Substitute House Bill No. 6798
Public Act No. 23-185
AN ACT CONCERNING CERTAIN PRODUCERS OF CONCRETE
AGGREGATE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) (a) For the purposes of this
section and section 2 of this act, "producer of aggregate" means a person
who processes coarse aggregate intended to be mixed with other
component ingredients to create concrete for use in a residential or
commercial concrete foundation.
(b) Except as provided in subsection (c) of this section, not later than
July 1, 2024, and not less than annually thereafter, any producer of
aggregate in possession of 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 geological source
report pursuant to section 22a-349c of the general statutes, shall, prior
to selling or providing such coarse aggregate for such use, submit a
written report to the Commissioner of Energy and Environmental
Protection and the State Geologist, containing the results of a third-party
test of such coarse aggregate described in subsections (a) and (b) of
section 22a-349d of the general statutes.
(c) If the results of such test reveal that the total sulfur content of such Substitute House Bill No. 6798
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sample in per cent mass is less than one-tenth per cent, such producer
(1) may sell or provide such coarse aggregate for use in a residential or
commercial concrete foundation for a period of four years beginning on
the date of receipt of such test results, and (2) shall not be required to
submit a further report concerning such coarse aggregate pursuant to
subsection (b) of this section during such period.
(d) If the results of such test reveal that the total sulfur content of the
sample in per cent mass is equal to or greater than one per cent, such
producer shall not sell or provide such coarse aggregate for use in a
residential or commercial concrete foundation.
(e) If the results of such test reveal that the total sulfur content of the
sample in per cent mass is less than one per cent and equal or greater
than one-tenth per cent and (1) no pyrrhotite is present, such producer
may sell or provide such coarse aggregate for use in a residential or
commercial concrete foundation for a period of one year beginning on
the date of receipt of such test results, or (2) pyrrhotite is present, such
producer shall not sell or provide such coarse aggregate in a manner
inconsistent with the acceptance and use indicated by the results of a
petrographic analysis or any requirement or restriction established by
the Commissioner of Energy and Environmental Protection pursuant to
subsection (f) of this section.
(f) The Commissioner of Energy and Environmental Protection, in
consultation with the State Geologist, may, if the results of the test
performed pursuant to this section reveal that the total sulfur content of
the sample in per cent by mass is less than one per cent and equal to or
greater than one-tenth per cent and pyrrhotite is present, (1) require
such producer to conduct additional petrographic and materials testing,
and (2) implement restrictions on such producer's sale or provision of
coarse aggregate.
(g) The Commissioner of Energy and Environmental Protection may Substitute House Bill No. 6798
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adopt regulations, in accordance with chapter 54 of the general statutes,
to implement the provisions of this section.
Sec. 2. (NEW) (Effective from passage) (a) For the purposes of this
section, "qualified geologist" has the same meaning as provided in
section 22a-349c of the general statutes, and "producer of aggregate" has
the same meaning as provided in section 1 of this act.
(b) (1) Not later than July 1, 2024, each producer of aggregate in
possession of coarse aggregate that is (A) intended for use in a
residential or commercial concrete foundation, and (B) from a source
other than a quarry required to prepare and provide a geological source
report pursuant to section 22a-349c of the general statutes, shall provide
a petrographic analysis or prepare a geological source report and
provide such report or analysis to the State Geologist and Commissioner
of Energy and Environmental Protection. Such report shall be prepared
in a form and manner prescribed by the commissioner, and shall
include, but need not be limited to, (i) the mining, processing, storage
and quality control methods utilized with respect to such coarse
aggregate, (ii) a description of the characteristics of such coarse
aggregate, which shall be prepared by a qualified geologist, (iii) a copy
of the results of an inspection of face material and geologic log analysis
of the site from which such coarse aggregate was excavated, which shall
be prepared by a qualified geologist, and (iv) a petrographic analysis of
a representative sample of such coarse aggregate, completed by a
qualified geologist. Not later than July 1, 2028, and every four years
thereafter, such producer shall update such report or analysis and
provide such updated report or analysis to the State Geologist and
commissioner.
(2) Any person who, on or before July 1, 2024, was not in possession
of coarse aggregate (A) intended for use in a residential or commercial
concrete foundation, and (B) from a source other than a quarry required
to prepare and provide a geological source report pursuant to section Substitute House Bill No. 6798
Public Act No. 23-185 4 of 4
22a-349c of the general statutes, but possesses such coarse aggregate
after July 1, 2024, shall prepare a petrographic analysis or geological
source report, described in subdivision (1) of this subsection, and
provide such analysis or report to the State Geologist and commissioner
prior to selling or providing such coarse aggregate for such use. Such
person shall update such analysis or report every four years thereafter
and provide such updated analysis or report to the State Geologist and
commissioner.
(c) No producer of aggregate or person required to provide an
analysis or report pursuant to this section shall sell or provide for use
coarse aggregate intended for use in a residential or commercial
concrete foundation if such producer or person fails to provide such
analysis or report.
Sec. 3. (NEW) (Effective from passage) (a) For the purposes of this
section, "producer of concrete" means any person who mixes coarse
aggregate with other component ingredients to create concrete for use
in a residential or commercial foundation.
(b) Not later than July 1, 2024, and annually thereafter, any producer
of concrete purchasing or receiving coarse aggregate intended for use in
a residential or commercial concrete foundation who does not operate a
quarry or other source from which such coarse aggregate was sourced,
shall, prior to mixing such coarse aggregate with other component
ingredients to create such concrete foundation, confirm with the person
selling or providing such coarse aggregate to such producer that (1) such
coarse aggregate is permitted to be sold pursuant to section 1 of this act
or section 22a-349c of the general statutes, as applicable, and (2) a
geological source report pertaining to the source of such coarse
aggregate has been provided in accordance with section 2 of this act or
section 22a-349d of the general statutes, as applicable.