. There is hereby  established  an  Adirondack  park  road  salt
 reduction  pilot plan and test program to be conducted by the department
 of transportation, in cooperation with the department  of  environmental
 conservation,  between  October  15 and June 30 each year beginning 2021
 through 2024, to test  best  management  practices,  updated  levels  of
 service,  and  overall road salt reduction targets within the Adirondack
 park.  The pilot plan and test shall be implemented on  all  state-owned
 roadways within the boundary of the Adirondack park.
   2.  For  the  duration  of  the pilot plan and test, the department of
 transportation and department of environmental conservation shall test a
 variety of application techniques and road management strategies  within
 the  Adirondack  park,  and shall issue a report on the effectiveness of
 such techniques and strategies which shall include the resulting impacts
 on water quality and state roadway levels of service for each  technique
 and  strategy. The techniques and strategies employed shall include, but
 not be limited to:
   (a) varying application methods, rates and frequencies with the intent
 to measurably reduce road salt applied  to  state  roadways  within  the
 Adirondack  park.  This  shall  include test comparisons of applications
 consisting primarily of abrasives and applications consisting  primarily
 of deicers, especially anti-icing and deicing brines;
   (b)  implementation of well-established best practices such as cutting
 back the canopy where legal and appropriate, and  pre-wetting  abrasives
 or solid deicers;
   (c) use of the best available technology and equipment for winter road
 management;
   (d) changes to traffic management when weather events make road condi-
 tions hazardous;
   (e)  monitoring of water quality of surface and ground waters on down-
 hill slopes of state roadways in the Adirondack park;
   (f) monitoring of road conditions  along  state  roadways  within  the
 Adirondack park;
   (g) monitoring of truck operators using post-trip reporting;
   (h)  tracking  of weather-related crash rates on state roadways within
 the Adirondack park; and
   (i) the conducting of a public  education  and  outreach  campaign  to
 inform  Adirondack park residents and visitors of changes to winter road
 maintenance practices and engaging the public in changing  behaviors  to
 support road salt reduction efforts.
   3. Following the completion of the pilot plan and test, the department
 of  transportation  and  department  of environmental conservation shall
 submit a summary report to the  governor,  temporary  president  of  the
 senate,  and  speaker of the assembly by August 30, 2024, of the results
 of such pilot plan and test, including the identification  of  effective
 and  ineffective  techniques  for  winter  road  maintenance and revised
 levels of service in the Adirondack park.
   § 4. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 31, 2024.