Bill Text: NY A00184 | 2015-2016 | General Assembly | Introduced
Bill Title: Regulates the maintenance of unimproved roads.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A00184 Detail]
Download: New_York-2015-A00184-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 373 A. 184
2015-2016 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 7, 2015
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Environmental
Conservation
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
maintenance of unimproved roads
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 54 of the environmental conservation law is amended
2 by adding a new title 14 to read as follows:
3 TITLE 14
4 UNIMPROVED ROAD MAINTENANCE
5 SECTION 54-1401. STATEMENT OF PURPOSE.
6 54-1403. GENERAL RULE.
7 54-1405. APPORTIONMENT CRITERIA.
8 54-1407. DEPARTMENT'S RESPONSIBILITIES.
9 54-1409. COUNTY SOIL AND WATER CONSERVATION DISTRICTS.
10 54-1411. ADMINISTRATION.
11 54-1413. GRANT APPLICATIONS.
12 S 54-1401. STATEMENT OF PURPOSE.
13 IT IS THE INTENT AND PURPOSE OF THIS TITLE:
14 1. TO FUND SAFE, EFFICIENT AND ENVIRONMENTALLY SOUND MAINTENANCE OF
15 SECTIONS OF UNIMPROVED ROADS WHICH HAVE BEEN IDENTIFIED AS SOURCES OF
16 SEDIMENT POLLUTION; AND
17 2. TO ESTABLISH A DEDICATED AND EARMARKED FUNDING MECHANISM THAT
18 PROVIDES STREAMLINED APPROPRIATION TO THE COUNTY LEVEL AND ENABLES LOCAL
19 OFFICIALS TO ESTABLISH FISCAL AND ENVIRONMENTAL CONTROLS.
20 S 54-1403. GENERAL RULE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02395-01-5
S. 373 2 A. 184
1 SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE TO THE DEPARTMENT,
2 FUNDING SHALL BE MADE AVAILABLE BY THE DEPARTMENT FOR THE MAINTENANCE
3 AND IMPROVEMENT OF UNIMPROVED ROADS AND/OR THE MAINTENANCE AND MITI-
4 GATION OF SEDIMENT POLLUTION FROM UNIMPROVED ROADS. THE DEPARTMENT SHALL
5 APPORTION THE FUNDS BASED ON WRITTEN CRITERIA IT DEVELOPS TO ESTABLISH
6 PRIORITIES BASED ON PREVENTING AND MITIGATING SEDIMENT POLLUTION.
7 S 54-1405. APPORTIONMENT CRITERIA.
8 THE APPORTIONMENT CRITERIA SHALL:
9 1. BE BASED ON VERIFIED NEED TO CORRECT POLLUTION PROBLEMS RELATED TO
10 THE ROAD;
11 2. CONSIDER THE TOTAL MILES OF UNIMPROVED ROADS MAINTAINED BY LOCAL
12 MUNICIPALITIES OR STATE AGENCIES THAT ARE OPEN TO THE PUBLIC DURING ANY
13 PERIOD OF THE YEAR;
14 3. CONSIDER TOTAL MILES OF UNIMPROVED ROADS WITHIN CRITICAL
15 WATERSHEDS; AND
16 4. CONSIDER THE COMMITMENTS OF GRANT APPLICANTS TO COMPLY WITH THE
17 NONPOLLUTION REQUIREMENTS ESTABLISHED.
18 S 54-1407. DEPARTMENT'S RESPONSIBILITIES.
19 THE DEPARTMENT SHALL:
20 1. ADOPT PERFORMANCE STANDARDS;
21 2. PROVIDE FOR A SYSTEM OF AUDIT;
