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Senate moves to allow broader use of recycled asphalt after technical debate; amendment sets 25% floor, permits up to 60%
Summary
After technical questioning of design standards and testing, the Senate passed a substitute for SB53 on recycled asphalt, replacing mandatory language with an amendment that sets 25% as a baseline and permits up to 60% where specifications are met; DOT witnesses said specifications and stronger testing will be required.
The Senate passed a substitute to Senate Bill 53 on recycled asphalt in highway construction after extended technical testimony from Department of Transportation engineers and an amendment to soften mandatory language.
Senator McMullen introduced SB53 and called DOT engineers Sheldon McConkie and Wade Benson to answer technical questions about allowable recycled-asphalt content and quality control. McConkie said current general specifications typically allow up to 15% recycled asphalt without special design, while carefully designed special projects can average 40–60% recycled material. He warned the ingredients must be carefully controlled and that higher recycled content requires strengthened specifications, increased testing, and potentially supplier guarantees.
Senators raised concerns about material variability in stockpiles, the need for rewritten specifications, potential costs, and the effect on rural counties that currently rely on free stockpiles of reclaimed asphalt. The DOT representative confirmed the fiscal note in the bill included about $33,000 for new equipment needed initially and said the department had not budgeted separately to rewrite specifications.
Floor sponsors and industry representatives agreed to an amendment changing mandatory 'shall allow up to 60%' language: the chamber inserted '25% but may allow up to 60% depending on specifications' to give engineers and suppliers clear mid-range guidance while preserving engineering judgment for higher percentages. The amendment passed and the substitute bill passed the Senate on recorded vote (record in transcript shows 19 ayes, 7 nays, 3 absent) and was sent to the House without further action.
Key technical details: DOT witnesses said successful high‑recycle projects require design-specific mix specifications, additional testing and acceptance procedures, and possible supplier guarantees or bonds. They cited one long-running project using up to 60% recycled mix in a colder location that performed adequately when designed and controlled.
Next steps: With the floor amendment, the DOT will need to adopt stricter specifications, incorporate additional testing and acceptance criteria, and implement procurement language to reflect the permitted recycled-asphalt ranges.
