1Amending Title 62 (Procurement) of the Pennsylvania Consolidated
2Statutes, in contract clauses and preference provisions,
3adding provisions relating to steel and blast furnace slag
4aggregates.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Chapter 37 of Title 62 of the Pennsylvania
8Consolidated Statutes is amended by adding a subchapter to read:

9SUBCHAPTER F

10STEEL AND BLAST FURNACE SLAG AGGREGATES

11Sec.

123761. Short title of subchapter.

133762. Scope of subchapter.

143763. Uniform standards for use of slag aggregates in
15construction.

163764. Use of slag aggregates in construction by government
17agencies.

13765. Prohibitions and restrictions on use of slag aggregates.

2§ 3761. Short title of subchapter.

3This subchapter shall be known and may be cited as the Steel
4and Blast Furnace Slag Aggregates Act.

5§ 3762. Scope of subchapter.

6This subchapter shall apply to the use of blast furnace and
7steel slag aggregates in the construction and maintenance of
8highways and roads by government agencies.

9§ 3763. Uniform standards for the use of slag aggregates in
10construction.

11(a) General rule.--The Department of Transportation shall
12develop, promulgate and revise uniform standards for the use of
13slag aggregates in highway and road construction and maintenance
14by or on behalf of all government agencies. The standards
15developed by the department shall be published and disseminated
16as statements of policy incorporated into the department's
17highway construction manual and other similar publications.

18(b) Review and approval.--

19(1) The Department of Transportation shall review and
20approve supplies and suppliers of slag aggregates for use in
21highway and road construction and maintenance based upon the
22standards provided by subsection (a) and uniform testing
23procedures developed by the department to ensure compliance
24with the standards provided by subsection (a).

25(2) Additional or supplemental standards restricting the
26use of slag aggregates in highway and road construction and
27maintenance shall not be established or utilized in the
28process of approving supplies and suppliers of slag
29aggregates.

30§ 3764. Use of slag aggregates in construction by government

1agencies.

2(a) General rule.--Except as provided by section 3765(a)
3(relating to prohibitions and restrictions on the use of slag
4aggregates), contractors and subcontractors engaged in the
5construction of highways and roads on behalf of any government
6agency may utilize slag aggregates in the construction and
7maintenance of highways and roads in the manner approved by the
8Department of Transportation pursuant to section 3763(a)
9(relating to uniform standards for the use of slag aggregates in
10construction), including uses designated as permissible in the
11department's highway construction manual effective January 1,
122013, and may utilize supplies and suppliers of slag aggregates
13approved by the department in the manner provided by section
143763(b).

15(b) Limitation.--Nothing in this act shall prohibit
16government agencies other than the Department of Transportation
17from approving additional uses of slag aggregates in highway and
18road construction and maintenance, or from approving additional
19supplies and suppliers of slag aggregates.

20§ 3765. Prohibitions and restrictions on use of slag

21         aggregates.

22(a) General rule.--The Department of Transportation may
23prohibit or restrict uses of any type, grade or source of supply
24of slag aggregates which comply with uniform standards for the
25use of slag aggregates in highway and road construction and
26maintenance in effect as of January 1, 2013, only if, based on
27controlled multisite comparisons between the slag aggregate in
28question and other materials, it is shown that that type, grade
29or source of supply of slag aggregate will not perform in a
30satisfactory manner based on objective, quantifiable and

1reliable engineering criteria.

2(b) Public notice.--

3(1) Prior to the adoption of prohibitions or
4restrictions on the use of any slag aggregate in the manner
5provided by subsection (a), public notice shall be published
6in the Pennsylvania Bulletin and at least 30 days shall be
7provided for public comment.

8(2) Notice of a decision by the department or Department
9of Transportation regarding the imposition of any such
10prohibitions or restrictions shall be given to any person
11submitting comments regarding the adoption of the
12prohibitions and restrictions, and the final action taken to
13impose such restrictions shall be subject to review in the
14manner provided by 2 Pa.C.S. Chs. 5 Subch. A (relating to
15practice and procedure of Commonwealth agencies) and 7 Subch.
16A (relating to judicial review of Commonwealth agency
17action).

18(c) Exception.--Plan notes, job specifications, invitations
19for bids, other contract terms or conditions, construction or
20maintenance requirements or other policies established by or on
21behalf of a government agency may not impose restrictions or
22limitations on the use of slag aggregates in highway and road
23construction authorized under section 3763(a) (relating to
24uniform standards for use of slag aggregates in construction),
25including uses designated as permissible in the department's
26highway construction manual effective January 1, 2013, except in
27the manner provided by in this section. Any such restrictions or
28limitations shall be deemed void and unenforceable, including
29those in effect upon the effective date of this subchapter.

30Section 2. This act shall take effect in 60 days.