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." AB 812 Page 2 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 AB 812 Page 3 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