BILL ANALYSIS Ó AB 812 Page 1 Date of Hearing: May 2, 2011 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair AB 812 (Ma) - As Introduced: February 17, 2011 SUBJECT : Solid waste: recycled concrete: recycled asphalt SUMMARY : Modifies provisions related to the use of recycled materials in contracts awarded by the Department of General Services (DGS) and the California Department of Transportation (Caltrans). Specifically, this bill : 1)Modifies the prohibition against selling recycled concrete to DGS and Caltrans by eliminating the requirement that the agencies must request its use. 2)Requires Caltrans to increase the allowable amount of recycled asphalt pavement (RAP) used in its projects to 50%, as specified, unless Caltrans determines that using the material is not practical, cost effective, or appropriate on a given application. EXISTING LAW : 1)Explicitly prohibits recycled concrete from being be offered, provided, or sold to Caltrans or DGS unless its use is specifically requested and approved by the respective agency. 2)Requires Caltrans to use recycled materials unless it determines that the use of these materials is not cost effective. 3)Defines "recycled materials" to include, but not be limited to, recycled asphalt, crushed concrete sub-base, foundry slag, ash, glass, glassy aggregates, and paving materials utilizing crumb rubber from automobile tires. 4)Requires state agencies to make maximum use of recycled products. FISCAL EFFECT : Unknown COMMENTS : This bill deals with two different paving materials, AB 812 Page 2 concrete (usually a light-colored pavement) and RAP (usually a black-colored pavement). With regard to concrete, Caltrans selectively uses two types in its transportation projects: 1)Hardened recycled concrete: This type of recycled concrete is derived by crushing hardened concrete to make aggregate. Caltrans allows for a liberal use of "hardened recycled concrete" in numerous applications, for example, up to 100% in base and sub-base construction. 2)Plastic recycled concrete : This type of concrete is typically what is left in the mixing truck after a concrete pour. Caltrans does not generally allow for the use of plastic recycled concrete because engineers cannot reliably predict whether or not the material will perform according to project design specifications. Plastic recycled concrete can jeopardize a project's structure integrity, hence, the existing ban on its use for Caltrans and DGS projects. The explicit ban also protects DGS and Caltrans in that it vests the contractor or the supplier with the onus to ensure no plastic recycled concrete is being delivered to a job site. Prior to the passage of AB 574 (Wolk) Chapter 693, Statutes of 2005, it was unlawful to mix new and returned concrete in the same truck and concrete trucks were required to be completely discharged (i.e., emptied and washed out) before introducing a new batch of concrete. AB 574 was sponsored by the Southern California Rock Products Association and the Southern California Ready Mixed Concrete Association to allow the recycling of ready mixed concrete. To assuage fears that AB 574 would result in recycled concrete ending up in DGS or Caltrans projects (and jeopardize the structural integrity of the project), that bill included provisions to specifically prohibit the mixture from being sold to the departments unless it was specifically approved and requested in a particular project. This bill would replace the prohibition against providing DGS and Caltrans recycled concrete (unless specifically requested) with the authority to do so if approved. Presumably, the purpose of this bill is to increase the opportunity to sell recycled concrete to DGS and Caltrans. RAP is the term given to reprocessed materials containing AB 812 Page 3 asphalt pavement. RAP is created when asphalt pavements are ground up, crushed, screened, and recoated with a binder before being re-applied as pavement. Current Caltrans specifications allow for the use of up to 15% RAP in an asphalt surface paving mix; however, Caltrans is currently evaluating increased amounts of RAP use in surface paving projects. In fact, Caltrans indicates they have contracted with the California State Polytechnic University, Pomona, to analyze national efforts on use of RAP at percentages exceeding 15%. The study is expected to be available in June 2011. Additionally, Caltrans notes that it is currently working on two long life pavement projects to evaluate increasing RAP use in interim pavement layers to 25%. The results of this study are expected in 2012. Using information obtained from these studies, Caltrans plans to conduct a trial project using higher amounts of RAP, which may lead to the development of specifications for increased RAP use in surface paving projects. This bill would require Caltrans to allow up to 50% RAP in surface paving projects, a level at which the sponsor believes would reflect current national standards. According to the author, the intent of this bill is to encourage higher usage of recycled concrete and asphalt and promote recycling of oil and natural resource aggregates. Committee concerns: 1)This bill seeks to modify the existing ban on using recycled concrete to provide that Caltrans or DGS need not specifically request it. Thus, the bill creates a situation where a contractor may "offer" recycled concrete to DGS or Caltrans, placing the burden on the agencies to specifically reject the product. 2)This bill only specifies that a product may be "offered" but does not describe the method by which an offer must occur. As a result, it is plausible that a contractor could consider a verbal request an "offer" which could conceivably lead to confusion and the potential, inadvertent, use of materials that are not specifically required in the project specifications, the consequences of which could be project design failure, the need for costly repairs and, likely, questions of legal liability. 3)Caltrans currently allows for high levels of recycled concrete AB 812 Page 4 in all but the most design-critical aspects of project construction. For these remaining design-critical components, it is imperative that Caltrans and DGS maintain close control over the products used, to ensure that projects meet the established design and performance criteria. Given that this bill could result in situations where recycled concrete products are used without full evaluation of the potential effects on design and performance criteria, the committee feels the risks of the bill do not outweigh the potential benefits. 4)While increasing the use of RAP is certainly a laudable goal, the benefits of increasing RAP in Caltrans surface paving projects do not adequately offset the potential impacts that could result. This bill would undercut ongoing scientific investigations as to the proper and prudent use of RAP, the ongoing process of evaluating increased RAP use, and would set a precedent for circumventing the current process by which Caltrans, with input from industry, scientifically evaluates products and sets engineering standard specifications. Previous legislation : AB 484 (Nava) of 2007 would have prohibited Caltrans, and its contractors, from dumping recyclable materials in landfills. That bill was vetoed by then Governor Schwarzenegger on the grounds that the bill was duplicative. AB 735 (Wiggins) of 2007 would have require Caltrans and its contractors, to track information regarding the use of recycled and virgin materials used for sub-base, base, and lean concrete base. That bill was vetoed by then Governor Schwarzenegger based on cost implications. AB 574 (Wolk), Chapter 693, Statutes 2005, defined recycled concrete and exempted Caltrans and DGS from purchasing recycled concrete unless they are specifically requested and approved by Caltrans or DGS. SB 403 (Machado) of 2001 would have authorized the use of recycled concrete, as defined, if the end user was been fully informed that the concrete is recycled concrete. That bill was vetoed by then Governor Davis on the grounds that the bill would have circumvented the process by which standards for construction and building materials are appropriately developed and that SB 403 would pose a substantial risk to public safety. AB 812 Page 5 REGISTERED SUPPORT / OPPOSITION: Support California Construction and Industrial Material Association (Sponsor) CalPortland Construction Company BoDean Company Lehigh Hanson Heidelberg cement Group Sierra Club California Teichert Aggregates Opposition None on file. Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-2093