PRINTER'S NO. 3108
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2134
Session of
2018
INTRODUCED BY HAHN, MAKO, J. McNEILL, MILLARD, BARBIN, READSHAW,
HEFFLEY, SAYLOR, SCHLOSSBERG, PASHINSKI, DRISCOLL, SCHWEYER,
NEILSON, REESE, CALTAGIRONE, WARD, COX AND WATSON,
MARCH 9, 2018
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 9, 2018
AN ACT
Requiring public agencies to include in contracts for public
works a provision that only cement and concrete produced or
manufactured in the United States may be used.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Cement and
Concrete Procurement Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Cement." A powdery substance made using a closely
controlled chemical combination of calcium, silicon, aluminum,
iron and other ingredients, that forms concrete when mixed with
sand, gravel and water.
"Concrete." A mixture of cement, sand, aggregate and water
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that is malleable when mixed and strong and durable when
hardened.
"Public agency." Any of the following:
(1) The Commonwealth and its departments, boards,
commissions and agencies.
(2) A county, city, borough, township, school district
or any other governmental unit or district.
(3) The State Public School Building Authority, the
State Highway and Bridge Authority or any other authority
created or organized by the Commonwealth.
(4) A municipal, school or other authority created or
organized by a county, city, borough, township or school
district or combination thereof.
(5) Any other public body, authority, officer, agency or
instrumentality, whether exercising a governmental or
proprietary function.
"Public work." A structure, building, highway, waterway,
street, bridge, transit system, airport or other betterment,
work or improvement whether of a permanent or temporary nature
and whether for governmental or proprietary use.
"United States." The United States of America, including all
territories subject to the jurisdiction of the United States.
Section 3. Public works contracts.
(a) Contract requirement.--Every public agency shall require
that a contract for the construction, reconstruction,
alteration, repair, improvement or maintenance of public works
contain a provision that all cement or concrete used or supplied
in performance of the contract or any subcontract must be
produced or manufactured in the United States.
(b) Exceptions.--A public agency may waive the requirements
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of subsection (a) if the head of the public agency finds any of
the following:
(1) The application of the requirements of subsection
(a) would be inconsistent with the public interest.
(2) The necessary cement or concrete is not produced or
manufactured in the United States in sufficient and
reasonably available quantities and is not of a satisfactory
quality.
(3) The use of cement or concrete produced or
manufactured in the United States will increase the cost of
the overall contract by an unreasonable amount.
(4) The cost of the total contract for the construction,
reconstruction, alteration, repair, improvement or
maintenance of the public work is below a minimum project
cost established by the head of the public agency.
Section 4. Payments.
(a) Withholding payment.--A public agency may not authorize,
provide for or make any payments to a person under a contract
containing the provision required under section 3(a) unless the
public agency is satisfied that the person has fully complied
with the provision required under section 3(a).
(b) Recovery of payment.--A payment made to a person by a
public agency that is prohibited under subsection (a) shall be
recoverable directly from the contractor or subcontractor that
did not comply with section 3(a) by either the public agency or
the Attorney General upon suit filed in the court of common
pleas of any county in which the contract was executed or in
whole or in part performed.
Section 5. International trade obligations.
This act shall be applied in a manner consistent with the
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Commonwealth's obligations under any applicable international
agreements pertaining to government procurement.
Section 6. Effective date.
This act shall take effect in 60 days.
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