BILL NUMBER: AB 296 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Skinner
( Coauthors: Assembly Members
Fletcher and Gordon )
FEBRUARY 9, 2011
An act to add Chapter 5 (commencing with Section 14457) to Part 5
of Division 3 of Title 2 of the Government Code, and to add Section
17929 18941.9 to the Health and Safety
Code, relating to building standards.
LEGISLATIVE COUNSEL'S DIGEST
AB 296, as amended, Skinner. Building standards: cool pavement.
(1) Existing law requires the Department of Transportation to
adopt a balanced, multimodal research and development program,
including the research and development of new technologies.
This bill would establish the Cool Pavements Research and
Implementation Act and would require the department, in consultation
with specified state agencies, to implement the act. The bill would
require the department to adopt a strategy, through a public
process, to implement the act and publish or make
available on the department's Internet Web site , by January 1,
2015 2014 , to adopt by
regulation a Cool Pavements Handbook to detail
specifications, testing protocols, standards,
and best practices for cool pavements .
The bill would require the department to implement one or more
cool pavement pilot projects, with the goal of completion of the
pilot projects no later than January 1, 2018, and to submit a report
to the Legislature with an analysis of the various costs of pavement
surfaces and the results of the cool pavement pilot projects.
(2) The California Building Standards Law requires any building
standard adopted or proposed by a state agency to be submitted to,
and approved or adopted by, the California Building Standards
Commission prior to codification.
The State Housing Law requires the Department of Housing and
Community Development to submit to the commission proposed building
standards for hotels, motels, lodging houses, apartment houses, and
dwellings.
This bill would require the department
commission , in the next triennial adoption process of the
California Green Building Code that begins on or after January 1,
2012 2015 , to propose
building standards that authorize the use of cool pavements in the
construction of any exterior paved surface in, or related to the
construction of, a structure such as a patio, sidewalk, or driveway,
or all or a portion of a dwelling unit, hotel, motel, or lodging
house consider incorporating those specifications
proposed in the Cool Pavements Handbook as additional strategies for
Heat Island Effect: Hardscape Alternatives in the California Green
Building Code .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The intent of this act is to create a comprehensive "cool
pavements" program to address heat island effect (HIE), a phenomenon
characterized by the temperature differential between developed and
rural areas.
(a) The heat island effect (HIE) is a phenomenon characterized by
the temperature differential between developed and rural areas.
(b) The cause of the HIE is land modification in urban and
suburban areas, principally with impervious hardscape materials that
retain absorb more heat energy from the
sun than do soil or vegetative surfaces. When this trapped
heat reradiates to the surroundings, As a result,
surrounding surface and air temperatures become artificially
elevated.
(c) Impervious hardscape cover is also a major
contributor to stormwater runoff, leading to pollution and
elevated water temperatures, which can pose problems for some aquatic
life. runoff, contributing to water pollution and
elevating water temperatures.
(d) This act aims to mitigate the HIE from paved hardscape
surfaces, which may be done by switching to so-called cool pavements.
The use of cool pavements reduces the localized HIE, providing some
or all of the following benefits:
(1) Reduced ambient temperatures.
(2) Reduced formation of ground-level ozone or smog.
(3) Reduced stormwater runoff.
(4) Reduced wear from diurnal thermal stress.
(5) Indirectly reduced demand for electricity, and hence reduced
emissions.
(d) The intent of this act is to have the Department of
Transportation (Caltrans) publish statewide specifications and best
practices for using "cool pavements" that reduce the HIE from
sidewalks, roads, plazas, highways, parking lots, schoolyards, or any
surface designed for vehicular or pedestrian use.
(e) The publication is meant to increase awareness of paving
options that mitigate, rather than contribute to, the HIE and other
impacts of impervious hardscape surfaces. Hardscape alternatives,
also known as "cool pavements," such as those with high solar
reflectivity, provide one or more of the following benefits:
(1) Reduced outdoor surface and air temperatures.
(2) Reduced formation of ground-level ozone or smog.
(3) Reduced wear from diurnal thermal stress.
(4) Indirectly reduced demand for electricity, and thereby reduced
emissions.
(5) Reduced stormwater runoff.
(e)
(f) Examples of cool pavements include, but are not
limited to, high albedo pavements and coatings, vegetative surfaces,
porous or pervious pavements that allow water infiltration, and
shaded pavements.
(f) The program
(g) The specifications, testing
protocols, and best practices established by this act should
complement the voluntary nonresidential voluntary
provision in the California Green Building Standards Code
on HIE-reducing pavements Heat-Island-Effect:
Hardscape Alternatives (Section A5.106.11.1 of Appendix 5 of
Part 11 (commencing with Section 101.1) of Title 24 of the California
Code of Regulations), while expanding the allowable ways to meet the
goals of that provision.
(g)
(h) This act provides for the development of a Cool
Pavements Handbook by the Department of Transportation (Caltrans), in
consultation with other relevant state agencies and
departments, to establish metrics, tests, benchmarks, and best
practices for alternatives that mitigate the HIE of all traditional
hardscape surfaces. departments. The handbook is
intended to be limited to a collection of existing specifications,
testing protocols, and best practices for hardscape alternatives that
reduce the effect specified in subdivision (b), relative to
traditional hardscape surfaces.
(i) This act further provides for one or more cool pavement pilot
projects to be developed and studied to evaluate the economic,
environmental, and public health benefits of cool pavements.
SEC. 2. Chapter 5 (commencing with Section 14457) is added to Part
5 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER 5. COOL PAVEMENTS RESEARCH AND IMPLEMENTATION ACT
14457. For purposes of this chapter, the following definitions
shall apply:
(a) "Cool pavement project" means a project that uses a
qualified cool pavement for the purposes of
mitigating to reduce the heat island effect
, and that meets the performance and use standards for
HIE-mitigation specified in the Cool Pavements Handbook adopted
pursuant to Section 14460. by meeting the criteria
specified in the Cool Pavements Handbook published pursuant to
Section 14459.
