New York S 10328: Requires the use of reclaimed asphalt pavement

Bill Text

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S10328 Summary:

BILL NOS10328 

&nbsp

SAME ASNo Same As

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SPONSORSKOUFIS

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COSPNSR

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MLTSPNSR

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Add §24, Hway L; add Art 27 Title 34 §§27-3401 & 27-3403, En Con L

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Requires the use of at least thirty percent reclaimed asphalt pavement for certain construction projects.

Go to top S10328 Actions:

BILL NOS10328 

&nbsp

05/14/2026REFERRED TO TRANSPORTATION

Go to topS10328 Committee&nbspVotes:

Go to topS10328 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10328 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 compli