Tuesday, November 13, 2018
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Opening Breakfast7:30AM - 9:00AM
An Inferno & Beyond: The Remarkable Story of How the Building Industry Came Together After the Massive North Bay Fires to Help the Community Recover and Rebuild
Keith Woods, North Coast Builders Exchange
7000 homes and businesses were lost last October in the raging fires that devastated four counties north of San Francisco. 15,000 more suffered severe damage. 44 lives were lost and entire neighborhoods were gone in a matter of hours. As Sonoma, Lake, Napa, and Mendocino Counties dealt with the aftermath of the fires, the building industry has come together in the past 9 months in unprecedented ways to play a major role in helping people in Wine Country on the long road to recovery of their homes and lives . Since every community in California likely will face a major disaster of some kind in the future, here is a playbook for what the construction industry can - and should - do when disaster inevitably strikes in your backyard.
Welcome, Board Election and Keynote Address
9:00AM – 10:00AM
Building Disney from the Ground Up
Dr. Todd James Pierce, Author of "Three Years in Wonderland"
Dream it! That’s what Walt Disney did and Disneyland went from being an orange grove to an iconic theme park in just 10 months. The author of “Three Years in Wonderland: The Disney Brothers, C. V. Wood, and the Making of the Great American Theme Park” will share the story of how the park was built which involved some magic and even some drama.
Exhibit Hall Break
10:00AM – 10:30AM
Hunton Andrews Kurth
Animation – It’s Kind of Fun to do the Impossible
Andrew White, Benchmark Resources
Kevin Torell, Vulcan Materials Company
Walt Disney didn’t just imagine Mickey Mouse and Disneyland, he made them a reality. By doing so, he created two iconic institutions most people could not have dreamed were possible. While permitting an aggregate mine in California might not have the same thrill factor as bringing the Magic Kingdom to life, the gap between envisioning an aggregate mine and developing it into a permitted reality is just as wide and takes no lesser amount of creativity and initiative. This talk will apply Walt Disney’s passions of animation and innovation to mine site development and permitting. We will discuss how the use of animation, simulations, virtual reality, and 3D printing can transform an idea into reality.
Meeting Tomorrow’s Mineral Resource Needs Through Collaboration and Communication
Pat Perez, Division of Mine Reclamation
Fred Gius, CEG, California Geological Survey
California’s significant investment in public infrastructure over the next decade will place added pressure on the State’s mining of mineral resources; especially sand, gravel, and aggregate. The Road Repair and Accountability Act of 2017 (SB 1) alone provides about $5 billion annually for a variety of state highway, local street maintenance and repairs, mass transit, and other off-highway, boating, and agricultural projects. The large increase in funding for public works projects will fuel the demand for locally sourced supplies of minerals and aggregate. Planning for future construction aggregate needs in our communities should take into consideration not only the needs of the community, but also those of neighboring regions. Map Sheet 52 is an updated summary of supply and demand data based on regional aggregate studies completed under the Surface Mining and Reclamation Act (SMARA). Map Sheet 52 provides general information about the availability of, and 50-year demand for, California’s permitted aggregate resources for the period 2017 through 2066. The presentation will highlight the Department of Conservation’s regulatory programs and activities for modernizing and strengthening division business practices, and improving technical assistance, outreach, and support to local government, the mining industry, and the public. A special focus on Mineral Resource Programs and the reinvigorated status of those activities within the California Geological Survey is included.
Mineral Resource Classification and Designation: Purposeful Program or Paper Tiger?
Brian Anderson, P.G., Sespe Consulting, Inc.
