O F F I C E O F L E G I S L A T I V E R E S E A R C H
P U B L I C A C T S U M M A R Y
Page 1
PA 23-185—sHB 6798
Planning and Development Committee
Housing Committee
AN ACT CONCERNING CE RTAIN PRODUCERS OF C ONCRETE
AGGREGATE
SUMMARY: This act establishes materials testing requirements and related
reporting requirements for entities that process coarse aggregate intended to be
mixed with other component ingredients to create concrete for use in a residential
or commercial concrete foundation (“producers”).
Existing law requires concrete aggregate quarry operators to have a third party
test their aggregate and report on its total sulfur content (“total S”) to the state. It
imposes restrictions on using aggregate that has a relatively high total S and, in
certain circumstances, requires additional testing to identify the presence of
pyrrhotite, which led to the premature deterioration of certain concrete foundations
in parts of the state (CGS § 22a-349d). Existing law also requires quarries to submit
to the state a geological source report (GSR), outlining the quarry’s mining,
processing, and quality control methods, among other things (CGS § 22a-349c).
The act imposes generally similar requirements on aggregate producers that are not
subject to existing law’s requirements for quarries, as described below.
The act also requires concrete producers mixing concrete for residential or
commercial foundations to confirm that the coarse aggregate they plan to mix into
concrete (1) complies with the act and existing law’s requirements related to total
S and pyrrhotite concentrations and (2) comes from a producer or quarry that has
filed a current GSR with the state.
EFFECTIVE DATE: Upon passage
§ 1 — THIRD PARTY TOTAL S TESTING REQUIREMENT
Under the act, if a producer possesses coarse aggregate that is (1) intended for
use in a residential or commercial concrete foundation and (2) from a source other
than a quarry that must prepare and provide a GSR under existing law, then the
producer must have the aggregate tested by a third party and submit the results to
the state geologist and Department of Energy and Environmental Protection
(DEEP). The testing requirement begins on July 1, 2024, and, depending on the
test results, must be completed at least annually. The DEEP commissioner may
adopt regulations to implement the act’s testing requirements.
Total S Test
Under the act, if testing shows the sample’s total S by mass is at least 1%, the
producer cannot sell or otherwise provide the aggregate for use in residential or O L R P U B L I C A C T S U M M A R Y
Page 2 of 3
commercial concrete foundations.
If testing shows the sample’s total S by mass is less than 0.1%, the producer (1)
may sell or provide the aggregate for use in concrete foundations for four years,
beginning on the date of receipt of the test results, and (2) does not need to submit
test results to the DEEP commissioner and state geologist during that period.
If testing shows the sample’s total S falls in between these thresholds, then
further testing is required, as described below.
Further Testing for Pyrrhotite
If the sample’s total S by mass is 0.1% or more, but less than 1%, then the act
requires the sample to be further tested for the presence and relative abundance
(concentration) of pyrrhotite.
If that testing does not reveal the presence of pyrrhotite, then the aggregate may
be used in concrete for one year, beginning on the date the results are received. If
testing shows that pyrrhotite is present and the total S by mass is 0.1% or more but
less than 1%, then DEEP’s commissioner, in consultation with the state geologist,
may (1) require the producer to conduct additional petrographic and materials
testing and (2) impose restrictions on selling or providing the aggregate, which
producers must comply with.
§ 2 — PETROGRAPHIC ANALYSIS OF AGGREGAT E OR GSR
Under the act, if a producer possesses coarse aggregate that is (1) intended for
use in a residential or commercial concrete foundation and (2) from a source other
than a quarry required to prepare and provide a GSR under existing law’s
requirements, then the producer must submit to the state geologist and DEEP either
a (1) petrographic analysis or (2) GSR (§ 3 requires that aggregate provided to a
concrete producer have a current GSR on file with the state). The first report or
analysis is due by July 1, 2024, and then must be updated and resubmitted every
four years thereafter. The analysis or report must comply with the state geologist’s
and DEEP’s submission requirements, and must include:
1. the mining, processing, storage, and quality control methods used for the
coarse aggregate;
2. a description, prepared by a qualified geologist, of the characteristics of the
aggregate;
3. a copy of the results of an inspection of face material and geologic log
analysis of the site from which the aggregate was excavated, prepared by a
qualified geologist; and
4. a petrographic analysis of a representative sample of the aggregate,
completed by a qualified geologist.
The act prohibits producers from selling or providing aggregate for use in
foundations if they have not complied with the act’s reporting requirements.
A “qualified geologist” is a geologist certified by the American Institute of
Professional Geologists, licensed by the National Association of State Boards of
Geology, or certified or licensed by another organization deemed suitable by the O L R P U B L I C A C T S U M M A R Y
Page 3 of 3
state geologist.
§ 3 — CONCRETE PRODUCER RE QUIREMENTS
The act requires concrete producers (i.e., those who mix coarse aggregate with
other component ingredients to create concrete for use in a residential or
commercial foundation) that receive or purchase coarse aggregate from another
provider (i.e., aggregate that does not come from the concrete producer’s own
quarry or other source), to confirm certain information with the provider before
mixing it with other components. Under the act, concrete producers must confirm
that the aggregate (1) complies with the act and existing law’s requirements related
to total S and pyrrhotite concentrations and (2) comes from a producer or quarry
that has filed a current GSR with the state. The act requires them to confirm this
information by July 1, 2024, and then annually thereafter.