BILL NUMBER: AB 2355	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 1, 2014

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 21, 2014

   An act to add Section 42704.5 to the Public Resources Code,
relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2355, as amended, Levine. Local  governments: 
 agencies:  streets and highways: recycled materials.
   Under existing  law   law,  local
 governments   agencies  have jurisdiction
over certain streets and highways.
   Existing law, the California Integrated Waste Management Act of
1989, requires the Director of Transportation, upon consultation with
the Department of Resources Recycling and Recovery, to review and
modify all bid specifications relating to the purchase of specified
paving materials and base, subbase, and pervious backfill materials
using certain recycled materials. Existing law requires that the
specifications be based on standards developed by the Department of
Transportation for recycled paving materials and for recycled base,
subbase, and pervious backfill materials. Existing law requires that
the standards and specifications shall not reduce the quality of
standards for highway and road construction.
   This bill would require, by January 1, 2017, a local 
government   agency  that has jurisdiction over a
street or highway to either adopt the standards developed by the
Department of Transportation for recycled paving materials and for
recycled base, subbase, and pervious backfill materials, or discuss
why it is not adopting those standards at a  regularly scheduled
 public hearing  of the local agency's legislative or other
governing body  . By increasing the duties of local officials,
this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 42704.5 is added to the Public Resources Code,
to read:
   42704.5.  (a) By January 1, 2017, a local  government
  agency  that has jurisdiction over a street or
highway shall do either of the following:
   (1) Adopt the standards developed by the Department of
Transportation pursuant to Section 42700 for recycled paving
materials and for recycled base, subbase, and pervious backfill
materials.
   (2) Discuss why the standards are not being adopted at a 
regularly scheduled  public hearing  of the local agency's
legislative or other governing body  .
   (b) A local  government   agency 
described in subdivision (a) may adopt standards that require greater
use of, or more recycled content in, paving materials and base,
subbase, and pervious backfill materials that incorporate recycled
content than is required by the standards developed by the Department
of Transportation pursuant to Section 42700.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.