AN ACT to allow the department of transportation to use recycled asphalt for highway CONSTRUCTION and maintenance if it meets the required minimum content standards and the material meets the minimum specifications for the project.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 136‑28.8(b) reads as rewritten:
"(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, but not limited to, hot in‑place recycling, in road and highway maintenance.
(4)	Recycled asphalt, provided that minimum content standards are met and the material meets minimum specifications for the project."
SECTION 2.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 4th day of June, 2012.

	s/	 Walter H. Dalton
	 President of the Senate

	s/	 Dale R. Folwell
	 Speaker Pro Tempore of the House of Representatives

	___________________________________________
		 Beverly E. Perdue
	 Governor

Approved __________.m. this ______________ day of ___________________, 2012