Section § 42700

Explanation

The Director of Transportation in California, after consulting with the board, needs to review and adjust the requirements for buying paving and construction materials for roads to include recycled materials. This includes things like recycled asphalt, crushed concrete, and foundry slag. They also need to use recycled products like crumb rubber from tires, ash, and glass in these projects. However, the quality of the materials for roads and highways should not be compromised.

The Director of Transportation, upon consultation with the board, shall review and modify all bid specifications relating to the purchase of paving materials, and base, subbase, and pervious backfill materials, using recycled materials. The recycled materials shall include, but are not limited to, recycled asphalt pavement, crushed concrete subbase, foundry slag, asphalt flux produced from the reprocessing or re-refining of used oil, and paving materials utilizing recycled materials, including, but not limited to, crumb rubber from automobile tires, ash, and glass and glassy aggregates. The specifications shall be based on standards developed by the Department of Transportation for recycled paving materials and for recycled base, subbase, and pervious backfill materials. The standards and specifications shall provide for the use of recycled materials and shall not reduce the quality standards for highway and road construction.

Section § 42701

Explanation

This law requires California’s State Procurement Officer to prioritize buying paving and subbase materials that include recycled components, for use by the Department of Transportation and other state agencies. However, if the Director of Transportation finds these materials not cost-effective, they can be bypassed. Cost-effectiveness is determined by looking at how long the pavement lasts and the associated maintenance costs.

The requirement applies to contractors working with the Department of General Services or other state agencies as well. Recycled materials can include things like recycled asphalt, crushed concrete, and other items specified by the Department of Transportation’s standards.

(a)CA Public Resources Code § 42701(a) In purchasing any materials to be used in paving or paving subbase for use by the Department of Transportation and any other state agencies that provide construction and repair services, the State Procurement Officer shall contract for those items that utilize recycled materials in paving materials and base, subbase, and pervious backfill materials, unless the Director of Transportation determines that the use of the materials is not cost effective. In determining the cost-effectiveness of the materials subject to this section, the factors that the director shall consider include both of the following:
(1)CA Public Resources Code § 42701(a)(1) The lifespan and durability of the pavement containing the materials.
(2)CA Public Resources Code § 42701(a)(2) The maintenance cost of the pavement containing the materials.
(b)CA Public Resources Code § 42701(b) This section also applies to any person who contracts with the Department of General Services or with any other state agency to provide these construction and repair services.
(c)CA Public Resources Code § 42701(c) The recycled materials shall include, but are not limited to, recycled asphalt, crushed concrete subbase, foundry slag, and paving materials utilizing crumb rubber from automobile tires, ash, and glass and glassy aggregates. The specifications shall be based on the standards of the Department of Transportation for recycled paving materials and for recycled base, subbase, and pervious backfill materials.

Section § 42703

Explanation

This law requires California's Department of Transportation to use crumb rubber from recycled tires instead of other materials in asphalt for state highway projects. Starting January 1, 2007, the department must incorporate increasing amounts of crumb rubber each year. By 2013, the requirement is at least 11.58 pounds per metric ton of asphalt. These requirements are averaged statewide, so not every project must use asphalt with crumb rubber.

The Transportation Agency must annually analyze the cost differences between crumb rubber asphalt and regular asphalt. If crumb rubber asphalt doesn't cost more, increased use is mandated. Crumb rubber sourced must be from U.S.-derived waste tires, and the Department must coordinate with the East Bay Municipal Utility District when projects affect their infrastructure. Additionally, procedures should be developed for utilizing crumb rubber in other projects.

(a)CA Public Resources Code § 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)CA Public Resources Code § 42703(a)(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)CA Public Resources Code § 42703(a)(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)CA Public Resources Code § 42703(a)(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)Copy CA Public Resources Code § 42703(b)
(1)Copy CA Public Resources Code § 42703(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)CA Public Resources Code § 42703(b)(2) On and after January 1, 2007, and before January 1, 2015, not less than 50 percent of the asphalt pavement used to comply with the requirements of subdivision (a) shall be rubberized asphalt concrete.
(3)CA Public Resources Code § 42703(b)(3) On and after January 1, 2015, 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)Copy CA Public Resources Code § 42703(c)
(1)Copy CA Public Resources Code § 42703(c)(1) The Secretary of the Transportation Agency 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)CA Public Resources Code § 42703(c)(1)(A) The lifespan and duration of the asphalt materials.
(B)CA Public Resources Code § 42703(c)(1)(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)CA Public Resources Code § 42703(c)(1)(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)CA Public Resources Code § 42703(c)(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)CA Public Resources Code § 42703(c)(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)CA Public Resources Code § 42703(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)CA Public Resources Code § 42703(e) The Department of Transportation and the board shall develop procedures for using crumb rubber and other derived tire products in other projects.
(f)CA Public Resources Code § 42703(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)CA Public Resources Code § 42703(g) For purposes of this section the following definitions shall apply:
(1)CA Public Resources Code § 42703(g)(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)CA Public Resources Code § 42703(g)(2) “Crumb rubber” or “CRM” has the same meaning as defined in Section 42801.7.
(3)CA Public Resources Code § 42703(g)(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.

