|Sunday, November 17, 2019
||Board of Directors Meeting
||Associates & Exhibitors Reception
|Monday, November 18, 2019
||Environmental Committee Meeting
||Technical Committee Meeting
||PAC Golf Tournament
|Tuesday November 19, 2019
||Exhibit Hall Open
Sponsor: Gresham Savage Nolan & Tilden
|8:00AM - 8:20AM
Annual Meeting of Members (Election)
PRESENTATION OF SAFETY AWARDS
Okay, So Now What? The Current State of Play for MSHA's Workplace Examination Rule, What it Means You Have to Do, And What Does All This Have to Do with Safety, Anyway?
Willa Perlmutter, Stoel Rives LLP
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.
National and Statewide Economic Outlook for Construction and Materials Industry
Baron Worthington, Vulcan Materials Company
||Exhibit Hall Break
Sponsor: National Ready Mixed Concrete Co.
Hunton Andrews Kurth
Transportation Resources Update
Elissa Konove, California State Transportation Agency
How CalSTA will endeavor to implement the Governor's vision while sill being consistent with the will of the Legislature and the voting public who sent a clear signal that they want their transportation system to be "fixed" and maintained.
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 Materials
Molly Archer, 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.
Building a Talent Pipeline for the Future
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.
Sponsor: Mitchell Chadwick LLP
Vulcan Materials Breakout #1:
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
California's Industrial Storm Water General Permit (IGP) is a statewide general National Pollutant Discharge Elimination System (NPDES) permit that regulates storm water discharges from industrial activity. The 2014 IGP was implemented in 2015 and was intended to minimize costs to permittees and streamline the compliance process. Compliance is largely measured by a three-tiered Risk Level system, based on EPA benchmarks.
The IGP was amended in 2018 and those additional requirements will go into effect on July 1, 2020. These requirements include: a sufficiently sensitive test method ruling, Total Maximum Daily Load (TMDL) implementation requirements, and statewide options incentivizing on-site or regional storm water capture and use. Both the TMDL requirements and the capture and use requirements offer on or off-site compliance options. The compliance options involve implementing BMPs with the effective capacity to capture and use, infiltrate, and/or evapotranspire stormwater. Requirements for the protection of groundwater are also included within these options and are included pursuant to the State Water Board's Porter-Cologne Water Quality Control Act authority. This means that discharges to groundwater are not permitted to cause or contribute to the exceedance of a water quality objective in the groundwater.
The amended IGP will now contain two types of exceedances: Numeric Action Levels (NALs) (an instantaneous maximum and an annual), and TMDL-NALs (TNAL) (an instantaneous maximum). Those dischargers that reside in a TMDL watershed will need to compare the TMDL constituent(s) with those that they may have triggered a Level 1 or Level 2 status. If the discharger does have those NAL exceedances, they will now have a TNAL at that status for the same parameter.
These updates are meant to inform the industrial community on the new stormwater requirements and compliance options that will go into effect on July 1, 2020.
Hyperlocal Air Quality Monitoring Through Sensor-Based Solutions
Scott Andrews, 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
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:
We will also discuss avenues for providing feedback to regulatory agencies on vehicle rulemaking.
- 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
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.
Lehigh Hanson Region West Breakout #2:
How to Insulate Your Company From Injury Claims by Independent Contractors Working at Your Facility
Legal Strategies for Sustainability
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
On June 27, 2019, the State Auditor affirmed that the California Department of Fish and Wildlife ("DFW") "is not fulfilling its responsibilities under the California Environmental Quality Act [("CEQA")]." In response to a Joint Legislative Audit Committee request, the State Auditor performed an audit of DFW and found: (1) that DFW failed to fulfill its obligations as a CEQA Responsible Agency; and (2) that DFW improperly spent $5.7 million in CEQA filing fee revenues to subsidize non-CEQA programs. The Audit concluded with several recommendations to ensure that DFW meets its critical statutory obligations under CEQA in the future. This presentation will summarize the conclusions of the audit on DFW. The presentation will focus on the significance of early and active participation in the CEQA process by all stakeholders, including critical state agencies like DFW. Attendees will learn how to structure projects effectively to avoid CEQA pitfalls, or how to interface with responsible state agencies such as DFW on CEQA matters.
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.
Wetlands, Animals, and Sensitive Habitats: Challenges and Opportunities for Project Proponents
Paul Beard, FisherBroyles LLP
Maya Grasse, Alston & Bird LLP
Many project proponents don’t realize that their dry land may be a “wetland,” or that it hosts an endangered critter or sensitive plant whose habitat must be protected. How does that affect their operations and their ability to undertake new projects? This talk will answer that question, providing key updates on state and federal efforts to (1) redefine “waters” that are subject to burdensome permitting regulations, and (2) declare vast swaths of land untouchable due to the presence (or even potential presence) of a protected species and its habitat. The talk will include strategies for minimizing operational and project risks, including from environmental groups bringing citizen suits.
CalPortland Breakout #3:
Driving Down Your Carbon Footprint
Laurel McEwen, Climate Earth
Patrick Frawley, P.E., Central Concrete Supply Co., Inc.
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, Michigan Technological University
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.
Improvements to Caltrans Concrete Specifications and Tests
Keith Hoffman, Caltrans
Jackie Wong, Caltrans
Patrick Lo, 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.
||Exhibit Hall Break
Sponsor: Lilburn Corp, Sespe Consulting, Inc.
Sponsors: Granite Construction, Inc., Haley & Aldrich, Harrison Temblador Hungerford & Johnson, Vulcan Materials Company
|Wednesday, November 20, 2019
||Exhibit Hall Open
||Breakfast with Exhibitors
Sponsor: Stoel Rives LLP
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.
David Cross, DIR/Labor Commissioner's Office
Fly Ash Supply and Potential SCM Options for California
Larry Sutter, Michigan Technological University
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.
Mineral Resources Track
California Minerals Round Table
David Brown, Benchmark Resources
Pablo Garza, State Mining & Geology Board
Fred Gius, California Geological Survey
Erika Guerra, Lehigh Hanson Region West
Brent Leclerc, Vulcan Materials Company
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.
Greg Odenthal, Pinnacle Consulting, 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 LLP
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.
||Exhibit Hall Break
Sponsored by: Day Carter Murphy LLP
||Exhibitor Move Out