Use of recyclable materials in construction.

(1) It is the intent of the Legislature that the Department of Transportation continue to expand its current use of recovered materials in its construction programs.

(2) The Legislature declares it to be in the public interest to find alternative ways to use certain recyclable materials that currently are part of the solid waste stream and that contribute to problems of declining space in landfills. To determine the feasibility of using certain recyclable materials for paving materials, the department may undertake demonstration projects using all of the following materials in road construction:

(a) Ground rubber from automobile tires in road resurfacing or subbase materials for roads.

(b) Ash residue from coal combustion byproducts for concrete and ash residue from waste incineration facilities and oil combustion byproducts for subbase material.

(c) Recycled mixed-plastic material for guardrail posts or right-of-way fence posts.

(d) Construction steel, including reinforcing rods and I-beams, manufactured from scrap metals disposed of in the state.

(e) Glass and glass aggregates.

(f) Phosphogypsum from phosphate production in road construction aggregate material.

(3) The department shall review and revise existing bid procedures and specifications for the purchase or use of products and materials to eliminate any procedures and specifications that explicitly discriminate against products and materials with recycled content, except where such procedures and specifications are necessary to protect the health, safety, and welfare of the people of this state.

(4) The department shall review and revise its bid procedures and specifications on a continuing basis to encourage the use of products and materials with recycled content and shall, in developing new procedures and specifications, encourage the use of products and materials with recycled content.

(5) Notwithstanding any law, rule, or ordinance to the contrary, a local governmental entity may not adopt standards or specifications that are contrary to the department standards or specifications for permissible use of reclaimed asphalt pavement material and may not deem reclaimed asphalt pavement material as solid waste.

(6) All agencies shall cooperate with the department in carrying out the provisions of this section.