Senate Bill S8919

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8919
 
                             I N  S E N A T E
 
                             January 15, 2026
                                ___________
 
 Introduced by Sen. OBERACKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN  ACT  to  amend  the  highway  law,  in  relation to establishing the
   reclaimed asphalt pavement pilot program; and providing for the repeal
   of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  highway law is amended by adding a new section 24 to
 read as follows:
   § 24. RECLAIMED ASPHALT PAVEMENT PILOT PROGRAM.  1.  THE  COMMISSIONER
 SHALL  ESTABLISH  A  PILOT  PROGRAM  FOR  THE  PURPOSE OF UTILIZATION OF
 RECLAIMED ASPHALT PAVEMENT IN THE CONSTRUCTION OR IMPROVEMENT  OF  STATE
 AND MUNICIPAL HIGHWAYS OR BRIDGES. SUCH RECLAIMED ASPHALT PAVEMENT PILOT
 PROGRAM  SHALL  UTILIZE  RECLAIMED  ASPHALT  PAVEMENT AS A PERCENTAGE OF
 ASPHALT MIX AND MAY BE REQUIRED IN A CONTRACT OR CONTRACTS  FOR  CAPITAL
 CONSTRUCTION  OR  IMPROVEMENT OF STATE AND MUNICIPAL HIGHWAYS OR BRIDGES
 BEGINNING ON OR AFTER APRIL FIRST, TWO THOUSAND TWENTY-SIX. SUCH ASPHALT
 MIX USED FOR CAPITAL CONSTRUCTION OR IMPROVEMENT OF STATE AND  MUNICIPAL
 HIGHWAYS  OR  BRIDGES  SHALL  UTILIZE A PERCENTAGE OF RECLAIMED ASPHALT,
 WITH A MINIMUM OF TWENTY PERCENT AND A MAXIMUM OF ONE HUNDRED PERCENT.
   2. (A) ON OR BEFORE APRIL FIRST, TWO THOUSAND TWENTY-SEVEN, AND  ANNU-
 ALLY  THEREAFTER,  THE  COMMISSIONER  OF  TRANSPORTATION  SHALL SUBMIT A
 REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER
 OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE MINORITY
 LEADER OF THE SENATE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED  TO,
 THE FOLLOWING:
   (I)  A  COMPARISON OF COSTS OF CONVENTIONAL ASPHALT MIXES TO THE COSTS
 OF THE USE OF RECLAIMED ASPHALT MIXES;
   (II) A COMPARISON OF THE APPLICATION METHODS  OF  CONVENTIONAL  PAVING
 MATERIALS  TO RECLAIMED ASPHALT PAVEMENT AND THE ABILITY TO ADAPT EQUIP-
 MENT AND PROCESSES, IF NECESSARY, TO INCORPORATE  RECLAIMED  ASPHALT  IN
 ASPHALT MIX TO THE COMMISSIONER'S SPECIFICATIONS;
   (III)  THE  PERFORMANCE  OF  RECLAIMED ASPHALT PAVEMENT AS COMPARED TO
 CONVENTIONAL MATERIALS WITH REGARD TO THE LONGEVITY OF  PAVEMENT,  TRAC-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08606-01-5
 S. 8919                             2
 
 TION, ROAD GLARE, ICING, AND SUCH OTHER CHARACTERISTICS AS MAY BE DEEMED
 APPROPRIATE BY THE COMMISSIONER;
   (IV)  THE FINDINGS OF THE COMMISSIONER AS TO THE OPTIMUM AND APPROPRI-
 ATE PERCENTAGE OF RECLAIMED ASPHALT IN PAVING MIXTURES FOR  CONSTRUCTION
 OR  IMPROVEMENT  OF STATE AND MUNICIPAL HIGHWAYS OR BRIDGES IN CONSIDER-
 ATION OF PROJECTED PERFORMANCE, SAFETY AND COSTS;
   (V) THE QUANTITY OF RECLAIMED ASPHALT THAT WOULD BE USED  ANNUALLY  IF
 THE  PERCENTAGE  OF RECLAIMED ASPHALT CONTENT RECOMMENDED BY THE COMMIS-
 SIONER WERE TO BE UTILIZED IN RECLAIMED ASPHALT  PAVEMENT  MIXTURES  FOR
 ALL CONTRACTS FOR THE CONSTRUCTION OR IMPROVEMENT OF STATE AND MUNICIPAL
 HIGHWAYS OR BRIDGES, OR SECTIONS THEREOF;
   (VI)  EXISTING  OR POTENTIAL IMPEDIMENTS TO THE MAXIMUM UTILIZATION OF
 RECLAIMED ASPHALT PAVEMENT IN CONTRACTS FOR THE CONSTRUCTION OR IMPROVE-
 MENT OF STATE AND MUNICIPAL HIGHWAYS OR BRIDGES; AND
   (VII) AN ANALYSIS OF THE POTENTIAL FOR THE USE  OF  RECLAIMED  ASPHALT
 PAVEMENT  BY  LOCAL  GOVERNMENTS,  REGIONAL  AND  STATEWIDE  AUTHORITIES
 GOVERNING THE CONSTRUCTION OR IMPROVEMENT OF STATE AND  MUNICIPAL  HIGH-
 WAYS OR BRIDGES, INCLUDING, BUT NOT LIMITED TO:
   (1) THE PROJECTED ANNUAL DEMAND FOR RECLAIMED ASPHALT BY LOCAL GOVERN-
 MENTS, REGIONAL AND STATEWIDE AUTHORITIES, BASED UPON THE PERCENTAGE MIX
 IN ASPHALT PAVEMENT FOR RECLAIMED ASPHALT RECOMMENDED BY THE COMMISSION-
 ER; AND
   (2)  KNOWN  OR  ANTICIPATED  IMPEDIMENTS TO THE MAXIMUM UTILIZATION OF
 RECLAIMED ASPHALT PAVEMENT BY LOCAL GOVERNMENTS, REGIONAL AND  STATEWIDE
 AUTHORITIES.
   (B)  IN  THE  PREPARATION OF SUCH REPORT, THE COMMISSIONER MAY CONSULT
 WITH COUNTY AND OTHER STATE GOVERNMENTS,  THE  NEW  YORK  STATE  THRUWAY
 AUTHORITY, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, THE TRIBOROUGH
 BRIDGE  AND TUNNEL AUTHORITY, AND SUCH PUBLIC OR PRIVATE AGENCIES AS THE
 COMMISSIONER DEEMS APPROPRIATE.
   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 RECLAIMED ASPHALT TO MEET  PROJECTED  DEMAND  IN  THE
 CONSTRUCTION  OR IMPROVEMENT OF STATE AND MUNICIPAL HIGHWAYS OR BRIDGES;
 AND
   (B) AN ESTIMATION OF THE ADDITIONAL EXPENSE, IF ANY, TO THE  STATE  OR
 MUNICIPALITIES IN THE UTILIZATION OF RECLAIMED ASPHALT PAVEMENT TECHNOL-
 OGIES.
   §  2. This act shall take effect April 1, 2026 and shall expire and be
 deemed repealed April 1, 2031.