SENATE, No. 3255

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED OCTOBER 31, 2022

 


 

Sponsored by:

Senator  PATRICK J. DIEGNAN, JR.

District 18 (Middlesex)

Senator  STEVEN V. OROHO

District 24 (Morris, Sussex and Warren)

 

Co-Sponsored by:

Senator A.M.Bucco

 

 

 

 

SYNOPSIS

     Increases percentage of reclaimed asphalt pavement that can be used for local road projects.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the use of reclaimed asphalt pavement for local road projects, amending P.L.2002, c.113, and supplementing Title 40A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    (New section)  a.  Notwithstanding any law, rule, or regulation to the contrary, when entering into a contract for a local road project, the local contracting unit, as defined in and subject to the provisions of the “Local Public Contracts Law,” P.L.1971, c.198 (C.40A:11-1 et seq.), shall, at a minimum, authorize the contracted party to use recycled 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. 

     b.    Nothing in this section shall be deemed to prohibit a local contracting unit from electing, in its discretion, to allow a party contracted for the purposes of a local road project to use recycled asphalt pavement, for the purposes of the project, at higher maximum percentage rates than the rates established pursuant to this section.

     c.  As used in this section, “local road project” means a transportation infrastructure project that is authorized by a county or municipality and involves the construction, repair, renovation, restoration, replacement, or extension of a highway, as defined by R.S.39:1-1, which is owned, controlled, or maintained by the county or municipality.

 

     2.    Section 1 of P.L.2002, c.113 (C.27:1B-25.2) is amended to read as follows:

     1.    Notwithstanding any law, rule, or regulation to the contrary, counties and municipalities receiving State funds for transportation projects shall permit, for public highways under their jurisdiction, the use of reclaimed asphalt pavement that constitutes a maximum of [25] 50 percent, by weight, of the total pavement mixture for base and intermediate pavement courses and a maximum of [15] 35 percent, by weight, of the total pavement mixture for surface pavement courses.

(cf:  P.L.2002, c.113, s.1)

 

     3.    This act shall take effect immediately.

STATEMENT

 

     This bill would increase the percentage of reclaimed asphalt pavement (RAP) that can be used for local road projects. 

     Current law requires counties and municipalities receiving State funds for transportation projects to permit, for public highways under their jurisdiction, the use of a maximum of 25 percent of RAP, by weight, for base and intermediate pavement courses and the use of a maximum of 15 percent of RAP, by weight, for surface pavement courses.  This bill would increase, to 50 percent, the maximum amount of RAP that can be used for base and intermediate pavement courses, and to 35 percent, the maximum amount of RAP that can be used in surface pavement courses, for these purposes.  The bill would also supplement the “Local Public Contracts Law” to similarly require local contracting units, at a minimum, when entering into a contract for a local road project, to allow the contracted party to use of up to 50 percent RAP, by weight, for base and intermediate pavement courses, and up to 35 percent RAP, by weight, for surface pavement courses.  However, nothing would prohibit a local contracting unit, in its discretion, from entering a contract that authorizes RAP to be used at higher percentage rates, for a local road project, than the maximum rates required under the bill.  The bill defines a “local road project” to mean a transportation infrastructure project that is authorized by a county or municipality and involves the construction, repair, renovation, restoration, replacement, or extension of a highway, as defined by R.S.39:1-1, which is owned, controlled, or maintained by the county or municipality.