Section 2112 Of Chapter 3. Highway Users Tax Account From California Streets And Highways Code >> Division 3. >> Chapter 3.
2112
. No money apportioned from the Highway Users Tax Fund as
provided in Section 2106 or 2107 shall be used for the construction
or improvement of any highway or street if the contract for such
construction or improvement specifies the use of any patented or
proprietary paving material, unless the contract has been awarded to
the lowest responsible bidder therefor after alternate bids have been
called for and opportunity afforded for bids to be submitted for
nonpatented or nonproprietary paving material in competition with an
equal thickness and like design of such patented or proprietary
paving material. This section shall not be deemed nor construed to
prohibit the use of any patented or proprietary paving material in
the maintenance of any highway or street when such highway or street
was constructed of such material and, in the opinion of the body,
board or officer ordering such maintenance, it would be impractical
to use a different paving material for such maintenance.