Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2658

Introduced by Assembly Member Bocanegra

February 21, 2014

An act to amend begin delete Sections 42872.5 and 42885.5 of end delete begin insert Section 42703 of, and to add Section 42872.6 to, end insert the Public Resources Code, relating to recycling.

LEGISLATIVE COUNSEL’S DIGEST

AB 2658, as amended, Bocanegra. Recycling: waste tires: public works projects.

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(1) Existing law requires the Department of Transportation to mandate the use of crumb rubber at a specified percentage, per metric ton, of the total amount of asphalt paving materials used for state highway construction or repair projects that use asphalt as a construction material. Existing law specifies a schedule that requires an increasing amount of asphalt paving materials containing crumb rubber to be used per metric ton of the total amount of asphalt paving materials. Existing law requires that, until January 1, 2015, not less than 50% of the asphalt pavement used to comply with those crumb rubber content requirements be rubberized asphalt concrete and authorizes the department, after that date, to use any material meeting the definition of asphalt containing crumb rubber to comply with those requirements.

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This bill would extend to January 1, 2020, the period during which not less than 50% of the asphalt pavement is required to be rubberized asphalt concrete to comply with the crumb rubber content requirements, and would postpone until January 1, 2020, the authorization for the department to use any material meeting the definition of asphalt containing crumb rubber to comply with those requirements.

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The

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begin insert (2) end insert begin insert   end insert begin insert The existing end insert California Tire Recycling Act begin insert requires the Department of Resources Recycling and Recovery to administer a tire recycling program, and end insert imposes a California tire fee on a new tire purchased in the state. The revenue generated from the fee is deposited in the California Tire Recycling Management Fund for expenditure, upon appropriation by the Legislature, for the purposes of programs related to waste tires, including grants to local government agencies for public works projects that use waste tires. begin delete Existing law makes the grant program inoperative on June 30, 2015, and repeals the grant program on January 1, 2016. The act requires the Department of Resources Recycling and Recovery to adopt a 5-year plan, which is to be updated biennially, to establish goals and priorities for waste tire programs. end delete

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This bill would delete the repeal of the grant program and would make conforming changes with regard to the department’s 5-year plan.

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The bill would begin delete also require the department, when awarding grants under the grant program, to give priority to end delete begin insert additionally authorize the department, when awarding grants pursuant to the tire recycling program, to award grants for end insert public works projects begin delete that use waste tires end delete to create parklets begin insert , greenways, or both, that use tire-derived products and would require the department, if it awards those grants, to give priority for funding to those projects end insert in disadvantaged communities, as defined.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 42703 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

42703.  

(a) Except as provided in subdivision (d), the
Department of Transportation shall require the use of crumb rubber
in lieu of other materials at the following levels for state highway
construction or repair projects that use asphalt as a construction
material:

(1) On and after January 1, 2007, the Department of
Transportation shall use, on an annual average, not less than 6.62
pounds of CRM per metric ton of the total amount of asphalt paving
materials used.

(2) On and after January 1, 2010, the Department of
Transportation shall use, on an annual average, not less than 8.27
pounds of CRM per metric ton of the total amount of asphalt paving
materials used.

(3) On and after January 1, 2013, the Department of
Transportation shall use, on an annual average, not less than 11.58
pounds of CRM per metric ton of the total amount of asphalt paving
materials used.

(b) (1) The annual average use of crumb rubber required in
subdivision (a) shall be achieved on a statewide basis and shall
not require the use of asphalt containing crumb rubber in each
individual project or in a place where it is not feasible to use that
material.

(2) On and after January 1, 2007, and before January 1, begin delete 2015, end delete
begin insert 2020, end insert not less than 50 percent of the asphalt pavement used to
comply with the requirements of subdivision (a) shall be rubberized
asphalt concrete.

(3) On and after January 1, begin delete 2015, end delete begin insert 2020, end insert the Department of
Transportation may use any material meeting the definition of
asphalt containing crumb rubber, with respect to product type or
specification, to comply with the requirements of subdivision (a).

