S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9658
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 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:
 
   Section  1.  The transportation law is amended by adding a new article
 23 to read as follows:
                                ARTICLE 23
                   NEW YORK ROAD SALT REDUCTION PROGRAM
 SECTION 500. LEGISLATIVE FINDINGS.
         501. DEFINITIONS.
         502. NEW YORK ROAD SALT REDUCTION COUNCIL.
         503. NEW YORK ROAD SALT REDUCTION ADVISORY COMMITTEE.
   § 500. LEGISLATIVE FINDINGS. THE LEGISLATURE FINDS THAT THE REPORT  OF
 THE  ADIRONDACK  ROAD  SALT REDUCTION TASK FORCE COMPLIES WITH THE RANDY
 PRESTON ROAD SALT REDUCTION ACT, AND THAT ITS RECOMMENDATIONS SHOULD  BE
 IMPLEMENTED  TO  PROTECT  PUBLIC HEALTH AND THE ENVIRONMENT FROM CONTAM-
 INATION BY ROAD SALT.  THE  LEGISLATURE  FURTHER  FINDS  THAT  EFFECTIVE
 IMPLEMENTATION REQUIRES INTERAGENCY COOPERATION AND COORDINATION, ATTEN-
 TION EXTENDING BEYOND THE BOUNDARIES OF THE ADIRONDACK PARK. A MECHANISM
 FOR SUCH DOES NOT CURRENTLY EXIST BUT SHOULD BE CREATED. THE LEGISLATURE
 FURTHER RECOGNIZES THAT BOTH STATE AND LOCAL AGENCIES NEED THE EXPERTISE
 AND  EXPERIENCE  OF  SCIENTISTS, ENGINEERS, NONGOVERNMENTAL INSTITUTIONS
 ADVOCATING FOR CLEAN WATER, HIGHWAY  USERS,  AND  OTHERS  IN  DEVELOPING
 SOLUTIONS  TO THE PROBLEMS POSED BY THE NEED TO CONTROL ICE AND SNOW FOR
 THE SAFETY OF THE TRAVELING PUBLIC WITHOUT CONTAMINATING DRINKING  WATER
 AND  IMPAIRING  NATURAL  RESOURCES SUPPORTING LIFE, A SOUND ECONOMY, AND
 HEALTHFUL RECREATION. THE LEGISLATURE ALSO FINDS THAT THE PUBLIC  HAS  A
 RIGHT  TO  KNOW  ABOUT  THE  PURCHASE,  STORAGE, AND USE OF ROAD SALT BY
 GOVERNMENTAL ENTITIES AND THE EFFECTS THEREOF.
   § 501. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15691-01-4
 S. 9658                             2
 
   1.  "ADVISORY  COMMITTEE" MEANS THE NEW YORK ROAD SALT REDUCTION ADVI-
 SORY COMMITTEE ESTABLISHED BY SECTION FIVE HUNDRED THREE OF  THIS  ARTI-
 CLE.
   2.  "COUNCIL" MEANS THE NEW YORK SALT REDUCTION COUNCIL ESTABLISHED BY
 SECTION FIVE HUNDRED TWO OF THIS ARTICLE.
   3. "PILOT  PROGRAM"  MEANS  THE  ROAD  SALT  REDUCTION  PILOT  STUDIES
 DESCRIBED IN THE REPORT.
   4.  "REPORT"  MEANS  THE  TWO THOUSAND TWENTY-THREE REPORT OF THE TASK
 FORCE TO THE GOVERNOR AND LEGISLATURE, INCLUDING ITS RECOMMENDATIONS AND
 BACKGROUND AND TECHNICAL APPENDIX.
   6. "TASK FORCE" MEANS THE ADIRONDACK ROAD SALT  REDUCTION  TASK  FORCE
 ESTABLISHED UNDER THE RANDY PRESTON ROAD SALT REDUCTION ACT.
