1. The Laws of New York
  2. Consolidated Laws
  3. Highway
  4. Article 2: Commissioner of Transportation


Section 23 Rubber-modified asphalt pilot project

Highway (HAY)

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