(c) (1) The Secretary Transportation shall, on or before January
1 of each year, prepare an analysis comparing the cost differential
between asphalt containing crumb rubber and conventional asphalt.
The analysis shall include the cost of the quantity of asphalt product
needed per lane mile paved and, at a minimum, shall include all
of the following:

(A) The lifespan and duration of the asphalt materials.

(B) The maintenance cost of the asphalt materials and other
potential cost savings to the department, including, but not limited
to, reduced soundwall construction costs resulting from noise
reduction qualities of rubberized asphalt concrete.

(C) The difference between each type or specification of asphalt
containing crumb rubber, considering the cost-effectiveness of
each type or specification separately in comparison to the
cost-effectiveness of conventional asphalt paving materials.

(2) Notwithstanding subdivision (a), if, after completing the
analysis required by paragraph (1), the secretary determines that
the cost of asphalt containing crumb rubber exceeds the cost of
conventional asphalt, the Department of Transportation shall
continue to meet the requirement specified in paragraph (1) of
subdivision (a), and shall not implement the requirement specified
in paragraph (2) of subdivision (a). If the secretary determines,
pursuant to an analysis prepared pursuant to paragraph (1), that
the cost of asphalt containing crumb rubber does not exceed the
cost of conventional asphalt, the Department of Transportation
shall implement paragraph (2) of subdivision (a) within one year
of that determination, but not before January 1, 2010.

(3) Notwithstanding subdivision (a), if the Department of
Transportation delays the implementation of paragraph (2) of
subdivision (a), the Department of Transportation shall not
implement the requirement of paragraph (3) of subdivision (a)
until three years after the date the department implements paragraph
(2) of subdivision (a).

(d) For the purposes of complying with the requirements of
subdivision (a), only crumb rubber manufactured in the United
States that is derived from waste tires taken from vehicles owned
and operated in the United States may be used.

(e) The Department of Transportation and the begin delete board end delete begin insert Department
of Resources Recycling and Recovery end insert shall develop procedures
for using crumb rubber and other derived tire products in other
projects.

(f) The Department of Transportation shall notify and confer
with the East Bay Municipal Utility District before using asphalt
containing crumb rubber on a state highway construction or repair
project that overlays district infrastructure.

(g) For purposes of this section the following definitions shall
apply:

(1) “Asphalt containing crumb rubber” means any asphalt
pavement construction, rehabilitation, or maintenance material
that contains reclaimed tire rubber and that is specified for use by
the Department of Transportation.

(2) “Crumb rubber” or “CRM” has the same meaning as defined
in Section 42801.7.

(3) “Rubberized asphalt concrete” or “RAC” means a paving
material that uses an asphalt rubber binder containing an amount
of reclaimed tire rubber that is 15 percent or more by weight of
the total blend, and that meets other specifications for both the
physical properties of asphalt rubber and the application of asphalt
rubber, as defined in the American Society for Testing and
Materials (ASTM) Standard Specification for Asphalt-Rubber
Binder.

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begin insert SEC. 2. end insert   

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begin insert Section 42872.6 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

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begin insert 42872.6. end insert   

(a) (1) When awarding grants pursuant to Section
42872 to cities, counties, and other local government agencies for
public works projects that use tire-derived products, the department
may, in addition to any other authorized use of those funds, award
grants for public works projects that use tire-derived products,
including recycled tire lumber, to create parklets, greenways, or
both.

(2) If the department awards grants pursuant to this section,
the department shall give priority to public works projects that
use tire-derived products to create parklets, greenways, or both,
in disadvantaged communities.

(b) For the purposes of this section, the following terms have
the following meanings:

(1) “Disadvantaged community” means a community, as
determined by the department, with an annual median household
income that is less than 80 percent of the statewide median
household income.

(2) “Greenway” means a travel corridor for pedestrians,
bicycles, nonmotorized vehicle transportation, recreation, or a
combination thereof, located along natural landscape features,
such as an urban watercourse.