Section § 42704

Explanation

This law allows the California Department of Transportation to set rules for using up to 40% reclaimed asphalt pavement (RAP) in road construction materials by January 1, 2014. The department can also establish guidelines exceeding this percentage if they choose. By March 1, 2016, they should report to the Legislature on the progress made since 2011 in creating and using these specifications. The requirement to report became inactive on March 1, 2020.

(a)CA Public Resources Code § 42704(a) On or before January 1, 2014, the Department of Transportation may, with input from the Caltrans/Industry Rock Products Committee, establish specifications for the use of reclaimed asphalt pavement (RAP) of up to 40 percent for hot mix asphalt mixes.
(b)CA Public Resources Code § 42704(b) Subdivision (a) does not limit the authority of the Department of Transportation to establish specifications for the use of reclaimed asphalt pavement in amounts greater than 40 percent for hot mix asphalt mixes.
(c)Copy CA Public Resources Code § 42704(c)
(1)Copy CA Public Resources Code § 42704(c)(1) On or before March 1, 2016, the Department of Transportation shall submit a report to the Legislature in compliance with Section 9795 of the Government Code on its progress, since the year 2011, toward the development and implementation of the specifications for reclaimed asphalt pavement, as specified in subdivision (a).
(2)CA Public Resources Code § 42704(c)(2) This subdivision shall become inoperative on March 1, 2020, pursuant to Section 10231.5 of the Government Code.

Section § 42704.5

Explanation

By January 1, 2017, local agencies responsible for streets or highways in their area must either adopt state standards for using recycled paving and backfill materials or explain at a public hearing why they are not adopting these standards.

By January 1, 2017, a local agency that has jurisdiction over a street or highway shall do either of the following:
(a)CA Public Resources Code § 42704.5(a) Adopt the standards developed by the Department of Transportation pursuant to Section 42700 for recycled paving materials and for recycled base, subbase, and pervious backfill materials.
(b)CA Public Resources Code § 42704.5(b) Discuss at a regularly scheduled public hearing of the local agency’s legislative or other governing body why the standards are not being adopted.

Section § 42704.6

Explanation

This law encourages the use of advanced technologies and recycling in maintaining streets and highways, aiming to cut costs and reduce greenhouse gas emissions. From January 1, 2024, local agencies should use standard specifications that permit using recycled materials in road projects, provided it’s feasible and cost-effective. For three years, these specifications must allow recycled materials at or above levels set by the Department of Transportation's 2018 standards. This applies to materials like recycled base and subbase materials, reclaimed asphalt, and various recycled components in concrete.

The law does not apply to smaller jurisdictions, specifically cities with populations of 25,000 or fewer and counties with populations of 100,000 or fewer.

(a)CA Public Resources Code § 42704.6(a) To the extent feasible and cost effective, the department and a local agency that has jurisdiction over a street or highway shall use advanced technologies and material recycling techniques that reduce the cost of maintaining and rehabilitating streets and highways and that exhibit reduced levels of greenhouse gas emissions through material choice and construction method.
(b)CA Public Resources Code § 42704.6(b) Beginning January 1, 2024, a local agency that has jurisdiction over a street or highway shall, to the extent feasible and cost effective, apply standard specifications that allow for the use of recycled materials in streets and highways.
(c)CA Public Resources Code § 42704.6(c) Beginning January 1, 2024, and until January 1, 2027, the standard specifications described in subdivision (b) shall allow recycled 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)CA Public Resources Code § 42704.6(c)(1) Recycled base and subbase materials as set forth in Sections 25-1.02 and 26-1.02 of the department’s standard specifications.
(2)CA Public Resources Code § 42704.6(c)(2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the department’s standard specifications.
(3)CA Public Resources Code § 42704.6(c)(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)CA Public Resources Code § 42704.6(d) For purposes of this section, the following definitions apply:
(1)CA Public Resources Code § 42704.6(d)(1) “Department” means the Department of Transportation.
(2)CA Public Resources Code § 42704.6(d)(2) “Local agency that has jurisdiction over a street or highway” does not include any special district, any city whose population, 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.