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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 978Introduced by Assembly Member HooverFebruary 20, 2025 An act to amend Section 42704.6 of the Public Resources Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 978, as introduced, Hoover. 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 the Department of Resources Recycling and Recovery, to review and modify all bid specifications relating to the purchase of paving materials and base, subbase, and pervious backfill materials using certain recycled materials. Existing law requires the specifications to be based on standards developed by the Department of Transportation for recycled paving materials and for recycled base, subbase, and pervious backfill materials.Existing law requires a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways, except as provided. Existing law requires, until January 1, 2027, those standard specifications to allow recycled materials at or above the level allowed in the departments standard specifications that went into effect on October 22, 2018, for specified materials.This bill would eliminate the feasibility and cost-effectiveness provision described above and would indefinitely require a local governments standard specifications to allow recycled materials at a level no less than the level allowed in the departments specifications for those specified materials. By increasing the duties of local agencies, the bill would impose a state-mandated local program.Existing law requires the Department of Transportation and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to 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.This bill would eliminate this requirement.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42704.6 of the Public Resources Code is amended to read: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)Beginning January 1, 2024, a 42704.6. (a) A local agency that has jurisdiction over a street or highway shall, to the extent feasible and cost effective, shall 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(b) The standard specifications described in subdivision (b) (a) shall allow recycled materials at or above the a level no less than the level allowed in the departments standard specifications that went into effect on October 22, 2018, specifications, as those standard specifications may be amended or updated from time to time, 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 departments standard specifications.(2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the departments standard specifications.(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 departments standard specifications.(c) This section does not prohibit a local agency that has jurisdiction over a street or highway from exceeding the maximum level allowed in the departments standard specifications for the use of materials described in subdivision (b).(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 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.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 978Introduced by Assembly Member HooverFebruary 20, 2025 An act to amend Section 42704.6 of the Public Resources Code, relating to transportation. LEGISLATIVE COUNSEL'S DIGESTAB 978, as introduced, Hoover. 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 the Department of Resources Recycling and Recovery, to review and modify all bid specifications relating to the purchase of paving materials and base, subbase, and pervious backfill materials using certain recycled materials. Existing law requires the specifications to be based on standards developed by the Department of Transportation for recycled paving materials and for recycled base, subbase, and pervious backfill materials.Existing law requires a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways, except as provided. Existing law requires, until January 1, 2027, those standard specifications to allow recycled materials at or above the level allowed in the departments standard specifications that went into effect on October 22, 2018, for specified materials.This bill would eliminate the feasibility and cost-effectiveness provision described above and would indefinitely require a local governments standard specifications to allow recycled materials at a level no less than the level allowed in the departments specifications for those specified materials. By increasing the duties of local agencies, the bill would impose a state-mandated local program.Existing law requires the Department of Transportation and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to 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.This bill would eliminate this requirement.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly April 01, 2025 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly April 01, 2025 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 978 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member HooverFebruary 20, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Hoover | |
| 18 | 18 | February 20, 2025 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 42704.6 of the Public Resources Code, relating to transportation. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 978, as | |
| 26 | + | AB 978, as introduced, Hoover. Department of Transportation and local agencies: streets and highways: recycled materials. | |
| 27 | 27 | ||
| 28 | - | The California Integrated Waste Management Act of 1989 requires the Director of Transportation, upon consultation with the Department of Resources Recycling and Recovery, to review and modify all bid specifications relating to the purchase of paving materials and base, subbase, and pervious backfill materials using certain recycled materials. Existing law requires the specifications to be based on standards developed by the Department of Transportation for recycled paving materials and for recycled base, subbase, and pervious backfill materials.Existing law requires a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways, except as provided. Existing law requires, until January 1, 2027, those standard specifications to allow recycled materials at or above the level allowed in the departments standard specifications that went into effect on October 22, 2018, for specified materials.This bill would eliminate the feasibility and cost-effectiveness provision described above and would indefinitely require a local governments standard specifications to allow recycled materials at a level no less than the level allowed in the departments specifications for those specified materials. | |
