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 1804 of the Streets and Highways Code, relating to streets and highways. add Chapter 3.5 (commencing with Section 3600) to Part 1 of Division 2 of the Public Contract Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


SB 1238, as amended, Hueso. City streets and highways. Road project contracts: preference: recycled plastics.
Existing law imposes various requirements with respect to contracting by state and local agencies. If fitness and quality are equal, existing law requires each state agency to purchase certain recycled products instead of nonrecycled products whenever recycled products are available at the same or lesser total cost than nonrecycled products. Existing law vests the Department of Transportation with full possession and control of the state highway system and associated real property.
This bill would require the department to conduct a study to determine if including recycled plastics in asphalt used for a construction and repair project of a state highway is feasible. If the department determines that this use of recycled plastics is feasible, the bill would require the department, when awarding a contract for a construction or repair project of a state highway, to award a preference of an unspecified percentage to a bidder who proposes to use asphalt that includes recycled plastics for the construction or repair project. The bill would declare it to be the goal of the state that, by 2045, the department and each local agency use asphalt that includes recycled plastics in every construction or repair project of a local road or state highway that will use asphalt.

Existing law authorizes the legislative body of a city to do any and all things necessary to lay out, acquire, and construct any section or portion of any street or highway within its jurisdiction as a freeway and to make any existing street or highway a freeway. Existing law authorizes a city to construct, maintain, and operate tunnels for street and highway purposes within and without the territorial boundaries of the city, and requires Department of Transportation approval for tunnels on state highways.

This bill would make a nonsubstantive change to the provision relating to the department’s approval.

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

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


SECTION 1.

 Chapter 3.5 (commencing with Section 3600) is added to Part 1 of Division 2 of the Public Contract Code, to read:
CHAPTER  3.5. Recycled Plastics Preference in Road Project Contracts

3600.
 For purposes of this chapter, “department” means the Department of Transportation.

3602.
 The department shall conduct a study to determine if including recycled plastics in asphalt used for a construction and repair project of a state highway is feasible.

3604.
 If the department determines that the use of recycled plastics is feasible in the study conducted pursuant to Section 3602, the department, when awarding a contract for a construction or repair project of a state highway, shall award a preference of ____ percent to a bidder who proposes to use asphalt that includes recycled plastics for the construction or repair project.

3606.
 It is the goal of the state that, by 2045, the department and each local agency use asphalt that includes recycled plastics in every construction or repair project of a local road or state highway that will use asphalt.

SECTION 1.Section 1804 of the Streets and Highways Code is amended to read:
1804.

Every city in the state may construct, maintain, and operate tunnels for street and highway purposes within and without the territorial boundaries of the city. As to any such tunnels on state highways, the approval of the department shall first be obtained.