Kerry Shapiro, Esq., Jeffer Mangels Butler & Mitchell LLP
Since enactment of California’s Surface Mining and Reclamation Act (SMARA), much of the subsequent legislative focus on the Act has been directed toward mine site reclamation. While collaboration among State agencies, stakeholders and industry has significantly improved the Act over time in this regard, reform efforts have yet to address a fundamental tenant of SMARA: encouraging and facilitating the development and extraction of mineral resources that are vital to the economic well-being of California and the needs of society. Unfortunately, classification and designation has unintentionally taken a back seat to compliance, thus resulting in a lack of recognition and emphasis on protecting mineral resources from other overriding land uses, or in facilitating their timely development. Notwithstanding these shortcomings, California’s economic rebound and enhanced funding for infrastructure has renewed interest in mapping and classifying mineral resources. Not only is identification of new geographic areas that meet the criteria for designation a key objective in the State Mining and Geology Board’s current Strategic Plan, but the California Geological Survey recently received funding to add staff in support of its Mineral Resources and Mineral Hazards Mapping Program. Based on this renewed focus, herein, we present a timely review of tangible and relevant examples of land development and conservation projects that have ultimately preempted future access to designated mineral resources, as well as cases where application of mineral resource management policies have assured their proper protection. From these past case studies, and in light of current interest, we posit there currently exists a unique opportunity to refine and clarify the context of mineral resource classification and designation in land use planning through the legislative process. That is, we believe SMARA may be ripe for an amendment that would create a more impactful role for designation of mineral resources when considering land development projects in California.
Where Do We Go From Here? Perspectives on Aggregate Reserve Development
Bill Taylor, Granite Construction, Inc.
The economic crash of 2008 unexpectedly slowed the depletion of industry’s aggregate reserves. Economic recovery, SB1, and local self-help initiatives are creating funding stability; driving greater demand for existing limited reserves. Our industry is looking for the next generation of natural resources, and the talent to acquire them. The presentation will discuss personal lessons learned about aggregate development, developing regulatory trends and the future of aggregate availability in CA. The future landscape is changing now, presenting both challenges and opportunities - know where your rocks are coming from.
Permitting a New Greenfield Aggregate Mine in CA
Patrick Mitchell, Mitchell Chadwick LLP
Michael Linton, Vulcan Materials Company
This talk will discuss the most recent major greenfield mine permitted in Madera County, CA. The mine was permitted for a 100 year operational period. The talk will discuss the background regarding the Austin Quarry. The permitting effort, the opposition groups, and the litigation issues will be explored by persons involved throughout the project process.
Presentation of Excellence in Safety Awards
Safety Ain't Magic
Terry Tyson, Insight Services and Presentations
Using magic and mindreading effects to illustrate cogent points, this presentation will inspire leaders to look beyond the obvious and perhaps currently employed methods to create positive safety cultures, influence "less-safe" workers to improve their performance and how to see their jobs in new ways.
2PM - 5PM
Recent Developments Regarding the California Department of Fish and Wildlife’s Lake and Streambed Alteration Program
Mark Harrison, Harrison, Temblador, Hungerford & Johnson LLP
For decades, a lake and streambed alteration agreement, also known as a 1600 permit, was one of the easiest land use entitlements to obtain. As the name implies, a 1600 permit truly was an “agreement” with the Department of Fish and Wildlife to mitigate impacts resulting activities that “may substantially adversely effect an existing fish and wildlife resource.” Over the past few years, however, the Department of Fish and Wildlife has engaged in efforts to expand its jurisdiction, partly through disengagement with the CEQA process, with the result of making the 1600 permit one of the hardest land use entitlements to obtain. This presentation will discuss strategies to respond to the Department’s efforts to expand its jurisdiction and address how to avoid roadblocks in the lake and streambed alteration agreement process to ensure timely approval of 1600 permits.
Falling With Style - Industrial Storm Water Compliance Through 2020
Ryan Waterman, Brownstein Hyatt Farber Schreck, LLP
Joe King, Sespe Consulting, Inc.
This presentation will cover the 2018 Industrial General Permit amendment to add TMDLs, the 2020 Industrial General Permit renewal process and trends in Clean Water Act citizen suit litigation
Trends in California Unified Program Agency (CUPA) Hazardous Materials Business Plan (HMBP) Inspections and Refresher on Submitting Compliant HMBPs
Alanna Lungren, Hartman King PC
Jennifer Hartman-King, Hartman King PC
California businesses that handle hazardous materials in excess of state or local threshold quantities must prepare a Hazardous Materials Business Plan (HMBP), annually submit their HMBP to their CUPA, as well as comply with training and recordkeeping requirements. This presentation will offer a rundown on common violations and/or CERS “comments” provided to facilities by regulators; a “heads-up” to certain sectors on what they may expect from regulators; a refresher on what is legally required, and what is not, in a facility’s HMBP (some CUPAs and regulators ask for more than what the law demands). You will also get tips for documenting return to compliance actions or your disagreement with regulators; and for developing a consistent approach to HMBP reporting for companies with facilities in multiple jurisdictions. Other common issues to be addressed: Annual certification dates, ERP/CUPA phone numbers, the need to educate the regulator (tips for coaching a new (or “seasoned”) regulator through your HMBP inventory and site map).
