Bill Text: CA AB1250 | 2023-2024 | Regular Session | Amended
Bill Title: Department of Transportation: low-carbon materials.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB1250 Detail]
Download: California-2023-AB1250-Amended.html
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Amended
IN
Senate
August 14, 2023 |
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Amended
IN
Senate
July 13, 2023 |
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Amended
IN
Senate
July 03, 2023 |
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Amended
IN
Senate
June 15, 2023 |
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Amended
IN
Assembly
March 16, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1250
| Introduced by Assembly Member Friedman |
February 16, 2023 |
An act to add Sections 99 and 99.1 to the Streets and Highways Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1250, as amended, Friedman.
Department of Transportation: low-carbon materials.
(1) Existing law establishes the Transportation Agency in state government with various duties and responsibilities. The agency is under the supervision of the Secretary of Transportation, who has the power of general supervision over specified departments and offices, including the Department of Transportation.
This bill would require the Secretary of Transportation, in consultation with the Director of Transportation, to submit a report to the Legislature that discusses, among other things, the global warming potential, as defined, associated with certain materials currently used in state transportation projects, alternative and emerging materials with lower carbon emissions or net-negative carbon emissions, and benchmarks
strategies for using materials with lower carbon materials. The bill would require the department to report to the Legislature annually on the department’s progress in meeting the benchmarks implementing the strategies described above.
(2) Existing law vests the department with the obligation to improve and maintain state highways, including all traversable highways that have been adopted or designated as state highways by the California Transportation Commission.
This bill would require the department to,
department,
no later than July 1, 2025, to require bidders on specified projects to submit an environmental product declaration, as defined, for the asphalt mixtures and concrete and asphalt used in the project. The bill would require the department to, no later than July 1,
2025, develop language for a model performance-based bid specification that includes a global warming potential benchmark for concrete and asphalt used in state projects. project and to report the quantity of asphalt mixture and concrete used in the project, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all the following:(a) The California Department of Transportation, one of the largest entity entities of its kind in the nation, is responsible for maintaining a complex transportation system that includes more than 50,000 state highway lane miles,
12,600 bridges, and thousands of related facilities.
(b) The department faces significant challenges in reducing the carbon emissions from its construction and maintenance of state transportation infrastructure.
(c) In order for the department to effectively accomplish this mission and to meet the state’s strategic goals on carbon reduction, carbon removal, and ultimately achieving and maintaining net-negative greenhouse gas emissions, it needs to establish public trust, which requires increased transparency, clear accountability, and effective performance measurement.
measurement are essential.
(d) Therefore, it is the intent of the Legislature for the department to identify the most carbon-intensive materials used in state transportation projects, identify the level of carbon emissions from those materials, identify lower carbon materials as potential replacements for those materials, including those commercially available today and transformational ultra low-carbon or negative-carbon materials under development for future commercial deployment, set benchmarks goals for the reduction of the overall
carbon performance of material used in state transportation projects, and then report this information to the Legislature each year.
SEC. 2.
Section 99 is added to the Streets and Highways Code, to read:99.
(a) On or before December 31, 2024, the Secretary of Transportation, in consultation with the Director of Transportation, shall submit a report to the Legislature discussing all the following:(1) The global warming potential, as defined in Section 99.1, associated with the following typical materials and mixes currently used in state transportation projects: asphalt mixtures, cement, concrete, and asphalt. and concrete.
(2) Alternative materials commercially available or in development with lower carbon emissions.
(3) Emerging alternative technologies or materials with the potential to achieve near-zero or net-negative carbon emissions associated with state transportation projects.
(4) The durability, safety, and maintenance requirements of the lower carbon materials compared to those in current use.
(5) Benchmarks Strategies for
adopting a low-carbon standard for materials used in state transportation projects.
(6) The estimated carbon emissions reduction that would result from using the low-carbon and emerging alternatives, based on comparable and consistent metrics regarding carbon emissions. emissions and performance.
