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 
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          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.  


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          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

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          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, 

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            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

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