(b) "Heat island effect" or "HIE" means the temperature
differential between developed and rural areas caused by impervious
hardscape materials.
14458. (a) The department shall implement this chapter in
consultation with the Department of General Services, the California
Building Standards Commission, the State Water Resources Control
Board, the State Energy Resources Conservation and Development
Commission, the State Air Resources Board, the State Water Quality
Control Board, and any other relevant state department or agency.
(b) The department may enter into an agreement with the United
States Department of Transportation , the United States
Environmental Protection Agency, the United States Department of
Energy, or other federal agencies, to coordinate implementation
of Sections 14460 and 14461, including exploring the goals
and various costs of paving materials and techniques.
of Sections 14459 and 14460, including studying the environmental
benefits, energy savings, life cycle, and durability of various
pavement options.
(c) This chapter shall be known, and may be cited, as the Cool
Pavements Research and Implementation Act.
14459. The department shall adopt a strategy, through a public
process, to implement this chapter. This strategy shall identify the
HIE-mitigating options for traditionally hardscape surfaces,
including, but not limited to, sidewalks, roads, plazas, highways,
parking lots, schoolyards, and any surface designed for vehicular or
pedestrian use.
14460. (a) On or before January 1, 2015, the department shall
adopt, by regulation, a Cool Pavements Handbook, that details the
testing protocols, standards, and best practices for cool pavement
projects. The department shall consult and incorporate existing
specifications, testing protocols, and best management practices in
developing this handbook, when possible. The department shall
assemble a team of stakeholders for determining specific tests and
benchmarks to be used as qualifying metrics for cool pavement
materials and surfaces.
14459. (a) On or before January 1, 2014, the
department shall, with input from other relevant agencies listed in
subdivision (a) of Section 14458, publish or make available on its
Internet Web site a Cool Pavements Handbook that incorporates
existing specifications, testing protocols, and best practices, as
appropriate, for cool pavement use.
(b) The Cool Pavements Handbook shall require
identify a cool pavement project to do
paving material or technique that does one or more of the
following to mitigate the HIE :
(1) Reduce pavement from diurnal thermal stress.
(2) Increase the albedo of the pavement to 0.5 or higher.
(3) Reduce surface or air temperatures relative to traditional
asphalt concrete.
(1) Reduces surface temperature relative to traditional, unshaded
asphalt concrete.
(2) Has a light color or high albedo.
(3) Reduces diurnal thermal stress.
(4) Remove Removes greenhouse gases
through photocatalytic processes.
(5) Abate Reduces stormwater runoff
via increased water infiltration to the underlying surface,
including, but not limited to, using porous pavements ,
open grid, and vegetative surfaces. open-grid
systems, vegetative surfaces, or bioswales.
(c) The department may include, in the Cool Pavements Handbook,
any other material or technique found by the departments to
mitigate the HIE reduce the HIE, ozone formation, or
stormwater runoff .
(d) The Cool Pavements Handbook shall include specifications and
best practices, where available, for sidewalks, roads, plazas,
highways, parking lots, schoolyards, or any surface designed for
vehicular or pedestrian use.
(d)
(e) The Cool Pavements Handbook shall be referenced in
the relevant sections of the department's Construction Manual and be
made available to the public.
14461. (a) The department shall implement one or more cool
pavement pilot projects, with the goal of completion of the pilot
projects no later than January 1, 2018.
(b) On or before January 1, 2018, the department shall submit a
report, in compliance with Section 9795, to the Legislature with an
analysis of the various costs of pavement surfaces and the results of
the cool pavement pilot projects. The report shall focus on the life
cycle and durability of various pavement options.
14460. (a) The department shall implement one or
more cool pavement pilot projects, with the goal of completing
construction by January 1, 2015, and completing an analysis of the
pilot projects no later than January 1, 2018.
(b) On or before January 1, 2018, the department shall submit a
report to the Legislature in accordance with Section 9795. The report
shall include an analysis of the costs of using various pavement
surfaces and the results of the cool pavement pilot projects. The
report shall also include the environmental benefits, energy savings,
life cycle, and durability of various pavement options.
(c) The requirement for submitting a report imposed under
subdivision (b) is inoperative on January 1, 2022, pursuant to
Section 10231.5 of the Government Code.
SEC. 3. Section 17929 is added to the Health
and Safety Code, to read:
17929. (a) For the purposes of this section, a "cool pavement"
means an engineered pavement that meets the qualifications and use
standards set out in the Cool Pavements Handbook, adopted pursuant to
Chapter 5 (commencing with Section 14457) of Part 5 of Division 3 of
Title 2 of the Government Code.
(b) In the next triennial adoption process of the California
Building Code (Title 24 of the California Code of Regulations) that
begins on or after January 1, 2012, the department shall propose
building standards that authorize the use of cool pavements in the
construction of any exterior paved surface in, or related to the
construction of, a structure such as a patio, sidewalk, or driveway,
or all or a portion of a dwelling unit, hotel, motel, or lodging
house.
SEC. 3. Section 18941.9 is added to the
Health and Safety Code , to read:
18941.9. The commission shall, in the next triennial adoption
process for the code adopted after January 1, 2015, consider
incorporating those specifications proposed pursuant to Section 14459
of the Government Code as additional strategies for Heat Island
Effect: Hardscape Alternatives in the California Green Building
Standards Code (Section A5.106.11.1 of Appendix 5 of Part 11
(commencing with Section 101.1) of Title 24 of the California Code of
Regulations).