BILL NUMBER: AB 2658 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Bocanegra
FEBRUARY 21, 2014
An act to amend Sections 42872.5 and 42885.5 of
Section 42703 of, and to add Section 42872.6 to, the
Public Resources Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 2658, as amended, Bocanegra. Recycling: waste tires: public
works projects.
(1) Existing law requires the Department of Transportation to
mandate the use of crumb rubber at a specified percentage, per metric
ton, of the total amount of asphalt paving materials used for state
highway construction or repair projects that use asphalt as a
construction material. Existing law specifies a schedule that
requires an increasing amount of asphalt paving materials containing
crumb rubber to be used per metric ton of the total amount of asphalt
paving materials. Existing law requires that, until January 1, 2015,
not less than 50% of the asphalt pavement used to comply with those
crumb rubber content requirements be rubberized asphalt concrete and
authorizes the department, after that date, to use any material
meeting the definition of asphalt containing crumb rubber to comply
with those requirements.
This bill would extend to January 1, 2020, the period during which
not less than 50% of the asphalt pavement is required to be
rubberized asphalt concrete to comply with the crumb rubber content
requirements, and would postpone until January 1, 2020, the
authorization for the department to use any material meeting the
definition of asphalt containing crumb rubber to comply with those
requirements.
The
(2) The existing California Tire
Recycling Act requires the Department of Resources Recycling and
Recovery to administer a tire recycling program , and
imposes a California tire fee on a new tire purchased in the
state. The revenue generated from the fee is deposited in the
California Tire Recycling Management Fund for expenditure, upon
appropriation by the Legislature, for the purposes of programs
related to waste tires, including grants to local government agencies
for public works projects that use waste tires. Existing
law makes the grant program inoperative on June 30, 2015, and repeals
the grant program on January 1, 2016. The act requires the
Department of Resources Recycling and Recovery to adopt a 5-year
plan, which is to be updated biennially, to establish goals and
priorities for waste tire programs.
This bill would delete the repeal of the grant program and would
make conforming changes with regard to the department's 5-year plan.
The bill would also require the department, when awarding
grants under the grant program, to give priority to
additionally authorize the department, when awarding grants pursuant
to the tire recycling program, to award grants for public works
projects that use waste tires to create parklets
, greenways, or both, that use tire-derived products and would
require the department, if it awards those grants, to give priority
for funding to those projects in disadvantaged communities, as
defined.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42703 of the Public
Resources Code is amended to read:
42703. (a) Except as provided in subdivision (d), the Department
of Transportation shall require the use of crumb rubber in lieu of
other materials at the following levels for state highway
construction or repair projects that use asphalt as a construction
material:
(1) On and after January 1, 2007, the Department of Transportation
shall use, on an annual average, not less than 6.62 pounds of CRM
per metric ton of the total amount of asphalt paving materials used.
(2) On and after January 1, 2010, the Department of Transportation
shall use, on an annual average, not less than 8.27 pounds of CRM
per metric ton of the total amount of asphalt paving materials used.
(3) On and after January 1, 2013, the Department of Transportation
shall use, on an annual average, not less than 11.58 pounds of CRM
per metric ton of the total amount of asphalt paving materials used.
(b) (1) The annual average use of crumb rubber required in
subdivision (a) shall be achieved on a statewide basis and shall not
require the use of asphalt containing crumb rubber in each individual
project or in a place where it is not feasible to use that material.
(2) On and after January 1, 2007, and before January 1,
2015, 2020, not less than 50 percent of the
asphalt pavement used to comply with the requirements of subdivision
(a) shall be rubberized asphalt concrete.
(3) On and after January 1, 2015, 2020,
the Department of Transportation may use any material meeting
the definition of asphalt containing crumb rubber, with respect to
product type or specification, to comply with the requirements of
subdivision (a).
