Today's Law As Amended


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AB-1035 Department of Transportation and local agencies: streets and highways: recycled materials.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 42704.6 is added to the Public Resources Code, to read:

42704.6.
 (a) To the extent feasible and cost effective, the department and a local agency that has jurisdiction over a street or highway shall use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method.
(b) Beginning January 1, 2023, a local agency that has jurisdiction over a street or highway shall, to the extent feasible and cost effective, apply standard specifications that allow for the use of recycled materials in streets and highways.
(c) (1) Beginning January 1, 2023, and until January 1, 2026, the standard specifications described in subdivision (b) shall allow recycled materials at or above the level allowed in the department’s standard specifications that were in effect on October 22, 2018, for all of the following:
(A) Recycled base and subbase materials as set forth in Sections 25-1.02 and 26-1.02 of the department’s standard specifications.
(B) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the department’s standard specifications.
(C) Reclaimed aggregate, fly ash, returned plastic concrete, and other materials in concrete as set forth in Sections 90-1.02, 90-2.02 and 90-9 of the department’s standard specifications.
(2) Beginning January 1, 2026, and every three years thereafter, the standard specifications described in subdivision (b) shall allow recycled materials at or above the level allowed in the department’s standard specifications for the materials described in subparagraphs (A) to (C), inclusive, of paragraph (1) that were in effect in the year preceding the beginning of the applicable time period.
(d) For purposes of this section, “department” means the Department of Transportation.

SEC. 2.

 Section 42704.7 is added to the Public Resources Code, to read:

42704.7.
 Beginning January 1, 2023, the Department of Transportation shall consult with the Pavement and Materials Partnering Committee, the League of California Cities, and the California State Association of Counties before updating its standard specifications for the materials described in subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision (c) of Section 42704.6.
SEC. 3.
 If the Commission on State Mandates 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 Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.