BILL ANALYSIS Ó
AB 812
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 812
AUTHOR: Ma
AMENDED: January 12, 2012
FISCAL: Yes HEARING DATE: July 2, 2012
URGENCY: No CONSULTANT: Peter Cowan
SUBJECT : RECYCLED ASPHALT PAVEMENT
SUMMARY :
Existing law :
1) Requires the Department of Transportation (Caltrans) to use
recycled materials unless it determines that the use of
these materials is not cost effective. (Public Resources
Code §§42700 and 42701).
2) Defines "recycled materials" to include, but not be limited
to, recycled asphalt pavement (RAP), crushed concrete
subbase, and paving materials utilizing crumb rubber from
automobile tires. (§§42700 and 42701).
This bill :
1) Authorizes Caltrans to establish specifications where RAP
may constitute up to 40 percent of hot asphalt mixes on or
before January 1, 2014.
2) Requires Caltrans to report to the Legislature on or before
March 1, 2016, regarding the progress since 2011 toward
developing and implementing the specifications.
COMMENTS :
1) Purpose of Bill . According to the author, "AB 812
conserves petroleum and aggregate resources, lowering
carbon emissions, energy use, and fuel consumption by
reducing dependence on high carbon footprint foreign
materials, and helping to achieve current AB 32 goals."
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2) Reclaimed asphalt pavement (RAP) . RAP is created by
crushing asphalt pavement and recoating it with binder
before reusing it as pavement. The current, 2010, Caltrans
specifications issued, 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 California State Polytechnic University, Pomona in
June 2011. 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.
3) Outstanding issues : An amendment is necessary to clarify
that the authority of Caltrans to establish specifications
exceeding 40% RAP is not limited (on page 3, line 9, strike
out "up to" and insert "at least").
4) Related legislation : AB 484 (Nava) of 2007, which was
vetoed, would have prohibited Caltrans and its contractors
from dumping recyclable materials in landfills. AB 735
(Wiggins) of 2007, which was vetoed, would have required
Caltrans and its contractors to track information regarding
the use of recycled and virgin materials used for subbase,
base, and lean concrete base. AB 574 (Wolk), Chapter 693,
Statutes 2007, defined recycled concrete and exempted
Caltrans and the Department of General Services (DGS) from
purchasing recycled concrete unless they are specifically
requested and approved by Caltrans or DGS. SB 403
(Machado) of 2001, which was vetoed, would have authorized
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the use of recycled concrete, as defined, if the end user
was fully informed that the concrete is recycled concrete.
SOURCE : California Construction and Industrial
Materials Association
SUPPORT : Associated General Contractors of California
Bender Ready Mix, Inc.
Blue Diamond Materials
Don Chapin Company
California Asphalt Pavement Association
California Construction Trucking Association
CalPortland Construction
Hanson Aggregates
P.W. Gillibrand Company, Inc.
Sespe Consulting, Inc.
Specialty Minerals, Inc.
Strategic Engineering & Science, Inc.
Sully-Miller Contracting Company
Teichert Rock Products
West Coast Aggregates, Inc.
OPPOSITION : None on file