The “Unconstitutional Conditions” Doctrine as Applied to Conditions and Exactions on Mining Permits
Sean Hungerford, Harrison, Temblador, Hungerford & Johnson LLP
The “Unconstitutional Conditions” doctrine is a judicially created rule that the government cannot condition the receipt of a governmental benefit, such as a land use permit, on the waiver of a constitutionally protected right. The doctrine has largely been ignored in the context of environmental mitigation in California. Given the recent attempt by regulatory agencies to expand their jurisdiction, resulting in ever more onerous, expensive, and seemingly unrelated mitigation, the examination of the doctrine with respect to these environmental mitigation requires a closer look. This presentation will discuss the history and evolution of the unconstitutional conditions doctrine and its application to the land use permitting process, with a specific focus on environmental mitigation regulatory agencies prior to the issuance of follow along permits. This presentation will also discuss recent court decisions of interest to the construction materials industry regarding unreasonable interference against aggregates business operations.
SMARA Case Study - When the Age of Environmental Impacts Matter
James Schwartz, P.G., Haley & Aldrich, Inc.
Adam Guernsey, Harrison Temblador Hungerford & Johnson LLP
Closure of the Mission Clay Mine in Fremont, California included investigation and cleanup of petroleum hydrocarbons in the subsurface -- the origin and age of these impacts became a key factor in deciding who has jurisdiction over environmental issues at the site and what would ultimately be required of the owner.
Stormwater Basins: the Non-treatment Treatment Option
Mark Naugle, Golder Associates, Inc.
Michelle Kampen, Golder Associates, Inc.
How to actively manage outflow from basins and discharge clean water on purpose. How to develop a correlation to TSS and metals with field monitoring and the use of settling aids.
Exhibit Hall Break3:15PM-3:45PM
Central Concrete Breakout: Technical
Annual Materials Testing: The New Edition
Dan Speer, Caltrans
In recent years, CalCIMA has sponsored legislation to resume annual testing of materials—including aggregates, concrete and asphalt plants, asphalt mixes, and laboratories—which had been suspended by changes in state budget practices. This was leading to delays and interruptions in state highway and bridge projects, and left the state without back-up sources. The state’s budget now authorizes the annual testing of materials. The State Materials Engineer will preview how this testing and certification will work. He will also review important initiatives at METS, including the Data Interchange for Materials Engineering (DIME), QC/QA for structural concrete, and updating of test methods to national standards.
Caltrans Pilot Program for EPDsJacquelyn Wong, Caltrans
Caltrans has an initiative to collect environmental product declarations (EPD) for concrete, aggregates, and asphalt. It is a pilot program. They have developed an NSSP, and are beginning implementation. While the program is voluntary and only for information at this point, it is part of a larger initiative to examine materials from a life cycle perspective and to eventually tie into procurement. This talk will review the requirements of the EPD program, how producers can participate, how the data will be used, and what is being considered for the future.
High Performance Roadway Construction
David DeValve, PE, Lhoist North America
Don Greb, PE, Griffin Soils Group
Striving to get the best performance out of the base courses and the surface courses to get longer life roadways, requiring less maintenance and repairs with better material use.
Statistical Pay Factors for Asphalt Pavements
Brandon Milar, California Asphalt Pavement Association
Caltrans Section 39 welcomes the return of QC/QA with a new name, Statistical Pay Factors, and new requirements. Mr. Milar will provide an overview of the changes to the program which includes significant testing requirement additions and subtractions.
