BILL NUMBER: AB 2355 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 11, 2014
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 agencies: streets and highways:
recycled materials.
Under existing law, local 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 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 why the
standards are not being adopted . 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 agency that has jurisdiction over a street or highway
shall do either of the following:
(1)
(a) 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)
(b) Discuss why the standards are not being
adopted at a regularly scheduled public hearing of the
local agency's legislative or other governing body why the
standards are not being adopted .
(b) A local 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.