BILL ANALYSIS Ó THIRD READING Bill No: AB 296 Author: Skinner (D) Amended: 8/22/12 in Senate Vote: 21 SENATE TRANSPORTATION & HOUSING COMMITTEE : 6-3, 6/28/11 AYES: DeSaulnier, Kehoe, Lowenthal, Pavley, Rubio, Simitian NOES: Gaines, Harman, Huff SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/16/12 AYES: Kehoe, Alquist, Lieu, Price, Steinberg NOES: Walters, Dutton SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-1, 8/27/12 AYES: Simitian, Hancock, Kehoe, Lowenthal, Pavley NOES: Blakeslee NO VOTE RECORDED: Strickland ASSEMBLY FLOOR : 54-21, 6/1/11 - See last page for vote SUBJECT : Cool pavement SOURCE : Author DIGEST : This bill states the intent of the Legislature that the California Environmental Protection Agency (Cal-EPA) develop a standard definition of the term urban heat island effect, and upon completion of a definition the Department of Transportation (Caltrans) develop a standard specification for sustainable or cool pavements that can be used to reduce the urban heat island effect index (UHIEI). This bill requires the California Building Standards Commission (CBSC), in the next triennial adoption process for the code adopted after the development of a standard specification by Caltrans, consider incorporating that specification as an additional strategy for Heat Island Effect: Hardscape Alternatives in the California Green CONTINUED AB 296 Page 2 Building Standards Code. Senate Floor Amendments of 8/22/12 (1) strike a requirement for Caltrans to develop cool pavement standards by January 1, 2015; (2) require the CBSC to consider incorporating specifications in the Cool Pavements Handbook after development of a standard specification by Caltrans; (3) contain legislative intent relating to development of heat reduction strategies and a definition for an UHIEI by the Cal-EPA; and (4) require Caltrans, upon completion of a definition of an UHIEI by Cal-EPA, to develop a standard specification for sustainable or cool pavements that can be used to reduce the UHIEI. 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. Existing law requires the Caltrans to adopt a balanced, multimodal research and development program that includes research and development of new transportation-related technologies. Existing law also establishes the CBSC and the process for adopting state building standards. Under this process, relevant state agencies propose amendments to model building codes, which the CBSC must then adopt, modify, or reject. Existing law requires CBSC to publish the California Building Code in its entirety once every three years. In January 2010, the CBSC 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. CONTINUED AB 296 Page 3 This bill: 1. States the intent of the Legislature that the Cal-EPA develop a standard definition of the term "urban heat island effect." 2. States the intent of the Legislature and that all of the following occur: A. Cal-EPA shall work with its partners on the Climate Action Team to develop heat reduction strategies that include urban forestry, cool roofs, and sustainable or cool pavements. B. Cal-EPA shall develop a definition for the urban heat island effect. The definition shall include the extent and severity of an UHIEI for California cities such that the cities can have a quantifiable goal for heat reduction. C. In support of this effort, Caltrans shall work with Cal-EPA and other stakeholders on sustainable or cool pavement technologies and research. 3. Requires, upon completion of a definition for an UHIEI, Caltrans develop a standard specification for sustainable or cool pavements that can be used to reduce the UHIEI. 4. Requires the CBSC, in the next triennial adoption process for the code adopted after the development of a standard specification by the Caltrans, consider incorporating that specification as an additional strategy for Heat Island Effect: Hardscape Alternatives in the California Green Building Standards Code. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/20/12) American Lung Association in California Breathe California California Building Officials CONTINUED AB 296 Page 4 California Coastkeeper Alliance California Municipal Utilities Association California Nevada Cement Association CalPortland Company Contra Costa County 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 U.S. Green Building Council, California Advocacy Committee OPPOSITION : (Verified 8/20/12) California Asphalt Pavement Association (previous version) ARGUMENTS IN SUPPORT : According to the author's office, impervious 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. ASSEMBLY FLOOR : 54-21, 6/1/11 AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, CONTINUED AB 296 Page 5 Chesbro, Cook, Davis, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Gatto, Gordon, Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Knight, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, Nestande, Pan, Perea, Portantino, Skinner, Solorio, Swanson, Torres, Wieckowski, Williams, Yamada, John A. Pérez NOES: Achadjian, Bill Berryhill, Conway, Donnelly, Beth Gaines, Grove, Hagman, Halderman, Harkey, Jones, Logue, Mansoor, Miller, Morrell, Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner NO VOTE RECORDED: Galgiani, Garrick, Gorell, Jeffries, V. Manuel Pérez JJA:d 8/29/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED