A10503-2009 Actions

• Jul 1, 2010: held for consideration in ways and means
• Apr 20, 2010: reported referred to ways and means
• Apr 2, 2010: referred to corporations, authorities and commissions

A10503-2009 Memo

BILL NUMBER:A10503

TITLE OF BILL:
An act to amend the public authorities law, in relation to the use of
wood in subway and railroad tracks

PURPOSE:
To eliminate the MIA's use of tropical hardwood in subway and railroad
track ties and to promote the use of plastic composite ties made from
non-wood materials.

SUMMARY OF PROVISIONS:
Section 1 of the bill would amend section 1209 of the public authorities
law by adding a new subdivision 11-a, which would prohibit the use of
tropical hardwoods for new and replacement railroad and subway track
ties and mandate the use of affordable plastic composite ties. In the
event that plastic composite ties are not affordable, the authority
would have the capacity to purchase and use alternative materials,
including wood, while still being prohibited from using tropical hard-
wood. This section defines the terms employed in this legislation.

Section 2 of the bill amends section 1265-a of the public authorities
law by adding a new subdivision 6-a with the same language as described
in Section 1.

Section 3 of the bill sets forth the effective date.

JUSTIFICATION:
The Metropolitan Transit Authority (MTA) currently uses timber cut from
tropical rainforests for subway and railroad track ties because it is
strong, durable, and rot resistant. However, the use of tropical hard-
wood has a detrimental effect on the environment.  According to Rainfor-
est Relief, "at least 50% of all species are found only in tropical
rainforests" and the "Earth's rainforests are being destroyed at the
rate of 1.5 acres per second worldwide" (Rainforest Relief, "Avoiding
Unsustainable Rainforest Wood," 2007).  New York State legislation
currently prohibits public procurement of many specific species of trop-
ical hardwoods, but many agencies, including the MTA, have simply
switched to wood from species not enumerated in the law.

Chicago's Transit Authority (CTA) began testing plastic ties in 1998.
Since then, CTA has replaced approximately one-fourth of its wood ties.
The Long Island Rail Road (LIRR) began to replace some of its wood ties
with plastic ties in 2007. In 2009, the MTA formed a Sustainable Rail-
road Tie Task Force, which has tested sustainable railroad ties produced
primarily from composite materials. The Task Force found that
"[c]omposite plastic railroad ties can offer improved service life under
certain conditions" (Metropolitan Transportation Authority, "Sustainable
Railroad Tie Task Force Report," April 2009). This legislation is
intended to accelerate the MTA's progress in this important initiative.

Using recycled plastic lumber "helps keep materials out of landfills and
incinerators...[and] helps to reduce the consumption of natural
resources, thereby reducing the impacts that resource extraction can
have on human health and the environment" ("Plastic Lumber: Overview,"
www.rethinkrecycling.com). While plastic ties are initially more expen-
sive than recycled plastic lumber, the "return on investment ranges from
two to four years when reduced maintenance and replacement costs are
considered," especially since plastic ties can be reused ("Plastic
Lumber:  Cost," www.rethinkrecycling.com). Prices of recycled plastic
lumber are expected to decrease as demand increases and technology
improves, while wood prices are expected to continue increasing.

The bill would mandate that the MTA purchase and use composites made
from non-wood materials for both new and replacement subway and railroad
track ties, ending the procurement and use of tropical hardwoods for
this purpose.

LEGISLATIVE HISTORY:
This is a new bill in the Assembly.

FISCAL IMPACT TO THE STATE:
None to the State.  Upfront costs to the MTA should be more than offset
by medium- and long-term savings.

EFFECTIVE DATE:
This act shall take effect immediately.

