GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	2 

SENATE BILL 1081
Second Edition Engrossed 4/28/99

Short Title:  Recycled Materials in Road Maintenance.  	(Public)

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Sponsors: Senators Albertson; and Metcalf.

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Referred to:  Transportation.

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April 15, 1999

A BILL TO BE ENTITLED
AN ACT TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO EXPAND THE USE OF RECYCLED MATERIALS IN ROAD MAINTENANCE. 
The General Assembly of North Carolina enacts:
Section 1.  G.S. 136-28.8 reads as rewritten:
"§ 136-28.8.  Use of recycled materials in construction.
(a)	It is the intent of the General Assembly that the Department of Transportation continue to expand its use of recycled materials in its construction and maintenance programs.
(b)	The General Assembly declares it to be in the public interest to find alternative ways to use certain recycled materials that currently are part of the solid waste stream and that contribute to problems of declining space in landfills.  The Department shall, consistent with economic feasibility and applicable engineering and environmental quality standards, use:
(1)	Rubber from tires in road pavements, subbase materials, or other appropriate applications.
(2)	Recycled materials for guard rail posts, right-of-way fence posts, and sign supports.
(3)	Recycling technology, including hot in-place recycling, in road and highway maintenance.
(c)	As a part of its scheduled projects, the Department shall conduct additional research, which may include demonstration projects, on the use of recycled materials in construction and maintenance.
(d)	The Department shall review and revise existing bid procedures and specifications to eliminate any procedures and specifications that explicitly discriminate against recycled materials in construction and maintenance, except where the procedures and specifications are necessary to protect the health, safety, and welfare of the people of this State.
(e)	The Department shall review and revise its bid procedures and specifications on a continuing basis to encourage the use of recycled materials in construction and maintenance and shall, to the extent economically practicable, require the use of recycled materials.
(f)	All agencies shall cooperate with the Department in carrying out the provisions of this section.
(g)	On or before October 1 of each year, the Department shall report to the Division of Pollution Prevention and Environmental Assistance of the Department of Environment and Natural Resources as to the amounts and types of recycled materials that were specified or used in contracts that were entered into during the previous fiscal year. On or before December 1 of each year, the Division of Pollution Prevention and Environmental Assistance shall prepare a summary of this report and submit the summary to the Joint Legislative Commission on Governmental Operations, the Joint Legislative Transportation Oversight Committee, and the Environmental Review Commission.
(h)	The Department, in consultation with the Department of Environment and Natural Resources, shall determine minimum content standards for recycled materials.
(i)	This section is broadly applicable to all procurements by the Department if the quality of the product is consistent with the requirements of the bid specifications.
(j)	The Department may adopt rules to implement this section."
Section 2.  This act becomes effective July 1, 1999.