Text Box: SENATE BILL No. 1092

 


Text Box: SENATE BILL No. 1092

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1092

 

 

September 21, 2016, Introduced by Senator KOWALL and referred to the Committee on Commerce.

 

 

 

     A bill to require contracts for certain public works to have

 

certain provisions; to require the use or supply of American steel

 

products on certain public works projects; to impose certain

 

conditions and provide for certain exemptions; and to impose

 

certain powers and duties on certain public entities and certain

 

state and local officials.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the "steel

 

products procurement act".

 

     Sec. 2. As used in this act:

 

     (a) "American steel products" means products rolled, formed,

 

shaped, drawn, extruded, forged, cast, fabricated, or otherwise


similarly processed, or processed by a combination of 2 or more of

 

these operations, from steel made in the United States by the open

 

hearth, basic oxygen, electric furnace, Bessemer, or other steel-

 

making process. American steel products also include iron products

 

cast from iron melted in an electric arch, cupola, or induction

 

furnace. If a product contains both foreign and American steel

 

products, that product shall be determined to be an American steel

 

product only if at least 75% of the cost of the articles,

 

materials, and supplies have been mined, produced, or manufactured,

 

as the case may be, in the United States.

 

     (b) "Public entity" means this state or an agency or authority

 

of this state, school district, community college district,

 

intermediate school district, city, village, township, county,

 

public authority, or public airport authority.

 

     (c) "Public funds" includes legislative appropriations and

 

local or state tax revenue.

 

     (d) "Public works" means a public structure, building,

 

highway, waterway, street, bridge, transit system, airport,

 

pipeline, or other betterment, work, or improvement, whether of a

 

permanent or temporary nature and whether for governmental or

 

proprietary use.

 

     Sec. 3. (1) A public entity shall not enter into a contract

 

for the construction, reconstruction, alteration, repair,

 

improvement, or maintenance of public works financed in whole or in

 

part by public funds unless that contract contains a provision that

 

all steel products used or supplied in the performance of the

 

contract and any related subcontract are American steel products.


     (2) Subsection (1) does not apply if the public agency

 

entering into the contract determines, in writing, that American

 

steel products are not produced in, or available in, sufficient

 

quantity to meet the requirements of the contract.