Assembly Commerce and Economic Development Committee Statement to Assembly, No. 4797 (June 22, 2023)

Summary

The Assembly Commerce and Economic Development Committee, in a statement dated June 22, 2023, reports favorably and with committee amendments Assembly Bill No. 4797 (1R). The bill, as amended, would regulate the amount of recycled materials, including reclaimed asphalt pavement (RAP), that may be used in certain road projects. It would require the Department of Transportation (DOT) and local contracting units to authorize a contractor to use recycled material in up to 35 percent, by weight, of the total pavement mixture for base and intermediate pavement courses, and up to 20 percent for surface pavement courses.

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ASSEMBLY COMMERCE AND ECONOMIC DEVELOPMENT
                COMMITTEE

                          STATEMENT TO

                              [First Reprint]
                     ASSEMBLY, No. 4797
                         with committee amendments



       STATE OF NEW JERSEY
                             DATED: JUNE 22, 2023

          The Assembly Commerce and Economic Development Committee
      reports favorably and with committee amendments Assembly Bill No.
      4797 (1R).
          This bill, as amended, would regulate the amount of recycled
      materials, including reclaimed asphalt pavement (RAP), that may be
      used in certain road projects.
          Specifically, the bill would require the Department of
      Transportation (DOT) and local contracting units, when entering into a
      contract for a public highway project or local road project, to authorize
      the contractor to use recycled material in: up to 35 percent, by weight,
      of the total pavement mixture, for base and intermediate pavement
      courses; and up to 20 percent, by weight, of the total pavement
      mixture, for surface pavement courses. The bill would also establish
      certain requirements for the use of recycled materials in the project,
      including that the asphalt mix design be sent to the DOT for approval.
          The bill would, however, allow a local unit, when entering into a
      contract to install a local road project, which project does not receive
      State funding, to authorize the use of reclaimed asphalt pavement for
      the project at a higher maximum percentage rate than required under
      the bill. Additionally, the bill would require a prospective contractor
      for a public highway or local road project to provide a “mix design” to
      DOT or the relevant local contracting unit, as appropriate, showing
      that the asphalt mixtures proposed for use in the project comply with
      DOT mix design specifications.
          Notwithstanding the forgoing provisions, the bill would require a
      local unit, when entering into a contract to undertake a local road
      project on a low volume road, which project does not receive State
      funds, to allow the contractor to use reclaimed asphalt pavement
      constituting a maximum of 50 percent, by weight, of the total
      pavement mixture for base and intermediate pavement courses, and a
      maximum of 35 percent, by weight, of the total pavement mixture for
      surface pavement courses, provided that prospective contractor
                                   2

certifies to the local contracting unit, prior to the award of the contract,
that:
    the asphalt mixtures and aggregates to be used in the project have
been approved under DOT specifications;
    the contractor will keep specified records of stockpiles of
reclaimed asphalt pavement used in the project, including test results
and approval letters; and
    the contractor will maintain records of performance testing
undertaken on the local road project, and provide copies of test results
to the local contracting unit, upon request.

COMMITTEE AMENDMENTS:
    The committee amendments to the bill:
    (1) expand certain bill provisions so they apply to DOT public
highway projects in addition to local units’ road projects;
    (2) define the term "public highway";
    (3) modify the percentages of recycled materials and RAP that a
contractor may use in a public highway or local road project;
    (4) establish certain conditions on the use of recycled material;
    (5) authorize local units to allow a contractor of a local road
project which does not receive State funds to use a higher percentage
of RAP in the project than is otherwise authorized;
    (6) delete a provision that would have modified the amount of
RAP a local unit may allow a contractor to use in a project;
    (7) add a new section 2 to the bill to allow a local unit to authorize
a contractor to use RAP equal to a specified percentage of the total
pavement mixture;
    (8) clarify that the bill should not be construed as prohibiting a
contractor from installing asphalt mixtures that DOT has approved in
compliance with its specification for high reclaimed asphalt pavement
mixtures; and
    (9) make other technical and clarifying changes.


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