S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    990
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. Sections 2 and 3 of a chapter of the laws  of  2020  estab-
 lishing  the  Adirondack  road salt reduction task force, pilot plan and
 test program, as proposed in legislative bills numbers S. 8663-A and  A.
 8767-A, are amended to read as follows:
   §  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] ROADWAY,
 PARKING LOT, DRIVEWAY, AND SIDEWALK 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 executive 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 recommendation 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.
 THE  APPOINTED  MEMBERS OF THE TASK FORCE SHALL INCLUDE A REPRESENTATIVE
 OF LOCAL GOVERNMENTS WITHIN THE ADIRONDACK  PARK  AND  INDIVIDUALS  WITH
 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
 
 GY, GEOLOGY, THE SCIENCE OF ROAD SALT CONTAMINATION, HIGHWAY MAINTENANCE
 AND OPERATIONS, AND PUBLIC HEALTH.
   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
 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 TO THE EXTENT FUNDS ARE AVAILABLE, AND ANY SUCH informa-
 tion and data as will enable the task force to properly  carry  out  its
 powers  and  duties  hereunder,  PROVIDED  HOWEVER  THAT ANY REQUEST FOR
 INFORMATION AND DATA SHALL  BE  REASONABLE  IN  SCOPE  AND  VOLUME,  AND
 PROVIDED FURTHER THAT ANY AND ALL INFORMATION RECEIVED BY THE TASK FORCE
 FROM  THE  DEPARTMENT  OF TRANSPORTATION SHALL NOT BE REDISCLOSED ABSENT
 SPECIFIC AUTHORIZATION BY THE DEPARTMENT OF TRANSPORTATION.
   4. The task force shall undertake a review and assessment of road salt
 contamination within the Adirondack park[,] AND assess current  [depart-
 ment  of transportation] STATE, LOCAL, AND COMMERCIAL policies and prac-
 tices with respect to state AND LOCAL roadway,  PARKING  LOT,  DRIVEWAY,
 AND  SIDEWALK  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
 contamination  and the nature, scope and magnitude of associated impacts
 to surface and ground waters, public and  private  lands,  property  and
 infrastructure. THIS ASSESSMENT SHALL ALSO BE BASED ON DUE CONSIDERATION
 OF PUBLIC SAFETY AND THE SAFETY OF THE TRAVELING PUBLIC.
   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] DECEMBER
 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. THIS ASSESSMENT SHALL  INCLUDE  THE  IDENTIFICATION  OF
 POSSIBLE SOURCES OF SALT CONTAMINATION;
   (b)  a  review  of  current  state,  LOCAL, AND COMMERCIAL WINTER road
 management practices and levels of service for state and local roadways,
 PARKING LOTS, DRIVEWAYS, AND SIDEWALKS in the Adirondack park;
   (c) recommendations, INCLUDING  CONSIDERATION  OF  ESTIMATED  ENVIRON-
 MENTAL,  IMPLEMENTATION, AND LIABILITY COSTS for state and local govern-
 ments 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]
 STATE  AND  LOCAL  ROADWAY,  PARKING  LOT,  DRIVEWAY,  AND SIDEWALK salt
 contamination of surface and ground waters in the Adirondack park,  WITH

