S T A T E O F N E W Y O R K
________________________________________________________________________
1306
2021-2022 Regular Sessions
I N S E N A T E
January 11, 2021
___________
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
S. 1306 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
S. 1306 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
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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-
S. 1306 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.