State Air Resources Board: pavement coatings.

Existing law designates the State Air Resources Board as the state agency responsible for the preparation of the state implementation plan required by the federal Clean Air Act. Under existing law, the Department of Transportation has jurisdiction over state highway construction, and may establish and enforce standards for construction materials. Under existing law, the State Procurement Officer, when purchasing materials to be used by the Department of Transportation and other state agencies for paving materials, is required to use recycled materials unless it is determined that they are not cost effective. This bill would require the Department of Transportation, no later than January 1, 2011, to establish standards for the solar reflectance of paved surfaces consistent with the specified criteria. The bill would provide that, on and after January 1, 2012, the department, any other state or local agency, and every other person, when paving or repaving any surface, shall comply with the requirements established by the department, and would provide that, if a building permit from a local agency is required for the paving of any surface that is subject to this requirement, that permit shall not be issued unless the paving will be constructed in compliance with this requirement. The bill would provide exception of specified surfaces, including surfaces that do not have any substantial exposure to the sun. By imposing construction requirements on local agencies, and imposing requirements for building permits, the bill would impose a state-mandated local program. 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 no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that local agencies and school districts may pursue any available remedies to seek reimbursement for these costs.