2022 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