Education Conference

 

PROGRAM
subject to change

 
Sunday, November 17, 2019
12:00PM-4:00PM Board of Directors Meeting
4:00PM-5:00PM Associates Meeting
5:30PM-6:30PM Associates & Exhibitors Reception
Monday, November 18, 2019
7:30AM-7:00PM Registration Open
7:00AM-3:00PM Exhibitor Setup
8:00AM-10:00AM Environmental Committee Meeting
8:00AM-10:00AM Technical Committee Meeting
10:00AM-4:00PM PAC Golf Tournament
5:30PM-7:00PM Welcome Reception
   
Tuesday November 19, 2019
7:30AM-4:00PM Registration Open
7:30AM-4:00PM Exhibit Hall Open
7:30AM-8:00AM Breakfast Buffet
Sponsor: Gresham Savage Nolan & Tilden
8:00AM - 8:20AM

Annual Meeting of Members (Election)

8:20AM-9:00AM

PRESENTATION OF SAFETY AWARDS

Okay, So Now What? The Current State of Play for MSHA’s Workplace Examination Rule and Deciphering What it Means for your Operation
Willa Perlmutter, Stoel Rives
The Obama Administration proposed revisions to 30 C.F.R. 56.18002, which sets out requirements for workplace examinations at mine sites.  The Trump Administration delayed implementation of the rule and then issued a new rule that rolled back some of the previous Administration's changes.  On June 11, 2019, a federal Court of Appeals invalidated the new rule on the grounds that it did not go far enough to ensure miner safety and reinstated the Obama rule.  The Federal Mine Safety and Health Administration (MSHA) has not provided clear guidance to operators as to what all of this means in the real world.  This talk will cover the history of the rule and attempts to amend it, and it will provide practical advice for operators as to what they need to do -- and what they can expect from MSHA.
9:00AM-10:00AM

Keynote Address

National and Statewide Economic Outlook for Construction and Materials Industry
Baron Worthington, Vulcan Materials
10:00AM-10:30AM Exhibit Hall Break
Sponsor: National Ready Mixed Concrete Co.
10:30AM-12:25PM

Hunton Andrews Kurth
General Session

Eliminating All Fossil Fuels has been GREEN $ for Our Company
Bill Crotinger, Argent Materials
Argent Materials has completely eliminated all fossil fuel use at Argent Materials.  Every excavator , every front end loader is powered by sustainable (no petroleum) tier 4 diesels.  Our car fleet is electric.  It has not cost us a thing, but rather added to our bottom line
 
Are You a Public Nuisance? The New/Old Attack Strategy
Patrick Mitchell, Mitchell Chadwick LLP
Project opponents of mine sites and batch plant sites have in recent years dusted off the long-standing public nuisance theory and weaponized it to attack these sites. However,  claiming that industry sites are a public nuisance is not the same thing as proving it. This talk will explain the essential elements of the theory and arguments that the industry can use to defend against these attacks.
 
Emerging Leaders Project: Creating a Community Sustainability Index for CalCIMA Members
Nic Armstrong, Teichert, Inc.
Molly Barker, CalPortland
David VanMuyden, CalPortland
The 2019 Emerging Leaders Year 1 Class is proposing for CalCIMA Board and members to develop a sustainability index to easily show the public, our local community, and elected officials how we fit within the three pillars of sustainability: people, planet, profit.  More specifically communicating how the industry contributes to promoting social equity, maintaining and improving the environment, and ultimately enhancing the local economic vitality. 
 
Bridge to Employment Entry Level Worker Training Programs: Building a Talent Pipeline for the Future
CalCIMA's Partnership with California's Community Colleges

Kay Hazen, Kay Hazen & Company
Building an infrastructure workforce is critical to California’s ability to address transportation and housing mandates while strengthening economic, environmental and equity goals. The challenge we face is attracting and maintaining a qualified workforce.  The construction and materials industry is perfectly positioned to play a lead role in the effort to address the infrastructure workforce crisis, in the process enhancing diversity, promoting equity and putting more veterans and women to work in good paying jobs and careers with benefits and opportunities for advancement.  Learn more about our bridge to employment program and the efforts for replication throughout the state.

