AB 2355,
as amended, Levine. Localbegin delete governments:end deletebegin insert agencies:end insert streets and highways: recycled materials.
Under existingbegin delete lawend deletebegin insert law,end insert localbegin delete governmentsend deletebegin insert agenciesend insert 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 localbegin delete governmentend deletebegin insert agencyend insert 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 abegin insert
regularly scheduledend insert public hearingbegin insert of the local agency’s legislative or other governing bodyend insert. 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 42704.5 is added to the Public Resources
2Code, to read:
(a) By January 1, 2017, a localbegin delete governmentend deletebegin insert agencyend insert
4 that has jurisdiction over a street or highway shall do either of the
5following:
6(1) Adopt the standards developed by the Department of
7Transportation pursuant to Section 42700 for recycled paving
8 materials and for recycled base, subbase, and pervious backfill
9materials.
10(2) Discuss why the standards are not being adopted at a
11begin insert
regularly scheduledend insert public hearingbegin insert of the local agency’s legislative
12or other governing bodyend insert.
13(b) A localbegin delete governmentend deletebegin insert agencyend insert described in subdivision (a) may
14adopt standards that require greater use of, or more recycled content
15in, paving materials and base, subbase, and pervious backfill
16materials that incorporate recycled content than is required by the
17standards developed by the Department of Transportation pursuant
18to Section 42700.
If the Commission on State Mandates determines that
20this act contains costs mandated by the state, reimbursement to
21local agencies and school districts for those costs shall be made
22pursuant to Part 7 (commencing with Section 17500) of Division
234 of Title 2 of the Government Code.
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