(3) “Parklet” means a small urban park intended for people
and that provides amenities, including, but not limited to, seating,
tables, bicycle racks, and landscaping.

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SECTION 1.  

Section 42872.5 of the Public Resources Code
is amended to read:

42872.5.  

(a) (1) In accordance with the conditions specified
in paragraph (2), the grants awarded pursuant to Section 42872
may be made to cities, counties, and other local government
agencies for the funding of public works projects that use waste
tires, including, but not limited to, the use of rubberized asphalt
concrete and tire-derived aggregate.

(2) The department shall give priority, when awarding grants
pursuant to this section, to public works projects that use waste
tires to create parklets in disadvantaged communities.

(b) The grants described in subdivision (a) shall be funded by
an appropriation in the annual Budget Act from the California Tire
Recycling Management Fund established pursuant to Section
42885.

(c) In order to provide outreach to local agencies regarding the
use of rubberized asphalt concrete in public works projects, both
of the following shall occur:

(1) The department shall create, annually update, and post on
its Internet Web site a database of public works projects that use
waste tires that were completed by local agencies receiving grants
for purposes of this section.

(2) The department shall provide technical support to local
agencies on the design and application for using waste tires in
public works projects.

(d) For purposes of this section, the following terms have the
following meanings:

(1) “Disadvantaged community” means a community, as
determined by the department, with an annual median household
income that is less than 80 percent of the statewide median
household income.

(2) “Parklet” means a small urban park intended for people and
that provides amenities, including, but not limited to, seating,
tables, bike racks, and landscaping.

SEC. 2.  

Section 42885.5 of the Public Resources Code is
amended to read:

42885.5.  

(a) The department shall adopt a five-year plan, which
shall be updated every two years, to establish goals and priorities
for the waste tire program and each program element.

(b) On or before July 1, 2001, and every two years thereafter,
the department shall submit the adopted five-year plan to the
appropriate policy and fiscal committees of the Legislature. The
department shall include in the plan, programmatic and fiscal issues
including, but not limited to, the hierarchy used by the department
to maximize productive uses of waste and used tires, and the
performance objectives and measurement criteria used by the
department to evaluate the success of its waste and used tire
recycling program. Additionally, the plan shall describe each
program element’s effectiveness, based upon performance measures
developed by the department, including, but not limited to, the
following:

(1) Enforcement and regulations relating to the storage of waste
and used tires.

(2) Cleanup, abatement, or other remedial action related to waste
tire stockpiles throughout the state.

(3) Research directed at promoting and developing alternatives
to the landfill disposal of waste tires.

(4) Market development and new technology activities for used
tires and waste tires.

(5) The waste and used tire hauler program, the registration of,
and reporting by, tire brokers, and the manifest system.

(6) A description of the grants, loans, contracts, and other
expenditures proposed to be made by the department under the
tire recycling program.

(7) The grant program authorized under Section 42872.5 to
encourage the use of waste tires, including, but not limited to,
rubberized asphalt concrete technology, in public works projects.

(8) Border region activities, conducted in coordination with the
California Environmental Protection Agency, including, but not
limited to, all of the following:

(A) Training programs to assist Mexican waste and used tire
haulers to meet the requirements for hauling those tires in
California.

(B) Environmental education training.

(C) Development of a waste tire abatement plan, with the
appropriate government entities of California and Mexico.

(D) Tracking both the legal and illegal waste and used tire flow
across the border and recommended revisions to the waste tire
policies of California and Mexico.

(E) Coordination with businesses operating in the border region
and with Mexico, with regard to applying the same environmental
and control requirements throughout the border region.

(F) Development of projects in Mexico in the California-Mexico
border region, as defined by the La Paz Agreement, that include,
but are not limited to, education, infrastructure, mitigation, cleanup,
prevention, reuse, and recycling projects, that address the
movement of used tires from California to Mexico that are
eventually disposed of in California.

(c) The department shall base the budget for the California Tire
Recycling Act and program funding on the plan.

(d) The plan may not propose financial or other support that
promotes, or provides for research for the incineration of tires.

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