N.Y. HAY Law § 23 — New York Code / Act HAY / Article 2 / Section 23
Rubber-modified asphalt pilot project
Status: in_force

* § 23. Rubber-modified asphalt pilot project. 1. The commissioner\nshall undertake in nineteen hundred eighty-eight, a pilot project for\nthe utilization of rubber-modified asphalt in the construction or\nimprovement of state highways. Such rubber-modified asphalt pilot\nproject shall utilize rubber derived from motor vehicle tires discarded\nin the state, including but not limited to use in granulated form as a\npercentage of asphalt mix and use as a joint material, and may be\nrequired in a contract or contracts for capital construction or\nimprovement of highways in fiscal year nineteen hundred eighty-nine.\n  2. On or before April first, nineteen hundred eighty-nine, the\ncommissioner of transportation shall submit a report to the governor, to\nthe speaker of the assembly and to the president pro tem of the senate.\nIn making such report, the commissioner may make use of and report on\nexisting studies, analyses and pilot projects conducted within or\noutside the state by other states or the federal government, along with\nany other sources of information he deems appropriate. Such report shall\ninclude a summary and analysis of the procedures and results of the\npilot project, including the following:\n  (a) a comparison of costs of conventional asphalt mixes to the costs\nof the use of rubber-modified asphalt;\n  (b) a comparison of the application methods of conventional paving\nmaterials to rubber-modified asphalt and the ability to adapt equipment\nand processes, if necessary, to incorporate rubber in asphalt mix to the\ncommissioner's specifications;\n  (c) performance of rubber-modified asphalt as compared to conventional\nmaterials with regard to longevity of pavement, traction, road glare,\nicing, and such other characteristics as may be deemed appropriate by\nthe commissioner;\n  (d) the findings of the commissioner as to the optimum and appropriate\npercentage of scrap rubber in rubber-modified asphalt paving mixtures\nfor construction or improvement of state highways in consideration of\nprojected performance, safety and costs;\n  (e) the quantity of rubber that would be used annually if the\npercentage of rubber content recommended by the commissioner were to be\nutilized in rubber-modified asphalt paving mixtures for all contracts\nfor the construction or improvement of state highways or sections\nthereof;\n  (f) existing or potential impediments to the maximum utilization of\nrubber-modified asphalt in contracts for the construction or improvement\nof state highways;\n  (g) recommendations of the commissioner as to future actions that\ncould be taken by the department of transportation, the governor and the\nlegislature to facilitate the use of scrap rubber for highway\nconstruction or improvement;\n  (h) an analysis of the potential for the use of rubber-modified\nasphalt 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 scrap rubber by local governments,\nregional and statewide authorities, based upon the percentage mix in\nasphalt for rubber derived from motor vehicle tires recommended by the\ncommissioner; and\n  (ii) known or anticipated impediments to the maximum utilization of\nrubber-modified asphalt by local governments, regional and statewide\nauthorities.\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 scrap rubber to meet projected demand in the\nconstruction or improvement of public highways; and\n  (b) an estimation of the additional expense, if any, to the state or\nlocalities in the utilization of rubber-modified asphalt technologies.\n  4. In the preparation of this report the commissioner shall consult\nwith the county and other state governments, the New York state thruway\nauthority, the port authority of New York and New Jersey and such public\nor private agencies as the commissioner deems appropriate.\n  * NB There are 2 § 23's\n