Concrete Forensics: How Concrete Petrography Can Help Solve Concrete Problems
Jacki Atienza, BASFLearn how microscopes and other tools are used to investigate concrete field problems.
Making the Most of ASTM C-1798 and Recycled Concrete AggregateJuan Gonzalez, Central Concrete Supply Co., Inc.
Exhibit Hall Break3:15PM-3:45PM
Cemex Breakout: Business & Risk
Classifying Independent Contractors and Employees post-Dynamex
Marlene Allen, Gresham Savage Nolan & Tilden, PC
Employers need to know how to properly classify workers following the California Supreme Court’s landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (April 2018). The Court unanimously adopted a new “ABC” test for determining whether a worker is an employee or an independent contractor. This decision raises questions as to whether delivery drivers can be classified as independent contractors and a good understanding of its impact is a must for businesses utilizing independent contractors.
The New Age of Private Litigation: Mandatory Arbitration in Business and Employment Relationships
Scott Brink, Jeffer Mangels Butler & Mitchell LLP
William Capps, Jeffer Mangels Butler & Mitchell LLP
The presentation will focus on the trend toward arbitration as the sole remedy in business and employment disputes and its implications for the materials business, including a discussion of best practices and the recent Dynamex and Epic Systems court cases by the California and US Supreme Courts.
AB 219 Update - Caltrans Perspective
Pat Maloney, Caltrans
Talk description TBA
WARNING: Cancer and Reproductive Harm!
Malcolm Weiss, Hunton Andrews Kurth LLP
In 2016, the Office of Environmental Health Hazard Assessment (OEHHA) adopted regulations for providing "safe harbor" Proposition 65 warnings. Those provisions became effective on August 30, 2018. Past regulatory attempts to "fix" Proposition 65 ended up making it worse, driving up the number of Prop 65 claims and making it more difficult and costly to resolves claims. This presentation will help clarify what the new warning regulations require (and don't require) and provide a status report of how well OEHHA hit the mark (or didn't) with their new regulations.
Mindfulness science – How to improve the quality of your work
Angela Brush, Brown and Caldwell
Mindfulness essentially means present moment awareness. When you are mindful you become keenly aware of yourself and your surroundings, but you simply observe these things as they are. You are aware of your own thoughts and feelings, but you do not react to them in the way that you would if you were on autopilot. Being mindful is a pause, think, go scenario where one thinks a task through. Being mindful not only improves behavior, it improves H&S, and employee productivity. Angela would like to talk to you about the history of mindfulness, exercises to be more mindful, the data that proves it works, and how it can improve your workforce environment.
Proactive Approach to Injury Prevention
Dr. Stephen Grennan, Bio Health Management, Inc.
Amanda Hill, Bio Health Management, Inc.
For 20 years BHMI has promoted a proactive approach to injury prevention. In the past and during current budget years, companies always set money aside for possible injuries. But why aren't these companies budgeting for preventing injuries. This presentation will focus on understanding the difference between discomforts and injuries, addressing early symptoms of workplace musculoskeletal disorders, how to react to those discomforts and find solutions, and how to educate employees and motivate them to take a personal responsibility on injury prevention.
Exhibit Hall Break3:15PM-3:45PM
Emerging Leaders Academy Graduation
Associate of the Year
Spirit of the Industry
Benjamin J. Licari Distinguished Member Award
The True Willie Band
Wednesday, November 14, 2018
Breakfast with Exhibitors7:30AM-8:30AM
Breakout Session: Tomorrowland
Believe It – We Are Among California’s Largest Industries
Peter Cheng, Applied Development Economics
Presenter will share results from a statewide economic impact analysis of the industry that place construction and materials industry among the largest in California. ADE will share the detailed results from statewide and regional analyses of industry outputs and the impact to job creation and purchasing power in local communities. In conjunction with the release of the ADE economic impact report, CalCIMA will release updated resources to help members share all that is shining, shimmering and splendid about the value and benefit of our industry. So much to see and share.
The Air UP There
Scott Cohen, Sespe Consulting, Inc.
Brian Anderson, P.G., Sespe Consulting, Inc.
