Senate Bill S10328

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10328
 
                             I N  S E N A T E
 
                               May 14, 2026
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the highway law and the environmental conservation  law,
   in relation to requiring the use of reclaimed asphalt pavement
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings and intent. The Legislature finds that
 millions of tons of asphalt are removed from and replaced  on  New  York
 state's  highways every year. The practice of reusing some percentage of
 reclaimed asphalt pavement to produce new asphalt, rather than  discard-
 ing  it  and using virgin material in its place, is an established prac-
 tice in the state of New York and throughout the country.  The  benefits
 of  using  reclaimed asphalt pavement are clear both from a financial as
 well as an environmental perspective. Yet, the  Legislature  finds  that
 despite its established use and the clear environmental and fiscal bene-
 fits,  use  of  reclaimed  asphalt pavement at both public and privately
 owned  facilities  could  increase  significantly  without   sacrificing
 asphalt  strength or jeopardizing local supply. The thirty percent mini-
 mum recycled content  requirement  set  forth  in  this  legislation  is
 intended  to  serve as a floor - and not as a ceiling - and to encourage
 the use of even greater percentages of recycled asphalt pavement in  the
 future.
   §  2. The highway law is amended by adding a new section 24 to read as
 follows:
   § 24. RECLAIMED ASPHALT. 1. DEFINITIONS.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ASPHALT"  SHALL  MEAN  A  DARK BROWN TO BLACK BITUMEN PITCH THAT
 MELTS READILY AND WHICH APPEARS IN NATURE IN ASPHALT BEDS OR IS PRODUCED
 AS A BY-PRODUCT OF THE PETROLEUM INDUSTRY.
   (B) "ASPHALTIC CONCRETE" OR "ASPHALT PAVING" SHALL MEAN A  MIXTURE  OF
 LIQUID ASPHALT AND GRADED AGGREGATE USED AS PAVING MATERIAL.
   (C)  "I-4  MIX" SHALL MEAN A TYPE OF HEAVY DUTY ASPHALTIC CONCRETE MIX
 CONTAINING THREE  QUARTER  INCH  NOMINAL  MAXIMUM  SIZE  AGGREGATE  WITH
 BETWEEN  TWENTY-FIVE AND FIFTY PERCENT OF THE AGGREGATE CAPABLE OF PASS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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 S. 10328                            2
 
 ING THROUGH A NO. 8 SIEVE AND IN WHICH ALL SAND CONTAINED IN THE MIX  IS
 CRUSHED.
   (D)  "RECLAIMED ASPHALT PAVEMENT" SHALL MEAN ASPHALT PAVEMENT THAT HAS
 BEEN PROCESSED FOR REUSE IN ASPHALTIC CONCRETE.
   2. CONSTRUCTION GENERALLY. (A) THE MATERIALS USED IN THE  CONSTRUCTION
 OF  HIGHWAYS,  INCLUDING THE WIDTH OF THE SIDEWALKS THEREON, SHALL FULLY
 CONFORM TO DEPARTMENT SPECIFICATIONS FOR SUCH HIGHWAYS AS PRESCRIBED  BY
 THE  COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF ENVIRONMENTAL
 CONSERVATION.
   (B) THE  COMMISSIONER'S  SPECIFICATIONS  FOR  MATERIALS  USED  IN  THE
 CONSTRUCTION  OF  HIGHWAYS  SHALL  INCLUDE  A REQUIREMENT THAT ASPHALTIC
 CONCRETE, OTHER THAN I-4 MIX OR OTHER HEAVY DUTY ASPHALTIC CONCRETE  MIX
 APPROVED BY THE COMMISSIONER, SHALL CONTAIN NOT LESS THAN THIRTY PERCENT
 RECLAIMED  ASPHALT PAVEMENT, AS MEASURED BY WEIGHT, AND I-4 MIX OR OTHER
 APPROVED HEAVY DUTY ASPHALTIC CONCRETE MIX SHALL CONTAIN NOT  LESS  THAN
 TEN  PERCENT  RECLAIMED  ASPHALT  PAVEMENT,  AS MEASURED BY WEIGHT. SUCH
 SPECIFICATIONS MAY REQUIRE A  HIGHER  PERCENTAGE  OF  RECLAIMED  ASPHALT
 PAVEMENT.  THE  COMMISSIONER,  IN  CONSULTATION WITH THE COMMISSIONER OF
 ENVIRONMENTAL CONSERVATION, MAY WAIVE COMPLIANCE WITH THIS PARAGRAPH  IF
 THE  COMMISSIONER, AFTER CONSULTING WITH THE OWNERS OR PERSONS IN CHARGE
 OF ALL ASPHALT PLANTS LOCATED WITHIN THE STATE, FINDS THAT A  SUFFICIENT
 SUPPLY OF RECLAIMED ASPHALT PAVEMENT IS NOT AVAILABLE AND SHALL SET SUCH
 SPECIFICATIONS IN ACCORDANCE WITH SUCH FINDINGS.
   (C) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ENCOUR-
 AGE THE GREATEST USE OF RECLAIMED ASPHALT PAVEMENT POSSIBLE.
   §  3.  Article  27 of the environmental conservation law is amended by
 adding a new title 34 to read as follows:
 
