N.Y. Highway Law § 23: Rubber-modified asphalt pilot project

* § 23. Rubber-modified asphalt pilot project. 1. The commissioner

shall undertake in nineteen hundred eighty-eight, a pilot project for

the utilization of rubber-modified asphalt in the construction or

improvement of state highways. Such rubber-modified asphalt pilot

project shall utilize rubber derived from motor vehicle tires discarded

in the state, including but not limited to use in granulated form as a

percentage of asphalt mix and use as a joint material, and may be

required in a contract or contracts for capital construction or

improvement of highways in fiscal year nineteen hundred eighty-nine.

2. On or before April first, nineteen hundred eighty-nine, the

commissioner of transportation shall submit a report to the governor, to

the speaker of the assembly and to the president pro tem of the senate.

In making such report, the commissioner may make use of and report on

existing studies, analyses and pilot projects conducted within or

outside the state by other states or the federal government, along with

any other sources of information he deems appropriate. Such report shall

include a summary and analysis of the procedures and results of the

pilot project, including the following:

(a) a comparison of costs of conventional asphalt mixes to the costs

of the use of rubber-modified asphalt;

(b) a comparison of the application methods of conventional paving

materials to rubber-modified asphalt and the ability to adapt equipment

and processes, if necessary, to incorporate rubber in asphalt mix to the

commissioner's specifications;

(c) performance of rubber-modified asphalt as compared to conventional

materials with regard to longevity of pavement, traction, road glare,

icing, and such other characteristics as may be deemed appropriate by

the commissioner;

(d) the findings of the commissioner as to the optimum and appropriate

percentage of scrap rubber in rubber-modified asphalt paving mixtures

for construction or improvement of state highways in consideration of

projected performance, safety and costs;

(e) the quantity of rubber that would be used annually if the

percentage of rubber content recommended by the commissioner were to be

utilized in rubber-modified asphalt paving mixtures for all contracts

for the construction or improvement of state highways or sections

thereof;

(f) existing or potential impediments to the maximum utilization of

rubber-modified asphalt in contracts for the construction or improvement

of state highways;

(g) recommendations of the commissioner as to future actions that

could be taken by the department of transportation, the governor and the

legislature to facilitate the use of scrap rubber for highway

construction or improvement;

(h) an analysis of the potential for the use of rubber-modified

asphalt by local governments, regional and statewide authorities

governing the construction or improvement of highways or bridges,

including, but not limited to:

(i) the projected annual demand for scrap rubber by local governments,

regional and statewide authorities, based upon the percentage mix in

asphalt for rubber derived from motor vehicle tires recommended by the

commissioner; and

(ii) known or anticipated impediments to the maximum utilization of

rubber-modified asphalt by local governments, regional and statewide

authorities.

3. The commissioner shall further examine, and make recommendations

regarding the following:

(a) actions that may be necessary to ensure the availability of an

adequate supply of scrap rubber to meet projected demand in the

construction or improvement of public highways; and

(b) an estimation of the additional expense, if any, to the state or

localities in the utilization of rubber-modified asphalt technologies.

4. In the preparation of this report the commissioner shall consult

with the county and other state governments, the New York state thruway

authority, the port authority of New York and New Jersey and such public

or private agencies as the commissioner deems appropriate.

* NB There are 2 § 23's