N.Y. HAY Law § 23*2 — New York Code / Act HAY / Article 2 / Section 23*2
Coal combustion by-product demonstration project
Status: in_force

* § 23. Coal combustion by-product demonstration project. 1. The\ncommissioner shall undertake in nineteen hundred eighty-eight, after\nconsultation with and in cooperation with the commissioner of\nenvironmental conservation, a demonstration project utilizing coal\ncombustion by-products in the construction or improvement of state\nhighways. Such project shall demonstrate the feasibility of the use of\ncoal combustion by-products generated in the state, for the purpose of,\nbut not solely limited to, large volume applications of such by-products\nas embankments and/or as fill.\n  2. On or before April first, nineteen hundred eighty-nine, the\ncommissioner and the commissioner of environmental conservation shall\nsubmit a report to the governor, to the speaker of the assembly and to\nthe president pro tem of the senate. In making such report, the\ncommissioner shall make use of and report on existing studies, analyses\nand pilot projects conducted by the state of New York or the other\nstates or the federal government, and such other sources of information\nthey deem appropriate. Such report shall summarize and analyze the\ndemonstration project and other data and information compiled by the\ncommissioners. Such summary and analysis shall include:\n  (a) a comparison of costs of conventional embankment and fill\nmaterials to the costs of the use of coal combustion by-products for\nsuch purposes;\n  (b) a comparison of the methods of application of conventional\nembankment and fill materials to the application of coal combustion\nby-products for the same purposes and the ability to adapt equipment and\nprocesses, if necessary, to incorporate coal combustion by-products into\nthe commissioner's specification for embankments and fill;\n  (c) a comparison of the performance of coal combustion by-products to\nconventional materials with respect to stability, erosion, environmental\ncompatibility and such other similar characteristics as may be deemed\nappropriate by the commissioners;\n  (d) a comparison of the environmental benefits and detriments of the\nuse of coal combustion by-products with those of alternative products or\nmaterials;\n  (e) the findings of the commissioner as to the optimum and appropriate\npercentage of coal combustion by-products for construction or\nimprovement of state highways in consideration of projected performance,\nand costs;\n  (f) a finding of the quantity of coal combustion by-products that\nwould be used annually if the percentage of coal combustion by-products\nrecommended by the commissioners were to be utilized in embankments and\nfills for contracts for the construction or improvement of state\nhighways or sections thereof;\n  (g) a description of existing or potential impediments to the maximum\nutilization of coal combustion by-products in contracts for the\nconstruction or improvement of state highways;\n  (h) recommendations of the commissioner as to future actions that\ncould be taken by the department, the governor and the legislature to\nfacilitate the use of coal combustion by-products for highway\nconstruction or improvement;\n  (i) an analysis of the potential for the use of coal combustion\nby-products by local governments, regional and statewide authorities\ngoverning the construction or improvement of highways or bridges,\nincluding, but not limited to:\n  (i) the projected annual demand for coal combustion by-products by\nlocal governments, regional and statewide authorities, based upon the\npercentage recommended by the commissioner for use in fills and\nembankments; and\n  (ii) known or anticipated impediments to the maximum utilization of\ncoal combustion by-products by local governments, regional and statewide\nauthorities; and\n  (j) an estimation of the additional expense, if any, to the state or\nlocalities in the utilization of coal combustion by-products\ntechnologies.\n  3. The commissioner shall further examine, and make recommendations\nregarding the following:\n  (a) actions that may be necessary to ensure the availability of an\nadequate supply of coal combustion by-products to meet projected demand\nin the construction or improvement of public highways;\n  (b) methods of encouraging the use of coal combustion by-products in\nconcrete and asphalt applications.\n  4. In the preparation of this report, the commissioner and the\ncommissioner of environmental conservation shall consult with the county\nand other state governments, the New York state thruway authority, the\nport authority of New York and New Jersey and such public or private\nagencies as the commissioner deems appropriate.\n  * NB There are 2 § 23's\n