NY Hwy L § 23 (2021)
2021 New York Laws HAY - Highway Article 2 - Commissioner of Transportation 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