BILL ANALYSIS Ó SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: AB 2355 SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: levine VERSION: 6/11/14 Analysis by: Eric Thronson FISCAL: yes Hearing date: June 17, 2014 SUBJECT: Recycled materials standards for streets and highways DESCRIPTION: This bill requires every local agency responsible for any street or highway to either adopt the California Department of Transportation's standards for recycled road construction materials or discuss why it is not adopting these standards. ANALYSIS: Existing law requires the California Department of Transportation (Caltrans) to develop standards for recycled paving materials and other materials used in road construction. From these standards, existing law requires Caltrans to modify its bid specifications relating to the purchase of road construction materials in order to define in what condition recycled materials must be for use in projects on the state highway system. Existing law generally requires Caltrans to ensure that not less than 50% of the asphalt it purchases every year includes a certain amount of crumb rubber from recycled tires. Existing law does not specify, however, that Caltrans purchase any particular level or amount of any other recycled material. This bill requires a local agency responsible for any street or highway, by January 1, 2017, to either: Adopt Caltrans' standards for recycled road construction materials Discuss at a regularly scheduled public hearing why the local agency's governing body is not adopting these standards COMMENTS: AB 2355 (LEVINE) Page 2 1.Purpose . According to the author, this bill is intended to increase the number of cities and counties using recycled materials in road construction. The author believes that if cities and counties have to formally consider adopting Caltrans' standards for recycled materials, the discussion itself will necessarily include the benefits of using recycled materials, and thus, this bill will lead to greater use of recycled materials by local agencies. 2.What's the deal with standards ? Caltrans has developed quality standards for various types of materials in order for those materials to be utilized in the construction, rehabilitation, and maintenance of the state highway system. Without these standards, it would be difficult for Caltrans to utilize recycled materials, because it would be unclear whether or not the material is of the quality necessary to properly maintain the roadway. While the standards do not require Caltrans to use minimum amounts of various types of recycled materials, making these materials available for use necessarily leads to increased utilization, because recycled materials are often less expensive than new aggregate. This bill, while not setting required minimums for local agencies, is expected to lead to the same result - specifically, increased use of recycled materials for local street and road construction and maintenance. 3.Standardized standards . Supporters of this bill suggest one advantage of encouraging local agencies to adopt Caltrans' standards for recycled materials is that, by avoiding multiple standards, this bill will lead to efficiencies and cost savings for suppliers, contractors, and local governments. If various governmental entities have varying levels of acceptability standards for recycled materials, it makes it more difficult for suppliers of aggregate and other materials to meet demands. It also makes it more difficult for contractors to bid on projects. This bill can help resolve this challenge by leveling the standards for everyone based on Caltrans' adopted standards. Assembly Votes: Floor: 78-0 Appr: 17-0 Trans:13-0 LGov: 9-0 AB 2355 (LEVINE) Page 3 POSITIONS: (Communicated to the committee before noon on Wednesday, June 11, 2014.) SUPPORT: BoDean Company California Asphalt Pavement Association California Chapter of American Fence Corporation California Construction and Industrial Materials Association California Construction Trucking Association California Fence Contractors' Association California Resource Recovery Association Californians Against Waste Cemex Construction Materials Pacific LLC Chandler's Rio Santiago, LLC Chandler's Sand and Gravel DeSilva Gates Construction Flasher Barricade Association George Reed Inc. General Engineering Contractor Granite Construction Incorporated Granite Rock Company Hanson Aggregates Lehigh Hanson Livingston's Concrete Service, Inc. Maitri Road Recycling Marin Builders Association Marin County Hazardous and Solid Waste Management JPA P.W. Gillibrand Co., Inc. Sespe Consulting Specialty Minerals, Inc. Syar Industries, Inc. Teichert Materials Union Roofing Contractors Association Vulcan Materials Werner Corporation OPPOSED: None received.