| 28 | + | The California Integrated Waste Management Act of 1989 requires the Director of Transportation, upon consultation with the Department of Resources Recycling and Recovery, to review and modify all bid specifications relating to the purchase of paving materials and base, subbase, and pervious backfill materials using certain recycled materials. Existing law requires the specifications to be based on standards developed by the Department of Transportation for recycled paving materials and for recycled base, subbase, and pervious backfill materials.Existing law requires a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways, except as provided. Existing law requires, until January 1, 2027, those standard specifications to allow recycled materials at or above the level allowed in the departments standard specifications that went into effect on October 22, 2018, for specified materials.This bill would eliminate the feasibility and cost-effectiveness provision described above and would indefinitely require a local governments standard specifications to allow recycled materials at a level no less than the level allowed in the departments specifications for those specified materials. By increasing the duties of local agencies, the bill would impose a state-mandated local program.Existing law requires the Department of Transportation and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to 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.This bill would eliminate this requirement.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. 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. | |
| 29 | 29 | ||
| 30 | 30 | The California Integrated Waste Management Act of 1989 requires the Director of Transportation, upon consultation with the Department of Resources Recycling and Recovery, to review and modify all bid specifications relating to the purchase of paving materials and base, subbase, and pervious backfill materials using certain recycled materials. Existing law requires the specifications to be based on standards developed by the Department of Transportation for recycled paving materials and for recycled base, subbase, and pervious backfill materials. | |
| 31 | 31 | ||
| 32 | 32 | Existing law requires a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to apply standard specifications that allow for the use of recycled materials in streets and highways, except as provided. Existing law requires, until January 1, 2027, those standard specifications to allow recycled materials at or above the level allowed in the departments standard specifications that went into effect on October 22, 2018, for specified materials. | |
| 33 | 33 | ||
| 34 | - | This bill would eliminate the feasibility and cost-effectiveness provision described above and would indefinitely require a local governments standard specifications to allow recycled materials at a level no less than the level allowed in the departments specifications for those specified materials. | |
| 34 | + | This bill would eliminate the feasibility and cost-effectiveness provision described above and would indefinitely require a local governments standard specifications to allow recycled materials at a level no less than the level allowed in the departments specifications for those specified materials. By increasing the duties of local agencies, the bill would impose a state-mandated local program. | |
| 35 | 35 | ||
| 36 | 36 | Existing law requires the Department of Transportation and a local agency that has jurisdiction over a street or highway, to the extent feasible and cost effective, to 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. | |
| 37 | 37 | ||
| 38 | 38 | This bill would eliminate this requirement. | |
| 39 | 39 | ||
| 40 | 40 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 41 | 41 | ||
| 42 | 42 | 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. | |
| 43 | 43 | ||
| 44 | 44 | ## Digest Key | |
| 45 | 45 | ||
| 46 | 46 | ## Bill Text | |
| 47 | 47 | ||
| 48 | - | The people of the State of California do enact as follows:SECTION 1. Section 42704.6 of the Public Resources Code is amended to read:42704.6. (a) A local agency that has jurisdiction over a street or highway shall | |
| 48 | + | The people of the State of California do enact as follows:SECTION 1. Section 42704.6 of the Public Resources Code is amended to read: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)Beginning January 1, 2024, a 42704.6. (a) A local agency that has jurisdiction over a street or highway shall, to the extent feasible and cost effective, shall 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(b) The standard specifications described in subdivision (b) (a) shall allow recycled materials at or above the a level no less than the level allowed in the departments standard specifications that went into effect on October 22, 2018, specifications, as those standard specifications may be amended or updated from time to time, 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 departments standard specifications.(2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the departments standard specifications.(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 departments standard specifications.(c) This section does not prohibit a local agency that has jurisdiction over a street or highway from exceeding the maximum level allowed in the departments standard specifications for the use of materials described in subdivision (b).(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 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.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 49 | 49 | ||
| 50 | 50 | The people of the State of California do enact as follows: | |
| 51 | 51 | ||
| 52 | 52 | ## The people of the State of California do enact as follows: | |
| 53 | 53 | ||
| 54 | - | SECTION 1. Section 42704.6 of the Public Resources Code is amended to read:42704.6. (a) A local agency that has jurisdiction over a street or highway shall | |
