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A09681 Summary:

BILL NOA09681
 
SAME ASSAME AS S06976-B
 
SPONSORCashman
 
COSPNSR
 
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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A09681 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9681
 
                   IN ASSEMBLY
 
                                    January 21, 2026
                                       ___________
 
        Introduced  by M. of A. CASHMAN -- read once and referred to the Commit-
          tee 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:

     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
    24  right  to  know  about  the  purchase,  storage, and use of road salt by
    25  governmental entities and the effects thereof.
    26    § 501. Definitions. As used in this article the following terms  shall
    27  have the following meanings:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08643-05-6

        A. 9681                             2
 
     1    1.  "Advisory  committee" means the New York road salt reduction advi-
     2  sory committee established by section five hundred three of  this  arti-
     3  cle.
     4    2.  "Council" means the New York salt reduction council established by
     5  section five hundred two of this article.
     6    3. "Pilot  program"  means  the  road  salt  reduction  pilot  studies
     7  described in the Report.
     8    4.  "Report"  means  the  two thousand twenty-three report of the task
     9  force to the governor and legislature, including its recommendations and
    10  background and technical appendix.
    11    5. "Task force" means the Adirondack road salt  reduction  task  force
    12  established under the Randy Preston road salt reduction act.
    13    § 502. New York road salt reduction council. 1. There is hereby estab-
    14  lished  the  New  York  road  salt reduction council. Such council shall
    15  consist of a total of fifteen members and shall include:
    16    (a) the commissioner;
    17    (b) the commissioner of environmental conservation;
    18    (c) the commissioner of health;
    19    (d) the chairperson of the New York state thruway authority;
    20    (e) the commissioner of the New York city department of  environmental
    21  protection;
    22    (f)  the presidents of the New York state association of counties, New
    23  York association of towns and the New York conference of mayors;
    24    (g) three appointees upon recommendation of the senate majority;
    25    (h) three appointees upon recommendation of the assembly majority; and
    26    (i) the chair of the road salt reduction advisory committee.
    27    With the exception of the chair of the road  salt  reduction  advisory
    28  committee  and  any  members  appointed  by  the  legislature, all other
    29  members may appoint a designee to serve on their behalf.
    30    2. The commissioner and the commissioner of environmental conservation
    31  or their designees shall serve as joint chairs of the council.
    32    3. The members of the council shall include individuals with expertise
    33  in the science of road salt contamination and the best practices of road
    34  management. Council members shall  receive  no  compensation  for  their
    35  services  but  shall  be  reimbursed  for  actual and necessary expenses
    36  incurred in the performance of their duties, to  the  extent  funds  are
    37  appropriated for such purpose. Each member of the council shall be enti-
    38  tled  to  one vote. Any approvals or adoptions of recommendations by the
    39  council shall require a supermajority of its members. No action  may  be
    40  taken by the council unless there is a quorum, which shall be a majority
    41  of  the  members  of  the council. Any vacancies on the council shall be
    42  filled in the manner provided for the initial appointment.  The  council
    43  shall meet at least quarterly.
    44    4. The council shall, without limitation:
    45    (a)  From  time  to time assess the nature, scope and magnitude of the
    46  environmental, ecological,  agricultural,  economic,  recreational,  and
    47  social impacts caused by the use of road salt in the state;
    48    (b) By January first, two thousand twenty-nine, recommend quantifiable
    49  limits  in  regulation  for  road  salt use that are protective of water
    50  quality standards and drinking water maximum contaminant  levels,  while
    51  preserving acceptable levels of service for the driving public;
    52    (c)  By January first, two thousand twenty-eight, recommend incentives
    53  for state and local adoption of best management  practices  for  minimum
    54  salt use during winter road maintenance;
    55    (d)  Recommend  regulations  for  the  establishment of scientifically
    56  defensible drinking water maximum contaminant levels and  water  quality