We know investments in infrastructure to expand capacity and eliminate congestion reduce greenhouse gases. Presenters will share the results of a CalCIMA analysis of industry GHG emissions that reveals the significant positive impact industry investments have made to improve air quality. Presentation will include illustrative tables, charts and infographics that will later be available to for member use and to share.
There’s Magic in Storytelling
Shanna Crigger, Graniterock
Keith Severson, Graniterock
Are you using social media to tell your story? Are you using social media to attract the next generation of workers? Even the Pirates of the Caribbean knew the value in sharing stories to build strong reputations. This talk will explain the role of good communications and will shed light on how to build your company’s brand in the digital space with some tips you can quickly put to use.
Dream Jobs: Building a Workforce Talent Pipeline that Delivers
Kay Hazen, Kay Hazen and Company
James Morante, California Community Colleges
Lessons from Disney and other industry leaders who found value in raising brand awareness and promoting the chance to be a part of an industry from the ground up. The latest on industry efforts to develop pipelines and pathways to attract new talent to the industry will also be provided, including a look at a new website expected to launch in 2019.
Hi Ho. Hi Ho. It’s Off To Work They Go
David Fishman, Sparrow Company
will take us on a journey through the looking glass and share the latest about recruiting and retaining information and techniques for Millennials. Many people have ideas and misconceptions regarding today's up and coming workforce. After recruiting for twenty five years, through different levels of employment, I would disagree with much of what we hear regarding millennial. Yes, they might think differently but I would challenge most people on the misconceptions of what millennial add to the workforce. I would even go further and say that they are some of the brightest and best talent out of all the people I've worked with throughout my career. I plan to give a step by step presentation of what I have seen and my experiences while working with today's workforce.
Aggrandize Our Industry! Create Shared Value to Develop our Workforce
Desirea Haggard, WIM
Suzanne Seivright, WIM
Shared value is created when a company generates economic value for them self in a way that simultaneously produces value for society by addressing social challenges such as labor deficiencies. As our industry emerges from an economic downturn, it is difficult finding skilled workers. Now California is encouraging high school graduates to pursue vocational education and is spending hundreds of millions of dollars to improve the reputation and delivery of vocational education because they recognize that high schools and community colleges are the keys to filling industrial jobs. Cross-sector collaboration between industry and non-profits can mutually benefit both entities. For example, WIM is a non-profit organization staffed by a conglomerate of volunteer industry stakeholders who are dedicated to bringing a greater appreciation of the value of minerals to young people and communities. This is accomplished by providing students with a blend of academics, and exploration of jobs through learning activities that meet educational capstones. There are mutual benefits that result from dedicating in-kind talent and time to WIM: Schools get help with preparing students for industry jobs; it advances a diverse pipeline for careers in mining and ready-mix; and it empowers the next generation of talent with exposure to our industry. This talk is designed to emphasize the value of creating shared value that enhances the status of our industry.
Exhibit Hall Break10:00AM-10:30AM
Breakout Session: California’s Adventure
EPA's Regulatory Reform in the Trump Administration
Shannon Broome, Hunton Andrews Kurth LLP
Change is afoot in Washington, DC, welcomed by some and being fiercely opposed by others. How will these changes impact real facilities and how will they fare against the upcoming challenges by environmental NGOs and some states? This presentation will address the reforms that have occurred already, with a focus on air and climate issues, as well as expected reforms over the next 2 years, and it will address how the courts are likely to evaluate these challenges.
Environmental Update-Pivotal 2018 Cases, Statutes and Regulations Impacting CalCIMA
Diane Kindermann, Abbott & Kindermann, Inc.
Abraham Lincoln said "The best way to predict your future is to create it." Great businesses create the future, manage the present and understand the past. Knowledge of key environmental enactments from 2018 and expectations for the future, coupled with specific strategy tips, will enable CALCIMA industries to maximize their success in 2018 and beyond.
The Ascendency of Environmental Justice in California and What It Means for Our Industry
Michael Mills, Stoel Rives LLP
This presentation will examine the rise of the environmental justice movement as it pertains to industrial development in the San Joaquin Valley and Southern California. The presentation will examine the involvement of non-governmental organizations, such as the Center for Race, Poverty and the Environment in project approvals, the establishment of the new Bureau of Environmental Justice within the state Attorney General's Office and its enforcement mission, as well as the expanding presence of environmental justice concerns in the Legislature. The presentation will conclude with some predictions about the future of the environmental justice movement and how its agenda in California will affect the construction and industrial materials industry in the years to come.
