BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 812
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          Date of Hearing:   January 9, 2012

                        ASSEMBLY COMMITTEE ON TRANSPORTATION
                               Bonnie Lowenthal, Chair
                      AB 812 (Ma) - As Amended:  January 4, 2012

           SUBJECT  :  Solid waste: recycled concrete: recycled asphalt

           SUMMARY  :  Requires the Department of General Services (DGS) and 
          the California Department of Transportation (Caltrans) to 
          develop performance-based standard specifications  and codes for 
          the use of recycled concrete and requires Caltrans to develop 
          performance-based specification for the use of up to 40% 
          reclaimed asphalt pavement (RAP) .  Specifically,  this bill  :  

          1)Requires Caltrans and DGS to develop standard specifications 
            and codes that would allow recycled and reclaimed concrete to 
            be used in nonstructural elements, over and above those 
            already specified in the contract, as an option of the 
            contractor.  

          2)Requires Caltrans and DGS to develop a process that would 
            allow for the consideration and acceptance of reclaimed 
            materials in concrete mixes when such use is proposed and 
            demonstrated by contractors and suppliers on a 
            project-by-project basis.  

          3)Requires Caltrans to develop a performance-based specification 
            that would allow a contractor to use of up to 40% RAP in 
            paving mixes at the contractor's discretion, 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 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 








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            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  :  According to the author, the intent of this bill is 
          to encourage increased use of recycled materials, thereby 
          increasing conservation of natural resources.  

          This bill deals with two different paving materials: concrete 
          (usually a light-colored pavement) and RAP (usually a 
          black-colored pavement).  

          With regard to concrete, Caltrans selectively uses two types of 
          recycled concrete 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 liberal use of "hardened recycled 
            concrete" in numerous non-structural applications, for 
            example, up to 100% of hardened recycled concrete is allowed 
            for use in base and sub-base highway 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 structural integrity, hence, the 
            existing ban on its use for Caltrans and DGS projects.  The 
            explicit ban protects DGS and Caltrans in that it vests the 
            contractor or the supplier with the onus of ensuring that no 
            plastic recycled concrete is being delivered to a job site.  
            The alternative to this approach would require Caltrans or DGS 
            to monitor the mixing and transport of each batch of concrete 
            to ensure that old, plastic concrete is not being used on 
            projects.  

          With regard to recycled and reclaimed concrete, this bill would 
          require Caltrans and DGS to: 








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          1)Develop specifications and codes that would allow a 
            contractor, at the contractor's discretion, to use recycled 
            and reclaimed concrete materials in nonstructural 
            applications; and,

          2)Develop a process that would allow Caltrans and DGS to 
            consider and accept the use of recycled and reclaimed 
            concrete, over and above quantities already specified in the 
            contract, as proposed and demonstrated by a contractor and 
            supplier on a project-by-project basis.  

          Caltrans and DGS currently allow for the use of recycled and 
          reclaimed concrete in a wide variety of non-structural 
          applications.  According to Caltrans, contractors are already 
          authorized to use up to 100% recycled and reclaimed concrete in 
          all non-structural applications such as highway base and 
          sub-base as well as in minor structures such as curbs, gutters, 
          sidewalks, barrier rails conduits, etc.  

          In accordance with existing law, recycled and reclaimed concrete 
          materials are disallowed for use in structural elements because 
          engineers cannot be certain if the recycled material will 
          perform as designed.  

          RAP (the term given to reprocessed materials containing asphalt 
          pavement) is created when asphalt pavements are 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.  

          Caltrans has been working toward the development of a 
          specification allowing increased use of RAP in surface paving 
          projects.  The author and sponsors, however, contend that 
          Caltrans has taken too long to finalize and release the 
          specification and assert that this bill was introduced, in part, 
          to prompt Caltrans to complete the specification and to move 
          toward the development of a specification allowing up to 40% RAP 
          use in surface paving projects.  

          In discussions on this bill last year, Caltrans agreed that 
          development of a specification allowing up to 25% RAP was 
          overdue and committed to the author to "fast track" completion 
          of the specification following the release of a study by the 
          California State Polytechnic University, Pomona in June 2011.   








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          Caltrans released the draft specification on October 27, 2011, 
          and it is now in use.  Caltrans will be further testing the 
          specification in the coming year in anticipation of increasing 
          the allowable percentage of RAP in surface paving projects up to 
          40%, where applicable.  

           Committee concerns:   

          1)While increasing the use of recycled concrete is a laudable 
            goal, allowing a contractor to alter concrete mix designs for 
            structural elements could pose a public safety risk.  Concrete 
            mix designs for structural elements are carefully engineered 
            so that the structure will perform under specific conditions.  
            For example, a bridge in a marine environment is designed to 
            withstand saltwater intrusion while a bridge designed in a 
            mountain environment may be designed to withstand freeze/thaw 
            conditions.  To achieve performance criteria for specific 
            projects, engineers develop specifically-formulated concrete 
            mixes using precise quantities of specific aggregates, often 
            obtained from specific quarries.  These mixes are then tested 
            to determine whether or not they will meet the specified 
            performance criteria.  

            This bill would require Caltrans and DGS to consider, and 
            possibly accept, concrete mix designs different from those 
            specified in the contract.  When mix design changes are 
            proposed, Caltrans and DGS would need to redirect the work of 
            design and testing engineers so that they can evaluate the 
            newly-proposed mix designs and ensure that it meets the 
            specified performance criteria.  Redirecting the engineers' 
            work would be costly and could result in project delivery 
            delays.  

            Given that recycled and reclaimed concrete is derived from a 
            wide variety of sources, engineers would not be able to 
            accurately judge the performance of a proposed mix design 
            since the source of the recycled and reclaimed concrete used 
            on the project could be substantially different from that 
            which was tested.  The ramifications of projects not 
            performing as designed could range from needing to perform 
            costly repairs or reconstruction prematurely to the 
            possibility of project failure or collapse which severely 
            impact goods movement and public safety.  

          2)Increasing the use of RAP is also a laudable goal.  Caltrans 








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            is currently working with industry to determine if more RAP 
            can be used in surface paving projects.  In fact, Caltrans 
            will be testing circumstances where up to 40% RAP use can be 
            achieved.  By legislatively mandating 40% RAP use in surface 
            paving projects, this bill would undercut scientific 
            investigations as to what level of RAP use is reasonable and 
            prudent in specific circumstances and set a precedent for 
            using legislation to circumvent the current process of 
            scientific evaluations for the setting of engineering 
            standards.  

           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 required 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 2007, 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. 
           

           Author amendments  :  The author intends to take amendments in 
          committee that would delete the entire contents of the bill and 
          replace it with the following provision:

                    42704. The Department of 
                    Transportation, through the input of 
                    the Caltrans Industry Rock Products 
                    Committee, is encouraged to establish 
                    specifications for use of reclaimed 








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                    asphalt pavement (RAP) of up to 40 
                    percent for hot mix asphalt mixes by 
                    2014. Not later than March 2016, the 
                    department shall report to the 
                    Legislature on its progress toward 
                    development and implementation of high 
                    RAP specifications since 2011.  
           
          The proposed amendments alleviate committee concerns regarding 
          removing the ban on use of recycled and reclaimed concrete in 
          structural elements and provides a foundation for collaboration 
          between Caltrans and industry toward increasing RAP use in 
          surface paving projects, where appropriate.  

          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