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

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Date Published: 04/05/2021 01:31 PM
AB1035:v98#DOCUMENT

Amended  IN  Assembly  April 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1035


Introduced by Assembly Member Salas
(Coauthor: Senator Skinner)

February 18, 2021


An act to amend Section 2030 of the Streets and Highways add Section 42704.6 to the Public Resources Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1035, as amended, Salas. Transportation: Road Maintenance and Rehabilitation Program: recycled material standards. Department of Transportation and local agencies: streets and highways: recycled materials.
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 the department and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to 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. The bill would require, on and after January 1, 2025, a local agency that has jurisdiction over a street or highway, to the extent feasible, to apply standard specifications that allow for the use of recycled materials in streets and highways, as specified. 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.

Existing law creates the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system. Existing law requires the Department of Transportation and cities and counties receiving funds under the program, to the extent possible and cost effective, and where feasible, to use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating the streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method.

This bill would delete the condition in that requirement imposed on the department and those cities and counties to use advanced technologies and material recycling techniques to the extent possible. The bill would require those cities and counties to apply standard specifications that allow for the use of recycled materials at or above the level allowed in the department’s most recently published standard specifications for recycled base and subbase materials, reclaimed asphalt pavement and other materials in asphalt, reclaimed aggregate, fly ash, returned plastic concrete, and other materials in concrete, and including any recycled materials that are published in the department’s future standard specifications, as specified.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


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) On and after January 1, 2025, a local agency that has jurisdiction over a street or highway shall, to the extent feasible, apply standard specifications that allow for the use of recycled materials in streets and highways. The standard specifications shall allow recycled materials at or above the level allowed in the department’s standard specifications for all of the following:
(1) Recycled base and subbase materials as set forth in Sections 25-1.02 and 26-1.02 of the department’s standard specifications.
(2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the department’s standard specifications.
(3) 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.
(c) For purposes of this section, the following definitions apply:
(1) “Department” means the Department of Transportation.
(2) “Department’s standard specifications” means the department’s most recently published standard specifications, including any future specifications for recycled materials that are published in the department’s standard specifications.

SEC. 2.

 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.
SECTION 1.Section 2030 of the Streets and Highways Code is amended to read:
2030.

(a)The Road Maintenance and Rehabilitation Program is hereby created to address deferred maintenance on the state highway system and the local street and road system. Funds made available by the program shall be prioritized for expenditure on basic road maintenance and road rehabilitation projects, and on critical safety projects.

(b)(1)Funds made available by the program shall be used for projects that include, but are not limited to, the following:

(A)Road maintenance and rehabilitation.

(B)Safety projects.

(C)Railroad grade separations.

(D)Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project.

(E)Traffic control devices.

(2)Funds made available by the program may also be used to satisfy a match requirement in order to obtain state or federal funds for projects authorized by this subdivision.

(c)To the extent feasible and cost effective, the department and cities and counties receiving funds under the program shall use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating the streets and highways, and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method. On and after January 1, 2022, the cities and counties shall, for purposes of this section, apply standard specifications that allow for the use of recycled materials. The standard specifications shall allow recycled materials at or above the level allowed in the department’s standard specifications for recycled base and subbase materials set forth in Sections 25-1.02 and 26-1.02, reclaimed asphalt pavement and other materials in asphalt set forth in Section 39-2.02B, reclaimed aggregate, fly ash, returned plastic concrete, and other materials in concrete set forth in Sections 90-1.02, 90-2.02, and 90-9, of the department’s most recently published standard specifications, and including any recycled materials that are published in the department’s future standard specifications.

(d)To the extent possible and cost effective, and where feasible, the department and cities and counties receiving funds under the program shall use advanced technologies and communications systems in transportation infrastructure that recognize and accommodate advanced automotive technologies that may include, but are not necessarily limited to, charging or fueling opportunities for zero-emission vehicles, and provision of infrastructure-to-vehicle communications for transitional or full autonomous vehicle systems.

(e)To the extent deemed cost effective, and where feasible, in the context of both the project scope and the risk level for the asset due to global climate change, the department and cities and counties receiving funds under the program shall include features in the projects funded by the program to better adapt the asset to withstand the negative effects of climate change and make the asset more resilient to impacts such as fires, floods, and sea level rise.

(f)To the extent beneficial, cost effective, and practicable in the context of facility type, right-of-way, project scope, and quality of nearby alternative facilities, and where feasible, the department and cities and counties receiving funds under the program shall incorporate complete street elements into projects funded by the program, including, but not limited to, elements that improve the quality of bicycle and pedestrian facilities and that improve safety for all users of transportation facilities.

(g)For purposes of funds directed to the State Highway Operation and Protection Program, the guidelines and reporting provisions shall be consistent with Section 14526.5 of the Government Code.

(h)Guidelines adopted by the commission to facilitate the allocation of funds in the account shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).