8/22/22, 2:42 PM Bill Text - AB-2953 Department of Transportation and local agencies: streets and highways: recycled materials. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2953 1/2 ASSEMBLY BILL NO. 2953
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Date Published: 08/18/2022 09:00 PM
AB-2953 Department of Transportation and local agencies: streets and highways: recycled materials.(2
AMENDED IN SENATE AUGUST 18, 2022
AMENDED IN SENATE AUGUST 11, 2022
AMENDED IN ASSEMBLY MARCH 17, 2022
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
Introduced by Assembly Member Salas
February 18, 2022
An act to add Section 42704.6 to the Public Resources Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2953, 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 theDepartment of Resources Recycling and Recovery, to review and modify all bid specifications relating to the purchase of pavingmaterials and base, subbase, and pervious backfill materials using certain recycled materials. Existing law requires thespecifications to be based on standards developed by the Department of Transportation for recycled paving materials and forrecycled base, subbase, and pervious backfill materials. Existing law requires a local agency that has jurisdiction over a street orhighway to either adopt these standards developed by the Department of Transportation or to discuss at a public hearing whythe standards are not being adopted. Existing law requires the State Procurement Officer, when purchasing materials to be usedin paving or paving subbase for use by the Department of Transportation and any other state agency that provides roadconstruction and repair services, to contract for those items that use recycled material in those materials, unless the Director ofTransportation determines that the use of the materials is not cost effective.
This bill would require the Department of Transportation and a local agency that has jurisdiction over a street or highway, to theextent feasible and cost effective, to use advanced technologies and material recycling techniques that reduce the cost ofmaintaining and rehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions throughmaterial choice and construction method. The bill would require, beginning January 1, 2024, a local agency that has jurisdictionover a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use ofrecycled materials in streets and highways, as specified. The bill would exempt cities and counties whose populations do notexceed specified thresholds and special districts from these requirements. By increasing the duties of local agencies, this billwould impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by thestate. 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 HomeBill Information California LawPublicationsOther ResourcesMy SubscriptionsMy Favorites 8/22/22, 2:42 PM Bill Text - AB-2953 Department of Transportation and local agencies: streets and highways: recycled materials. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2953 2/2 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 orhighway shall use advanced technologies and material recycling techniques that reduce the cost of maintaining andrehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice andconstruction method. (b) Beginning January 1, 2024, a local agency that has jurisdiction over a street or highway shall, to the extent feasible andcost effective, apply standard specifications that allow for the use of recycled materials in streets and highways. (c) Beginning January 1, 2024, and until January 1, 2027, the standard specifications described in subdivision (b) shall allowrecycled materials at or above the level allowed in the department’s standard specifications that went into effect on October 22,2018, 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 standardspecifications. (2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the department’s standardspecifications. (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. (d) For purposes of this section, the following definitions apply:
(1) “Department” means the Department of Transportation. (2) “Local agency that has jurisdiction over a street or highway” does not include any special district, any city whosepopulation, according to the most recent census, is equal to or less than 25,000 people, or any county whose population,according to the most recent census, is equal to or less than 100,000 people.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement tolocal agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division4 of Title 2 of the Government Code.