Five Ways to Improve the Perception of a Construction Materials Career with the Next Generation
Crystal Howard, Project Cornerstone
Talk will explore the 5 most effective tools for creating a positive perception of a construction materials career with the next generation.  These 5 tools have been proven to be effective and generate excitement in students to learn more and pursue a career in our industry.
12:30PM-2:00PM Networking Lunch
Sponsor: Mitchell Chadwick LLP
2:00PM-5:00PM

Vulcan Materials Breakout #1:
Environmental Compliance

Water Balances – An Essential Tool for California Operations
Bob Anderson, Geosyntec Consultants
Bill Christner, Teichert Materials
With the passage of the sustainable groundwater management act (SGMA), many areas of California are developing plans to ensure that groundwater pumping is maintained at a sustainable level without causing “undesirable results”.  While there has been much focus on agricultural and municipal pumping, the potential impact of groundwater supply regulation to many aggregate operations in California should not be ignored.  Water balances, at a basin scale, are a foundational component of the groundwater sustainability plans (GSPs) being prepared under SGMA.  Water balances, at a site/facility scale, are valuable to mine operations and compliment the basin-scale water balances being prepared under SGMA.  This presentation will provide an overview of the development of a water balance for a mining facility located in one of the Central Valley?s ?Extremely Overdrafted? groundwater basins, where a GSP is being submitted in January 2020.
 
Amendments to the California Industrial General Permit
Laura Carpenter, Brown and Caldwell
Angela Brush, Brown and Caldwell
This presentation will provide an overview of the critical emerging contaminant Per- and Polyfluoroalkyl Substances (PFAS). PFAS are fluorinated surfactants used for oil and water repellency, temperature resistance and friction reduction. They exist in many everyday products, ranging from textiles, food packaging, paper products, cookware, fire-fighting foams, carpeting, personal care products, polishes, insulation, adhesives, tubing, paints/dyes, and drilling fluids. Studies have found that exposure to PFAS can result in both reproductive and developmental health issues.  The background for the presentation will discuss spread of the contaminant, the chemical family tree, and production timeline. It will then go into the regulatory focus particularly related to surface water.  As PFAS sources are identified, stormwater is then seen as the primary method for mobilizing these PFAS into soils, groundwater, receiving waters, etc.  Recently, the California Water Board issued an order to several airports, landfills, and impacted water sources across the state. Later this year, they will require refineries, bulk terminals, fire training areas, urban fire areas, WWTP, and metal plating operations to assess for PFAS.  It is possible that future stormwater permit revisions in California may require PFAS analysis by certain SIC codes. There are rigorous sampling protocols for PFAS and analytical methods are limited.  The presentation will discuss some of the treatment options and next steps that will affect private sectors.
 
Hyperlocal Air Quality Monitoring Through Sensor-Based Solutions
Dr. Melissa Lunden, Aclima, Inc.
Aclima has pioneered novel, scientifically-validated methods for large-scale pollution mapping at a fraction of the cost of traditional approaches. Since 2011, the San Francisco-based company has been developing the hardware, software, and analytics stack to support the complex elements of real-time air quality data collection, verification, and analysis from mobile and stationary sensor networks. Side-by-side comparison with reference equipment has been a central tenet of the development process, resulting in high-quality data from networks of small-scale sensors, with novel mechanical systems and computational models to optimize performance. Its scientifically-validated methods for mobile pollution mapping are augmented by air quality data from sources including Aclima stationary deployments, regulatory sources (government agencies, industry), and certain consumer-grade sensor networks. Aclima delivers insights and data through licensed software and data products that allow users to diagnose hotspots, understand exposure rates, prioritize areas for action, and track changes over time to demonstrate the effectiveness of spending on interventions. Among other clients, Aclima is currently supporting several municipalities and Air Districts, including projects funded through California's AB 617 (Garcia, 2017).
 