   § 502. NEW YORK ROAD SALT REDUCTION COUNCIL. 1. THERE IS HEREBY ESTAB-
 LISHED  THE  NEW  YORK  ROAD  SALT REDUCTION COUNCIL. SUCH COUNCIL SHALL
 CONSIST OF A TOTAL OF FIFTEEN MEMBERS AND SHALL INCLUDE:
   (A) THE COMMISSIONER;
   (B) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION;
   (C) THE COMMISSIONER OF HEALTH;
   (D) THE CHAIRPERSON OF THE NEW YORK STATE THRUWAY AUTHORITY;
   (E) THE COMMISSIONER OF THE NEW YORK CITY DEPARTMENT OF  ENVIRONMENTAL
 PROTECTION;
   (F)  THE PRESIDENTS OF THE NEW YORK STATE ASSOCIATION OF COUNTIES, NEW
 YORK ASSOCIATION OF TOWNS AND THE NEW YORK CONFERENCE OF MAYORS;
   (G) THREE APPOINTEES UPON RECOMMENDATION OF THE SENATE MAJORITY;
   (H) THREE APPOINTEES UPON RECOMMENDATION OF THE ASSEMBLY MAJORITY; AND
   (I) THE CHAIR OF THE ROAD SALT REDUCTION ADVISORY COMMITTEE.
   WITH THE EXCEPTION OF THE CHAIR OF THE ROAD  SALT  REDUCTION  ADVISORY
 COMMITTEE  AND  ANY  MEMBERS  APPOINTED  BY  THE  LEGISLATURE, ALL OTHER
 MEMBERS MAY APPOINT A DESIGNEE TO SERVE ON THEIR BEHALF.
   2. THE COMMISSIONER AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION
 OR THEIR DESIGNEES SHALL SERVE AS JOINT CHAIRS OF THE COUNCIL.
   3. THE MEMBERS OF THE COUNCIL SHALL INCLUDE INDIVIDUALS WITH EXPERTISE
 IN THE SCIENCE OF ROAD SALT CONTAMINATION AND THE BEST PRACTICES OF ROAD
 MANAGEMENT. 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. EACH MEMBER OF THE COUNCIL SHALL BE ENTI-
 TLED  TO  ONE VOTE. ANY APPROVALS OR ADOPTIONS OF RECOMMENDATIONS BY THE
 COUNCIL SHALL REQUIRE A SUPERMAJORITY OF ITS MEMBERS. NO ACTION  MAY  BE
 TAKEN BY THE COUNCIL UNLESS THERE IS A QUORUM, WHICH SHALL BE A MAJORITY
 OF  THE  MEMBERS  OF  THE COUNCIL. ANY VACANCIES ON THE COUNCIL SHALL BE
 FILLED IN THE MANNER PROVIDED FOR THE INITIAL APPOINTMENT.  THE  COUNCIL
 SHALL MEET AT LEAST QUARTERLY.
