Regular Session 2015-2016 House Bill 0296 P.N. 0295

PRINTER'S NO. 295

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

296

Session of

2015

INTRODUCED BY EVANKOVICH, JAMES, DAVIS, GERGELY, MATZIE,

LONGIETTI, REESE, DEASY, BLOOM, HEFFLEY, METCALFE, TALLMAN,

MILLARD, A. HARRIS, CUTLER, DeLUCA, KAUFFMAN, KORTZ,

McGINNIS, COHEN, MAHONEY, GABLER AND READSHAW,

FEBRUARY 2, 2015

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 2, 2015

AN ACT

Amending Title 62 (Procurement) of the Pennsylvania Consolidated

Statutes, in contract clauses and preference provisions,

adding provisions relating to steel and blast furnace slag

aggregates.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 37 of Title 62 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER F

STEEL AND BLAST FURNACE SLAG AGGREGATES

Sec.

3761. Short title of subchapter.

3762. Scope of subchapter.

3763. Uniform standards for use of slag aggregates in

construction.

3764. Use of slag aggregates in construction by government

agencies.

3765. Prohibitions and restrictions on use of slag aggregates.

§ 3761. Short title of subchapter.

This subchapter shall be known and may be cited as the Steel

and Blast Furnace Slag Aggregates Act.

§ 3762. Scope of subchapter.

This subchapter shall apply to the use of blast furnace and

steel slag aggregates in the construction and maintenance of

highways and roads by government agencies.

§ 3763. Uniform standards for use of slag aggregates in

construction.

(a) General rule.--The Department of Transportation shall

develop, promulgate and revise uniform standards for the use of

slag aggregates in highway and road construction and maintenance

by or on behalf of all government agencies. The standards

developed by the department shall be published and disseminated

as statements of policy incorporated into the department's

highway construction manual and other similar publications.

(b) Review and approval.--

(1) The Department of Transportation shall review and

approve supplies and suppliers of slag aggregates for use in

highway and road construction and maintenance based upon the

standards provided by subsection (a) and uniform testing

procedures developed by the department to ensure compliance

with the standards provided by subsection (a).

(2) Additional or supplemental standards restricting the

use of slag aggregates in highway and road construction and

maintenance shall not be established or utilized in the

process of approving supplies and suppliers of slag

aggregates.

§ 3764. Use of slag aggregates in construction by government

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agencies.

(a) General rule.--Except as provided by section 3765(a)

(relating to prohibitions and restrictions on use of slag

aggregates), contractors and subcontractors engaged in the

construction of highways and roads on behalf of any government

agency may utilize slag aggregates in the construction and

maintenance of highways and roads in the manner approved by the

Department of Transportation pursuant to section 3763(a)

(relating to uniform standards for use of slag aggregates in

construction), including uses designated as permissible in the

department's highway construction manual effective January 1,

2013, and may utilize supplies and suppliers of slag aggregates

approved by the department in the manner provided by section

3763(b).

(b) Limitation.--Nothing in this act shall prohibit

government agencies other than the Department of Transportation

from approving additional uses of slag aggregates in highway and

road construction and maintenance, or from approving additional

supplies and suppliers of slag aggregates.

§ 3765. Prohibitions and restrictions on use of slag

aggregates.

(a) General rule.--The Department of Transportation may

prohibit or restrict uses of any type, grade or source of supply

of slag aggregates which comply with uniform standards for the

use of slag aggregates in highway and road construction and

maintenance in effect as of January 1, 2013, only if, based on

controlled multisite comparisons between the slag aggregate in

question and other materials, it is shown that that type, grade

or source of supply of slag aggregate will not perform in a

satisfactory manner based on objective, quantifiable and

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reliable engineering criteria.

(b) Public notice.--

(1) Prior to the adoption of prohibitions or

restrictions on the use of any slag aggregate in the manner

provided by subsection (a), public notice shall be published

in the Pennsylvania Bulletin and at least 30 days shall be

provided for public comment.

(2) Notice of a decision by the Department of General

Services or Department of Transportation regarding the

imposition of any such prohibitions or restrictions shall be

given to any person submitting comments regarding the

adoption of the prohibitions and restrictions, and the final

action taken to impose such restrictions shall be subject to

review in the manner provided by 2 Pa.C.S. Chs. 5 Subch. A

(relating to practice and procedure of Commonwealth agencies)

and 7 Subch. A (relating to judicial review of Commonwealth

agency action).

for bids, other contract terms or conditions, construction or

maintenance requirements or other policies established by or on

behalf of a government agency may not impose restrictions or

limitations on the use of slag aggregates in highway and road

construction authorized under section 3763(a) (relating to

uniform standards for use of slag aggregates in construction),

including uses designated as permissible in the department's

highway construction manual effective January 1, 2013, except in

the manner provided by in this section. Any such restrictions or

limitations shall be deemed void and unenforceable, including

those in effect upon the effective date of this subchapter.

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

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