Pennsylvania HB 1711: An Act amending Title 62 (Procurement) of the Pennsylvania Consolidated Statutes, providing for concrete innovation; establishing the Performance Incentive Program; and promulgating regulations.

Bill Text

PRINTER'S NO. 2108
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1711
Session of
2025
INTRODUCED BY STEELE, KUZMA, PROBST, HILL-EVANS, SANCHEZ,
D. WILLIAMS, MAYES, MEHAFFIE, KHAN, BRENNAN, RUSNOCK, TAKAC,
CEPEDA-FREYTIZ, ISAACSON AND DALEY, JULY 9, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, JULY 10, 2025
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, providing for concrete innovation; establishing the
Performance Incentive Program; and promulgating regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 62 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 34
CONCRETE INNOVATION
Sec.
3401. Scope of chapter.
3402. Definitions.
3403. Performance Incentive Program.
3404. Calculation and availability of performance incentives.
3405. Guidelines and regulations.
3406. Annual report.
§ 3401. Scope of chapter.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17

This chapter relates to the low-embodied carbon concrete
performance incentive.
§ 3402. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Carbon capture, utilization and storage technology."
Technologies or methods that:
(1) remove carbon dioxide from the atmosphere or prevent
carbon dioxide emission; and
(2) utilize carbon dioxide in the concrete manufacturing
process resulting in structural performance improvements, the
avoidance of carbon emissions or the permanent sequestration
of carbon emissions in durable materials.
"Commonwealth agency." As defined in section 103 (relating
to definitions).
"Concrete." The term shall include structural masonry or
precast or ready-mix concrete building products.
"Cost of delivery." The total cost of the concrete delivered
to the procurement agency, including costs related to materials,
labor and transportation.
"Department." The Department of General Services of the
Commonwealth.
"Embodied carbon emissions." Carbon emissions generated as a
result of a material's production, including mining, refining,
manufacturing and shipping.
"Environmental product declaration." A product-specific Type
III environmental product declaration that:
(1) conforms to ISO Standard 14025, as published on the
effective date of this section;
20250HB1711PN2108 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

(2) assesses the numeric global warming potential of the
product; and
(3) allows for environmental impact comparisons between
concrete mixes fulfilling the same functions.
"Global warming potential." A numeric value that measures
the total contribution to global warming from the emission of
greenhouse gases or the elimination of greenhouse gas sinks that
results from the production or utilization of concrete.
"Global warming potential baseline." A representative
average of the global warming potential of concrete products in
a region of the United States, derived from:
(1) published regional average data by the National
Ready Mixed Concrete Association or a comparable nationally
recognized source; or
(2) statistically significant samples of environmental
product declarations or equivalent verified data collected
from concrete products used in construction projects in
Pennsylvania.
"Low-embodied carbon concrete." Concrete that has been
certified by the Department of Environmental Protection to
embody lower carbon emissions than the baseline embodied carbon
emissions of conventional concrete as determined by the
Department of Environmental Protection, including, but not
limited to, biomass, ground glass pozzolan and other emerging,
innovative technologies.
"Low-embodied carbon performance incentive" or "performance
incentive." A payment issued to a qualified vendor under this
chapter as compensation for supplying a specified volume of
concrete for use in a capital project or improvement funded in
whole or in part by the Commonwealth, where the concrete's
20250HB1711PN2108 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

verified global warming potential is at least 20% lower than the
applicable global warming potential baseline.
"Procurement agency." A Commonwealth agency engaged in
procurement.
"Program." The Performance Incentive Program established
under section 3403(a) (relating to Performance Incentive
Program).
"Qualified vendor." A contractor, subcontractor, supplier or
other entity that provides concrete for use in a qualifying
project and meets the documentation and performance requirements
established under this chapter.
"Qualifying project." A capital project or public
improvement funded in whole or in part by the Commonwealth,
including through contracts with private vendors or
subcontractors, for which performance incentive payments under
this chapter may be issued.
§ 340