| 54 | + | SECTION 1. Section 42704.6 of the Public Resources Code is amended to read: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)Beginning January 1, 2024, a 42704.6. (a) A local agency that has jurisdiction over a street or highway shall, to the extent feasible and cost effective, shall 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(b) The standard specifications described in subdivision (b) (a) shall allow recycled materials at or above the a level no less than the level allowed in the departments standard specifications that went into effect on October 22, 2018, specifications, as those standard specifications may be amended or updated from time to time, 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 departments standard specifications.(2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the departments standard specifications.(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 departments standard specifications.(c) This section does not prohibit a local agency that has jurisdiction over a street or highway from exceeding the maximum level allowed in the departments standard specifications for the use of materials described in subdivision (b).(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 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. | |
| 55 | 55 | ||
| 56 | 56 | SECTION 1. Section 42704.6 of the Public Resources Code is amended to read: | |
| 57 | 57 | ||
| 58 | 58 | ### SECTION 1. | |
| 59 | 59 | ||
| 60 | - | 42704.6. (a) A local agency that has jurisdiction over a street or highway shall shall, to the extent feasible and cost effective, apply standard specifications that allow for the use of recycled materials in streets and highways.(b) If a local agencys standard specifications do not allow for the use of recycled materials at a level that is equal to or greater than the level allowed in the departments standard specifications, as described in subdivision (c), on the basis that the use of those recycled materials at those levels is not feasible, the local agency shall provide the reason for that determination upon request.(b)(c) The standard specifications described in subdivision (a) shall allow recycled materials at a level no less than the level allowed in the departments standard specifications, as those standard specifications may be amended or updated from time to time, 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 departments standard specifications.(2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the departments standard specifications.(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 departments standard specifications.(c)(d) This section does not prohibit a local agency that has jurisdiction over a street or highway from exceeding the maximum level allowed in the departments standard specifications for the use of materials described in subdivision (b). (c).(d)(e) 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 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. | |
| 61 | - | ||
| 62 | - | 42704.6. (a) A local agency that has jurisdiction over a street or highway shall shall, to the extent feasible and cost effective, apply standard specifications that allow for the use of recycled materials in streets and highways.(b) If a local agencys standard specifications do not allow for the use of recycled materials at a level that is equal to or greater than the level allowed in the departments standard specifications, as described in subdivision (c), on the basis that the use of those recycled materials at those levels is not feasible, the local agency shall provide the reason for that determination upon request.(b)(c) The standard specifications described in subdivision (a) shall allow recycled materials at a level no less than the level allowed in the departments standard specifications, as those standard specifications may be amended or updated from time to time, 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 departments standard specifications.(2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the departments standard specifications.(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 departments standard specifications.(c)(d) This section does not prohibit a local agency that has jurisdiction over a street or highway from exceeding the maximum level allowed in the departments standard specifications for the use of materials described in subdivision (b). (c).(d)(e) 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 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. | |
| 63 | - | ||
| 64 | - | 42704.6. (a) A local agency that has jurisdiction over a street or highway shall shall, to the extent feasible and cost effective, apply standard specifications that allow for the use of recycled materials in streets and highways.(b) If a local agencys standard specifications do not allow for the use of recycled materials at a level that is equal to or greater than the level allowed in the departments standard specifications, as described in subdivision (c), on the basis that the use of those recycled materials at those levels is not feasible, the local agency shall provide the reason for that determination upon request.(b)(c) The standard specifications described in subdivision (a) shall allow recycled materials at a level no less than the level allowed in the departments standard specifications, as those standard specifications may be amended or updated from time to time, 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 departments standard specifications.(2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the departments standard specifications.(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 departments standard specifications.(c)(d) This section does not prohibit a local agency that has jurisdiction over a street or highway from exceeding the maximum level allowed in the departments standard specifications for the use of materials described in subdivision (b). (c).(d)(e) 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 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. | |
| 60 | + | 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)Beginning January 1, 2024, a 42704.6. (a) A local agency that has jurisdiction over a street or highway shall, to the extent feasible and cost effective, shall 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(b) The standard specifications described in subdivision (b) (a) shall allow recycled materials at or above the a level no less than the level allowed in the departments standard specifications that went into effect on October 22, 2018, specifications, as those standard specifications may be amended or updated from time to time, 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 departments standard specifications.(2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the departments standard specifications.(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 departments standard specifications.(c) This section does not prohibit a local agency that has jurisdiction over a street or highway from exceeding the maximum level allowed in the departments standard specifications for the use of materials described in subdivision (b).(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 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. | |
