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SB-405 Solid waste: reclaimed asphalt pavement: pilot project: the County of Los Angeles.(2019-2020)

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Date Published: 07/01/2019 09:00 PM
SB405:v95#DOCUMENT

Amended  IN  Assembly  July 01, 2019
Amended  IN  Senate  May 21, 2019
Amended  IN  Senate  April 29, 2019
Amended  IN  Senate  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 405


Introduced by Senator Archuleta
(Coauthors: Senators Nielsen and Portantino)

February 20, 2019


An act to add and repeal Article 3 (commencing with Section 42710) of Chapter 14 of Part 3 of Division 30 of the Public Resources Code, relating to solid waste.


LEGISLATIVE COUNSEL'S DIGEST


SB 405, as amended, Archuleta. Solid waste: reclaimed asphalt pavement: pilot project: the County of Los Angeles.
The California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, generally regulates the disposal, management, and recycling of solid waste. The act authorizes the Department of Transportation to establish specifications for the use of reclaimed asphalt pavement of up to 40% for hot mix asphalt mixes, and specifies that this authorization does not limit the authority of the Department of Transportation to establish specifications for this use of reclaimed asphalt pavement in amounts greater than 40%. The act required the Department of Transportation to submit a report to the Legislature, by March 1, 2016, on its progress, since the year 2011, toward the development and implementation of these specifications.
This bill would authorize the Department of Public Works of the County of Los Angeles to create a pilot project to demonstrate the viability of paving streets, roads, and highways with hot mix asphalt that is composed of between 85% and 100% reclaimed asphalt pavement (RAP). The bill would require the pilot project to be conducted on streets, roads, and highways in the county and would require specific project sites in the county to be determined by the appropriate and usual process of the county. The bill would require, upon creation of the pilot project, the Department of Public Works of the county to establish an evaluation team consisting of specified members to independently observe, document, and evaluate the pilot project. The bill would require the evaluation team to prepare specified documents, including a final report that includes all relevant pilot project information to be submitted to the Department of Transportation, specified committee chairs of the Legislature, and the Governor’s office. The bill would require the pilot project to be completed by December 31, 2022.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

The Legislature finds and declares both of the following:

(a)The State of California has longstanding policies intended to reduce waste and divert materials from landfills. During the course of street, road, and highway maintenance and repair, a significant amount of excess hot mix asphalt grindings is generated with only a small percentage being reused.

(b)The Legislature passed Senate Bill 1 (Chapter 5 of the Statutes of 2017) (hereafter SB 1) to provide funding of approximately one billion dollars ($1,000,000,000) annually for the sole and explicit purpose of street, road, and highway repair, maintenance, and rehabilitation. Given current construction costs and hot mix asphalt recycling rates, it is estimated that SB 1 funding will generate approximately four million tons annually of excess hot mix asphalt grindings, which may be processed into reclaimed asphalt pavement (RAP). This estimate is based on all of the following:

(1)Sixty percent of SB 1 funds, totaling six hundred million dollars ($600,000,000) annually, is for hot mix asphalt projects.

(2)Budgeting a conservative cost of one hundred twenty dollars ($120) per ton of hot mix asphalt furnished, delivered, and placed, the sum of six hundred million dollars ($600,000,000) would fund the cold plane removal of five million tons of existing hot mix asphalt from streets and highways.

(3)The current Greenbook specification, which is what the County of Los Angeles uses, for RAP per ton of hot mix asphalt is a maximum of 20 percent. If the SB 1 hot mix asphalt projects use the Greenbook specification of 20 percent RAP, this leaves four million tons of excess hot mix asphalt grindings annually.

SEC. 2.SECTION 1.

 Article 3 (commencing with Section 42710) is added to Chapter 14 of Part 3 of Division 30 of the Public Resources Code, to read:
Article  3. Reclaimed Asphalt Pavement Pilot Project

42710.
 For purposes of this article, the following definitions apply:
(a) “High RAP hot mix asphalt” means hot mix asphalt that is composed of between 85 percent and 100 percent reclaimed asphalt pavement.
(b) “RAP” means reclaimed asphalt pavement.
(c) “Virgin hot mix asphalt” means hot mix asphalt that does not contain any RAP and that is produced using either of the following components:
(1) Mined or quarried aggregate.
(2) Exclusively paving grade asphalt produced from a refinery.

