BILL ANALYSIS �
AB 296
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CONCURRENCE IN SENATE AMENDMENTS
AB 296 (Skinner)
As Amended August 22, 2012
Majority vote
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|ASSEMBLY: |54-21|(June 1, 2011) |SENATE: |21-13|(August 29, |
| | | | | |2012) |
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Original Committee Reference: TRANS .
SUMMARY : Tasks the California Environmental Protection Agency
(CalEPA) with developing a standard definition of the term
"urban heat island effect" (HIE). Subsequent to the development
of the standard definition, requires the California Department
of Transportation (Caltrans) to develop a standard specification
for cool pavement and materials.
The Senate amendments:
1)Delete legislative intent language addressing the cause of
HIE.
2)Delete provisions requiring Caltrans to publish a statewide
specification and best practices using "cool pavements."
3)Delete legislative intent language describing the purpose and
potential benefits of statewide specifications and best
practices using "cool pavements."
4)Delete legislative intent language regarding the contents and
purpose of the Cool Pavements Handbook.
5)Delete the requirement for Caltrans to develop a Cool
Pavements Handbook in consultation with other relevant state
agencies and departments.
6)Delete the requirement that Caltrans carry out one or more
cool pavement pilot projects to evaluate the economic,
environmental, and public health benefits of cool pavements.
7)Delete the requirement that the Building Standards Commission
(Commission) incorporate, by January 1, 2015, the cool
pavement specifications developed by Caltrans.
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8)Delete the requirement that Caltrans submit a report to the
Legislature on or before January 1, 2010, analyzing the cost
of using various pavement surfaces, the results of the cool
pavement pilot project and the overall environmental benefits.
9)Declare the intent of the Legislature that CalEPA:
a) Work with its partners on the Climate Action Team to
develop heat reduction strategies that include urban
forestry, cool roofs, and sustainable or cool pavements;
and,
b) Develop a definition for HIE that includes the extent
and severity of HIE index for California cities such that
the cities can have a quantifiable goal for heat reduction.
1)Require Caltrans, upon completion of the definition of HIE by
CalEPA, to develop a standard specification for sustainable or
cool pavements that can be used to reduce HIE index.
2)Declare the intent of the Legislature that Caltrans work with
CalEPA and other stakeholders on sustainable cool pavement
technologies and research.
3)Require the Commission to consider incorporating the cool
pavement specification into the California Green Building
Standards Code as an additional strategy for HIE hardscape
alternatives.
EXISTING LAW :
1)Requires Caltrans to adopt a balanced, multimodal research and
development program that includes research and development of
new technologies.
2)Requires that building standards adopted or proposed by a
state agency be submitted to and approved or adopted by the
California Building Standards Commission prior to being
codified.
3)Provides, under the Federal Water Pollution Control Act (also
referred to as the Clean Water Act), that discharge of
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pollutants to water is prohibited unless the discharge is in
compliance with a National Pollution Discharge Elimination
System (NPDES) permit.
4)Authorizes the State Water Resources Control Board (SWRCB) to
administer the NPDES program in California.
5)Authorizes the SWRCB to issue permits to regulate covered
storm water discharges.
AS PASSED BY THE ASSEMBLY , this bill:
1)Made legislative findings and declarations regarding HIE and
the mitigating effects of cool pavements.
2)Defined a variety of terms relative to HIE.
3)Required Caltrans to develop the Cool Pavements Handbook and
to carry out other requirements, in consultation with the
Department of General Services, the Commission, SWRCB, State
Energy Resources Conservation and Development Commission,
State Air Resources Board, State Water Quality Control Board,
and any other relevant state department or agencies.
4)Authorized Caltrans to enter into an agreement with the United
States Department of Transportation, United States
Environmental Protection Agency (EPA), the United States
Department of Energy, or other federal agencies to carry out
specified requirements.
5)Required Caltrans, on or before January 1, 2014, to publish or
make available on its Internet Web site a Cool Pavements
Handbook that incorporates existing specifications, testing
protocols, and best practices for cool pavement.
6)Specified that the Cool Pavement Handbook identify materials
or techniques that reduce the surface temperature of
traditional concrete, have light color, reduce diurnal thermal
stress, remove greenhouse gases, and reduce stormwater runoff.
