1Providing for the development of uniform standards for the use
2of blast furnace and steel slag aggregates in highway and
3road construction and maintenance.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Steel and
8Blast Furnace Slag Aggregates Act.

9Section 2. Findings and declaration of policy.

10(a) Findings.--The General Assembly finds that:

11(1) Blast furnace and steel slag aggregates are valuable
12products produced as a result of the production and process
13of iron and steel.

14(2) The use of blast furnace and steel slag aggregates
15in highway and road construction and maintenance reduces the
16environmental impacts of surface and deep mining to obtain
17supplies of coarse and fine aggregates, eliminates the need
18for the disposal in landfills of surplus supplies of slag,

1reduces the costs of construction and promotes employment and
2investment in the iron and steel industries in this
3Commonwealth.

4(3) The department has been a nationwide leader in
5certifying various types and grades of slag aggregates for
6multiple uses in highway and road construction and
7maintenance, including use as sub-base material, as aggregate
8in bituminous and concrete mixes, in drainage and pipe bed
9preparations and as anti-skid material on ice and snow-
10covered pavements.

11(4) The department should establish a uniform policy
12encouraging the use of slag aggregates in highway and road
13construction and maintenance by or on behalf of the
14Commonwealth.

15Section 3. Definitions.

16The following words and phrases when used in this act shall
17have the meanings given to them in this section unless the
18context clearly indicates otherwise:

19"Department." The Department of Transportation of the
20Commonwealth.

21"Commonwealth." The Commonwealth or a municipality.

22Section 4. Uniform standards.

23(a) Statement of policy.--The department shall develop
24uniform standards for the use of slag aggregates in highway and
25road construction and maintenance by or on behalf of the
26Commonwealth. Standards developed by the department shall be
27published and disseminated as statements of policy incorporated
28into the department's highway construction manual and other
29similar publications.

30(b) Approval.--The department shall review and approve:

1(1) Supplies and suppliers of slag aggregates for use in
2highway and road construction and maintenance based upon the
3standards developed under subsection (a).

4(2) Uniform testing procedures developed by the
5department to ensure compliance with the standards developed
6under subsection (a).

7Section 5. Permitted use.

8(a) Construction.--Contractors and subcontractors engaged in
9the construction of highways and roads on behalf of the
10Commonwealth may utilize:

11(1) Slag aggregates in the construction and maintenance
12of highways and roads in the manner designated as permissible
13in the department's Highway Construction Manual, effective
14January 1, 2013, or as approved by the department under
15section 4(a).

16(2) Supplies and suppliers of slag aggregates approved
17by the department in the manner provided under section 4(b).

18(b) Additional uses.--Nothing under this act shall prohibit
19agencies other than the department and political subdivisions
20from approving additional uses of slag aggregates in highway and
21road construction and maintenance or from approving additional
22supplies and suppliers of slag aggregates.

23Section 6. Prohibitions and restrictions.

24(a) Satisfactory performance.--The department may prohibit
25or restrict the use of any type, grade or source of supply of
26slag aggregates which complies with uniform standards for the
27use of slag aggregates in highway and road construction and
28maintenance in effect on January 1, 2013, if, based on
29controlled multisite comparisons between the slag aggregate in
30question and other materials, it can be shown that that type,

1grade or source of supply of slag aggregate will not perform in
2a satisfactory manner based on objective, quantifiable and
3reliable engineering criteria.

4(b) Public notice.--Prior to the adoption of prohibitions or
5restrictions on the use of any slag aggregate under subsection
6(a), public notice shall be published in the Pennsylvania
7Bulletin with at least 30 days provided for public comment.
8Notice of a decision by the department or the Department of
9General Services regarding the imposition of a prohibition or
10restriction shall be given to any person submitting comments
11regarding the adoption of the prohibitions and restrictions, and
12the final action taken imposing the restrictions shall be
13subject to review in the manner provided under 2 Pa.C.S. Chs. 5,
14Subch. A (relating to practice and procedure of Commonwealth
15agencies) and 7, Subch. A (relating to judicial review of
16Commonwealth agency action).

17(c) Current and future restrictions and limitations.--The
18following shall apply:

19(1) Plan notes, job specifications, invitations for
20bids, other contract terms or conditions, construction or
21maintenance requirements or other policies established by a
22contracting agency, political subdivision or other general
23contractor may not impose restrictions or limitations on the
24use of slag aggregates in highway and road construction
25authorized under section 4(a), except as provided under this
26section.

27(2) Any restriction or limitation under paragraph (1) in
28effect on the effective date of this section shall be deemed
29void and unenforceable.

30Section 7. Applicability.

1This act shall apply to the use of blast furnace and steel
2slag aggregates in this Commonwealth and the construction and
3maintenance of highways and roads by the Commonwealth.

4Section 20. Effective date.

5This act shall take effect immediately.