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