Bill Text: CA AB956 | 2009-2010 | Regular Session | Amended
Bill Title: State Air Resources Board: pavement coatings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB956 Detail]
Download: California-2009-AB956-Amended.html
BILL NUMBER: AB 956 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Skinner
FEBRUARY 26, 2009
An act to add Section 14106 to the Government Code,
relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 956, as amended, Skinner. State Air Resources Board: pavement
coatings.
Existing law designates the State Air Resources Board as the
state agency responsible for the preparation of the state
implementation plan required by the federal Clean Air Act ,
and requires the state board to coordinate the activities of local
air districts to comply with the act .
This bill would state the intent of the Legislature to enact
legislation to require the State Air Resources Board to adopt
regulations on pavement coatings in order to reduce smog production
as a result of artificially increased temperatures.
Under existing law, the Department of Transportation has
jurisdiction over state highway construction, and may establish and
enforce standards for construction materials.
Under existing law, the State Procurement Officer, when purchasing
materials to be used by the Department of Transportation and other
state agencies for paving materials, is required to use recycled
materials unless it is determined that they are not cost effective.
This bill would require the Department of Transportation, no later
than January 1, 2011, to establish standards for the solar
reflectance of paved surfaces consistent with the specified criteria.
The bill would provide that, on and after January 1, 2012, the
department, any other state or local agency, and every other person,
when paving or repaving any surface, shall comply with the
requirements established by the department, and would provide that,
if a building permit from a local agency is required for the paving
of any surface that is subject to this requirement, that permit shall
not be issued unless the paving will be constructed in compliance
with this requirement. The bill would provide exception of specified
surfaces, including surfaces that do not have any substantial
exposure to the sun.
By imposing construction requirements on local agencies, and
imposing requirements for building permits, the 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 no reimbursement shall be made
pursuant to these statutory provisions for costs mandated by the
state pursuant to this act, but would recognize that local agencies
and school districts may pursue any available remedies to seek
reimbursement for these costs.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14106 is added to the
Government Code , to read:
14106. (a) No later than January 1, 2011, the department shall
establish standards for the solar reflectance of paved surfaces
consistent with the following criteria:
(1) All paved surfaces shall have an aged albedo of not less than
0.25.
(2) All asphalt surfaces shall meet the following requirements:
(A) Asphalt paved highways shall have an initial albedo of not
less than 0.22.
(B) Low-wear asphalt paved surfaces shall have an initial albedo
of not less than 0.25.
(3) All concrete paved surfaces shall comply with the following:
(A) Concrete paved highways shall have a initial albedo of not
less than 0.30.
(B) Low-wear concrete paved surfaces shall have an initial albedo
of not less than 0.27.
(C) The department may permit the use of a default solar
reflectance value of 0.30 for new concrete without added color
pigment instead of measurement.
(4) The requirements of this section shall not apply to any paved
surface that does not have any substantial exposure to the sun,
including, but not limited to, pavement located in tunnels, covered
parking facilities, and areas shaded by plants, structures,
geographical features, or a combination.
(5) The department may exempt a surface, such as green pavement,
from the requirements of this section if it provides equivalent
environmental benefits.
(6) A paved surface that complied with the requirements for
initial albedo shall be deemed to comply with this section.
(b) On and after January 1, 2012, the department, any other state
or local agency, and every other person shall, when paving or
repaving any surface, comply with the requirements established by the
department pursuant to this section.
(c) On and after January 1, 2012, if a building permit from a
local agency is required for the paving of any surface that is
subject to this section, that permit shall not be issued unless the
paving will be constructed in compliance with this section.
(d) Solar reflectance shall be measured in accordance with ASTM
E1918 or ASTM C1549.
(e) The department may adopt regulations to implement this
section.
(f) As used in this section:
(1) "Aged albedo" means the albedo of the surface after it has
been in use for one year.
(2) "Initial albedo" means the albedo of the surface at the time
it is first suitable for use.
(3) "Low-wear paved surfaces" means paved surfaces other than
those on a highway, including those on parking lots, playgrounds,
sidewalks, bike trails, and driveways.
SEC. 2. No reimbursement shall be made pursuant to
Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code for costs mandated by the state pursuant to this
act. It is recognized, however, that a local agency or school
district may pursue any remedies to obtain reimbursement available to
it under Part 7 (commencing with Section 17500) and any other
provisions of law.
SECTION 1. It is the intent of the Legislature
to enact legislation to require the State Air Resources Board to
adopt regulations on pavement coatings in order to reduce smog
production as a result of artificially increased temperatures.
