S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7443

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Transportation

AN ACT to amend the transportation law, in relation to recycled concrete
  aggregate

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The transportation law is amended by adding a new section
17-c to read as follows:
  S 17-C. USE OF RECYCLED CONCRETE AGGREGATE. 1. FOR THE PURPOSE OF THIS
SECTION, "RECYCLED CONCRETE AGGREGATE" MEANS GRANULAR MATERIAL  MANUFAC-
TURED BY REMOVING, CRUSHING, AND PROCESSING INORGANIC MATERIAL PREVIOUS-
LY  USED  IN  CONSTRUCTION AND PRINCIPALLY COMPRISED OF CRUSHED CONCRETE
WASHED AND GRADED FOR USE IN THE PRODUCTION OF FURTHER CONCRETE.
  2. THE COMMISSIONER SHALL USE RECYCLED CONCRETE AGGREGATE  IN  CAPITAL
PROJECTS  WHERE  RECYCLING FACILITIES ARE ACCESSIBLE AND THE COST OF THE
RECYCLED CONCRETE AGGREGATE IS NOT MORE THAN TEN PERCENT HIGHER THAN THE
UNIT COST OF NON-RECYCLED CONCRETE AGGREGATE. RECYCLED AGGREGATES CAN BE
USED:
  (A) IN PAVED ROADS AS AGGREGATE BASE, AGGREGATE  SUBBASE,  AND  SHOUL-
DERS;
  (B) IN GRAVEL ROADS AS SURFACING;
  (C) AS BASE FOR BUILDING FOUNDATIONS;
  (D) AS FILL FOR UTILITY TRENCHES;
  (E)  FOR  PURPOSES  COVERED  UNDER  SECTION EIGHTY-NINE-B OF THE STATE
FINANCE LAW; AND
  (F) ANY OTHER PURPOSE FOR WHICH THEY MAY BE USEFUL.
  3. ON OR BEFORE MARCH FIRST OF EACH YEAR THE COMMISSIONER SHALL SUBMIT
A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE  TEMPORARY
PRESIDENT  OF  THE  SENATE.  IN MAKING SUCH REPORT, THE COMMISSIONER MAY
MAKE USE OF AND REPORT ON EXISTING STUDIES, ANALYSES  AND  DEMONSTRATION
PROGRAMS  CONDUCTED  WITHIN  OR WITHOUT THE STATE BY OTHER STATES OR THE
FEDERAL GOVERNMENT, ALONG WITH ANY OTHER SOURCES OF  INFORMATION  HE  OR
SHE DEEMS APPROPRIATE. SUCH REPORT SHALL INCLUDE A SUMMARY AND ANALYSIS,
ADDRESSING THE FOLLOWING ISSUES:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14673-03-4

S. 7443                             2

  (A)  COMPARISON OF THE TOTAL COST OF CONVENTIONAL ASPHALT MIXES TO THE
TOTAL COST OF THE USE OF MIXES CONTAINING RECYCLED CONCRETE AGGREGATE;
  (B)  COMPARISON OF TOTAL COST OF PRODUCTS USING AND NOT USING RECYCLED
CONCRETE AGGREGATE, INCLUDING DIFFERENCE IN ANTICIPATED  TOTAL  COST  OF
COMMON  CAPITAL PROJECTS USING CONVENTIONAL AND RECYCLED AGGREGATE MIXES
FROM THE DIFFERENCE IN ACTUAL TOTAL PROJECT COST;
  (C) UTILIZATION OF CONCRETE CONTAINING RECYCLED  AGGREGATES,  AND  THE
UTILIZATION RATE FOR EACH YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION;
  (D)  DISCUSSION OF PROJECTS WHERE RECYCLED MATERIAL WAS CONSIDERED BUT
NOT USED WHICH SHALL BE ACCOMPANIED BY AN EXPLANATION OF  THE  RATIONALE
FOR NON-USE;
  (E)  EXISTING  OR  POTENTIAL IMPEDIMENTS TO THE MAXIMUM UTILIZATION OF
RECYCLED CONCRETE AGGREGATE;
  (F) RECOMMENDATIONS OF THE COMMISSIONER  AS  TO  FUTURE  ACTIONS  THAT
COULD  BE  TAKEN  BY THE DEPARTMENT, THE GOVERNOR AND THE LEGISLATURE TO
FACILITATE  THE  USE  OF  RECYCLED  CONCRETE  AGGREGATE  IN   DEPARTMENT
PROJECTS; AND
  (G)  ANALYSIS OF CURRENT AND POTENTIAL USE OF RECYCLED CONCRETE AGGRE-
GATE BY LOCAL GOVERNMENTS, REGIONAL AND STATEWIDE AUTHORITIES  GOVERNING
THE CONSTRUCTION OR IMPROVEMENT OF HIGHWAYS OR BRIDGES, INCLUDING:
  (I) PROJECT ANNUAL DEMAND; AND
  (II)  KNOWN  OR ANTICIPATED IMPEDIMENTS TO THE MAXIMUM USE OF RECYCLED
CONCRETE AGGREGATE BY LOCAL GOVERNMENTS, REGIONAL AND STATEWIDE AUTHORI-
TIES.
  S 2. This act shall take effect one hundred eighty days after it shall
have become a law.