S 10328 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S10328 Summary: BILL NO S10328 &nbsp SAME AS No Same As &nbsp SPONSOR SKOUFIS &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Add §24, Hway L; add Art 27 Title 34 §§27-3401 & 27-3403, En Con L &nbsp Requires the use of at least thirty percent reclaimed asphalt pavement for certain construction projects.

Go to top S10328 Text:

STATE OF NEW YORK ________________________________________________________________________

10328

IN SENATE

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:

1 Section 1. Legislative findings and intent. The Legislature finds that 2 millions of tons of asphalt are removed from and replaced on New York 3 state's highways every year. The practice of reusing some percentage of 4 reclaimed asphalt pavement to produce new asphalt, rather than discard- 5 ing it and using virgin material in its place, is an established prac- 6 tice in the state of New York and throughout the country. The benefits 7 of using reclaimed asphalt pavement are clear both from a financial as 8 well as an environmental perspective. Yet, the Legislature finds that 9 despite its established use and the clear environmental and fiscal bene- 10 fits, use of reclaimed asphalt pavement at both public and privately 11 owned facilities could increase significantly without sacrificing 12 asphalt strength or jeopardizing local supply. The thirty percent mini- 13 mum recycled content requirement set forth in this legislation is 14 intended to serve as a floor - and not as a ceiling - and to encourage 15 the use of even greater percentages of recycled asphalt pavement in the 16 future. 17 § 2. The highway law is amended by adding a new section 24 to read as 18 follows: 19 § 24. Reclaimed asphalt. 1. Definitions. For the purposes of this 20 section, the following terms shall have the following meanings: 21 (a) "Asphalt" shall mean a dark brown to black bitumen pitch that 22 melts readily and which appears in nature in asphalt beds or is produced 23 as a by-product of the petroleum industry. 24 (b) "Asphaltic concrete" or "asphalt paving" shall mean a mixture of 25 liquid asphalt and graded aggregate used as paving material. 26 (c) "I-4 mix" shall mean a type of heavy duty asphaltic concrete mix 27 containing three quarter inch nominal maximum size aggregate with 28 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. LBD13781-01-5

S. 10328 2

1 ing through a No. 8 sieve and in which all sand contained in the mix is 2 crushed. 3 (d) "Reclaimed asphalt pavement" shall mean asphalt pavement that has 4 been processed for reuse in asphaltic concrete. 5 2. Construction generally. (a) The materials used in the construction 6 of highways, including the width of the sidewalks thereon, shall fully 7 conform to department specifications for such highways as prescribed by 8 the commissioner in consultation with the commissioner of environmental 9 conservation. 10 (b) The commissioner's specifications for materials used in the 11 construction of highways shall include a requirement that asphaltic 12 concrete, other than I-4 mix or other heavy duty asphaltic concrete mix 13 approved by the commissioner, shall contain not less than thirty percent 14 reclaimed asphalt pavement, as measured by weight, and I-4 mix or other 15 approved heavy duty asphaltic concrete mix shall contain not less than 16 ten percent reclaimed asphalt pavement, as measured by weight. Such 17 specifications may require a higher percentage of reclaimed asphalt 18 pavement. The commissioner, in consultation with the commissioner of 19 environmental conservation, may waive compliance with this paragraph if 20 the commissioner, after consulting with the owners or persons in charge 21 of all asphalt plants located within the state, finds that a sufficient 22 supply of reclaimed asphalt pavement is not available and shall set such 23 specifications in accordance with such findings. 24 (c) The commissioner shall promulgate rules and regulations to encour- 25 age the greatest use of reclaimed asphalt pavement possible. 26 § 3. Article 27 of the environmental conservation law is amended by 27 adding a new title 34 to read as follows:

28 TITLE XXXIV 29 RECLAIMED ASPHALT

30 Section 27-3401. Definitions. 31 27-3403. Reclaimed asphalt. 32 § 27-3401. Definitions. 33 For the purposes of this title, the following terms shall have the 34 following meanings: 35 1. "Asphalt" shall mean a dark brown to black bitumen pitch that melts 36 readily and which appears in nature in asphalt beds or is produced as a 37 by-product of the petroleum industry. 38 2. "Asphaltic concrete" or "asphalt paving" shall mean a mixture of 39 liquid asphalt and graded aggregate used as paving material. 40 3. "I-4 mix" shall mean a type of heavy duty asphaltic concrete mix 41 containing three quarter inch nominal maximum size aggregate with 42 between twenty-five and fifty percent of the aggregate capable of pass- 43 ing through a No. 8 sieve and in which all sand contained in the mix is 44 crushed. 45 4. "Reclaimed asphalt pavement" shall mean asphalt pavement that has 46 been processed for reuse in asphaltic concrete. 47 § 27-3403. Reclaimed asphalt. 48 1. The commissioner shall, in consultation with the commissioner of 49 transportation, develop specifications for asphalt used in construction, 50 including but not limited to the construction of highways, driveways, 51 and parking lots. 52 2. The commissioner's specifications for asphalt used in construction 53 shall include a requirement that asphaltic concrete, other than I-4 mix 54 or other heavy duty asphaltic concrete mix approved by the commissioner,

S. 10328 3

1 shall contain not less than thirty percent reclaimed asphalt pavement, 2 as measured by weight, and I-4 mix or other approved heavy duty asphal- 3 tic concrete mix shall contain not less than ten percent reclaimed 4 asphalt pavement, as measured by weight. Such specifications may require 5 a higher percentage of reclaimed asphalt pavement. The commissioner, in 6 consultation with the commissioner of transportation, may waive compli- 7 ance with this title if the commissioner, after consulting with the 8 owners or persons in charge of all asphalt plants located within the 9 state, finds that a sufficient supply of reclaimed asphalt pavement is 10 not available and shall set such specifications in accordance with such 11 findings. 12 3. The commissioner shall promulgate rules and regulations to encour- 13 age the greatest use of reclaimed asphalt pavement possible. 14 § 4. This act shall take effect on the first of January next succeed- 15 ing the date on which it shall have become a law. Effective immediately, 16 the addition, amendment and/or repeal of any rule or regulation neces- 17 sary for the implementation of this act on its effective date are 18 authorized to be made and completed on or before such effective date.

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