Bill Text: CA AB1035 | 2021-2022 | Regular Session | Amended
Bill Title: Department of Transportation and local agencies: streets and highways: recycled materials.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2022-02-03 - Consideration of Governor's veto stricken from file. [AB1035 Detail]
Download: California-2021-AB1035-Amended.html
Amended
IN
Assembly
April 05, 2021 |
Introduced by Assembly Member Salas (Coauthor: Senator Skinner) |
February 18, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
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.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.(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).