Assembly Commerce and Economic Development Committee Statement to Assembly, No. 4797 (1R) (June 22, 2023)

Summary

An Assembly Commerce and Economic Development Committee statement to the First Reprint of Assembly, No. 4797, State of New Jersey, dated June 22, 2023, reporting the bill favorably with committee amendments. The bill would require the Department of Transportation and local contracting units to let contractors on public highway or local road projects use recycled material, including reclaimed asphalt pavement, in up to 35 percent by weight of the mixture for base and intermediate courses and up to 20 percent for surface courses. For locally funded projects on low volume roads, the maximums would be 50 percent and 35 percent, subject to contractor certifications. Contractors would have to provide a mix design showing compliance with DOT specifications.

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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 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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