7)Specified that Caltrans may include in the Cool Pavement
Handbook any other material or technique to reduce HIE, ozone
formation, or stormwater runoff.
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8)Required that Caltrans include specifications and best
practices in the Cool Pavements Handbook for sidewalks, roads,
plazas, highways, parking lots, school yards, or any surface
designed for vehicular or pedestrian use.
9)Required that the Cool Pavements Handbook be referenced in
relevant sections of Caltrans Construction Manual and be made
available to the public.
10)Required Caltrans to implement one or more cool pavement
pilot projects, with the goal of completing construction by
January 1, 2018.
11)Required Caltrans to submit a report to the Legislature on or
before January 1, 2018, describing the results of the cool
pavement pilot projects. The report is required to include an
analysis of the cost of various pavement surfaces,
environmental benefits, energy savings, life cycle evaluation,
and durability of various pavement options.
12)Sunsets reporting requirements on January 1, 2022.
13)Required the Department of Housing and Community Development
(HCD) to consider incorporating cool pavement specifications
in the California Green Building Standards Code.
FISCAL EFFECT : According to the Senate Appropriations
Committee, the bill would result in unknown one-time costs to
Caltrans, potentially up to $500,000 (State Highway Account), to
develop one or more cool pavement specifications and unknown,
likely moderate costs to Caltrans to consider specified benefits
during pavement use-phase when developing pavement technologies.
COMMENTS : According to the EPA, the term "heat island" refers
to warmer urban air and surface temperatures that result when
natural landscape is replaced with hardscape surfaces such as
pavement, buildings, and other infrastructure. Studies
performed by the EPA and others have shown that the mean air
temperature of urban areas can be significantly warmer than
surrounding rural areas and that these warmer urban temperatures
can result in increased summertime peak energy demand, air
conditioning costs, air pollution, and greenhouse gas emissions.
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One of the primary methods thought to reduce HIE is the use of
cool pavements. "Cool pavements" is the term that typically
refers to paving materials that reflect more solar energy,
enhance water evaporation, or have been otherwise modified to
remain cooler than conventional materials. At the present time,
there is no official standard or labeling program to designate
cool paving materials to designate which materials perform best
under given circumstances.
According to the author, the combination of excessive heat and
sunlight leading to HIE exacerbates health problems via the
production of ozone (smog) and that increased temperatures
indirectly produce emissions and increase energy consumption due
to increased demand for artificial cooling. The author asserts
that the intent of this legislation is to acknowledge that paved
surfaces contribute to HIE and to identify and implement
HIE-mitigating options.
The bill calls for CalEPA to work with its partners on the
Climate Action Team to develop heat reduction strategies as well
as develop a definition for HIE that includes the extent and
severity of HIE index for California cities so that those cities
can have a quantifiable goal for heat reduction. It can be
expected that the process of developing a clear, concise, and
workable definition for HIE as well as developing an HIE index
could require substantial time and effort.
Once the HEI definition and HEI index are developed, at an
unknown future date, the bill then requires Caltrans to develop
a "cool pavement" specification based on the HEI definition and
index. Once the specification is developed, the bill then
requires the Commission to consider incorporating the
specification into the California Green Building Standards Code
as an additional strategy for HIE hardscape alternatives.
To develop a meaningful specification, it is important that all
terms be clearly defined and that the overall goal of what the
specification is intended to achieve is established. In the
absence of a clear understanding of what constitutes a "cool
pavement" and metrics that allow for comparison between
conditions before and after a specification is applied could
result in the development of a specification that is, at best,
meaningless or, at worst, detrimental to the final product.
While the bill requires that the specification be based on HEI
definition and index metrics established by CalEPA, the bill
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does not similarly require that CalEPA define "cool pavement" or
establish metrics for the development of the specification.
Without a precise definition for "cool pavement" as well as
clear and measurable goals, Caltrans will not have the
information it needs to develop meaningful specifications.
This is particularly concerning since the bill recommends that
the Commission incorporate the specification into the Green
Building Standards, without the requirement that the
specification be tested or otherwise evaluated to determine
whether or not it meets the overall goal, is not overly costly,
or alters the structural integrity or longevity of the final
product.
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093
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