A10503-2009 Text

 S T A T E   O F   N E W   Y O R K
 
 10503
 I N  ASSEMBLY
 April 2, 2010
 
 Introduced by M. of A. KAVANAGH -- read once and referred to the Commit
 tee on Corporations, Authorities and Commissions
 AN  ACT  to  amend the public authorities law, in relation to the use of
 wood in subway and railroad tracks
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  1209 of the public authorities law is amended by
 adding a new subdivision 11-a to read as follows:

 11-A. (A) AS OF JULY FIRST, TWO THOUSAND ELEVEN  THE  AUTHORITY  SHALL
 CEASE  PROCUREMENT  AND  USE  OF  TROPICAL  HARDWOODS  FOR  BOTH NEW AND
 REPLACEMENT SUBWAY AND RAILROAD TRACK TIES.
 (B) ON AND AFTER JULY FIRST, TWO THOUSAND ELEVEN, THE AUTHORITY  SHALL
 PURCHASE  AND  USE PLASTIC COMPOSITES, MADE FROM NON-WOOD MATERIALS, FOR
 BOTH NEW AND REPLACEMENT SUBWAY AND RAILROAD TRACK TIES.
 (C) NOTWITHSTANDING PARAGRAPH (B) OF THIS SUBDIVISION,  THE  AUTHORITY
 MAY  PURCHASE AND USE WOOD MATERIALS FOR BOTH NEW AND REPLACEMENT SUBWAY
 AND RAILROAD TRACK TIES IF THERE ARE NO  AFFORDABLE  COMPOSITE  PRODUCTS
 AVAILABLE, SUBJECT TO THE PROHIBITIONS OF PARAGRAPH (A) OF THIS SUBDIVI
 SION.
 (D) FOR PURPOSES OF THIS SUBDIVISION:

 (I)  "AFFORDABLE"  SHALL  MEAN PURCHASABLE AT A PRICE OF NOT MORE THAN
 ONE HUNDRED THIRTY PERCENT OF THE PURCHASE PRICE OF NON-PLASTIC  COMPOS
 ITE SUBWAY AND RAILROAD TRACK TIES MADE FROM NON-WOOD MATERIALS.
 (II)  "TROPICAL  HARDWOOD"  SHALL MEAN ANY AND ALL HARDWOOD, SCIENTIF
 ICALLY CLASSIFIED AS ANGIOSPERM, THAT GROWS IN ANY  TROPICAL  MOIST  OLD
 GROWTH/PRIMARY FOREST BETWEEN THE TROPICS OF CANCER AND CAPRICORN.
 

S 2.

Section 1265-a of the public authorities law is amended by adding
 a new subdivision 6-a to read as follows:

 6-A.  (A)  AS  OF JULY FIRST, TWO THOUSAND ELEVEN, THE AUTHORITY SHALL
 CEASE PROCUREMENT AND  USE  OF  TROPICAL  HARDWOODS  FOR  BOTH  NEW  AND
 REPLACEMENT SUBWAY AND RAILROAD TRACK TIES.
 (B)  ON AND AFTER JULY FIRST, TWO THOUSAND ELEVEN, THE AUTHORITY SHALL
 PURCHASE AND USE PLASTIC COMPOSITES, MADE FROM NON-WOOD  MATERIALS,  FOR
 BOTH NEW AND REPLACEMENT SUBWAY AND RAILROAD TRACK TIES.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD16559-02-0
 
       A. 10503                            2
 (C)  NOTWITHSTANDING  PARAGRAPH (B) OF THIS SUBDIVISION, THE AUTHORITY
 MAY PURCHASE AND USE WOOD MATERIALS FOR BOTH NEW AND REPLACEMENT  SUBWAY
 AND  RAILROAD  TRACK  TIES IF THERE ARE NO AFFORDABLE COMPOSITE PRODUCTS
 AVAILABLE, SUBJECT TO THE PROHIBITIONS OF PARAGRAPH (A) OF THIS SUBDIVI
 SION.
 (D) FOR PURPOSES OF THIS SUBDIVISION:

 (I)  "AFFORDABLE"  SHALL  MEAN PURCHASABLE AT A PRICE OF NOT MORE THAN
 ONE HUNDRED THIRTY PERCENT OF THE PURCHASE PRICE OF NON-PLASTIC  COMPOS
 ITE SUBWAY AND RAILROAD TRACK TIES MADE FROM NON-WOOD MATERIALS.
 (II)  "TROPICAL  HARDWOOD"  SHALL MEAN ANY AND ALL HARDWOOD, SCIENTIF
 ICALLY CLASSIFIED AS ANGIOSPERM, THAT GROWS IN ANY  TROPICAL  MOIST  OLD
 GROWTH/PRIMARY FOREST BETWEEN THE TROPICS OF CANCER AND CAPRICORN.
 

S 3. This act shall take effect immediately.

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