                                TITLE XXXIV
                             RECLAIMED ASPHALT
 
 SECTION 27-3401. DEFINITIONS.
         27-3403. RECLAIMED ASPHALT.
 § 27-3401. DEFINITIONS.
   FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1. "ASPHALT" SHALL MEAN A DARK BROWN TO BLACK BITUMEN PITCH THAT MELTS
 READILY  AND WHICH APPEARS IN NATURE IN ASPHALT BEDS OR IS PRODUCED AS A
 BY-PRODUCT OF THE PETROLEUM INDUSTRY.
   2. "ASPHALTIC CONCRETE" OR "ASPHALT PAVING" SHALL MEAN  A  MIXTURE  OF
 LIQUID ASPHALT AND GRADED AGGREGATE USED AS PAVING MATERIAL.
   3.  "I-4  MIX"  SHALL MEAN A TYPE OF HEAVY DUTY ASPHALTIC CONCRETE MIX
 CONTAINING THREE  QUARTER  INCH  NOMINAL  MAXIMUM  SIZE  AGGREGATE  WITH
 BETWEEN  TWENTY-FIVE AND FIFTY PERCENT OF THE AGGREGATE CAPABLE OF PASS-
 ING THROUGH A NO. 8 SIEVE AND IN WHICH ALL SAND CONTAINED IN THE MIX  IS
 CRUSHED.
   4.  "RECLAIMED  ASPHALT PAVEMENT" SHALL MEAN ASPHALT PAVEMENT THAT HAS
 BEEN PROCESSED FOR REUSE IN ASPHALTIC CONCRETE.
 § 27-3403. RECLAIMED ASPHALT.
   1. THE COMMISSIONER SHALL, IN CONSULTATION WITH  THE  COMMISSIONER  OF
 TRANSPORTATION, DEVELOP SPECIFICATIONS FOR ASPHALT USED IN CONSTRUCTION,
 INCLUDING  BUT  NOT  LIMITED TO THE CONSTRUCTION OF HIGHWAYS, DRIVEWAYS,
 AND PARKING LOTS.
   2. THE COMMISSIONER'S SPECIFICATIONS FOR ASPHALT USED IN  CONSTRUCTION
 SHALL  INCLUDE A REQUIREMENT THAT ASPHALTIC CONCRETE, OTHER THAN I-4 MIX
 OR OTHER HEAVY DUTY ASPHALTIC CONCRETE MIX APPROVED BY THE COMMISSIONER,
 S. 10328                            3
 
 SHALL CONTAIN NOT LESS THAN THIRTY PERCENT RECLAIMED  ASPHALT  PAVEMENT,
 AS  MEASURED BY WEIGHT, AND I-4 MIX OR OTHER APPROVED HEAVY DUTY ASPHAL-
 TIC CONCRETE MIX SHALL CONTAIN  NOT  LESS  THAN  TEN  PERCENT  RECLAIMED
 ASPHALT PAVEMENT, AS MEASURED BY WEIGHT. SUCH SPECIFICATIONS MAY REQUIRE
 A  HIGHER PERCENTAGE OF RECLAIMED ASPHALT PAVEMENT. THE COMMISSIONER, IN
 CONSULTATION WITH THE COMMISSIONER OF TRANSPORTATION, MAY WAIVE  COMPLI-
 ANCE  WITH  THIS  TITLE  IF  THE COMMISSIONER, AFTER CONSULTING WITH THE
 OWNERS OR PERSONS IN CHARGE OF ALL ASPHALT  PLANTS  LOCATED  WITHIN  THE
 STATE,  FINDS  THAT A SUFFICIENT SUPPLY OF RECLAIMED ASPHALT PAVEMENT IS
 NOT AVAILABLE AND SHALL SET SUCH SPECIFICATIONS IN ACCORDANCE WITH  SUCH
 FINDINGS.
   3.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO ENCOUR-
 AGE THE GREATEST USE OF RECLAIMED ASPHALT PAVEMENT POSSIBLE.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.