BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1115


                                                                    Page  1





          Date of Hearing:  April 27, 2015


                        ASSEMBLY COMMITTEE ON TRANSPORTATION


                                 Jim Frazier, Chair


          AB 1115  
          (Salas) - As Amended March 26, 2015


          SUBJECT:  State highways:  litter cleanup and abatement


          SUMMARY:  Requires the California Department of Transportation  
          (Caltrans) to use litter traps in drains and any other effective  
          technology in carrying out its responsibilities related to  
          litter cleanup and abatement on highways near waterways.


          EXISTING LAW:  


          1)Designates Caltrans as the owner and operator of the state  
            highway system.  



          2)Requires Caltrans to place a high priority on litter pickup on  
            highways adjoining storm drains, streams, rivers, waterways,  
            beaches, the ocean, and other environmentally sensitive areas.  
             



          3)Allows Caltrans to use litter traps in drains and any other  
            effective technology in its litter cleanup and abatement  








                                                                    AB 1115


                                                                    Page  2





            efforts.
          FISCAL EFFECT:  Unknown


          COMMENTS:  Caltrans installed in-drain litter traps in the  
          southern California region as a result of litigation between  
          Caltrans and the United States Environmental Protection Agency,  
          among others.  That litigation resulted in a requirement that  
          Caltrans develop a Best Management Practice (BMP) Retrofit Pilot  
          Program in Caltrans Districts 7 (Los Angeles) and 11 (San  
          Diego).  The objective of the program was to acquire experience  
          in the installation and operation of a wide range of structural  
          BMPs for treating stormwater runoff from existing Caltrans  
          facilities and to evaluate the performance and costs of these  
          devices. 

          A study team made up of representatives from the parties to the  
          lawsuit, their attorneys, local vector control agencies, and  
          outside technical experts provided oversight of the retrofit  
          pilot program.  This study was designed to allow the parties to  
          gain experience with the actual design, installation, operation,  
          and maintenance of structural BMPs in the setting of the freeway  
          system in southern California.  Many BMPs have been used in  
          other parts of the country, but cost, performance, and operation  
          data were not generally available for retrofit implementation,  
          especially in a semi-arid highway environment. 

          The study included in-drain litter traps, as would be required  
          to be used by this bill.  Data collected during the study  
          indicated that the in-drain litter traps cannot be operated  
          unattended because of hydraulic limitations that resulted in  
          flooding on a number of occasions and clogging that caused  
          bypass of untreated runoff.  Further, the study found, "Their  
          pollutant removal was also minimal.  The absolute number of  
          maintenance hours was not large; however, the timing of  
          maintenance was critical, right before and during storm events.   
          Because of their frequent maintenance requirements and safety  
          considerations (access along active freeways and highways),  
          implementation on roadsides would not be appropriate.   








                                                                    AB 1115


                                                                    Page  3





          Installation at maintenance stations might be considered safer;  
          however, timely maintenance is often infeasible due to other  
          maintenance activities required during storm events.  In  
          addition, they were only marginally effective, with constituent  
          removal generally less than 10%."  As a result of the study,  
          Caltrans found the in-drain litter traps were not effective and,  
          consequently, it does not use them anywhere else in the state.    


          Provisions requiring Caltrans to prioritize litter pickup along  
          highways near sensitive areas, such as waterways, were added by  
          AB 260 (Jackson), Chapter 489, Statutes of 2003.  AB 260  
          reportedly stemmed from an episode where heavy rain caused trash  
          and blight along highways in Santa Barbara and Ventura Counties  
          to be swept into the ocean via storm drains and other natural  
          waterways.  Recognizing Caltrans' maintenance budget  
          restrictions, the author included provisions in AB 260 to allow  
          litter abatement by means of physical intervention, such as  
          litter traps in drains and any other relevant and effective  
          technology, with the idea that physical intervention of the  
          litter could be a cost-effective alternative. 





          In 2013, Caltrans spent about $62 million statewide cleaning up  
          litter and collecting more 155,000 cubic yards of trash enough  
          to fill more than 1,000 swimming pools with 30,000 gallons of  
          water in each.  Clearly, litter continues to plague the state  
          highway system and increasingly stringent stormwater runoff  
          requirements will eventually prohibit any litter from getting  
          into the stormwater runoff system.  





          Committee concerns:  AB 1115 mandates, rather than allows,  








                                                                    AB 1115


                                                                    Page  4





          in-drain litter traps, a technology that has been found to be  
          ineffective.  The Legislature should not direct Caltrans to use  
          a litter abatement technology that does not work, especially  
          given that ever tighter stormwater regulations loom on the  
          horizon.



          Previous legislation:  AB 260 (Jackson), Chapter 489, Statutes  
          of 2003, required Caltrans to prioritize litter pickup along  
          highways near sensitive areas, such as waterways. 


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file




          Opposition


          None on file




          Analysis Prepared by:Janet Dawson / TRANS. / (916) 319-2093












                                                                    AB 1115


                                                                    Page  5