AB 978: Department of Transportation and local agencies: streets and highways: recycled materials.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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 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 Department of Transportation’s standard specifications that went into effect on October 22, 2018, for specified materials.

This bill would indefinitely require a local agency’s standard specifications to allow recycled materials at a level no less than the level allowed in the department’s specifications for those specified materials. 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 on the basis that the use of those recycled materials at those levels is not feasible, the bill would authorize a person bidding on a contract to supply materials subject to those specifications to request the local agency to provide the reason for that determination upon request and would require the local agency to respond to that request, as specified. 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.

Sponsors

Sponsors by party (alphabetical): Republican 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 7, 2025Chaptered by Secretary of State - Chapter 443, Statutes of 2025.
2. October 7, 2025Approved by the Governor.
3. September 24, 2025Enrolled and presented to the Governor at 3 p.m.
4. September 12, 2025Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3396.).
5. September 9, 2025In Assembly. Concurrence in Senate amendments pending.
6. September 9, 2025Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2657.).
7. July 8, 2025Read second time. Ordered to third reading.
8. July 7, 2025From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
9. July 1, 2025From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
10. June 23, 2025In committee: Set, first hearing. Hearing canceled at the request of author.
11. June 10, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (June 10). Re-referred to Com. on APPR.
12. May 21, 2025Referred to Com. on TRANS.