Connecticut 2023 Regular Session

Connecticut House Bill HB06798 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 6798
	8	+	January Session, 2023
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4		-	Substitute House Bill No. 6798
5		-
6		-	Public Act No. 23-185
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9		-	AN ACT CONCERNING ~~CERTAIN PRODUCERS OF~~ CONCRETE
10		-	~~AGGREGATE~~.
	14	+	AN ACT CONCERNING CONCRETE MIXTURES INTENDED FOR USE
	15	+	IN RESIDENTIAL BUILDING FOUNDATIONS.
11	16		Be it enacted by the Senate and House of Representatives in General
12	17		Assembly convened:
13	18
14		-	Section 1. (NEW) (Effective from passage) (a) For the purposes of this
15		-	section and section 2 of this act, "producer of aggregate" means a person
16		-	who processes coarse aggregate intended to be mixed with other
17		-	component ingredients to create concrete for use in a residential or
18		-	commercial concrete foundation.
19		-	(b) Except as provided in subsection (c) of this section, not later than
20		-	July 1, 2024, and not less than annually thereafter, any producer of
21		-	aggregate in possession of coarse aggregate that is (1) intended for use
22		-	in a residential or commercial concrete foundation, and (2) from a source
23		-	other than a quarry required to prepare and provide a geological source
24		-	report pursuant to section 22a-349c of the general statutes, shall, prior
25		-	to selling or providing such coarse aggregate for such use, submit a
26		-	written report to the Commissioner of Energy and Environmental
27		-	Protection and the State Geologist, containing the results of a third-party
28		-	test of such coarse aggregate described in subsections (a) and (b) of
29		-	section 22a-349d of the general statutes.
30		-	(c) If the results of such test reveal that the total sulfur content of such Substitute House Bill No. 6798
	19	+	Section 1. (NEW) (Effective from passage) Not later than July 1, 2024, 1
	20	+	the Commissioner of Consumer Protection shall adopt regulations, in 2
	21	+	accordance with chapter 54 of the general statutes, to require any person 3
	22	+	or entity selling or offering for sale a concrete mixture intended for use 4
	23	+	in the foundation of a residential building to (1) provide to the person 5
	24	+	or entity purchasing such concrete mixture (A) a description of such 6
	25	+	concrete mixture, (B) the strength class of such concrete mixture, (C) an 7
	26	+	identification number for such concrete mixture, (D) a description of the 8
	27	+	source and type of aggregate used in such concrete mixture, (E) a 9
	28	+	description of the content, type and source of the cement used in such 10
	29	+	concrete mixture, (F) documentation confirming that the aggregate used 11
	30	+	in such concrete mixture was tested in accordance with section 22a-349d 12
	31	+	of the general statutes, and is fit for sale, (G) information concerning the 13
	32	+	appropriate uses of such concrete mixture, (H) the water-to-cement ratio 14
	33	+	of such concrete mixture, (I) the results of a slump test performed on 15
	34	+	such concrete mixture, (J) the fine aggregate and coarse aggregate 16
	35	+	content of such concrete mixture, (K) the name of the producer of the 17
	36	+	admixtures used in such concrete mixture and any safety data sheets 18
	37	+	concerning such admixtures provided by such producer, (L) the air 19 Substitute Bill No. 6798
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32		-	Public Act No. 23-185 2 of 4
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34		-	sample in per cent mass is less than one-tenth per cent, such producer
35		-	(1) may sell or provide such coarse aggregate for use in a residential or
36		-	commercial concrete foundation for a period of four years beginning on
37		-	the date of receipt of such test results, and (2) shall not be required to
38		-	submit a further report concerning such coarse aggregate pursuant to
39		-	subsection (b) of this section during such period.
40		-	(d) If the results of such test reveal that the total sulfur content of the
41		-	sample in per cent mass is equal to or greater than one per cent, such
42		-	producer shall not sell or provide such coarse aggregate for use in a
43		-	residential or commercial concrete foundation.
44		-	(e) If the results of such test reveal that the total sulfur content of the
45		-	sample in per cent mass is less than one per cent and equal or greater
46		-	than one-tenth per cent and (1) no pyrrhotite is present, such producer
47		-	may sell or provide such coarse aggregate for use in a residential or
48		-	commercial concrete foundation for a period of one year beginning on
49		-	the date of receipt of such test results, or (2) pyrrhotite is present, such
50		-	producer shall not sell or provide such coarse aggregate in a manner
51		-	inconsistent with the acceptance and use indicated by the results of a
52		-	petrographic analysis or any requirement or restriction established by
53		-	the Commissioner of Energy and Environmental Protection pursuant to
54		-	subsection (f) of this section.
55		-	(f) The Commissioner of Energy and Environmental Protection, in
56		-	consultation with the State Geologist, may, if the results of the test
57		-	performed pursuant to this section reveal that the total sulfur content of
58		-	the sample in per cent by mass is less than one per cent and equal to or
59		-	greater than one-tenth per cent and pyrrhotite is present, (1) require
60		-	such producer to conduct additional petrographic and materials testing,
61		-	and (2) implement restrictions on such producer's sale or provision of
62		-	coarse aggregate.