22 3. ANNUALLY ASSESS THE PROGRAM AND ANNUALLY REPORT TO THE TRANSPORTA-
23 TION COMMITTEE AND ENVIRONMENTAL CONSERVATION COMMITTEES OF BOTH THE
24 ASSEMBLY AND SENATE ON ITS ACCEPTANCE AND EFFECTIVENESS; AND
25 4. BE ENTITLED TO WITHHOLD AND EXPEND THE COSTS OF THE AUDIT AND
26 REPORT PREPARATION UP TO THE MAXIMUM LIMIT OF TWO PERCENT OF THE FUNDS
27 ADMINISTERED.
28 S 54-1409. COUNTY SOIL AND WATER CONSERVATION DISTRICTS.
29 APPORTIONED FUNDS ARE TO BE DISPERSED TO COUNTY SOIL AND WATER CONSER-
30 VATION DISTRICTS WHICH APPLY FOR THEM AND ARE TO BE USED BY LOCAL MUNI-
31 CIPALITIES THAT MAINTAIN ROADS WITHIN THE COUNTY AND FULFILL CERTAIN
32 REQUIREMENTS SPECIFIED UNDER SECTION 54-1413 OF THIS TITLE.
33 S 54-1411. ADMINISTRATION.
34 THE SOIL AND WATER CONSERVATION DISTRICT'S ADMINISTRATION OF FUNDING
35 SHALL INCLUDE:
36 1. ADOPTION OF WRITTEN CRITERIA TO ASSURE EQUAL ACCESS FOR ALL ELIGI-
37 BLE APPLICANTS WITHIN SPECIFIED FUNDING CATEGORIES;
38 2. PROVISION OF DOCUMENTATION THAT APPLICATION HAS BEEN MADE FOR ALL
39 REQUIRED PERMITS;
40 3. ADOPTION OF PROCEDURES THAT ASSURE A MINIMAL AMOUNT OF PROCEDURAL
41 PAPERWORK;
42 4. ADOPTION OF WRITTEN CRITERIA TO SPECIFY PRIORITIES;
43 5. ADOPTION OF FUNDING CATEGORIES TO PROVIDE FOR SEPARATE BUDGETING
44 FOR:
45 (A) MUNICIPAL GOVERNMENT ROADS.
46 (B) ROAD DEMONSTRATION PROJECTS.
47 (C) TRAINING GRANTS RESTRICTED TO FIFTEEN PERCENT OF FUNDING.
48 (D) ADMINISTRATIVE COSTS, LIMITED TO ACTUAL DOCUMENTED COSTS AND
49 RESTRICTED TO A MAXIMUM OF TEN PERCENT;
50 6. ADOPTION OF INCENTIVES FOR TRAINING ROAD MANAGERS AND EQUIPMENT
51 OPERATORS;
52 7. ADOPTION OF STANDARDS THAT PROHIBIT USE OF MATERIALS OR PRACTICES
53 WHICH ARE ENVIRONMENTALLY HARMFUL; AND
54 8. ADOPTION OF SITE INSPECTION REQUIREMENTS TO VERIFY COMPLETION OF
55 WORK.
56 S 54-1413. GRANT APPLICATIONS.
S. 373 3 A. 184
1 EACH GRANT APPLICATION SHALL:
2 1. BE SPECIFIC TO ONE WORK LOCATION OR ONE TYPE OF WORK;
3 2. EXPEDITE THE APPROVAL PROCESS BY ALLOWING THE COUNTY SOIL AND WATER
4 CONSERVATION DISTRICT TO INSERT ADDITIONAL REQUIREMENTS THAT COMPLETE
5 AND QUALIFY THE GRANT FOR APPROVAL AND WHICH WHEN ACCEPTED BY THE APPLI-
6 CANT BECOME A BINDING OBLIGATION ON THE APPLICANT; AND
7 3. REQUIRE MINIMAL HANDWRITTEN INFORMATION SUCH AS LOCATION, PROBLEM
8 BEING SOLVED, BASIS OF COST ESTIMATE, PROJECT WORK SCHEDULE, BASIS OF
9 SUCCESSFUL COMPLETION AND TYPE AND AMOUNT OF POLLUTION REDUCED.
10 S 2. This act shall take effect immediately.