AB 901 and Recycling and Disposal Reporting System: New Waste Disposal Reporting Requirements
James Anderson, Harrison Temblador Hungerford & Johnson
Section 105(c) of the Federal Mine Safety and Health Act of 1977 (30 USC ? 801 et seq.) (Mine Act) prohibits any mine operator from discriminating against or discharging a miner who has exercised their statutory rights under the Mine Act. A miner who has been discharged or discriminated against and believes that it is in violation of Section 105(c) of the Mine Act can file a discrimination complaint with the US Department of Labor, Mine Safety and Health Administration (MSHA). If a discrimination complaint is filed, MSHA will begin an immediate investigation of the mine operator, and the events surrounding the termination of the miner. Ultimately, if the Federal Mine Safety and Health Review Commission determines that the mine operator discriminated against a miner, possible penalties may include reinstatement of the miner, backpay to the miner, and possible civil penalties.   This presentation will outline the basic timeline of a 105(c) proceeding including the discrimination complaint, the investigation by MSHA, temporary reinstatement hearings, the discrimination hearing, and possible appeal processes. The presentation will discuss possible penalties associated with a 105(c) discrimination complaint. Finally, this presentation will conclude with strategies to avoid discrimination complaints, and practices and procedures to aid mine operators defend against a possible 105(c) discrimination complaint.
 
Off-road and On-road Diesel Vehicle Regulatory Review and Forecast, Including Potential Fuel-Switching and Electrification Mandates (Statewide or Local)
Anne McQueen, Yorke Engineering, LLC
Judy Yorke, Yorke Engineering, LLC
Over the past few years, the mining industry has complied with several existing regulatory deadlines for off-road and on-road mobile equipment.  At this juncture, ARB, local Air Districts, and other agencies (such as Ports) are contemplating further regulation of off-road and on-road vehicles as a strategy for ozone SIP compliance in 2023 or earlier timeframes.  Several agencies are evaluating potential mandates for fuel-switching and electrification, to achieve a combination of ozone SIP and greenhouse gas regulatory goals.    Yorke will review the status of the future regulatory efforts, including the technical and legal underpinnings and potential implications for mining facilities throughout the state, including:
  • Distinctions between Air Districts in their plans for mobile source rules
  • Diesel vehicle initiatives by agencies other than ARB and the Air Districts
  • Natural gas and electric vehicle technology description, development status, and total cost (based on published references)
  • Incentive money available for demonstration projects (funded by AB617 and AB32)
  • Technical performance and cost effectiveness of fuel-switching and electrification technologies in controlling NOx and greenhouse gas, relative to other regulatory options 
  • ARB climate change/greenhouse gas goals
We will also discuss avenues for providing feedback to regulatory agencies on vehicle rulemaking.
 
Permitting Wastewater Discharges from Aggregate and Concrete Facilities – Public Outreach
Timothy O’Brien, State Water Resources Control Board, Division of Water Quality
The State Water Resources Control Board (State Water Board) is currently developing a state-wide permit addressing wastewater discharges from aggregate processing facilities and concrete manufacturing facilities.  (Concrete mixing facilities, not cement kilns.)  This discussion will provide an overview of the draft permit requirements and provide an opportunity for industry feedback.
2:00PM-5:00PM

Breakout #2:
Legal Strategies for Sustainability

How to Insulate Your Company From Injury Claims by Independent Contractors Working at Your Facility
Martin Stratte, Jeffer Mangels Butler & Mitchell
Activities at mine sites and production facilities often require assistance from independent contractors.  For example, an operator may need to contact an outside repairman to fix heavy machinery that is not operating properly.  But inviting independent contractors onto your property poses legal risks that can expose you to litigation.  In this presentation, you will learn about (i) the California legal doctrines that can shield landowners from liability for injuries sustained by independent contractors working at your facility, and (ii) how to update your facility’s operating procedures in order to increase your chances of successfully asserting these legal doctrines in court.
 