(7) The steps the department is undertaking to spur the commercial availability of emerging near-zero or net-negative carbon emissions alternative technologies or materials.
(b) On or before December 31, 2025, and each year thereafter, the department shall report to
the Legislature on the department’s progress on meeting the benchmarks implementing the strategies described in paragraph (4) (5) of subdivision (a).
(c) A report to be submitted pursuant to subdivisions (a) and (b) shall be submitted in compliance with Section 9795 of the Government Code.
SEC. 3.
Section 99.1 is added to the Streets and Highways Code, to read:99.1.
(a) For purposes of this section, the following definitions apply:(1) “Eligible project” means a project that meets or exceeds the size threshold determined by the department for different materials and applications. The department shall determine the project size threshold by using a number of projects and environmental product declarations that would result in a representative industrywide average. The department shall not consider emergency work in determining the project size threshold. Emergency work shall
not be considered an eligible project.
(2) “Facility-specific” means a product-specific environmental product declaration in which the environmental impacts can be attributed to a single manufacturer and manufacturing facility. For purposes of this paragraph, if multiple manufacturing plants are located at the same location, each plant shall be considered a separate facility.
(2)
(3) “Global warming potential” or “GWP” means the CO2e of a material as reported in an environmental product declaration.
(3)
(4) “Performance-based bid specifications” means both of the following:
(A) For concrete, a specification based on clearly defined performance indicators that provide flexibility in the concrete mixture proportions and that may include
greenhouse gas emissions, verified, and measured by standard test methods with defined acceptance criteria stated in contract documents.
(B) For asphalt, asphalt mixtures, an asphalt balanced mixed design (BMD) that is an asphalt mix design using performance tests on appropriately conditioned specimens that address multiple modes of distress, taking into consideration mix aging, traffic, climate, and location within the pavement structure in conformance with the American Association of State Transportation Officials (AASHTO) PP 105-20 (2022), inclusive of perpetual pavement.
(5) “Product-specific” means an environmental product declaration that represents the impact for a specific product and manufacturer across multiple facilities.
(4)
(6) “Supply chain-specific” means a product-specific facility-specific environmental product declaration that
uses supply chain-specific
specific data in the lifecycle life-cycle assessment to model the impacts of key
model for any production processes upstream in a product’s supply chain that contribute to 80 70 percent or more of a product’s cradle-to-gate global warming potential, as defined in ISO standard 21930, and reports the overall percentage of supply chain-specific data included, as available. 21930.
(5)
(7) “Valid environmental product declaration” means all either of the following:
(A) A supply chain-specific type III environmental product declaration, as defined by International Organization for Standardization (ISO) standard 14025, or similarly robust life cycle life-cycle assessment
methods that have uniform standards in data collection consistent with ISO standard 14025, industry acceptance, and integrity.
(B) A facility-specific environmental product declaration if a
supply chain-specific type III environmental product declaration, as described in paragraph (A), is not feasible.
(C)A valid, current product-specific type III environmental product declaration created under a current product category rule, provided the environmental product declaration has not expired.
(b) No later than July 1, 2025, consistent with the availability of two hundred fifty million dollars ($250,000,000) through the federal Inflation Reduction Act, and to support the development of environmental product declarations, the department shall require bidders to eligible projects to submit a valid environmental
product declaration for the asphalt mixtures and concrete and asphalt used in the project, and the quantity of asphalt mixtures and concrete used, reported in weight for asphalt mixtures and volume and weight for concrete, where asphalt mixtures or concrete or asphalt is the end product.
(c)No later than July 1, 2025, the department shall develop language for a model performance-based bid specification that includes a global warming potential benchmark for
concrete and asphalt used in state projects. The global warming potential benchmark may be based on the product’s region, or other appropriate distinctions and metrics for the material, as determined by the department. The department may consult publicly available data, as well as data already collected on a voluntary basis, to establish an initial global warming potential benchmark.
