Section 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