63		-	(g) The Commissioner of Energy and Environmental Protection may Substitute House Bill No. 6798
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65		-	Public Act No. 23-185 3 of 4
	44	+	content measurement of such concrete mixture, and (M) the date or 20
	45	+	dates of extraction of the aggregate used in such concrete mixture and 21
	46	+	the date or dates that such concrete mixture was fabricated; and (2) 22
	47	+	maintain and make such documentation available for inspection by the 23
	48	+	Department of Consumer Protection upon request of the department. 24
	49	+	The commissioner shall adopt regulations to define the terms "strength 25
	50	+	class", "identification number", "slump test", "safety data sheets" and "air 26
	51	+	content measurement" for the purposes of this section. 27
	52	+	This act shall take effect as follows and shall amend the following
	53	+	sections:
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67		-	adopt regulations, in accordance with chapter 54 of the general statutes,
68		-	to implement the provisions of this section.
69		-	Sec. 2. (NEW) (Effective from passage) (a) For the purposes of this
70		-	section, "qualified geologist" has the same meaning as provided in
71		-	section 22a-349c of the general statutes, and "producer of aggregate" has
72		-	the same meaning as provided in section 1 of this act.
73		-	(b) (1) Not later than July 1, 2024, each producer of aggregate in
74		-	possession of coarse aggregate that is (A) intended for use in a
75		-	residential or commercial concrete foundation, and (B) from a source
76		-	other than a quarry required to prepare and provide a geological source
77		-	report pursuant to section 22a-349c of the general statutes, shall provide
78		-	a petrographic analysis or prepare a geological source report and
79		-	provide such report or analysis to the State Geologist and Commissioner
80		-	of Energy and Environmental Protection. Such report shall be prepared
81		-	in a form and manner prescribed by the commissioner, and shall
82		-	include, but need not be limited to, (i) the mining, processing, storage
83		-	and quality control methods utilized with respect to such coarse
84		-	aggregate, (ii) a description of the characteristics of such coarse
85		-	aggregate, which shall be prepared by a qualified geologist, (iii) a copy
86		-	of the results of an inspection of face material and geologic log analysis
87		-	of the site from which such coarse aggregate was excavated, which shall
88		-	be prepared by a qualified geologist, and (iv) a petrographic analysis of
89		-	a representative sample of such coarse aggregate, completed by a
90		-	qualified geologist. Not later than July 1, 2028, and every four years
91		-	thereafter, such producer shall update such report or analysis and
92		-	provide such updated report or analysis to the State Geologist and
93		-	commissioner.
94		-	(2) Any person who, on or before July 1, 2024, was not in possession
95		-	of coarse aggregate (A) intended for use in a residential or commercial
96		-	concrete foundation, and (B) from a source other than a quarry required
97		-	to prepare and provide a geological source report pursuant to section Substitute House Bill No. 6798
	55	+	Section 1 from passage New section
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99		-	Public Act No. 23-185 4 of 4
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101		-	22a-349c of the general statutes, but possesses such coarse aggregate
102		-	after July 1, 2024, shall prepare a petrographic analysis or geological
103		-	source report, described in subdivision (1) of this subsection, and
104		-	provide such analysis or report to the State Geologist and commissioner
105		-	prior to selling or providing such coarse aggregate for such use. Such
106		-	person shall update such analysis or report every four years thereafter
107		-	and provide such updated analysis or report to the State Geologist and
108		-	commissioner.
109		-	(c) No producer of aggregate or person required to provide an
110		-	analysis or report pursuant to this section shall sell or provide for use
111		-	coarse aggregate intended for use in a residential or commercial
112		-	concrete foundation if such producer or person fails to provide such
113		-	analysis or report.
114		-	Sec. 3. (NEW) (Effective from passage) (a) For the purposes of this
115		-	section, "producer of concrete" means any person who mixes coarse
116		-	aggregate with other component ingredients to create concrete for use
117		-	in a residential or commercial foundation.
118		-	(b) Not later than July 1, 2024, and annually thereafter, any producer
119		-	of concrete purchasing or receiving coarse aggregate intended for use in
120		-	a residential or commercial concrete foundation who does not operate a
121		-	quarry or other source from which such coarse aggregate was sourced,
122		-	shall, prior to mixing such coarse aggregate with other component
123		-	ingredients to create such concrete foundation, confirm with the person
124		-	selling or providing such coarse aggregate to such producer that (1) such
125		-	coarse aggregate is permitted to be sold pursuant to section 1 of this act
126		-	or section 22a-349c of the general statutes, as applicable, and (2) a
127		-	geological source report pertaining to the source of such coarse
128		-	aggregate has been provided in accordance with section 2 of this act or
129		-	section 22a-349d of the general statutes, as applicable.
	58	+	PD Joint Favorable Subst.
	59	+	HSG Joint Favorable
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