Won’t You Be My Neighbor? Exploring the Use of Good Neighbor Agreements for Mining Projects
Michael Sherman, Day Carter Murphy LLP
When it comes to mining, you can't choose your neighbors.  In urban areas close to local sources of aggregate, neighbors invariably object to dust, light, noise and truck traffic impacts.  While the CEQA process typically addresses these types of impacts, what if mine operators proactively addressed these impacts by meeting with neighbors, putting pen to paper, and developing a good neighbor agreement? This talk will explore the use of good neighbor agreements in other industries and how they might apply to the mining industry.
 
Just in the Knick of Time: How the U.S. Supreme Court’s Recent Decision in Knick V. Township of Scott, Pennsylvania will remake regulatory takings cases and benefit the construction and industrial materials industry in California
Michael Mills, Stoel Rives, LLP
Sarah Taylor, Stoel Rives, LLP
On June 21, 2019, in a 5-4 decision, the U.S. Supreme Court handed down its decision in Knick v. Township of Scott, Pennsylvania.  This presentation will address the implications of Knick on regulatory takings claims and how the decision will benefit the industry in potential litigation.  Knick arose from a decision by Scott Township in 2013 to force Rose Knick to allow public access to a suspected gravesite on her farmland.  Knick sued over the unconstitutional regulatory taking in federal court, but that court refused to hear her case.  It decided that her federal claim was not ripe based on an earlier Supreme Court case, Williamson County v. Hamilton Bank, that required a takings plaintiff to file suit in state court first to seek compensation for an unconstitutional taking of private property without just compensation.  In this major ruling, the Supreme Court overruled Williamson County, and allowed Knick's case to proceed.  What this means to property owners suffering regulatory takings claims in the future is that their claims may be brought now in federal court.  Property owners who believe they have been wronged by the government will be encouraged by Knick to bring their cases to federal court under 42 U.S.C. ?1983, and lawyers who represent them will have the possibility of recovering their attorney fees under ?1988. There will be more cases brought, more issues will be raised, and public regulation that affects members? property rights should be curtailed.
 
California Department of Fish and Wildlife Audit: Strategies for CEQA Processes in the Current Regulatory Environment
David Temblador, Harrison Temblador Hungerford & Johnson
Governor Jerry Brown signed Assembly Bill 901 (Gordon, Chapter 746, Statutes of 2015) in late 2015. AB 901 directed CalRecycle to create and implement new reporting requirements for organics, recyclable materials, and solid wastes. CalRecycle's new reporting system, pursuant to AB 901, is known as the "Recycling and Disposal Reporting System" or "RDRS". Unlike the previous waste reporting system, RDRS now requires almost all entities that handle, process, transport, store, or dispose of organics, recyclables, or solid wastes to report certain information directly to CalRecycle. Covered entities must begin data collection in July 2019, and in late 2019 will begin to require reporting directly to CalRecycle.  This presentation will serve as an introduction to RDRS and cover the basic reporting requirements for covered entities. This presentation will also provide insight into reporting exemptions that are common to construction material facilities. Finally, this presentation will provide commentary on how changes to facility operations may result in new reporting obligations under RDRS.
 
Clean Water Act Citizen-Suits: Current Issues in Clean Water Act Enforcement and Defensive Techniques
Sean Hungerford, Harrison Temblador Hungerford & Johnson
Tiffany Michou, Harrison Temblador Hungerford & Johnson
The Clean Water Act allows citizens to bring civil actions to enforce compliance with the CWA (including permits issued pursuant to the Act).  The attorney's fees, expert fees, and onsite obligations suffered by the members of this industry in response to such claims is a growing issue.  The presentation will focus on the usual grounds for CWA citizen suits, the typical components of a claim, the magnitude of the typical settlement, the growth of these claims under the latest amendments to the general permit, and recommendations for managing these risks.
 
