BILL ANALYSIS Ó
AB 2355
Page 1
Date of Hearing: April 28, 2014
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 2355 (Levine) - As Amended: April 1, 2014
SUBJECT : Local agencies: recycled materials
SUMMARY : Encourages local agencies to adopt standards for
recycled materials. Specifically, this bill :
1)Requires, by January 1, 2017, local agencies with jurisdiction
over streets or highways to do either of the following:
a) Adopt the California Department of Transportation
(Caltrans) standards for recycled paving materials and for
recycled base, sub-base, and previous backfill materials;
or,
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.
2)Authorizes local agencies to adopt standards that require even
more recycled materials than the Caltrans standards.
EXISTING LAW :
1)Requires state agencies to make maximum use of recycled
products.
2)Requires Caltrans, upon consultation with the Department of
Resources Recycling and Recovery, to review and update its bid
standards related to the purchase of recycled paving materials
and recycled base, sub-base, and previous backfill materials.
3)Defines "recycled materials" to include, but not be limited
to, recycled asphalt, crushed concrete sub-base, foundry slag,
ash, glass, glassy aggregates, and paving materials utilizing
crumb rubber from automobile tires.
4)Requires that the standards provide for the use of recycled
materials and prohibits them from reducing the quality of
standards for highway and road construction.
AB 2355
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5)Allows Caltrans to establish standards for the use of up to,
and possibly in excess of, 40% reclaimed asphalt pavement for
hot asphalt mixes on or before January 1, 2014, and requires
Caltrans to report to the Legislature regarding the progress
toward developing and implementing the standards on or before
March 1, 2016.
FISCAL EFFECT : This bill has been identified as imposing a
state-mandated local program for which the state could be liable
for costs to implement.
COMMENTS : According to the California Integrated Waste
Management Board, recycling asphalt pavement can save money for
local governments and other purchasers, create additional
business opportunities, save energy when recycling is done on
site, conserve diminishing resources of aggregates and petroleum
products, and help local governments meet the state's waste
diversion goals. Furthermore, the use of recycled aggregates
reduces demands for virgin aggregates and, therefore, minimizes
the environmental impacts of aggregate mining.
According to the Federal Highway Administration, "The same
materials used to build the original highway system can be
reused to repair, reconstruct, and maintain it. Where
appropriate, recycling of aggregates and other highway
construction materials makes sound economic, environmental, and
engineering sense. The economic benefits from the reuse of
nonrenewable highway materials can provide a great boost to the
highway industry. Recycling highway construction materials can
be a cost-saving measure, freeing funds for additional highway
construction, rehabilitation, preservation, or maintenance."
Caltrans has policies and procedures in place to promote the use
of recycled material whenever and wherever it is cost-effective
to do so. Caltrans' standards enable contractors to use up to
100% recycled aggregate in road base, up to 25% reclaimed
asphalt pavement in asphalt pavement, and recycled aggregates in
concrete, provided they meet performance standards. Since
recycled materials generally are less costly, contractors have a
strong incentive to use as much recycled material possible.
Many California cities and counties already use Caltrans's
recycled materials standards, although some more rural counties
have not adopted the standards because recycled materials are
AB 2355
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not readily available. In addition, despite the many benefits
of using recycled materials, they are not always the best
material for specific projects where material characteristics
must be tightly controlled.
By encouraging local agencies to adopt Caltrans recycled
materials standards related to recycled materials and, where
appropriate, allow them to opt not to adopt the standards, this
bill provides flexibility for local agencies to decide upon
standards that work best for them after a public hearing.
The author's intent in introducing AB 2355 is to get more cities
and counties using more recycled road materials in road
construction. The author believes that if cities and counties
have to formally consider adopting Caltrans recycled materials
standards or not, the discussion itself will necessarily include
the benefits of using recycled material, and thus, the bill will
lead to a greater use of recycled materials.
Supporters of this bill explain that when cities and counties
use standards other than Caltrans general standards, their costs
increase because they have to stop production and restart with
an entirely different mix. Increasing the number of agencies
that use identical standards will lower production costs for the
supplier.
Previous legislation:
AB 812 (Ma), Chapter 230, Statutes of 2012, allows Caltrans to
establish standards for the use of 40% reclaimed asphalt
pavement (RAP) for hot asphalt mixes on or before January 1,
2014, and requires Caltrans to report to the Legislature
regarding the progress toward developing and implementing the
standards on or before March 1, 2016.
AB 484 (Nava) of 2007 would have prohibited Caltrans and its
contractors from dumping recyclable materials in landfills.
That bill was vetoed by then Governor Schwarzenegger on the
grounds that the bill was duplicative.
AB 735 (Wiggins) of 2007 would have required Caltrans and its
contractors to track information regarding the use of recycled
and virgin materials used for sub-base, base, and lean concrete
base. That bill was vetoed by then Governor Schwarzenegger
based on cost implications.
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AB 574 (Wolk), Chapter 693, Statutes 2005, defined recycled
concrete and exempted Caltrans and DGS from purchasing recycled
concrete unless it is specifically requested and approved by
Caltrans or DGS.
SB 403 (Machado) of 2001 would have authorized the use of
recycled concrete, as defined, if the end user had been fully
informed that the concrete was recycled concrete. That bill was
vetoed by then Governor Davis on the grounds that the bill would
have circumvented the process by which standards for
construction and building materials are appropriately developed
and that it would pose a substantial risk to public safety.
Double-referred: The bill was heard in the Local Government
Committee were it was approved 9-0.
REGISTERED SUPPORT / OPPOSITION :
Support
Argent Materials
California Asphalt Pavement Association
California Chapter of American Fence Association
California Construction and Industrial Materials Association
California Construction Trucking Association
California Fence Contractors' Association
California Municipal Utilities Association
California Resource Recovery Association
Californians Against Waste
Canyon Rock Co., Inc.
Cemex Construction Materials Pacific LLC.
Chandler's Sand and Gravel, LLC
Flasher Barricade Association
George Reed Inc. General Engineering Contractor
Granite Construction Incorporated
Granite Rock Company
Hanson
Lehigh Hanson
Livingston's Concrete Service, Inc.
Marin Builders Association
Marin County Hazardous and Solid Waste Management Joint Powers
Authority
P.W. Gillibrand Co. Inc. Specialty Aggregates
Specialty Minerals Inc.
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Teichert Materials
Union Roofing Contractors Association
Vulcan Materials
Opposition
None on file
Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093