* § 23. Coal combustion by-product demonstration project. 1. The
commissioner shall undertake in nineteen hundred eighty-eight, after
consultation with and in cooperation with the commissioner of
environmental conservation, a demonstration project utilizing coal
combustion by-products in the construction or improvement of state
highways. Such project shall demonstrate the feasibility of the use of
coal combustion by-products generated in the state, for the purpose of,
but not solely limited to, large volume applications of such by-products
as embankments and/or as fill.

2. On or before April first, nineteen hundred eighty-nine, the
commissioner and the commissioner of environmental conservation 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 shall make use of and report on existing studies, analyses
and pilot projects conducted by the state of New York or the other
states or the federal government, and such other sources of information
they deem appropriate. Such report shall summarize and analyze the
demonstration project and other data and information compiled by the
commissioners. Such summary and analysis shall include:

(a) a comparison of costs of conventional embankment and fill
materials to the costs of the use of coal combustion by-products for
such purposes;

(b) a comparison of the methods of application of conventional
embankment and fill materials to the application of coal combustion
by-products for the same purposes and the ability to adapt equipment and
processes, if necessary, to incorporate coal combustion by-products into
the commissioner's specification for embankments and fill;

(c) a comparison of the performance of coal combustion by-products to
conventional materials with respect to stability, erosion, environmental
compatibility and such other similar characteristics as may be deemed
appropriate by the commissioners;

(d) a comparison of the environmental benefits and detriments of the
use of coal combustion by-products with those of alternative products or
materials;

(e) the findings of the commissioner as to the optimum and appropriate
percentage of coal combustion by-products for construction or
improvement of state highways in consideration of projected performance,
and costs;

(f) a finding of the quantity of coal combustion by-products that
would be used annually if the percentage of coal combustion by-products
recommended by the commissioners were to be utilized in embankments and
fills for contracts for the construction or improvement of state
highways or sections thereof;

(g) a description of existing or potential impediments to the maximum
utilization of coal combustion by-products in contracts for the
construction or improvement of state highways;

(h) 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 coal combustion by-products for highway
construction or improvement;

(i) an analysis of the potential for the use of coal combustion
by-products 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 coal combustion by-products by
local governments, regional and statewide authorities, based upon the
percentage recommended by the commissioner for use in fills and
embankments; and

(ii) known or anticipated impediments to the maximum utilization of
coal combustion by-products by local governments, regional and statewide
authorities; and

(j) an estimation of the additional expense, if any, to the state or
localities in the utilization of coal combustion by-products
technologies.

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 coal combustion by-products to meet projected demand
in the construction or improvement of public highways;

(b) methods of encouraging the use of coal combustion by-products in
concrete and asphalt applications.

4. In the preparation of this report, the commissioner and the
commissioner of environmental conservation 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