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A04481 Summary:

BILL NOA04481A
 
SAME ASSAME AS S06976-A
 
SPONSORJones
 
COSPNSRLevenberg, Alvarez, Schiavoni
 
MLTSPNSR
 
Add Art 23 §§500 - 503, Transp L
 
Establishes the New York road salt reduction council and the New York road salt reduction advisory committee to provide a mechanism for interagency cooperation and coordination to implement the recommendations of the report of the Adirondack road salt reduction task force.
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A04481 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4481--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2025
                                       ___________
 
        Introduced by M. of A. JONES, LEVENBERG -- read once and referred to the
          Committee  on  Transportation  --  committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN ACT to amend the transportation law, in relation to establishing  the
          New  York  road  salt  reduction  council  and  the New York road salt
          reduction advisory committee
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The transportation law is amended by adding a new article
     2  23 to read as follows:
     3                                 ARTICLE 23
     4                    NEW YORK ROAD SALT REDUCTION PROGRAM
     5  Section 500. Legislative findings.
     6          501. Definitions.
     7          502. New York road salt reduction council.
     8          503. New York road salt reduction advisory committee.
     9    § 500. Legislative findings. The legislature finds that the report  of
    10  the  Adirondack  road  salt reduction task force complies with the Randy
    11  Preston road salt reduction act, and that its recommendations should  be
    12  implemented  to  protect  public health and the environment from contam-
    13  ination by road salt.  The  legislature  further  finds  that  effective
    14  implementation requires interagency cooperation and coordination, atten-
    15  tion extending beyond the boundaries of the Adirondack park. A mechanism
    16  for such does not currently exist but should be created. The legislature
    17  further recognizes that both state and local agencies need the expertise
    18  and  experience  of  scientists, engineers, nongovernmental institutions
    19  advocating for clean water, highway  users,  and  others  in  developing
    20  solutions  to the problems posed by the need to control ice and snow for
    21  the safety of the traveling public without contaminating drinking  water
    22  and  impairing  natural  resources supporting life, a sound economy, and
    23  healthful recreation. The legislature also finds that the public  has  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08643-02-5

        A. 4481--A                          2
 
     1  right  to  know  about  the  purchase,  storage, and use of road salt by
     2  governmental entities and the effects thereof.
     3    §  501. Definitions. As used in this article the following terms shall
     4  have the following meanings:
     5    1. "Advisory committee" means the New York road salt  reduction  advi-
     6  sory  committee  established by section five hundred three of this arti-
     7  cle.
     8    2. "Council" means the New York salt reduction council established  by
     9  section five hundred two of this article.
    10    3.  "Pilot  program"  means  the  road  salt  reduction  pilot studies
    11  described in the Report.
    12    4. "Report" means the two thousand twenty-three  report  of  the  task
    13  force to the governor and legislature, including its recommendations and
    14  background and technical appendix.
    15    5.  "Task  force"  means the Adirondack road salt reduction task force
    16  established under the Randy Preston road salt reduction act.
    17    § 502. New York road salt reduction council. 1. There is hereby estab-
    18  lished the New York road salt  reduction  council.  Such  council  shall
    19  consist of a total of fifteen members and shall include:
    20    (a) the commissioner;
    21    (b) the commissioner of environmental conservation;
    22    (c) the commissioner of health;
    23    (d) the chairperson of the New York state thruway authority;
    24    (e)  the commissioner of the New York city department of environmental
    25  protection;
    26    (f) the presidents of the New York state association of counties,  New
    27  York association of towns and the New York conference of mayors;
    28    (g) three appointees upon recommendation of the senate majority;
    29    (h) three appointees upon recommendation of the assembly majority; and
    30    (i) the chair of the road salt reduction advisory committee.
    31    With  the  exception  of the chair of the road salt reduction advisory
    32  committee and any  members  appointed  by  the  legislature,  all  other
    33  members may appoint a designee to serve on their behalf.
    34    2. The commissioner and the commissioner of environmental conservation
    35  or their designees shall serve as joint chairs of the council.
    36    3. The members of the council shall include individuals with expertise
    37  in the science of road salt contamination and the best practices of road
    38  management.  Council  members  shall  receive  no compensation for their
    39  services but shall be  reimbursed  for  actual  and  necessary  expenses
    40  incurred  in  the  performance  of their duties, to the extent funds are
    41  appropriated for such purpose. Each member of the council shall be enti-
    42  tled to one vote. Any approvals or adoptions of recommendations  by  the
    43  council  shall  require a supermajority of its members. No action may be
    44  taken by the council unless there is a quorum, which shall be a majority
    45  of the members of the council. Any vacancies on  the  council  shall  be
    46  filled  in  the manner provided for the initial appointment. The council
    47  shall meet at least quarterly.
    48    4. The council shall, without limitation:
    49    (a) From time to time assess the nature, scope and  magnitude  of  the
    50  environmental,  ecological,  agricultural,  economic,  recreational, and
    51  social impacts caused by the use of road salt in the state;
    52    (b) By January first, two thousand twenty-eight,  recommend  quantifi-
    53  able limits in regulation for road salt use that are protective of water
    54  quality  standards  and drinking water maximum contaminant levels, while
    55  preserving acceptable levels of service for the driving public;