42712.
 (a) The Department of Public Works of the County of Los Angeles may create a pilot project to demonstrate the viability of paving streets, roads, and highways with high RAP hot mix asphalt.
(b) The pilot project may include, but is not limited to, locations that consist of one or more of the following applications:
(1) Cold plane removal of existing hot mix asphalt pavement surface to a depth of between one and three inches, and the replacement of the removed depth of hot mix asphalt with a layer of between one and three inches of high RAP hot mix asphalt.
(2) Cold plane or micro mill removal of hot mix asphalt on residential streets and its replacement with an asphalt rubber aggregate membrane surfaced with a high RAP hot mix asphalt sand (sheet) mix, in which all aggregate passes through a sieve three-eighths of an inch in size.
(3) Other applications that can demonstrate additional uses and test the viability of high RAP hot mix asphalt.
(c) The pilot project shall be conducted on streets, roads, and highways in the County of Los Angeles. Specific project sites in the county shall be determined by the appropriate and usual process of the county.
(d) The pilot project shall be bid pursuant to paragraph (1) of subdivision (c) of Section 3400 of the Public Contract Code.

42714.
 Upon creation of the pilot project, the Department of Public Works of the County of Los Angeles (department) shall establish an evaluation team to independently observe, document, and evaluate the pilot project. The evaluation team shall consist of all of the following members, appointed by the department:
(a) A representative of the department, who shall serve as chair of the evaluation team.
(b) A representative with expertise in pavement engineering from the department, or another individual with similar qualifications, or both of those individuals.
(c) A faculty member from a regional university who has expertise in recycling, or another individual with similar qualifications, or both of those individuals.
(d) A faculty member from a regional university who has expertise in engineering, or another individual with similar qualifications, or both of those individuals.
(e) A faculty member from a regional university who has expertise in the emissions of greenhouse gases, or another individual with similar qualifications, or both of those individuals.

42716.
 (a) The evaluation team shall prepare all of the following:
(1) A written evaluation of the entirety of the pilot project. The written evaluation shall include, at a minimum, all of the following:
(A) The results of testing of the installed high RAP hot mix asphalt for air voids, voids mineral aggregate, binder content and binder grade, solvent extraction using a trichloroethylene solution for gradations, and moisture susceptibility using the methodology described in test T283 of the American Association of State Highway and Transportation Officials (AASHTO).
(B) The results of Hamburg Wheel Track testing using the methodology described in test T324 of the AASHTO.
(C) High RAP hot mix asphalt placement documentation, including, but not limited to, all of the following:
(i) High RAP hot mix asphalt production and laydown temperatures.
(ii) Pavement surface temperatures during application of high RAP hot mix asphalt.
(iii) Ambient temperatures during application of high RAP hot mix asphalt.
(D) Any other criteria the evaluation team deems necessary to fully document the manufacture and placement of the high RAP hot mix asphalt.
(2) A greenhouse gas study that documents the difference in emissions of greenhouse gases between the use of high RAP hot mix asphalt and the use of virgin hot mix asphalt. The comparison between the use of high RAP hot mix asphalt and virgin hot mix asphalt shall include, at a minimum, a comparison of the greenhouse gases emitted for all of the following activities for each hot mix asphalt type:
(A) Production at the hot mix asphalt plant.
(B) Mining of raw aggregates.
(C) Refining of oils.
(D) Transportation to production sites.
(3) (A) Full documentation, including still photographs and video of the preconstruction pavement conditions before any construction work, including, but not limited to, cold planing, is undertaken as part of the pilot project.
(B) Full documentation, including still photographs and video taken from the same location as the preconstruction photographs, of the finished quality of high RAP hot mix asphalt that is placed as part of the pilot project.
(b) The evaluation team shall prepare a single final report that includes all relevant pilot project information, including, but not limited to, the items prepared pursuant to subdivision (a). The evaluation team shall complete and submit the report to the Department of Transportation, the appropriate policy committee chairs and budget subcommittee chairs of the Legislature, and the Governor’s office, no later than six months after the formal acceptance by the County of Los Angeles of the completed pilot project.

42718.
 (a) A pilot project undertaken pursuant to this article shall be completed by December 31, 2022.
(b) This article shall remain in effect only until December 31, 2026, and as of that date is repealed.