An act to amend Section 42704.6 of the Public Resources Code, relating to transportation.
Summary
AB 978 updates California law governing the use of recycled materials in street and highway construction by local agencies. The bill makes permanent a requirement that local agencies’ standard specifications allow recycled materials at a level no less than the California Department of Transportation’s specifications for certain materials, including recycled base and subbase, reclaimed asphalt pavement, and recycled materials in concrete. It also allows a bidder on a local contract to request an explanation if a local agency says it is not feasible to allow recycled materials at the state level, and requires the agency to respond by email.
The bill also removes an existing requirement that the Department of Transportation and local agencies use advanced technologies and material recycling techniques that reduce maintenance costs and greenhouse gas emissions, narrowing that portion of the statute while strengthening the recycled-materials specification requirement. The law continues to allow local agencies to exceed state recycling levels, and it excludes special districts and smaller cities and counties from the definition of covered local agencies. The bill includes a state-reimbursement provision if the Commission on State Mandates finds it creates reimbursable local costs.
Impact
AB 978 amends Public Resources Code Section 42704.6 and changes the obligations of local agencies with jurisdiction over streets and highways. It extends, indefinitely, a recycled-materials standard that had been scheduled to expire on January 1, 2027, and requires local specifications to keep pace with Caltrans standards for specified paving and concrete materials. By adding a bidder-request process for feasibility determinations, the bill increases administrative duties for affected local agencies and may create a state-mandated local program subject to reimbursement. It also removes a separate statutory directive concerning the use of advanced technologies and material recycling techniques tied to cost reduction and greenhouse gas emissions.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the legislative process. It advanced through committee and floor votes with unanimous or near-unanimous support, including multiple 0-0 committee votes and large bipartisan floor margins in both houses. Its placement on the consent calendar further suggests it was viewed as a routine policy update rather than a contested measure.
Contention
There is little evidence of major opposition in the available record. The main policy tension in the bill is between promoting the use of recycled materials in local road projects and preserving local discretion when such requirements are not feasible or cost-effective. The bill addresses that concern by retaining the feasibility/cost-effectiveness standard, exempting smaller jurisdictions and special districts, and allowing local agencies to justify lower recycling levels when they cannot meet Caltrans standards. Another potential point of concern is the state-mandated local program finding, since the bill adds duties for local agencies and may require reimbursement if costs are determined to be mandated by the state.
An act to add amend Section 12405 to 12203 of the Public Contract Code, and to amend Sections 42920 and 42926 of the Public Resources Code, relating to solid waste.
An act to amend Sections 51178 and 51181 of the Government Code, and to amend Sections 4202 and 4204 of the Public Resources Code, relating to land use.