AB 2355, as amended, Levine. Local agencies: streets and highways: recycled materials.
Under existing law, local agencies 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 local agency 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 discussbegin delete why it is not adopting those standardsend delete at a regularly scheduled public hearing of the local agency’s legislative or other governing bodybegin insert why the standards are not being adoptedend 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:
begin delete(a)end deletebegin delete end deleteBy January 1, 2017, a local agency that has
4jurisdiction over a street or highway shall do either of the
5following:
6(1)
end delete
7begin insert(a)end insert Adopt the standards developed by the Department of
8Transportation pursuant to Section 42700 for recycled paving
9materials and for recycled base, subbase,
and pervious backfill
10materials.
11(2)
end delete
12begin insert(b)end insert Discussbegin delete why the standards are not being adoptedend delete at a
13
regularly scheduled public hearing of the local agency’s legislative
14or other governing bodybegin insert why the standards are not being adoptedend insert.
15(b) A local agency described in subdivision (a) may adopt
16standards that require greater use of, or more recycled content in,
17paving materials and base, subbase, and pervious backfill materials
18that incorporate recycled content than is required by the standards
19developed by the Department of Transportation pursuant to Section
2042700.
If the Commission on State Mandates determines that
22this act contains costs mandated by the state, reimbursement to
23local agencies and school districts for those costs shall be made
P3 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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