HB 284 — Require US-produced iron, steel be used on state-funded projects

As ReportedPassed by the House Development Committee 136th General Assembly Regular Session Sub.

Representatives Williams, Johnson, Ferguson, Fischer, Sweeney, Miller, K., Brennan, Gross, Robb Blasdel, Demetriou, Mathews, T.T., Abdullahi, Abrams, Baker, Barhorst, Bird, Brent, Brewer, Brownlee, Bryant Bailey, Click, Cockley, Daniels, Dovilla, Ghanbari, Glassburn, Grim, Hall, T., Holmes, Hoops, Isaacsohn, Jarrells, King, Kishman, Klopfenstein, Lampton, LaRe, Lawson-Rowe, Lett, Manning, Mathews, A., McNally, Miller, J., Mohamed, Plummer, Richardson, Russo, Salvo, Santucci, Sigrist, Sims, Stephens, Swearingen, Synenberg, Thomas, C., Tims, Troy, Upchurch, White, A., Willis, Young To amend sections 153.011, 153.99, 3333.071, and 1 5525.21 of the Revised Code to require iron or 2 steel that is produced in the United States be 3 used on projects supported by state funds.

To amend sections 153.011, 153.99, 3333.071, and 1 5525.21 of the Revised Code to require iron or 2 steel that is produced in the United States be 3 used on projects supported by state funds.

(A) Except as provided in division (D) of 7 this section, whenever any building or , structure, or 8 infrastructure, including highway improvements, and utility 9 infrastructure improvement projects involving water works or 10 sewage disposal, in whole or in part supported by state capital 11 funds, including moneys from the education facilities trust 12 fund, is to be erected or constructed, or whenever additions, 13 alterations, or structural or other improvements are to be made, 14 if any iron or steel products are to be purchased for or 15 provided for permanent incorporation in the construction, 16 maintenance, repair, or improvement project, only iron or steel 17 products produced in the United States as defined in division 18 (F)(G) of this section shall be purchased for or provided for 19 Sub.

284 Page 2 As ReportedPassed by the House Developmentprovided Committeefor permanent incorporation in the construction, 16 maintenance, repair, or improvement project, only iron or steel 17 products produced in the United States as defined in division 18 (F)(G) of this section shall be purchased for or provided for 19 permanent incorporation in the project.

The remedy provided in this section is concurrent 43 with any other remedy provided in this chapter, and the 44 existence or exercise of one remedy does not prevent the 45 exerciseSub. of any other.

Upon collection of the civil penalty 46 under division (B) of section 153.99 of the Revised Code, 47 pursuant to an action authorized under this section, the 48 attorney general shall pay the money collected to the treasurer 49 Sub.

284 Page 3 As ReportedPassed by the House Developmentexercise Committee of theany boardother. of education of the city, local, or exempted 50 village school district and joint vocational school district, if 51 one exists, in which the construction, repair, or improvement 52 project for which the iron or steel products used in violation 53 of division (A) of this section is located.

Upon collection of the civil penalty 46 under division (B) of section 153.99 of the Revised Code, 47 pursuant to an action authorized under this section, the 48 attorney general shall pay the money collected to the treasurer 49 of the board of education of the city, local, or exempted 50 village school district and joint vocational school district, if 51 one exists, in which the construction, repair, or improvement 52 project for which the iron or steel products used in violation 53 of division (A) of this section is located.

70 (2)(a) Notwithstanding rules adopted by the director of 71 administrative services under division (B) of section 125.09 of 72 the Revised Code, the state agency that supports a project 73 described in division (A) of this section with state funds may, 74 except with respect to public bridge projects described under 75 divisionSub. (D)(1) of this section, waive the requirements of 76 division (A) of this section if any of the following apply:

77 (i) Applying the requirements of division (A) of this 78 section would be inconsistent with the public interest;

79 Sub.

284 Page 4 As ReportedPassed by the House Developmentdivision Committee(D)(1) (ii)of Ironthis orsection, steelwaive products are not produced in the Unitedrequirements 80of States76 indivision sufficient(A) andof reasonablythis availablesection quantitiesif andany of 81the afollowing satisfactoryapply: quality;

77 (i) Applying the requirements of division (A) of this 78 section would be inconsistent with the public interest;

79 (ii) Iron or steel products are not produced in the United 80 States in sufficient and reasonably available quantities and of 81 a satisfactory quality;

103 (b)Sub. The iron or steel product not produced in the United 104 States is a component comprising five per cent or less of the 105 total materials cost of an iron or steel product that is 106 otherwise produced in the United States.

107 (E) The following notice shall be included in boldface 108 Sub.

284 Page 5 As ReportedPassed by the House Development(b) CommitteeThe typeiron andor capitalsteel lettersproduct not produced in allthe bidUnited notifications104 andStates 109is specificationsa betweencomponent allcomprising partiesfive toper anycent contractor authorizedless 110of underthe Chapter105 153.total materials cost of an iron or steel product that is 106 otherwise produced in the United States.

107 (E) The following notice shall be included in boldface 108 type and capital letters in all bid notifications and 109 specifications between all parties to any contract authorized 110 under Chapter 153.

electric 133 transmissionSub. and distribution poles;

H.

B.

No.

284 Page 6 As Passed by the House transmission and distribution poles;

Except for applications involving 138 Sub.waterworks products, sewer products, plumbing products, or 139 electric transmission and distribution poles or posts, "iron or 140 steel products" does not mean electrical components, equipment, 141 systems, or appurtenances, including supports, shielding, and 142 other appurtenances related to an electrical system, necessary 143 for operation or concealment.

H.

B.

No.

284 Page 6 As Reported by the House Development Committee waterworks products, sewer products, plumbing products, or 139 electric transmission and distribution poles or posts, "iron or 140 steel products" does not mean electrical components, equipment, 141 systems, or appurtenances, including supports, shielding, and 142 other appurtenances related to an electrical system, necessary 143 for operation or concealment.

158 (B) A person who purchases or provides iron or steel 159 products in violation of division (A) of section 153.011 of the 160 Revised Code shall pay a civil penalty equal to one and one-half 161 times the purchase price of the iron or steel products purchased 162 orSub. provided in violation of that section.

163 Sec.

3333.071.

(A) Notwithstanding section 3345.16 of the 164 Revised Code, no expenditure shall be made for land for higher 165 education purposes by public institutions of higher education or 166 agents of such institutions from any fund without the approval 167 Sub.

284 Page 7 As ReportedPassed by the House Developmentor Committeeprovided ofin theviolation chancellor of higherthat educationsection. and the controlling board.

163 Sec.

3333.071.

(A) Notwithstanding section 3345.16 of the 164 Revised Code, no expenditure shall be made for land for higher 165 education purposes by public institutions of higher education or 166 agents of such institutions from any fund without the approval 167 of the chancellor of higher education and the controlling board.

188 (B) The director determines that specified iron or steel 189 materials are not produced in the United States in sufficient 190 quantity or otherwise are not reasonably available to meet 191 contractSub. requirements.

H.

B.