* § 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