(c) (1) The Secretary Transportation shall, on or before January 1
of each year, prepare an analysis comparing the cost differential
between asphalt containing crumb rubber and conventional asphalt. The
analysis shall include the cost of the quantity of asphalt product
needed per lane mile paved and, at a minimum, shall include all of
the following:
(A) The lifespan and duration of the asphalt materials.
(B) The maintenance cost of the asphalt materials and other
potential cost savings to the department, including, but not limited
to, reduced soundwall construction costs resulting from noise
reduction qualities of rubberized asphalt concrete.
(C) The difference between each type or specification of asphalt
containing crumb rubber, considering the cost-effectiveness of each
type or specification separately in comparison to the
cost-effectiveness of conventional asphalt paving materials.
(2) Notwithstanding subdivision (a), if, after completing the
analysis required by paragraph (1), the secretary determines that the
cost of asphalt containing crumb rubber exceeds the cost of
conventional asphalt, the Department of Transportation shall continue
to meet the requirement specified in paragraph (1) of subdivision
(a), and shall not implement the requirement specified in paragraph
(2) of subdivision (a). If the secretary determines, pursuant to an
analysis prepared pursuant to paragraph (1), that the cost of asphalt
containing crumb rubber does not exceed the cost of conventional
asphalt, the Department of Transportation shall implement paragraph
(2) of subdivision (a) within one year of that determination, but not
before January 1, 2010.
(3) Notwithstanding subdivision (a), if the Department of
Transportation delays the implementation of paragraph (2) of
subdivision (a), the Department of Transportation shall not implement
the requirement of paragraph (3) of subdivision (a) until three
years after the date the department implements paragraph (2) of
subdivision (a).
(d) For the purposes of complying with the requirements of
subdivision (a), only crumb rubber manufactured in the United States
that is derived from waste tires taken from vehicles owned and
operated in the United States may be used.
(e) The Department of Transportation and the board
Department of Resources Recycling and Recovery
shall develop procedures for using crumb rubber and other derived
tire products in other projects.
(f) The Department of Transportation shall notify and confer with
the East Bay Municipal Utility District before using asphalt
containing crumb rubber on a state highway construction or repair
project that overlays district infrastructure.
(g) For purposes of this section the following definitions shall
apply:
(1) "Asphalt containing crumb rubber" means any asphalt pavement
construction, rehabilitation, or maintenance material that contains
reclaimed tire rubber and that is specified for use by the Department
of Transportation.
(2) "Crumb rubber" or "CRM" has the same meaning as defined in
Section 42801.7.
(3) "Rubberized asphalt concrete" or "RAC" means a paving material
that uses an asphalt rubber binder containing an amount of reclaimed
tire rubber that is 15 percent or more by weight of the total blend,
and that meets other specifications for both the physical properties
of asphalt rubber and the application of asphalt rubber, as defined
in the American Society for Testing and Materials (ASTM) Standard
Specification for Asphalt-Rubber Binder.
SEC. 2. Section 42872.6 is added to the
Public Resources Code , to read:
42872.6. (a) (1) When awarding grants pursuant to Section 42872
to cities, counties, and other local government agencies for public
works projects that use tire-derived products, the department may, in
addition to any other authorized use of those funds, award grants
for public works projects that use tire-derived products, including
recycled tire lumber, to create parklets, greenways, or both.
(2) If the department awards grants pursuant to this section, the
department shall give priority to public works projects that use
tire-derived products to create parklets, greenways, or both, in
disadvantaged communities.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Disadvantaged community" means a community, as determined by
the department, with an annual median household income that is less
than 80 percent of the statewide median household income.
(2) "Greenway" means a travel corridor for pedestrians, bicycles,
nonmotorized vehicle transportation, recreation, or a combination
thereof, located along natural landscape features, such as an urban
watercourse.
(3) "Parklet" means a small urban park intended for people and
that provides amenities, including, but not limited to, seating,
tables, bicycle racks, and landscaping.
