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SB-1238 Department of Transportation: highways and roads: recycled plastics study and specifications.(2019-2020)

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Date Published: 06/18/2020 09:00 PM
SB1238:v96#DOCUMENT

Amended  IN  Senate  June 18, 2020
Amended  IN  Senate  May 22, 2020
Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1238


Introduced by Senator Hueso

February 20, 2020


An act to amend Section 42704.5 of, and to add Section 42704.3 to, the Public Resources Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


SB 1238, as amended, Hueso. Department of Transportation: highways and roads: recycled plastics study and specifications.
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 paving materials and base, subbase, and pervious backfill materials using certain recycled materials. Existing law requires the specifications to 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 a local agency that has jurisdiction over a street or highway to either adopt these standards developed by the Department of Transportation or to discuss at a public hearing why the standards are not being adopted. Existing law requires the State Procurement Officer, when purchasing materials to be used in paving or paving subbase for use by the Department of Transportation and any other state agency that provides road construction and repair services, to contract for those items that use recycled material in those materials, unless the Director of Transportation determines that the use of the materials is not cost effective.
This bill would require authorize the department to conduct a study to assess the feasibility, cost effectiveness, and life-cycle environmental benefits of including recycled plastics in asphalt used as a paving material in the construction, maintenance, or rehabilitation of a highway or road. If the department determines that this use of recycled plastics is feasible and that recycled plastics can be included in asphalt in a manner that is cost effective and provides life-cycle environmental benefits, the bill would authorize the department to establish specifications for including recycled plastics in asphalt used as a paving material in the construction, maintenance, and rehabilitation of a highway or road. The bill would require the department to submit a report to the Legislature, by March 1, 2023, prepare and submit, on or before January 1 of each year, commencing January 1, 2022, an analysis to the Assembly Committee on Transportation and the Senate Committee on Transportation on its progress studying recycled plastics and its progress toward establishing specifications for recycled plastics, as described above. The bill would require a local agency that has jurisdiction over a street or highway to either adopt the specifications established by the Department of Transportation or discuss at a public hearing why the specifications are not being adopted. By increasing the duties of local agencies, 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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The Legislature enacted Assembly Bill 341 in 2011 (Chapter 476 of the Statutes of 2011), which established a new statewide goal of 75% recycling through source reduction, recycling, and composting by 2020.
(b) The state is facing a crisis due to international dynamics that have critically impacted the state’s traditional recycling markets.
(c) This crisis comes at a time when recycling rates have been dropping around the country. The Department of Resources Recycling and Recovery recently announced that the state’s recycling rate has hit a new low of 40%, far short of the 75% goal set by the state.
(d) The environmental and public health impacts of plastic pollution are devastating and the environmental externalities and public costs of cleaning up and mitigating plastic pollution are already staggering and continue to grow.
(e) As the 5th largest economy in the world, the state has a responsibility to lead on solutions to the growing plastic pollution crisis, and to lead in the reduction of unnecessary waste generally.
(f) Municipalities across the world have experimented with the inclusion of recycled plastics in asphalt used for road construction and repair projects.
(g) In 2012, the City of Vancouver, in Canada, reported the use of blue box recycled plastics as an asphalt wax additive.
(h) In 2015, the City of Rotterdam, in the Netherlands, announced its plan to factory produce recycled plastic segments for road construction.
(i) In 2019, the first road in the United States using recycled plastic in its asphalt mix was placed at the University of California, San Diego.
(j) If the state learns that including recycling plastics in asphalt used for road construction and repair is viable, the state may be able to successfully mitigate one of the most pressing environmental issues while simultaneously improving road conditions.

SEC. 2.

 Section 42704.3 is added to the Public Resources Code, to read:

42704.3.
 (a) The Department of Transportation shall may conduct a study to assess the feasibility, cost effectiveness, as described in subdivision (a) of Section 42701, and life-cycle environmental benefits benefits, including, but not limited to, the recyclability of asphalt containing recycled plastics, of including recycled plastics in asphalt used as a paving material in the construction, maintenance, or rehabilitation of a highway or road.
(b) If the department determines in the study conducted pursuant to subdivision (a) that including recycled plastics in asphalt is feasible and that recycled plastics can be included in asphalt in a manner that is cost effective and provides life-cycle environmental benefits, the department may establish specifications for including recycled plastics in asphalt used as a paving material in the construction, maintenance, or rehabilitation of a highway or road.
(c) (1)On or before March 1, 2023, the Department of Transportation shall submit a report to the Legislature in compliance with Section 9795 of the Government Code The department shall, on or before January 1 of each year, commencing January 1, 2022, prepare an analysis on its progress studying recycled plastics, as specified in subdivision (a), and its progress, if applicable, toward establishing the specifications for recycled plastics, as specified in subdivision (b). The department shall, on or before January 1 of each year, submit the analysis to the Assembly Committee on Transportation and the Senate Committee on Transportation.

(2)This subdivision shall become inoperative on March 1, 2027, pursuant to Section 10231.5 of the Government Code.

SEC. 3.

 Section 42704.5 of the Public Resources Code is amended to read:

42704.5.
 A local agency that has jurisdiction over a street or highway shall do either of the following:
(a) Adopt both of the following:
(1) The standards developed by the Department of Transportation pursuant to Section 42700 for recycled paving materials and for recycled base, subbase, and pervious backfill materials.
(2) The specifications established by the Department of Transportation pursuant to Section 42704.3 for including recycled plastics in asphalt.
(b) Discuss at a regularly scheduled public hearing of the local agency’s legislative or other governing body why the standards or specifications are not being adopted.

SEC. 4.

 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.