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Infrastructure

Posted on: September 15, 2023

Reclaimed Asphalt Pavement & Recycled Materials Bill Signed

Acting Governor Tahesha Way signed into law A-4797/S-3255, which concerns the percentage of reclaimed asphalt pavement and recycled materials that can be used for certain road projects. P.L. 2023, c.160 takes effect in March 2024.  

The new law requires the Department of Transportation (DOT) and local contracting units to authorize the use of recycled materials when entering into a contract for public highways or local road projects. Recycled materials must make up of 35% total pavement mixture for base and intermediate pavement course and 20% total pavement mixture for surface pavement course. Prior to the installation of the asphalt mixture, the contractor must provide a mixed design for DOT approval. The mix design must consist exclusively of materials, reclaimed asphalt pavement, mixtures, binders, and aggregates that meet or exceed the mix design specifications provided by DOT.  

For a low volume road that does not receive state funds, the contracted party must use reclaimed asphalt pavement constituting of 50% total pavement mixture for base and intermediate pavement course and 35% total pavement mixture for surface pavement course. However, prior to the award of such a contract, the contractor must certify that the mixture consists of only materials, mixtures, binders, and aggregates approved by DOT. Also, the contractor must maintain records of all stockpiles used in the local road project, including, but limited to, any test results, DOT approval letters, requests for approvals along with data submitted, and drawings of stockpiles locations at the plant site. The contractor will maintain records of any performance testing performed on local road projects, copies of which must be provided to the local contracting unit upon request. The new law defines “low volume road” as a road, street or thoroughfare open to travel by the public that has an equivalent single-axle load level of 300,000 or less over 20 years.

Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.

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