BILL NUMBER: AB 296	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2011
	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  
Blumenfield,   Fletcher,  and Gordon)
    (   Coauthor:   Senator   Hancock
  ) 

                        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
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  
encourage  the department  , in consultation 
 to consult and coordinate  with specified state agencies,
to implement the act. The bill would require the department to
publish or make available on the department's Internet Web site, by
January 1, 2014, a Cool Pavements Handbook to detail specifications,
testing protocols, 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.
   This bill would require the commission, in the next triennial
adoption process of the California Green Building Code that begins on
or after January 1, 2015, to consider incorporating those
specifications proposed in the Cool Pavements Handbook as additional
strategies for Heat Island Effect: Hardscape Alternatives in the
California Green Building  Standards  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 heat island effect (HIE) is a phenomenon characterized by
 the   a  temperature differential between
developed and rural  areas   lands  .
   (b) The cause of the HIE is land modification in urban and
suburban areas, principally with impervious hardscape materials that
absorb more heat energy from the sun than do soil or vegetative
surfaces. As a result, surrounding surface and air temperatures
become artificially elevated  contributing to air quality decline
and other public health and environmental issues in urban areas
 .
   (c) Impervious hardscape cover is also a major contributor to
stormwater runoff, contributing to water pollution and elevating
water temperatures.
   (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.
   (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   pavements shaded by trees and other sources
of shade  .
   (g) The specifications, testing protocols, and best practices
established by this act should complement the voluntary
nonresidential provision in the California Green Building Standards
Code on 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.
   (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. 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 cool
pavement to reduce the heat island effect 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 
    14458.    (a)     In implementing
this chapter, the department is encouraged to consult and coordinate
 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,  the Department   of Forestry and Fire
Protection, the Strategic Growth Counsel,  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 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.  (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 identify  a cool
pavement paving material or technique that does   cool
pavement paving materials or techniques that do  one or more of
the following:
   (1)  Reduces   Reduce  surface
temperature relative to traditional, unshaded asphalt concrete.
   (2)  Has   Have  a light color or high
albedo.
   (3)  Reduces   Reduce   
diurnal thermal stress.
   (4)  Removes   Remove  greenhouse gases
through photocatalytic  or photosynthetic  processes.
   (5)  Reduces   Reduce  stormwater runoff
via increased water infiltration to the underlying surface,
including, but not limited to, using porous pavements, 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 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.
   (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.
   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  upfront and life-cycle 
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 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).
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