Senate Bill S3532

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

                                  3532

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 11, 2015
                               ___________

Introduced by Sen. PANEPINTO -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08874-01-5
              

S. 3532                             2

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:
  (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.