| 65 | 61 | ||
| 66 | 62 | ||
| 67 | 63 | ||
| 68 | - | 42704.6. (a) A local agency that has jurisdiction over a street or highway shall shall, to the extent feasible and cost effective, apply standard specifications that allow for the use of recycled materials in streets and highways. | |
| 69 | - | ||
| 70 | - | (b) If a local agencys standard specifications do not allow for the use of recycled materials at a level that is equal to or greater than the level allowed in the departments standard specifications, as described in subdivision (c), on the basis that the use of those recycled materials at those levels is not feasible, the local agency shall provide the reason for that determination upon request. | |
| 71 | - | ||
| 72 | - | (b) | |
| 64 | + | (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. | |
| 73 | 65 | ||
| 74 | 66 | ||
| 75 | 67 | ||
| 76 | - | (c) The standard specifications described in subdivision (a) shall allow recycled materials at a level no less than the level allowed in the departments standard specifications, as those standard specifications may be amended or updated from time to time, for all of the following: | |
| 68 | + | (b)Beginning January 1, 2024, a | |
| 69 | + | ||
| 70 | + | ||
| 71 | + | ||
| 72 | + | 42704.6. (a) A local agency that has jurisdiction over a street or highway shall, to the extent feasible and cost effective, shall 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(b) The standard specifications described in subdivision (b) (a) shall allow recycled materials at or above the a level no less than the level allowed in the departments standard specifications that went into effect on October 22, 2018, specifications, as those standard specifications may be amended or updated from time to time, 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 departments standard specifications.(2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the departments standard specifications.(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 departments standard specifications.(c) This section does not prohibit a local agency that has jurisdiction over a street or highway from exceeding the maximum level allowed in the departments standard specifications for the use of materials described in subdivision (b).(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 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. | |
| 73 | + | ||
| 74 | + | 42704.6. (a) A local agency that has jurisdiction over a street or highway shall, to the extent feasible and cost effective, shall 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(b) The standard specifications described in subdivision (b) (a) shall allow recycled materials at or above the a level no less than the level allowed in the departments standard specifications that went into effect on October 22, 2018, specifications, as those standard specifications may be amended or updated from time to time, 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 departments standard specifications.(2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the departments standard specifications.(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 departments standard specifications.(c) This section does not prohibit a local agency that has jurisdiction over a street or highway from exceeding the maximum level allowed in the departments standard specifications for the use of materials described in subdivision (b).(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 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. | |
| 75 | + | ||
| 76 | + | ||
| 77 | + | ||
| 78 | + | 42704.6. (a) A local agency that has jurisdiction over a street or highway shall, to the extent feasible and cost effective, shall apply standard specifications that allow for the use of recycled materials in streets and highways. | |
| 79 | + | ||
| 80 | + | (c)Beginning January 1, 2024, and until January 1, 2027, the | |
| 81 | + | ||
| 82 | + | ||
| 83 | + | ||
| 84 | + | (b) The standard specifications described in subdivision (b) (a) shall allow recycled materials at or above the a level no less than the level allowed in the departments standard specifications that went into effect on October 22, 2018, specifications, as those standard specifications may be amended or updated from time to time, for all of the following: | |
| 77 | 85 | ||
| 78 | 86 | (1) Recycled base and subbase materials as set forth in Sections 25-1.02 and 26-1.02 of the departments standard specifications. | |
| 79 | 87 | ||
| 80 | 88 | (2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the departments standard specifications. | |
| 81 | 89 | ||
| 82 | 90 | (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 departments standard specifications. | |
| 83 | 91 | ||
| 84 | - | (c) | |
| 92 | + | (c) This section does not prohibit a local agency that has jurisdiction over a street or highway from exceeding the maximum level allowed in the departments standard specifications for the use of materials described in subdivision (b). | |
| 85 | 93 | ||
| 86 | - | ||
| 87 | - | ||
| 88 | - | (d) This section does not prohibit a local agency that has jurisdiction over a street or highway from exceeding the maximum level allowed in the departments standard specifications for the use of materials described in subdivision (b). (c). | |
| 89 | - | ||
| 90 | - | (d) | |
| 91 | - | ||
| 92 | - | ||
| 93 | - | ||
| 94 | - | (e) For purposes of this section, the following definitions apply: | |
| 94 | + | (d) For purposes of this section, the following definitions apply: | |
| 95 | 95 | ||
| 96 | 96 | (1) Department means the Department of Transportation. | |
| 97 | 97 | ||
| 98 | 98 | (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. | |
| 99 | 99 | ||
| 100 | 100 | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 101 | 101 | ||
| 102 | 102 | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 103 | 103 | ||
| 104 | 104 | SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 105 | 105 | ||
| 106 | 106 | ### SEC. 2. |