   4. THE COUNCIL SHALL, WITHOUT LIMITATION:
   (A)  FROM  TIME  TO TIME ASSESS THE NATURE, SCOPE AND MAGNITUDE OF THE
 ENVIRONMENTAL, ECOLOGICAL,  AGRICULTURAL,  ECONOMIC,  RECREATIONAL,  AND
 SOCIAL IMPACTS CAUSED BY THE USE OF ROAD SALT IN THE STATE;
   (B)  BY  TWO  THOUSAND  TWENTY-SEVEN, RECOMMEND QUANTIFIABLE LIMITS IN
 REGULATION FOR ROAD SALT USE THAT ARE PROTECTIVE OF WATER QUALITY STAND-
 ARDS AND DRINKING WATER MAXIMUM  CONTAMINANT  LEVELS,  WHILE  PRESERVING
 ACCEPTABLE LEVELS OF SERVICE FOR THE DRIVING PUBLIC;
   (C)  RECOMMEND  INCENTIVES  FOR  THE LOCAL ADOPTION OF BEST MANAGEMENT
 PRACTICES FOR MINIMUM SALT USE DURING WINTER ROAD MAINTENANCE;
   (D) RECOMMEND SCIENTIFICALLY DEFENSIBLE DRINKING WATER MAXIMUM CONTAM-
 INANT LEVELS AND WATER QUALITY STANDARDS THAT PROTECT FRESHWATER ECOLOGY
 S. 9658                             3
 
 AND PUBLIC HEALTH, TO BE ADOPTED  BY  THE  DEPARTMENT  OF  ENVIRONMENTAL
 CONSERVATION AND DEPARTMENT OF HEALTH, RESPECTIVELY;
   (E)  RECOMMEND  ACTIONS FOR STATE AGENCIES TO UNDERTAKE TO COMPLY WITH
 QUANTIFIABLE LIMITS FOR ROAD SALT USE AS PROPOSED UNDER PARAGRAPH (B) OF
 THIS SUBDIVISION;
   (F) RECOMMEND  BUDGET  ALLOCATIONS  AND/OR  LEGISLATION  NECESSARY  TO
 REDUCE  ROAD SALT USE WHILE MAINTAINING ACCEPTABLE LEVELS OF SERVICE FOR
 THE DRIVING PUBLIC;
   (G) FROM TIME TO TIME MAKE A RECORD OF ACTIONS TAKEN BY MEMBERS OF THE
 COUNCIL, STATE AND LOCAL GOVERNMENTS, AND THE PUBLIC  TO  IMPLEMENT  THE
 RECOMMENDATIONS OF THE TASK FORCE IN THE REPORT;
   (H)  MONITOR  THE PROGRESS OF THE ADIRONDACK ROAD SALT REDUCTION PILOT
 PROGRAMS AND DETERMINE WHAT FOLLOW UP STEPS ARE IN THE  PUBLIC  INTEREST
 TO IMPLEMENT RECOMMENDATIONS STATEWIDE; AND
   (I)  REGULARLY  SHARE  DATA,  INCLUDING  THAT PROVIDED BY THE ADVISORY
 COMMITTEE, AMONG MEMBERS OF THE COUNCIL, STATE  AND  LOCAL  GOVERNMENTS,
 THE ADVISORY COMMITTEE, AND THE PUBLIC TO INFORM DECISION-MAKING, REDUCE
 INCONSISTENT  AND  REDUNDANT  ACTIONS,  AND  IDENTIFY PROBLEMS REQUIRING
 COORDINATED ACTIONS.
   5. THE COUNCIL SHALL PREPARE AN ANNUAL REPORT  DESCRIBING  ITS  ACTIV-
 ITIES DURING THE PRECEDING TWELVE MONTHS. SUCH REPORT SHALL BE SUBMITTED
 TO THE GOVERNOR AND LEGISLATURE AND MADE AVAILABLE TO THE PUBLIC.