Mining Purposefully with the Promise and Peril of Environmental Justice
Martin Stratte, Jeffer Mangels Butler & Mitchell LLP
George Kenline, Pg, CHg, CEG, County of San Bernardino
Recently, the State Legislature enacted legislation related to “environmental justice,” which will require lead agencies to specifically consider the impacts that a project will have upon communities that are disproportionately affected by environmental pollution or social inequity. This legislation includes Assembly Bill 617 and Senate Bill 1000 (“AB 617” and “SB 1000,” respectively). Taken together, SB 1000 and AB 617 are expected to add an additional layer of regulation that project proponents and lead agencies will need to comply with during the entitlement process. This presentation will examine the potential implications that the legislation may have upon the building materials industry and strategies for compliance.
Assembly Bill 617 and the Community Air Protection Program - A New Layer of Air Quality Regulation for Certain Communities and Industries
Ivan Tether, Tether Law
Judy Yorke, PE, CPP, Yorke Engineering, Inc.
California adopted AB 617 in July 2017 as a companion to its extension of the cap and trade program until 2030 (AB 398). Among other things, AB 617 created the California Air Resources Board’s (CARB’s) Community Air Protection Program. This was bipartisan action. Perhaps not everyone knew that AB 617 was far more than a sidecar. AB 617 requires CARB to identify communities affected by a disproportionate share of air emissions (impacted areas); sets up an intensive (fenceline) monitoring program that businesses may have to pay for; and requires local air districts with jurisdiction over impacted areas to adopt a community emissions reduction program, and impose more stringent control requirements on certain businesses. This bill elevates large, daily penalties for violations. The South Coast Air District has moved forward rapidly to include almost 50 communities, which it terms environmental justice areas, into the AB 617 Program. Other air districts are following suit. This talk will explain AB 617 in detail and provide updates on what various air districts and CARB are doing to implement the law – as well impacts on CalCIMA Members’ facilities. Larger facilities can expect more expensive emissions controls. Over time, AB 617 may move construction industry materials farther from where they are needed, and increase industrial costs as well as costs of maintaining public infrastructure. (Distance Matters!)
AB617 Implications for Construction Materials Industry Monitoring and Operations
Anne McQueen, Yorke Engineering, LLC
Judy Yorke, PE, CPP, Yorke Engineering, LLC
AB617, the community air protection program (CAPP) regulation that was passed in 2017, has two primary components: • The community-level monitoring, emissions evaluation, and risk reduction plans; and • The Best Available Retrofit Control Technology (BARCT) implementation for AB32 cap-and-trade sources. For CalCIMA member companies that are located in the selected communities, there is the potential for direct impacts on operations. However, for sources not covered by AB32 cap-and-trade, a key question is whether AB617 will have impacts beyond the selected communities. This presentation explains how the AB617 rule implementation has triggered a fundamental restructuring of ARB and District rulemaking and public dialogue, and describes how this could affect many businesses in California, not just those in the selected communities. With the new focus on mobile source contributions and the need for complex assessment of emissions monitoring data (including potentially source apportionment), AB617 has moved California air quality rulemaking into new, uncharted territory. Based on participation in dozens of AB617 workshops throughout California and active assistance to business customers with rule tracking and compliance planning, the authors have distilled key findings about the potential rule impacts. Based on having a multi-jurisdictional background that also extends across a wide variety of industries, and an in-depth technical knowledge of emissions monitoring and mobile source contribution evaluation, we offer a unique perspective on AB617 rule development and implications for businesses in California. This presentation will focus on construction materials industry impacts, but will be informed by Yorke experience in other industries. We will address potential impacts of AB617, including indirect effects, on facility operations, compliance implementation, emissions monitoring, and land use permitting (where applicable).
Board of Directors Luncheon Meeting
Meeting of the CalCIMA Board of Directors.