SECTION 1. Section 42872.5 of the Public
Resources Code is amended to read:
42872.5. (a) (1) In accordance with the conditions specified in
paragraph (2), the grants awarded pursuant to Section 42872 may be
made to cities, counties, and other local government agencies for the
funding of public works projects that use waste tires, including,
but not limited to, the use of rubberized asphalt concrete and
tire-derived aggregate.
(2) The department shall give priority, when awarding grants
pursuant to this section, to public works projects that use waste
tires to create parklets in disadvantaged communities.
(b) The grants described in subdivision (a) shall be funded by an
appropriation in the annual Budget Act from the California Tire
Recycling Management Fund established pursuant to Section 42885.
(c) In order to provide outreach to local agencies regarding the
use of rubberized asphalt concrete in public works projects, both of
the following shall occur:
(1) The department shall create, annually update, and post on its
Internet Web site a database of public works projects that use waste
tires that were completed by local agencies receiving grants for
purposes of this section.
(2) The department shall provide technical support to local
agencies on the design and application for using waste tires in
public works projects.
(d) For purposes of this section, the following terms have the
following meanings:
(1) "Disadvantaged community" means a community, as determined by
the department, with an annual median household income that is less
than 80 percent of the statewide median household income.
(2) "Parklet" means a small urban park intended for people and
that provides amenities, including, but not limited to, seating,
tables, bike racks, and landscaping.
SEC. 2. Section 42885.5 of the Public Resources
Code is amended to read:
42885.5. (a) The department shall adopt a five-year plan, which
shall be updated every two years, to establish goals and priorities
for the waste tire program and each program element.
(b) On or before July 1, 2001, and every two years thereafter, the
department shall submit the adopted five-year plan to the
appropriate policy and fiscal committees of the Legislature. The
department shall include in the plan, programmatic and fiscal issues
including, but not limited to, the hierarchy used by the department
to maximize productive uses of waste and used tires, and the
performance objectives and measurement criteria used by the
department to evaluate the success of its waste and used tire
recycling program. Additionally, the plan shall describe each program
element's effectiveness, based upon performance measures developed
by the department, including, but not limited to, the following:
(1) Enforcement and regulations relating to the storage of waste
and used tires.
(2) Cleanup, abatement, or other remedial action related to waste
tire stockpiles throughout the state.
(3) Research directed at promoting and developing alternatives to
the landfill disposal of waste tires.
(4) Market development and new technology activities for used
tires and waste tires.
(5) The waste and used tire hauler program, the registration of,
and reporting by, tire brokers, and the manifest system.
(6) A description of the grants, loans, contracts, and other
expenditures proposed to be made by the department under the tire
recycling program.
(7) The grant program authorized under Section 42872.5 to
encourage the use of waste tires, including, but not limited to,
rubberized asphalt concrete technology, in public works projects.
(8) Border region activities, conducted in coordination with the
California Environmental Protection Agency, including, but not
limited to, all of the following:
(A) Training programs to assist Mexican waste and used tire
haulers to meet the requirements for hauling those tires in
California.
(B) Environmental education training.
(C) Development of a waste tire abatement plan, with the
appropriate government entities of California and Mexico.
(D) Tracking both the legal and illegal waste and used tire flow
across the border and recommended revisions to the waste tire
policies of California and Mexico.
(E) Coordination with businesses operating in the border region
and with Mexico, with regard to applying the same environmental and
control requirements throughout the border region.
(F) Development of projects in Mexico in the California-Mexico
border region, as defined by the La Paz Agreement, that include, but
are not limited to, education, infrastructure, mitigation, cleanup,
prevention, reuse, and recycling projects, that address the movement
of used tires from California to Mexico that are eventually disposed
of in California.
(c) The department shall base the budget for the California Tire
Recycling Act and program funding on the plan.
(d) The plan may not propose financial or other support that
promotes, or provides for research for the incineration of tires.