SECTIONS 42700-42703 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42700-42703

42700. 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.

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) The lifespan and durability of the pavement containing the
materials.
(2) The maintenance cost of the pavement containing the materials.
(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) 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.

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, 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, 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 of Business, Transportation and Housing
shall, on or before January 1, 2009, and on or before January 1
annually thereafter, 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 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.