        A. 4481--A                          3
 
     1    (c) By January first, two thousand twenty-seven, recommend  incentives
     2  for  state  and  local adoption of best management practices for minimum
     3  salt use during winter road maintenance;
     4    (d)  Recommend  regulations  for  the  establishment of scientifically
     5  defensible drinking water maximum contaminant levels and  water  quality
     6  standards  that  protect  freshwater  ecology  and  public health, to be
     7  adopted by the department of environmental conservation  and  department
     8  of health, respectively;
     9    (e)  Recommend legislation or regulations for state agencies to under-
    10  take to comply with quantifiable limits for road salt  use  as  proposed
    11  under paragraph (b) of this subdivision;
    12    (f)  Recommend  budget  allocations  and/or  legislation  necessary to
    13  reduce road salt use while maintaining acceptable levels of service  for
    14  the driving public;
    15    (g) From time to time make a record of actions and publish said record
    16  in  the  environmental  notice  bulletin,  to be taken by members of the
    17  council, state and local governments, and the public  to  implement  the
    18  recommendations of the council in the report;
    19    (h)  Monitor  the progress of the Adirondack road salt reduction pilot
    20  programs, determine what follow up steps are in the public  interest  to
    21  implement  recommendations  statewide,  and  recommend  additional pilot
    22  programs in other regions of the state; and
    23    (i) Regularly share data, including  that  provided  by  the  advisory
    24  committee,  among  members  of the council, state and local governments,
    25  the advisory committee, and the public to inform decision-making, reduce
    26  inconsistent and redundant  actions,  and  identify  problems  requiring
    27  coordinated actions.
    28    5.  The  council  shall prepare an annual report describing its activ-
    29  ities during the preceding twelve months. Such report shall be submitted
    30  to the governor and  legislature  and  made  available  to  the  public,
    31  through the environmental notice bulletin.
    32    §  503.  New  York road salt reduction advisory committee. 1. There is
    33  hereby established the New York road salt reduction  advisory  committee
    34  that  is comprised of individuals representing nongovernmental organiza-
    35  tions with expertise in public health and environmental impacts of  road
    36  salt  use,  expertise  in  data collection and analysis of water quality
    37  standards or drinking water maximum  contaminant  levels,  or  technical
    38  proficiency  in  safely  reducing  overall road salt use.  Such advisory
    39  committee shall have up to twenty-five members, with up to seven members
    40  selected by the commissioner and commissioners of environmental  conser-
    41  vation and health, up to six members selected by the senate majority, up
    42  to  six  members  selected by the assembly majority, up to three members
    43  selected by the senate minority and up to three members selected by  the
    44  assembly minority, with at least one member from each of the following:
    45    (a) Adirondack watershed institute at Paul Smith's college;
    46    (b) College of agriculture and life sciences of Cornell university;
    47    (c) Riverkeeper;
    48    (d) Lake George association;
    49    (e) any New York based branch of the American Automobile Association;
    50    (f) Snow and ice management association;
    51    (g) the New York section of the American water works association;
    52    (h) the New York state drinking water quality council;
    53    (i) Cary institute;
    54    (j) New York state federation of lake associations; and
    55    (k) Adirondack council.

        A. 4481--A                          4
 
     1    2. Promptly upon the selection of at least twelve members to the advi-
     2  sory  committee,  the commissioner and the commissioner of environmental
     3  conservation shall convene a meeting of the advisory committee at  which
     4  the  advisory committee by majority vote of those present shall select a
     5  chair  from  among  the  members  to preside over the meeting and future
     6  meetings. Thereafter, meetings may be held as shall be determined by the
     7  chair or upon the written request of at least five members.  Any  member
     8  can attend advisory committee meetings in person or by means of communi-
     9  cations  equipment allowing all persons participating to hear each other
    10  at the same time. A majority of the selected and  then  serving  members
    11  shall  constitute  a  quorum  for  the  conduct  of business at advisory
    12  committee meetings.
    13    3. The advisory committee shall provide information, advice, and guid-
    14  ance to the council concerning the use, management, and effects of  road
    15  salt  on public highways including, but not limited to, implementing the
    16  recommendations of the council, conducting the pilot program, new  rele-
    17  vant  scientific  data  and findings, changes in snow and ice management
    18  technologies, and factors relating to the  appropriate  balance  between
    19  maintaining safe roads and otherwise protecting clean drinking water and
    20  other natural resources from contamination.
    21    4.  The  members of the advisory committee shall serve without compen-
    22  sation, except members shall  be  allowed  their  necessary  and  actual
    23  expenses incurred in the performance of their duties under this section.
    24    § 2. This act shall take effect immediately.
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