Relates to the use of wood in subway and railroad tracks; prohibits the use of tropical hardwood

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.