HOUSE BILL No. 5723

 

 

March 14, 2018, Introduced by Rep. Chatfield and referred to the Committee on Michigan Competitiveness.

 

     A bill to preempt local ordinances regulating, prohibiting,

 

restricting, or mandating the use of certain materials for certain

 

public works projects; and to allow competition for the use or

 

supply of certain materials and products on certain public works

 

projects.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

"public works quality materials procurement act".

 

     Sec. 2. As used in this act:

 

     (a) "Ordinance" means an ordinance, resolution, or other

 

appropriate legislative or administrative enactment of the

 

governing body of a public entity. Ordinance does not include

 

design or construction specifications developed by a professional

 

engineer in consultation with the public entity that are specific

to a particular public works project.

 

     (b) "Pipe and piping materials" means pipes and piping

 

materials used to transport drinking water and sanitary wastewater.

 

     (c) "Public entity" means a school district, community college

 

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

 

county, public authority, or public airport authority.

 

     (d) "Public funds" means state appropriations for public works

 

projects.

 

     (e) "Public works project" means a water supply project or a

 

wastewater project.

 

     (f) "Wastewater project" means sanitary sewers, pipe and

 

piping materials, interceptors or waste treatment facilities, and

 

facilities for the collection and disposal of liquid and solid

 

waste.

 

     (g) "Water supply project" means pipe and piping materials,

 

lines, and other facilities needed for the pumping, treatment, and

 

distribution of drinking water.

 

     Sec. 3. (1) A public entity shall not adopt or enforce an

 

ordinance that prohibits, restricts, or limits the evaluation,

 

comparison, or usage of certain pipe and piping materials that meet

 

current American Society for Testing and Materials, American Water

 

Works Association, Great Lakes-Upper Mississippi River Board,

 

American National Standards Institute, NSF International standards,

 

or the performance specifications determined by a professional

 

engineer to be used for a public works project that is financed in

 

whole or in part by public funds.

 

     (2) Subsection (1) does not limit the professional judgment of

the project's engineer to specify or select any acceptable pipe and

 

piping materials based on the performance requirements for the

 

particular public works project.