BILL NUMBER: S8919
SPONSOR: OBERACKER
 
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:
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.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
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.