Bill Text: MI HB5723 | 2017-2018 | 99th Legislature | Introduced
Bill Title: State financing and management; purchasing; use of state funds in water supply and wastewater projects; require use of certain materials. Creates new act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-03-15 - Bill Electronically Reproduced 03/14/2018 [HB5723 Detail]
Download: Michigan-2017-HB5723-Introduced.html
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.