        A. 9681                             3
 
     1  standards  that  protect  freshwater  ecology  and  public health, to be
     2  adopted by the department of environmental conservation  and  department
     3  of health, respectively;
     4    (e)  Recommend legislation or regulations for state agencies to under-
     5  take to comply with quantifiable limits for road salt  use  as  proposed
     6  under paragraph (b) of this subdivision;
     7    (f)  Recommend  budget  allocations  and/or  legislation  necessary to
     8  reduce road salt use while maintaining acceptable levels of service  for
     9  the driving public;
    10    (g) From time to time make a record of actions and publish said record
    11  in  the  environmental  notice  bulletin,  to be taken by members of the
    12  council, state and local governments, and the public  to  implement  the
    13  recommendations of the council in the report;
    14    (h)  Monitor  the progress of the Adirondack road salt reduction pilot
    15  programs, determine what follow up steps are in the public  interest  to
    16  implement  recommendations  statewide,  and  recommend  additional pilot
    17  programs in other regions of the state; and
    18    (i) Regularly share data, including  that  provided  by  the  advisory
    19  committee,  among  members  of the council, state and local governments,
    20  the advisory committee, and the public to inform decision-making, reduce
    21  inconsistent and redundant  actions,  and  identify  problems  requiring
    22  coordinated actions.
    23    5.  The  council  shall prepare an annual report describing its activ-
    24  ities during the preceding twelve months. Such report shall be submitted
    25  to the governor and  legislature  and  made  available  to  the  public,
    26  through the environmental notice bulletin.
    27    §  503.  New  York road salt reduction advisory committee. 1. There is
    28  hereby established the New York road salt reduction  advisory  committee
    29  that  is comprised of individuals representing nongovernmental organiza-
    30  tions with expertise in public health and environmental impacts of  road
    31  salt  use,  expertise  in  data collection and analysis of water quality
    32  standards or drinking water maximum  contaminant  levels,  or  technical
    33  proficiency  in  safely  reducing  overall road salt use.  Such advisory
    34  committee shall have up to twenty-five members, with up to seven members
    35  selected by the commissioner and commissioners of environmental  conser-
    36  vation and health, up to six members selected by the senate majority, up
    37  to  six  members  selected by the assembly majority, up to three members
    38  selected by the senate minority and up to three members selected by  the
    39  assembly minority, with at least one member from each of the following:
    40    (a) Adirondack watershed institute at Paul Smith's college;
    41    (b) College of agriculture and life sciences of Cornell university;
    42    (c) Riverkeeper;
    43    (d) Lake George association;
    44    (e) any New York based branch of the American Automobile Association;
    45    (f) Snow and ice management association;
    46    (g) the New York section of the American water works association;
    47    (h) the New York state drinking water quality council;
    48    (i) Cary institute;
    49    (j) New York state federation of lake associations; and
    50    (k) Adirondack council.
    51    2. Promptly upon the selection of at least twelve members to the advi-
    52  sory  committee,  the commissioner and the commissioner of environmental
    53  conservation shall convene a meeting of the advisory committee at  which
    54  the  advisory committee by majority vote of those present shall select a
    55  chair from among the members to preside  over  the  meeting  and  future
    56  meetings. Thereafter, meetings may be held as shall be determined by the

        A. 9681                             4
 
     1  chair  or  upon the written request of at least five members. Any member
     2  can attend advisory committee meetings in person or by means of communi-
     3  cations equipment allowing all persons participating to hear each  other
     4  at  the  same  time. A majority of the selected and then serving members
     5  shall constitute a quorum  for  the  conduct  of  business  at  advisory
     6  committee meetings.
     7    3. The advisory committee shall provide information, advice, and guid-
     8  ance  to the council concerning the use, management, and effects of road
     9  salt on public highways including, but not limited to, implementing  the
    10  recommendations  of the council, conducting the pilot program, new rele-
    11  vant scientific data and findings, changes in snow  and  ice  management
    12  technologies,  and  factors  relating to the appropriate balance between
    13  maintaining safe roads and otherwise protecting clean drinking water and
    14  other natural resources from contamination.
    15    4. The members of the advisory committee shall serve  without  compen-
    16  sation,  except  members  shall  be  allowed  their necessary and actual
    17  expenses incurred in the performance of their duties under this section.
    18    § 2. This act shall take effect immediately.
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