   §  503.  NEW  YORK ROAD SALT REDUCTION ADVISORY COMMITTEE. 1. THERE IS
 HEREBY ESTABLISHED THE NEW YORK ROAD SALT REDUCTION  ADVISORY  COMMITTEE
 THAT  IS COMPRISED OF INDIVIDUALS REPRESENTING NONGOVERNMENTAL ORGANIZA-
 TIONS WITH KNOWLEDGE ABOUT THE PUBLIC  HEALTH,  ENVIRONMENTAL  AND  ROAD
 SAFETY IMPLICATIONS OF ROAD SALT USE. SUCH ADVISORY COMMITTEE SHALL HAVE
 UP  TO  TWENTY-FIVE  MEMBERS,  WITH  UP TO SEVEN MEMBERS SELECTED BY THE
 COMMISSIONER AND COMMISSIONERS OF ENVIRONMENTAL CONSERVATION AND HEALTH,
 UP TO SIX MEMBERS SELECTED BY THE SENATE MAJORITY,  UP  TO  SIX  MEMBERS
 SELECTED  BY  THE ASSEMBLY MAJORITY, UP TO THREE MEMBERS SELECTED BY THE
 SENATE MINORITY AND UP TO THREE MEMBERS SELECTED BY THE ASSEMBLY MINORI-
 TY, WITH AT LEAST ONE MEMBER FROM EACH OF THE FOLLOWING:
   (A) ADIRONDACK WATERSHED INSTITUTE AT PAUL SMITH'S COLLEGE;
   (B) COLLEGE OF AGRICULTURE AND LIFE SCIENCES OF CORNELL UNIVERSITY;
   (C) HUDSON RIVERKEEPER;
   (D) LAKE GEORGE ASSOCIATION;
   (E) ANY NEW YORK BASED BRANCH OF THE AMERICAN AUTOMOBILE ASSOCIATION;
   (F) SNOW AND ICE MANAGEMENT ASSOCIATION;
   (G) THE NEW YORK SECTION OF THE AMERICAN WATER WORKS ASSOCIATION;
   (H) THE NEW YORK STATE DRINKING WATER QUALITY COUNCIL;
   (I) CARY INSTITUTE; AND
   (J) NEW YORK STATE FEDERATION OF LAKE ASSOCIATIONS.
   2. PROMPTLY UPON THE SELECTION OF AT LEAST TWELVE MEMBERS TO THE ADVI-
 SORY COMMITTEE, THE COMMISSIONER AND THE COMMISSIONER  OF  ENVIRONMENTAL
 CONSERVATION  SHALL CONVENE A MEETING OF THE ADVISORY COMMITTEE AT WHICH
 THE ADVISORY COMMITTEE BY MAJORITY VOTE OF THOSE PRESENT SHALL SELECT  A
 CHAIR  FROM  AMONG  THE  MEMBERS  TO PRESIDE OVER THE MEETING AND FUTURE
 MEETINGS. THEREAFTER, MEETINGS MAY BE HELD AS SHALL BE DETERMINED BY THE
 CHAIR OR UPON THE WRITTEN REQUEST OF AT LEAST FIVE MEMBERS.  ANY  MEMBER
 CAN ATTEND ADVISORY COMMITTEE MEETINGS IN PERSON OR BY MEANS OF COMMUNI-
 CATIONS  EQUIPMENT ALLOWING ALL PERSONS PARTICIPATING TO HEAR EACH OTHER
 AT THE SAME TIME. A MAJORITY OF THE SELECTED AND  THEN  SERVING  MEMBERS
 SHALL  CONSTITUTE  A  QUORUM  FOR  THE  CONDUCT  OF BUSINESS AT ADVISORY
 COMMITTEE MEETINGS.
 S. 9658                             4
 
   3. THE ADVISORY COMMITTEE SHALL PROVIDE INFORMATION, ADVICE, AND GUID-
 ANCE TO THE COUNCIL CONCERNING THE USE, MANAGEMENT, AND EFFECTS OF  ROAD
 SALT  ON PUBLIC HIGHWAYS INCLUDING, BUT NOT LIMITED TO, IMPLEMENTING THE
 RECOMMENDATIONS OF THE TASK FORCE, CONDUCTING  THE  PILOT  PROGRAM,  NEW
 RELEVANT  SCIENTIFIC  DATA AND FINDINGS, CHANGES IN SNOW AND ICE MANAGE-
 MENT TECHNOLOGIES, AND  FACTORS  RELATING  TO  THE  APPROPRIATE  BALANCE
 BETWEEN  MAINTAINING  SAFE ROADS AND OTHERWISE PROTECTING CLEAN DRINKING
 WATER AND OTHER NATURAL RESOURCES FROM CONTAMINATION.
   4. THE MEMBERS OF THE ADVISORY COMMITTEE SHALL SERVE  WITHOUT  COMPEN-
 SATION,  EXCEPT  MEMBERS  SHALL  BE  ALLOWED  THEIR NECESSARY AND ACTUAL
 EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.
   § 2. This act shall take effect immediately.