Amended  IN  Senate  June 28, 2021
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 add Section Sections 42704.6 and 42704.7 to the Public Resources Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


AB 1035, as amended, Salas. 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 beginning January 1, 2025, 2023, a local agency that has jurisdiction over a street or highway, to the extent feasible, feasible and cost effective, 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 bill would require the department, beginning January 1, 2023, to consult with specified entities before updating its standard specifications for certain materials.
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.

 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 Beginning January 1, 2025, 2023, a local agency that has jurisdiction over a street or highway shall, to the extent feasible, feasible and cost effective, apply standard specifications that allow for the use of recycled materials in streets and highways. The
(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:

(1)

(A) Recycled base and subbase materials as set forth in Sections 25-1.02 and 26-1.02 of the department’s standard specifications.

(2)

(B) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the department’s standard specifications.

(3)

(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.

(c)

(d) For purposes of this section, the following definitions apply: “department” means the Department of Transportation.

(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.

 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. 2.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.