February 14, 2017, Introduced by Senators JONES, ANANICH, MARLEAU, ROBERTSON, COLBECK, HILDENBRAND, HORN, CONYERS, STAMAS, MACGREGOR, O'BRIEN, SHIRKEY, BIEDA, GREEN, SCHUITMAKER, KNEZEK and SCHMIDT and referred to the Committee on Michigan Competitiveness.
A bill to require contracts for certain public works projects
to have certain provisions; to require competition for the use or
supply of certain materials and 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
"public works quality materials procurement act".
Sec. 2. As used in this act:
(a) "Pipe and piping materials" means pipes and piping
materials used to transport drinking water and wastewater.
(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 project" means a water supply project or a
wastewater project.
(e) "Wastewater project" means sewers, pipe and piping
materials, interceptors or waste treatment facilities, and
facilities for the collection and disposal of liquid and solid
waste.
(f) "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 enter into a contract
involving a public works project that is financed in whole or in
part by public funds unless, except as otherwise provided in
subsection (3), the pipe and piping materials to be used for the
public works project meet or exceed the recognized standards for
pipe and piping materials on similar projects as determined by the
American Society for Testing and Materials or the American Water
Works Association and that are in effect on the effective date of
this act and meet the performance specifications for the public
works project.
(2) Notwithstanding any other law, charter provision, or
ordinance to the contrary, if pipe and piping materials meet or
exceed the recognized standards for pipe and piping materials on
similar projects as determined by the American Society for Testing
and Materials or the American Water Works Association, then a
public entity shall not exclude that pipe and piping materials when
soliciting bids for a public works project.
(3) Subsection (1) does not limit the professional judgment of
the project's engineer to select any acceptable pipe and piping
materials that meet the requirements of the public works project.