S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5854
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced  by M. of A. TAGUE -- read once and referred 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08606-01-5
 A. 5854                             2
              

 
 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-
 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.