Section 23*2. 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