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