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,
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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
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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
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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.
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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