Strategies for Avoiding - and Defending Against – Clean Water Act Citizen Suits
Paul Beard, Alston & Bird LLP
This presentation will discuss strategies for avoiding and defending against Clean Water Act ("CWA") citizen suits, including an update on federal efforts to change the scope of what constitutes federally protected waters, as well as whether and how any such change impacts manufacturers doing business in California's regulatory environment.
 
2:00PM-5:00PM

CalPortland Breakout #3:
Technical

Driving Down Your Carbon Footprint
Laurel McEwen, Climate Earth
Sustainability and reduction of the carbon footprint are increasingly required of concrete producers by agencies.  This talk will not only review the options—including recycled aggregates, cement substitutes, limestone cement, and natural gas trucks—but provide data on how effective they are.
 
What's New in the Codes for Cement Supplements
Larry Sutter, Assistant Dean, Building Materials, Michigan State
The world of cement supplements is quickly changing while also being increasingly important for ready mixed concrete producers striving to meet environmental demands. The codes and specifications are also changing rapidly to address different types of materials types.  This talk will discuss recent code changes and how they assist operators achieve different characteristics
 
New Findings in Concrete Research. 
John Harvey, Director UC Pavement Research Center, UC Davis
Angel Mateos, Manager Concrete Research Program, UC Davis
UC Davis operates the Pavement Research Center, which conducts the fundamental research for Caltrans. This talk will provide data on findings from recent concrete research, what it means for operators, and what is coming up next.
 
Caltrans Improvements to Concrete Specifications & Tests. 
Keith Hoffman, Caltrans
Jackie Wong, Caltrans
Kirk McDonald, CalPortland
Mark Hill, Cemex
Caltrans and operators have been working hard over the past year to improve specification and test methods for concrete.  In this presentation, Caltrans and operators will review the changes and what they mean to your operation.  Among the topics will be changes in cylinder sizes, the beam test, mitigating low strength concrete pavements, and changes in quality assurance. 
 
Achieving More Recycling with Balanced Mix Design
Adam Hand, University of Nevada, Reno
Operators are increasingly finding themselves with recyclable materials in their yard, or higher amounts required in specifications.  This presentation will demonstrate how use of balanced mix design allows operators to use more recycled materials.
3:15PM-3:45PM Exhibit Hall Break
Sponsor: Lilburn Corp, Sespe Consulting, Inc.
6:30PM-10:00PM Awards Banquet
Sponsors: Granite Construction, Inc., Haley & Aldrich, Harrison Temblador Hungerford & Johnson, Vulcan Materials Company
Wednesday, November 20, 2019
7:30AM-10:30AM Registration Open
7:30AM-10:30AM Exhibit Hall Open
7:30AM-8:30AM Breakfast with Exhibitors
Sponsor: Stoel Rives LLP
8:30AM-12:00PM

Ready Mix Track

Ready Mix Round Table
Herbert Burton, Central Concrete Supply Co., Inc.
Bryan Forgey, Cemex
Marty Hansberger, Holliday Rock Co., Inc.
Steve Lode, National Ready Mixed Concrete Co.
Michael Toland, Spragues’ Ready Mix
Michael Ruddy, Jr., Allied Concrete & Supply Co. Inc.
Jaret Ramirez, A & A Ready Mixed Concrete, Inc.
Moderated by CalCIMA Chairman Michael Toland, Spragues’ Ready Mix, this panel of ready mix professionals currently serving on the CalCIMA Board of Directors, will have a frank discussion on hot button topics for the ready mix industry, including AB 219, returned concrete, meal and rest period, etc.  Come and be a part of this engaging conversation.
 
AB 219
Department of Industrial Relations
Invited
TBA
 
Fly Ash Supply and Potential SCM Options for California
Larry Sutter, Assistant Dean, Building Materials, Michigan State
This presentation will reveiw fly ash supply and potential supplementary cementitious material options, with a particular focus on the West. 
 
