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Cal. Pub. Res. Code § 42704.6

Recycled Materials

Redline — January 1, 2023 → current.View current text →
Current — January 1, 2025
As of January 1, 2023
(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.
(a) 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.
(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) 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) Recycled base and subbase materials as set forth in Sections 25-1.02 and 26-1.02 of the department’s standard specifications. (2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the department’s 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 department’s standard specifications.
(b) The standard specifications described in subdivision (a) shall allow recycled materials at a level no less than the level allowed in the department’s 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 department’s standard specifications. (2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the department’s 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 department’s standard specifications.
(c) If a local agency’s 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 department’s standard specifications, as described in subdivision (b), on the basis that the use of those recycled materials at those levels is not feasible, a person bidding on a contract advertised by the local agency to supply materials subject to those specifications may request the local agency to provide the reason for that determination. The local agency shall provide the reason for that determination via email correspondence to the person’s official point of contact specified in the request.
(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 department’s 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.
(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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.