 A. 990                              3
 
 DUE  CONSIDERATION  OF  PUBLIC  SAFETY  AND  THE SAFETY OF THE TRAVELING
 PUBLIC;
   ii.  [methods]  RECOMMENDATIONS  for  rapid response BEST PRACTICES to
 surface and groundwater contamination in the Adirondack park,  INCLUDING
 A  DETERMINATION  OF COST, with the intent to minimize impacts for home-
 owners TO BE DEVELOPED IN COOPERATION WITH THE DEPARTMENT OF HEALTH  AND
 THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION;
   iii.  establishment  of  a training program for state and local winter
 road maintenance workers AND BEST PRACTICES FOR COMMERCIAL  APPLICATIONS
 OF ROAD SALT USED ON ANY SURFACES; 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;
   [(f)]  (E)  recommendations  for  road  salt reduction targets for the
 Adirondack park THAT MAY BE USED to guide the department of  transporta-
 tion,  department of health, [and] department of environmental conserva-
 tion, LOCAL GOVERNMENTS IN THE ADIRONDACK PARK AND  COMMERCIAL  ENTITIES
 in  measurably reducing sodium and chloride levels in surface and ground
 waters, PROVIDED, HOWEVER, THAT SUCH TARGETS  REPRESENT  RECOMMENDATIONS
 THAT  MAY  BE  ADJUSTED  BY  THE  DEPARTMENT  OF TRANSPORTATION OR LOCAL
 GOVERNMENTS IF THE DEPARTMENT OF  TRANSPORTATION  OR  LOCAL  GOVERNMENTS
 DETERMINE THAT ADJUSTMENTS ARE NECESSARY TO MAINTAIN THE STATE AND LOCAL
 ROADWAYS IN A REASONABLY SAFE CONDITION; and
   [(g)]  (F)  recommendations for an Adirondack park road salt reduction
 pilot [plan and test] program including monitoring and operational  plan
 goals, objectives, and activities [to] THAT MAY be [implemented pursuant
 to  section  three  of  this  act]  USED  AS GUIDANCE FOR A FUTURE PILOT
 PROGRAM, SUBJECT TO APPROPRIATION, INCLUDING:
   I. VARYING APPLICATION METHODS, RATES AND FREQUENCIES WITH THE  INTENT
 TO  MEASURABLY  REDUCE  ROAD  SALT  APPLIED TO STATE AND LOCAL ROADWAYS,
 PARKING LOTS, DRIVEWAYS, AND SIDEWALKS 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;
   II.  IMPLEMENTATION OF WELL-ESTABLISHED BEST PRACTICES SUCH AS CUTTING
 BACK THE CANOPY WHERE LEGAL AND APPROPRIATE, AND  PRE-WETTING  ABRASIVES
 OR SOLID DEICERS;
   III.  USE  OF  THE  BEST AVAILABLE TECHNOLOGY AND EQUIPMENT FOR WINTER
 ROAD MANAGEMENT;
   IV. CHANGES TO TRAFFIC MANAGEMENT WHEN WEATHER EVENTS MAKE ROAD CONDI-
 TIONS HAZARDOUS;
   V. MONITORING OF WATER QUALITY OF SURFACE AND GROUND WATERS  ON  DOWN-
 HILL  SLOPES  OF  STATE AND LOCAL ROADWAYS, PARKING LOTS, DRIVEWAYS, AND
 SIDEWALKS IN THE ADIRONDACK PARK;
   VI. MONITORING OF ROAD CONDITIONS  ALONG  STATE  ROADWAYS  WITHIN  THE
 ADIRONDACK PARK;
   VII. MONITORING OF TRUCK OPERATORS USING POST-TRIP REPORTING;
   VIII. TRACKING OF WEATHER-RELATED CRASH RATES ON STATE AND LOCAL ROAD-
 WAYS WITHIN THE ADIRONDACK PARK; AND

 A. 990                              4
 
   IX.  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.  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.] THE DEPARTMENT OF TRANSPORTATION AND THE  DEPARTMENT  OF  ENVIRON-
 MENTAL  CONSERVATION SHALL REVIEW THE REPORT OF THE ADIRONDACK ROAD SALT
 REDUCTION TASK FORCE, ESTABLISHED PURSUANT TO SECTION TWO OF  THIS  ACT,
 AND  SHALL  INCORPORATE INTO A ROAD SALT PILOT PROGRAM IN THE ADIRONDACK
 PARK THOSE RECOMMENDATIONS THAT, IN THE DISCRETION OF  THE  COMMISSIONER
 OF  TRANSPORTATION,  WILL  NOT  JEOPARDIZE  THE HEALTH AND SAFETY OF THE
 TRAVELING PUBLIC AND FOR WHICH  AN  APPROPRIATION  IS  AVAILABLE.  LOCAL
 GOVERNMENTS  IN THE ADIRONDACK PARK MAY REVIEW THE REPORT OF THE ADIRON-
 DACK ROAD SALT REDUCTION TASK FORCE, ESTABLISHED PURSUANT TO SECTION TWO
 OF THIS ACT, AND MAY INCORPORATE INTO A ROAD SALT PILOT PROGRAM IN THEIR
 JURISDICTION THOSE  RECOMMENDATIONS  THAT,  IN  THE  DISCRETION  OF  THE
 COMMISSIONER  OF TRANSPORTATION AND THE LOCAL GOVERNMENT, WILL NOT JEOP-

 A. 990                              5
 
 ARDIZE THE HEALTH AND SAFETY OF THE TRAVELING PUBLIC AND FOR WHICH FUND-
 ING IS AVAILABLE.
   2.  Following the [completion of the] INCORPORATION OF THE RECOMMENDA-
 TIONS INTO A ROAD SALT pilot [plan and test] PROGRAM, 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] PROGRAM, including the identification of effective and
 ineffective techniques for winter road maintenance and revised levels of
 service in the Adirondack park.
   § 2. This act shall take effect on the  same  date  and  in  the  same
 manner as a chapter of the laws of 2020 establishing the Adirondack road
 salt  reduction  task force, pilot plan and test program, as proposed in
 legislative bills  numbers  S.  8663-A  and  A.  8767-A,  takes  effect,
 provided,  however, that the amendments to sections 2 and 3 of a chapter
 of the laws of 2020 establishing the Adirondack road salt reduction task
 force, pilot plan and test program, as  proposed  in  legislative  bills
 numbers  S. 8663-A and A. 8767-A, made by section one of this act, shall
 not affect the expiration and repeal of such act, and shall  expire  and
 be deemed repealed therewith.