BILL ANALYSIS Ó SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 296 SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: skinner VERSION: 6/21/11 Analysis by: Mark Stivers FISCAL: yes Hearing date: June 28, 2011 SUBJECT: Cool pavements DESCRIPTION: This bill requires the Department of Transportation (Caltrans) to develop a Cool Pavements Handbook and to conduct one or more cool pavement pilot projects. ANALYSIS: The term "cool pavements" typically refers to paving materials that enhance reflectivity, enhance water absorption, or have been otherwise modified to remain cooler than conventional materials. At the present time, there is no official standard to designate cool paving materials or to evaluate which materials perform best under given circumstances. Current law requires Caltrans to adopt a balanced, multimodal research and development program that includes research and development of new transportation-related technologies. Current law also establishes the California Building Standards Commission (BSC) and the process for adopting state building standards. Under this process, relevant state agencies propose amendments to model building codes, which the BSC must then adopt, modify, or reject. Current law requires BSC to publish the California Building Code in its entirety once every three years. In January 2010, the BSC adopted the 2010 California Green Building Standards Code, known as the CALGreen Code, which mandates a number of green building features. While building standards generally concern themselves with structures themselves rather than outdoor elements, the CALGreen Code also includes a voluntary cool pavements provision to encourage the use of alternative hardscape (i.e., improved walking and driving surfaces) materials, such as light-colored or open-grid materials or shade, around non-residential structures. AB 296 (SKINNER) Page 2 This bill requires Caltrans to develop and adopt a Cool Pavements Handbook that details cool pavement protocols, standards, and best practices for paving projects, to conduct one or more cool pavement pilot projects, and to report to the Legislature. Specifically, this bill: Requires Caltrans, by January 1, 2014, to publish or make available on its website a Cool Pavements Handbook that incorporates existing specifications, testing protocols, and best practices for cool pavement use in any surface designed for vehicular or pedestrian use. Encourages Caltrans to develop the Cool Pavements Handbook in consultation with the Department of General Services, the Building Standards Commission, the Water Resources Control Board, the Energy Commission, the Air Resources Board, the State Water Quality Control Board, the Department of Forestry and Fire Protection, the Strategic Growth Council, and any other relevant state department or agencies. Specifies that the Cool Pavement Handbook identify materials or techniques that reduce the surface temperature of traditional concrete, have light color, reduce diurnal thermal stress, remove greenhouse gases, and reduce stormwater runoff. Requires Caltrans to reference the Cool Pavements Handbook in relevant sections of the Caltrans Construction Manual. Requires Caltrans to implement one or more cool pavement pilot projects with the goal of completing construction by January 1, 2015. Requires Caltrans to submit a report to the Legislature by January 1, 2018, describing the results of the cool pavement pilot projects. The report must include an analysis of the costs, environmental benefits, energy savings, and durability of cool pavements in comparison with other pavement options. Authorizes Caltrans to enter into an agreement with the United States Department of Transportation, United States Environmental Protection Agency, the United States Department of Energy, or other federal agencies to develop the handbook or evaluate the pilot project. Requires the BSC, for the next triennial code adopted after January 1, 2015, to consider incorporating the specifications in the Cool Pavements Handbook into the California Green Building Standards Code. COMMENTS: 1.Purpose of the bill . According to the author, impervious AB 296 (SKINNER) Page 3 pavements, which generally represent the largest percentage of land cover in an urbanized area, increase temperatures in urbanized areas by absorbing, storing, and later radiating heat energy from the sun. These elevated temperatures increase smog formation, which negatively affects human health, and energy consumption, which increases power plant emissions. In addition, impervious pavements increase water run-off, which contributes to water pollution. By reflecting the sun's rays or allowing for water absorption, cool pavement alternatives minimize these impacts. In addition, cool pavements can last 10 to 100 times longer than traditional pavements, thus reducing replacement costs. This bill seeks to encourage the use of cool pavements, including pervious pavements, by requiring Caltrans to publish a handbook on the subject and to study and evaluate the use of cool pavements in a pilot project. 2.Why Caltrans ? No comprehensive document compiles in one place existing knowledge on what constitutes cool pavements and how they are best deployed. While any number of organizations around the country or around the world could theoretically create such a handbook, none has. To remedy that absence, this bill assigns the task to Caltrans. According to the author, there is demand at the local level in California for "cool" public infrastructure, as evidence by the variety of "cool communities" initiatives in Sacramento, Chula Vista, San Jose, Novato, and elsewhere. Most cities, however, lack the resources and expertise to conduct a literature review of cool pavements or develop demonstration projects to quantify the economic and other public benefits. Caltrans, on the other hand, has an existing transportation-related research and development program. In addition, because most local public works departments default to Caltrans' construction manual, putting cool pavement information into the manual will encourage and facilitate local cool communities initiatives. 3.Handbook first, study second . This bill requires Caltrans to publish a handbook containing existing knowledge on cool pavements by 2014 and to report to the Legislature on the results of its pilot project by 2018. One might normally expect the handbook to come out after the pilot project in order to reflect lessons learned. The author, however, is interested in encouraging numerous parties, including local governments and private developers, to use cool pavements sooner rather than later to reduce environmental consequences AB 296 (SKINNER) Page 4 and broaden the base of experience beyond the one Caltrans pilot project for purposes of evaluation. Presumably, future editions of the Caltrans handbook will build on the experiences of Caltrans and others who utilize cool pavements. Assembly Votes: Floor: 54-21 Appr: 12-5 NR&W: 6-3 Trans: 8-5 POSITIONS: (Communicated to the Committee before noon on Wednesday, June 22, 2011) SUPPORT: American Lung Association in California Breathe California California Building Officials California Coastkeeper Alliance California Nevada Cement Association East Bay Municipal Utility District Emerald Cities Cool Pavement Natural Resources Defense Council Sacramento Municipal Utility District Sacramento Tree Foundation Sierra Club California Soil Stabilization Company Union of Concerned Scientists US Green Building Council, California Advocacy Committee 6 individuals OPPOSED: None received.