Incorporating the Effect of Carbonation in Concrete Life Cycle Assessment
William Larson, CalPortland
The effect of greenhouse gas emissions on the atmosphere is a hotly debated topic. Within this debate, there is a specific focus on the role of carbon dioxide (CO2) emissions. Concrete has been the target of much criticism as a source of CO2 emissions. Much of this criticism reflects a lack of understanding of the difference between cement and concrete as a building product. What is the true value of CO2 emissions from concrete within the built environment? We can determine emissions from the cement manufacturing process with a high degree of accuracy. In contrast, there is much uncertainty as to the amount of carbon sequestration related to concrete over its life cycle. Understanding the carbonation process within concrete and its effect on Life Cycle Assessment (LCA) is indispensable to define concrete emissions and its true environmental impact.
8:30AM-12:00PM

Mineral Resources Track

California Minerals Round Table
David Brown, Benchmark Resources
Fred Gius, CGS
TBA
In 1975, the California Legislature declared that “. . .  the extraction of minerals is essential to the continued economic well-being of the state and to the needs of the society . . .” (SMARA Section 2711(a)) Nevertheless, over the following decades, there has been steady erosion of access to California minerals.  Regulation and land use planning predominantly has focused on protection and development of other resources, often at the expense of consideration to minerals.  Costs of habitat and other mitigation have escalated making permitting and development of known resources questionable.  Rural sprawl has brought urban land use conflicts to formerly remote areas and confrontations with proposed and established operations are common.  Today, roughly one-half the number of permitted mining operations remains compared to when the Legislature made that finding.  The economic and social impact from loss of minerals may not yet be felt and the future of California’s ability to rely on local materials and products may already be irreversibly damaged
 
What is the future of California mineral production and the impact on our state?  Dave Brown of Benchmark Resources will provide an introduction to the changes in regulation and land use planning that have most affected minerals access followed by a roundtable discussion with invited industry and regulators.  Please bring an open mind, your ideas and potential solutions and contribute to this exciting discussion!
 
A Tale of Two Cities
Christine Jones, Cemex
John Hecht, Sespe Consulting, Inc.
This presentation will present a case study of the re-permitting of the CEMEX Moorpark quarry in Ventura County.  The process was completed over several years and included negotiations with the Two Cities of Fillmore and Moorpark.  The presentation will highlight the technical, public relations, and legal strategies that resulted in a 30 year permit extension and substantial increase in reserves  with little public controversy and no appeal or litigation
 
Backfill Market on the Rise
Warren Coalson, EnviroMINE, Inc.
In California, the trend in land use planning favors infill development over suburban development.  The focus is on habitat conservation, limiting construction of single family residences located at distance to urban areas.  This results in increased urban densities with a consequent need to redevelop urbanized lands.  The redevelopment process often results in the generation of construction rubble (concrete, asphalt, and misc. fill) and has created a substantial market for disposal of these materials.    This presentation will evaluate the demand for disposal of miscellaneous fill and C&D materials.  The major urban centers in the State will be discussed to show how these locations are dealing with this new materials market and provide a listing of average costs for receiving these materials.  This subject also highlights the growing need to find markets for recycled construction materials.  Current efforts that focus on gaining acceptance of recycled materials will be identified.
 
AB 617: Year One Update (Lessons Learned)
Aaron Wilensky, Hunton Andrews Kurth
Malcolm Weiss, Hunton Andrews Kurth
As the AB 617 program enters implementation year two, and expands its reach to new communities across California, this presentation will examine AB 617 implementation year one and what lessons can be learned.  It is vital to evaluate year one?s lessons as the California Air Resources Board and California's air districts fine tune the program for year two and expand it into new communities.
10:00AM-10:30AM Exhibit Hall Break
Sponsored by: Day Carter Murphy LLP
10:30AM-2PM Exhibitor Move Out