HB 619 — United States-produced Iron and Steel in Public Works Projects

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB619CS/HB619 2022 A bill to be entitled An act relating to United States-produced iron and steel in public works projects;

authorizing the use of foreign steel and iron materials in certain circumstances;

requiring the Department of Management Service and the Department of Transportation to adopt rules;

providing a legislative finding and declaration of important state interest;

(a) "Governmental entity" means the state, or any office, board, bureau, commission, department, branch, division, or institution thereof, or a separate agency or unit of local government created or established by law or ordinance and the officersPage thereof.1of 5 CODING:

Words strickenare deletions;

words underlined are additions.

hb0619-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB619 2022 officers thereof.

or a department, commission, authority, school district, taxing district, water management district, board, public corporation, institution of higher education, or other public agency or body thereof Pageauthorized 1ofto 3expend CODING:public funds for the construction, maintenance, repair, renovation, remodeling, or improvement of public works.

(b) "Iron or steel products" means products made primarily of iron or steel, including, but not limited to, lined or unlined pipes and fittings;

bars and rods;

wire, wire ropes and link chains;

forgings;

grating and drainage products;

access covers, hatches, manhole covers and other castings;

hydrants;

electric transmission and distribution poles;

tanks;

flanges;

pipe clamps and restraints;

valves;

structural steel and other steel mill products;

materials made primarily of iron and steel within precast concrete;

and other construction materials made primarily of iron or steel.

(c) "Manufacturing process" means the application of a process to alter the form or function of materials or elements of a product in a manner that adds value and transforms the materials or elements into a new finished product that is functionally different from a finished product produced merely from assembling materials or elements into a product without applying such a process.

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hb0619-00hb0619-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB619CS/HB619 2022 authorized(d) "Produced in the United States" means, with respect to expendiron publicand fundssteel, forall manufacturing processes, from initial melting through application of coatings, occur in the construction,United maintenance,States, repair,other renovation,than remodeling,metallurgical orprocesses improvementto ofrefine publicsteel works.additives.

(b)(e) "Manufacturing"Public process"works project" means thean applicationactivity ofthat ais processpaid tofor alterwith theany formstate-appropriated funds or functionstate funds administered by the state and which consists of materialsthe construction, maintenance, repair, renovation, remodeling, or elementsimprovement ofof, a productbuilding, inroad, astreet, mannersewer, thatstorm addsdrain, valuewater andsystem, transformssite thedevelopment, materialsirrigation orsystem, elementsreclamation intoproject, agas newor finishedelectrical productdistribution thatsystem, isgas functionallyor differentelectrical fromsubstation, aor finishedother productfacility, producedproject, merelyor fromportion assemblingthereof materialsthat oris elementsowned intoin awhole productor withoutin applyingpart suchby aany process.governmental entity.

(c)(2) "PublicUNITED worksSTATES-PRODUCED project"IRON meansAND anSTEEL activityREQUIREMENT.— that(a) isNotwithstanding paid for with any state-appropriatedother fundsprovision orof fundslaw, administered by a governmental entity andentering whichinto consistsa ofcontract thefor construction,a maintenance,public repair,works renovation,project remodeling, or improvementfor of,the apurchase building,of road,materials street,for sewer,a stormpublic drain,works waterproject system,must siteinclude development,in irrigationthe system,contract reclamationa project,requirement gasthat orany electricaliron distribution system, gas or electricalsteel substation,product orpermanently otherincorporated facility,in project,the orproject portionbe thereofproduced that is owned in wholethe orUnited inStates. part by any governmental entity.

(d)(b) "ProducedParagraph in(a) thedoes Unitednot States"apply means,if withthe respectgovernmental toentity ironadministering andthe steel,funds allfor manufacturinga processes,public fromworks initialproject meltingor throughthe applicationpurchase of coatings,materials occurfor ina thepublic Unitedworks States,project othersolely thanPage metallurgical3of processes5 toCODING: refine steel additives.

(2) UNITED STATES-PRODUCED IRON AND STEEL REQUIREMENT.— Page 2of 3 CODING:

hb0619-00hb0619-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB619CS/HB619 2022 (a)determines Notwithstandingthat any other provision of law, a governmental entity entering into a contract for a public works project or for the purchasefollowing ofapply: materials for a public works project must include in the contract a requirement that any iron or steel product used in or purchased for the project be produced in the United States.

(b) Paragraph (a) does not apply if the governmental entity entering into a contract for a public works project or the purchase of materials for a public works project determines that:

Iron or steel products produced in the United States are not produced in sufficient quantities, reasonably available, or of satisfactory quality.quality;

The use of iron or steel products produced in the United States will increase the total cost of the project by more than 20 percent.percent;

or 3.

(c) When steel and iron materials are used in a public works project, paragraph (a) does not prevent a minimal use of foreign steel and iron materials, if:

1.

Such materials are incidental or ancillary to the primary product and are not separately identified in the project specifications.

2.