See other bills
under the
same topic
PRINTER'S NO. 4166
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2715
Session of
2020
INTRODUCED BY BURNS, MILLARD, SCHLOSSBERG, D. MILLER, PASHINSKI,
ROZZI, DELLOSO, ZIMMERMAN, CIRESI, MALAGARI, DERMODY,
NEILSON, KORTZ, ORTITAY, BURGOS, O'NEAL, T. DAVIS AND DeLUCA,
JULY 30, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 30, 2020
AN ACT
Amending the act of March 3, 1978 (P.L.6, No.3), entitled "An
act to promote the general welfare and stimulate the economy
of the Commonwealth by requiring that all public bodies,
including the Commonwealth, its political subdivisions, and
all authorities, include in all contracts for construction,
reconstruction, alteration, repair, improvement or
maintenance of improvements of a permanent or temporary
nature, a provision that if any steel products are to be used
in the performance of the contract only steel products
produced in the United States shall be used, and imposing
liability for violation of this act," further providing for
contracts for public works to use or supply steel products
and for restrictions on payments by public agencies under
certain circumstances.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4 and 5 of the act of March 3, 1978
(P.L.6, No.3), known as the Steel Products Procurement Act, are
amended to read:
Section 4. (a) Every public agency shall require that every
contract document for the construction, reconstruction,
alteration, repair, improvement or maintenance of public works
contain a provision that, if any steel products are to be used
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
or supplied in the performance of the contract, only steel
products as herein defined shall be used or supplied in the
performance of the contract or any subcontracts thereunder.
(a.1) Any person initiating a project involving
construction, reconstruction, alteration, repair, improvement or
maintenance for which the person has received or will receive
public funding or tax incentives from a public agency, shall use
steel products as herein defined if any steel products are to be
used or supplied in the completion of the project. This
subsection shall apply to any subcontracts thereunder.
(b) This section shall not apply in any case:
(1) where the head of the public agency, in writing,
determines that steel products as herein defined are not
produced in the United States in sufficient quantities to meet
the requirements of the contract; or
(2) to items on a list of exempt machinery and equipment
steel products, which have been identified by the Department of
General Services as not produced in the United States in
sufficient quantities in the previous calendar year, and
published on the department's publicly accessible Internet
website, which contractors, subcontractors, suppliers, bidders,
offerors and public agencies can rely upon in preparing bids and
contracts. The list of exempt machinery and equipment steel
products shall be updated annually on a date selected by the
Department of General Services. The Department of General
Services may not make changes to the list during the year
following publication. Prior to publication on the Internet
website, and in each subsequent year, the Department of General
Services shall publish the list of exempt machinery and
equipment steel products in the Pennsylvania Bulletin and
20200HB2715PN4166 - 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
provide for a 30-day public comment period. The Department of
General Services shall, through a statement of policy, establish
a process for creating the list of exempt machinery and
equipment steel products and resolving disputes with respect to
items on the list raised during the public comment period prior
to the publication of the Internet website. The provisions of 2
Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
Commonwealth agencies) shall not apply to this section.
Section 5. (a) No public agency shall authorize, provide
for or make any payments to any person under any contract
containing the provision required by section 4 unless, when
unidentified steel products are supplied under a contract, such
person has provided documentation including, but not limited to,
invoices, bills of lading, and mill certification that the steel
was melted and manufactured in the United States, which
establish that such person has fully complied with such
provision. If a steel product is identifiable from its face,
such person must submit certification which satisfies the public
agency that such person has fully complied with the provision
required by section 4. Any such payments made to any person by
any public agency which should not have been made as a result of
this section shall be recoverable directly from the contractor,
subcontractor, manufacturer or supplier who did not comply with
section 4 by either such public agency or the Attorney General
of Pennsylvania.
(a.1) No public agency shall authorize, provide for or make
any payments to any person of public funds, grants, tax credits
or other tax incentives from a public agency unless, when
unidentified steel products are supplied, such person has
provided documentation including, but not limited to, invoices,
20200HB2715PN4166 - 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
bills of lading and mill certification that the steel was melted
and manufactured in the United States, which establishes that
such person has fully complied with such provision. If a steel
product is identifiable from its face, such person must submit
certification which satisfies the public agency that such person
has fully complied with the provision required under section 4.
Any such payments made to any person by any public agency which
should not have been made as a result of this section shall be
recoverable directly from the contractor, subcontractor,
manufacturer or supplier who did not comply with section 4 by
either such public agency or the Attorney General of
Pennsylvania.
(b) In addition to the withholding of payments, any person
who willfully violates any of the provisions of this act shall
be prohibited from submitting any bids to any public agency for
any contract for a period of five years from the date of the
determination that a violation has occurred. In the event the
person who violates the provisions of section 4(a) is a
subcontractor, manufacturer or supplier, such person shall be
prohibited from performing any work or supplying any materials
to a public agency for a period of five years from the date of
the determination that a violation has occurred.
(c) Title 2 of the Pennsylvania Consolidated Statutes
(relating to administrative law and procedure) applies to
decisions by public agencies that a person has violated section
4(a).
Section 2. This act shall take effect in 60 days.
20200HB2715PN4166 - 4 -
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