Manktelow, Gallahan, Simpson, DeStefano, Angelino, Smullen, Novakhov, Gandolfo, Hawley,
Blankenbush, Brown E, Brown K, Reilly, Beephan, Molitor, Palmesano, Norber, Giglio, Miller
MLTSPNSR
Add §24, Hway L
Establishes the reclaimed asphalt pavement pilot program for the purpose of utilization of reclaimed asphalt pavement in the construction or improvement of state and municipal highways or bridges.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5854
SPONSOR: Tague TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
Amends the highway law to authorize the commissioner of transportation
to establish a pilot program for the•use of reclaimed asphalt pavement
in the construction or improvement of state and municipal highways or
bridges.
SUMMARY OF PROVISIONS:
This bill authorizes the commissioner of the department of transporta-
tion to establish a pilot program for the use of reclaimed asphalt pave-
ment in construction or improvement of State and municipal highways or
bridges beginning on or after April 1, 2026. Such pilot program shall
authorize that up to one hundred percent of reclaimed asphalt pavement
be used in asphalt mixes for the construction or improvement of state
and municipal highways or bridges. This bill also requires the commis-
sioner of the department of transportation to produce a report on the
pilot program to be submitted to the governor, speaker of the assembly,
minority leader of the assembly, temporary president of the senate,'•and
minority leader of the senate. Such report shall include a comparison of
costs of conventional and recycled asphalt mixes, a comparison of appli-
cation methods of asphalt mixes, and the performance and longevity of
reclaimed asphalt pavement compared to conventional asphalt. The commis-
sioner is authorized to consult with municipalities, any other state
governments, the thruway authority, port authority of NY and NJ, tribor-
ough bridge and tunnel authority and any other public or private entity
the commissioner deems appropriate.
JUSTIFICATION:
The New York City Department of Transportation has been utilizing recy-
cled asphalt pavement as a method of making the highway and bridge
resurfacing process more environmentally sustainable and cost effective.
As of 2025, NYCDOT produces asphalt with an average of 40% recycled
asphalt pavement content. This bill authorizes the New York State
Department of Transportation to develop a pilot program for the use of
greater percentages of recycled asphalt pavement in asphalt mix for
highway and bridge resurfacing projects.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Costs to the Department of Transportation to establish and report on the
reclaimed asphalt pavement pilot program.
EFFECTIVE DATE:
This act shall take effect April 1, 2026 and shall expire and be deemed
repealed April 1, 2031.
STATE OF NEW YORK
________________________________________________________________________
5854
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. The highway law is amended by adding a new section 24 to
2 read as follows:
3 § 24. Reclaimed asphalt pavement pilot program. 1. The commissioner
4 shall establish a pilot program for the purpose of utilization of
5 reclaimed asphalt pavement in the construction or improvement of state
6 and municipal highways or bridges. Such reclaimed asphalt pavement pilot
7 program shall utilize reclaimed asphalt pavement as a percentage of
8 asphalt mix and may be required in a contract or contracts for capital
9 construction or improvement of state and municipal highways or bridges
10 beginning on or after April first, two thousand twenty-six. Such asphalt
11 mix used for capital construction or improvement of state and municipal
12 highways or bridges shall utilize a percentage of reclaimed asphalt,
13 with a minimum of twenty percent and a maximum of one hundred percent.
14 2. (a) On or before April first, two thousand twenty-seven, and annu-
15 ally thereafter, the commissioner of transportation shall submit a
16 report to the governor, the speaker of the assembly, the minority leader
17 of the assembly, the temporary president of the senate, and the minority
18 leader of the senate. Such report shall include, but not be limited to,
19 the following:
20 (i) a comparison of costs of conventional asphalt mixes to the costs
21 of the use of reclaimed asphalt mixes;
22 (ii) a comparison of the application methods of conventional paving
23 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
1 ment and processes, if necessary, to incorporate reclaimed asphalt in
2 asphalt mix to the commissioner's specifications;
3 (iii) the performance of reclaimed asphalt pavement as compared to
4 conventional materials with regard to the longevity of pavement, trac-
5 tion, road glare, icing, and such other characteristics as may be deemed
6 appropriate by the commissioner;
7 (iv) the findings of the commissioner as to the optimum and appropri-
8 ate percentage of reclaimed asphalt in paving mixtures for construction
9 or improvement of state and municipal highways or bridges in consider-
10 ation of projected performance, safety and costs;
11 (v) the quantity of reclaimed asphalt that would be used annually if
12 the percentage of reclaimed asphalt content recommended by the commis-
13 sioner were to be utilized in reclaimed asphalt pavement mixtures for
14 all contracts for the construction or improvement of state and municipal
15 highways or bridges, or sections thereof;
16 (vi) existing or potential impediments to the maximum utilization of
17 reclaimed asphalt pavement in contracts for the construction or improve-
18 ment of state and municipal highways or bridges; and
19 (vii) an analysis of the potential for the use of reclaimed asphalt
20 pavement by local governments, regional and statewide authorities
21 governing the construction or improvement of state and municipal high-
22 ways or bridges, including, but not limited to:
23 (1) the projected annual demand for reclaimed asphalt by local govern-
24 ments, regional and statewide authorities, based upon the percentage mix
25 in asphalt pavement for reclaimed asphalt recommended by the commission-
26 er; and
27 (2) known or anticipated impediments to the maximum utilization of
28 reclaimed asphalt pavement by local governments, regional and statewide
29 authorities.
30 (b) In the preparation of such report, the commissioner may consult
31 with county and other state governments, the New York state thruway
32 authority, the port authority of New York and New Jersey, the Triborough
33 bridge and tunnel authority, and such public or private agencies as the
34 commissioner deems appropriate.
35 3. The commissioner shall further examine, and make recommendations
36 regarding the following:
37 (a) actions that may be necessary to ensure the availability of an
38 adequate supply of reclaimed asphalt to meet projected demand in the
39 construction or improvement of state and municipal highways or bridges;
40 and
41 (b) an estimation of the additional expense, if any, to the state or
42 municipalities in the utilization of reclaimed asphalt pavement technol-
43 ogies.
44 § 2. This act shall take effect April 1, 2026 and shall expire and be
45 deemed repealed April 1, 2031.
