BILL NUMBER: AB 812	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2012

INTRODUCED BY   Assembly Member Ma
   (Coauthor: Assembly Member Skinner)

                        FEBRUARY 17, 2011

   An act to  amend Section 16003 of, and to add Section
42704 to,   add Sections 16005 and 42704 to  the
Public Resources Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 812, as amended, Ma. Solid waste: recycled concrete: recycled
asphalt.
   Under existing law, it is the policy of the state to conserve and
protect resources by encouraging the recycling of solid waste and the
purchase of those recycled materials, including recycled concrete
and rubberized asphalt concrete.
   Under existing law, in purchasing any materials to be used in
paving or paving subbase for use by the Department of Transportation
or any other state agency that provides road construction and repair
services, the State Procurement Officer is required to make contracts
available for those items that use recycled materials. Existing law
prohibits recycled concrete from being offered, provided, or sold to
the Department of Transportation or the Department of General
Services for any use unless specifically requested and approved by
that department.
   This bill would  delete the requirement that the
Department of Transportation or the Department of General Services
have specifically requested recycled concrete   require
the Department of Transportation and the Department of General
Services to develop performance-based standard specifications and
codes to allow the use of recycled and reclaimed concrete materials
in minor or nonstructural concrete mixtures, at the option of the
contractor. The bill also would require the Department of
Transportation and the Department of General Services to develop a
process to allow the consideration and acceptance of concrete mixes
with recycled and reclaimed materials when proposed and demonstrated
by contractors and suppliers on a project-by-project basis  .
   Existing law also requires the State Procurement Officer to make
contracts available that use crumb rubber, unless the Director of
Transportation determines that the use of the materials is not cost
effective based on specified factors.
   This bill would require the Department of Transportation to
 increase the allowable amount of recycled asphalt pavement
(RAP) to 50%   develop a standard specification that is
performance based and that allows for the use of high  
-volume reclaimed asphalt pavement (RAP) of up to 40%  for hot
mix asphalt mixes,  at the option of the contractor,  unless
the Director of Transportation determines that the use of the
material is not practical, cost effective, or appropriate for a given
application.
   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.    Section 1   6005 is added to
the   Public Resources Code   , to read:  

   16005.  (a) The Department of Transportation and the Department of
General Services shall develop performance-based standard
specifications and codes to allow the use of recycled and reclaimed
concrete materials in minor or nonstructural concrete mixtures, at
the option of the contractor.
   (b) The Department of Transportation and the Department of General
Services shall develop, in conjunction with stakeholders and
academia, a process to allow the consideration and acceptance of
concrete mixes with recycled and reclaimed materials when proposed
and demonstrated by contractors and suppliers on a project-by-project
basis.  
  SECTION 1.    Section 16003 of the Public
Resources Code is amended to read:
   16003.  Recycled concrete shall not be offered, provided, or sold
to the Department of Transportation or the Department of General
Services for any use, including, but not limited to, any project
under its affiliation, contract authority, or oversight
responsibility unless specifically approved by that department.

  SEC. 2.  Section 42704 is added to the Public Resources Code, to
read:
   42704.  The Department of Transportation shall  increase
the allowable amount of recycled asphalt pavement (RAP) to 50 percent
  develop a standard specification that is performance
based and that allows for the use of high   -volume
reclaimed asphalt pavement (RAP) of up to 40 percent  for hot
mix asphalt mixes,  at the option of the contractor,  unless
the Director of Transportation determines that the use of the
material is not practical, cost effective, or appropriate for a given
application.