BILL ANALYSIS �
AB 2355
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CONCURRENCE IN SENATE AMENDMENTS
AB 2355 (Levine)
As Amended June 11, 2014
Majority vote
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|ASSEMBLY: |78-0 |(May 15, 2014) |SENATE: |35-0 |(August 20, |
| | | | | |2014) |
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Original Committee Reference: L. GOV.
SUMMARY : Requires local agencies with jurisdiction over streets
or highways to adopt the Department of Transportation's
(Caltrans) standards for recycled paving materials or discuss at
a regularly scheduled public hearing why those standards are not
being adopted.
The Senate amendments delete a provision allowing local agencies
to adopt standards that require greater use of, or more recycled
content in, paving materials and base, subbase, and pervious
backfill materials that incorporate recycled content than is
required by Caltrans' standards.
EXISTING LAW requires, pursuant to the California Integrated
Waste Management Act of 1989, the Director of Caltrans, 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. These specifications must be based on standards
developed by Caltrans for recycled paving materials and for
recycled base, subbase, and pervious backfill materials.
Caltrans' standards and specifications must not reduce the
quality of standards for highway and road construction.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required, by January 1, 2017, a local agency that has
jurisdiction over a street or highway to do either of the
following:
a) Adopt the standards developed by Caltrans pursuant to
current law for recycled paving materials and for recycled
base, subbase, and pervious backfill materials; or,
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b) Discuss why the standards are not being adopted at a
regularly scheduled public hearing of the local agency's
legislative or other governing body.
2)Allowed local agencies to adopt standards that require greater
use of, or more recycled content in, paving materials and
base, subbase, and pervious backfill materials that
incorporate recycled content than is required by Caltrans'
standards.
3)Provided that, if the Commission on State Mandates
(Commission) determines that this act contains costs mandated
by the state, reimbursement to local agencies and school
districts for those costs shall be made pursuant to current
law governing state mandated local costs.
FISCAL EFFECT : According to the Senate Appropriations
Committee, unknown, likely minor reimbursable mandate costs
(General Fund). Actual costs would depend on what duties the
Commission determines are reasonably necessary to implement the
bill. These costs could be minor to the extent that a local
agency simply puts a discussion item on the agenda for a public
hearing, but could be greater if the Commission approves a claim
for reimbursement related to duties associated with adopting
recycled materials standards.
COMMENTS :
1)Purpose of this bill. This bill seeks to encourage local
agencies to adopt Caltrans' standards for the use of recycled
materials in road building and maintenance. This bill is
author-sponsored.
2)Author's statement. According to the author, "Eighty-one
percent of California roads are owned and maintained by cities
and counties. It is estimated that maintenance costs on those
roads over the next decade will be more than $8 billion. We
have a shortage of virgin aggregates needed to meet future
demand and landfills that are filling rapidly. Combine these
factors and we have a problem with road maintenance and
construction from an environmental and economic standpoint.
"Using recycled material for road maintenance and construction
can help alleviate that problem. More recycled material use
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means less mining, less transportation, and less landfilling.
According to data collected by the Federal Highway
Administration, using recycled material reduces cost by about
1% for every 1% of recycled material used.
"Caltrans has been required by the federal government to use
recycled materials in road construction and maintenance for
the last two decades. (Current state law) requires Caltrans
to adopt standards for recycled material use that will not
reduce the quality of construction. Most cities and counties
meet or exceed these Caltrans standards, however, some cities
and counties do not."
3)Background. According to a July 2006 report by the California
State Auditor on Caltrans, the availability of virgin
aggregate at sites with mining permits as of January 2001 is
not expected to meet the demand for such material beyond the
next 50 years in various regions
of California, including highly urbanized areas.
Caltrans has policies and procedures in place to promote the
use of recycled material whenever and wherever it is
cost-effective to do so. Caltrans' Standard Specifications
enable contractors to use up to 100% recycled aggregate in
road base, up to 25% reclaimed asphalt pavement (RAP) in
asphalt pavement, and recycled aggregates in concrete,
provided they meet performance specifications. Since recycled
materials generally are less costly, contractors have a strong
incentive to use as much recycled material possible.
Recycled aggregate is produced by crushing concrete or asphalt
to reclaim the aggregate. The primary market for this
material is road base and subbase for other paving and
engineering projects. According to the California Integrated
Waste Management Board, the use of recycled aggregate saves
money for local governments and other purchasers, creates
business opportunities, saves energy when recycling is done on
site, conserves diminishing resources of urban aggregates, and
helps local governments meet the state's waste diversion
goals. The use of recycled aggregate also reduces demand for
virgin aggregates, and therefore minimizes the environmental
impacts of aggregate mining.
Because of its weight, aggregate is expensive to ship;
therefore, most public works projects use aggregate from
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nearby sources. In California, particularly in urban areas,
it is becoming more difficult and expensive to find and ship
virgin aggregate. According to the Federal Highway
Administration, the use of recycled aggregate can provide
savings in the overall cost of a paving project, "even though
the initial production cost of [recycled aggregate] can be
higher than that of new aggregate, the location of [recycled
aggregate] plants near project areas lowers the final cost,
primarily due to reduced hauling and overhead costs."
4)Previous legislation. AB 812 (Ma), Chapter 230, Statutes of
2012, authorizes Caltrans to establish specifications for the
use of up to, and possibly in excess of, 40% RAP for hot
asphalt mixes on or before January 1, 2014. It also requires
Caltrans to report to the Legislature regarding the progress
toward developing and implementing the specification on or
before March 1, 2016.
5)State mandate. This bill is keyed a state mandate, which
means the state could be required to reimburse local agencies
and school districts for implementing the bill's provisions if
the Commission on State Mandates determines that the bill
contains costs mandated by the state.
6)Arguments in support. Supporters state, "Currently, nearly 3
million tons of asphalt, concrete, and related materials end
up in California landfills, according to the CalRecycles'
Waste Characterization Survey. California also has only
one-third of the permitted aggregates needed to meet future
demand, according to the California Geological Survey. While
most local governments allow recycled materials, there remain
some jurisdictions that do not allow the use of recycled
materials. This bill would set a timetable for local
jurisdictions to adopt specifications for the use of recycled
materials that are equal to or better than Caltrans. If the
local jurisdictions choose not to adopt specifications, the
bill asks that public discussion and deliberation on the issue
take place."
7)Arguments in opposition. None on file.
Analysis Prepared by : Angela Mapp / L. GOV. / (916) 319-3958
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