Revision: May 5, 2022, 11:25 a.m.
Sen. Sherman, Dist 24
Sen. Carson, Dist 14
May 5, 2022
2022-1974s
08/10
Floor Amendment to HB 1503-FN
Amend the title of the bill by replacing it with the following:
AN ACT adopting the Uniform Commercial Code relative to controllable electronic records, relative to exempting the developer, seller, or facilitator of the exchange of an open blockchain token from certain securities laws and establishing state procurement policies intended to promote the use of American materials.
Amend the bill by replacing section 86 with the following:
86 New Subparagraphs; Department of Administrative Services; Division of Procurement and Support Services; Structural Steel Defined. Amend RSA 21-I:11, II by inserting after subparagraph (f) the following new subparagraphs:
(g) "Structural steel" shall mean a product consisting of the elements of the structural frame that are shown and sized in the structural design documents, essential to support the design loads as defined in the 2016 American Institute of Steel Construction (AISC) code of standard practice for steel buildings and bridges 303-16.
(h) "Domestic fabricated structural steel" shall mean an iron or steel product where all manufacturing must take place in the United States, from the initial melting stage, through fabrication, and application of coatings, except metallurgical processes involving the refinement of steel additives. The miscellaneous steel or iron components, subcomponents, and hardware necessary to encase, assemble, and construct such components, including, but not limited to, cabinets, covers, shelves, clamps, fittings, sleeves, washers, bolts, nuts, screws, tie wire, spacers, chairs, lifting hooks, faucets, and door hinges, shall not be subject to the United States manufacturing requirement of this definition.
(i) "Permanently incorporated product" shall mean a product that is required to remain in place at the completion of the project contract, in a fixed location, affixed to the public work to which it was incorporated and shall not mean a product that will be removed from the project at or before its completion.
87 New Paragraph; Department of Administrative Services; Division of Procurement and Support Services; Established Preference of American Made Materials in State Administered Contracts. Amend RSA 21-I:11 by inserting after paragraph II the following new paragraph:
III.(a) Notwithstanding any law to the contrary relating to procurement and to the extent permitted by federal law, any state administered contract for construction, reconstruction, alteration, repair, improvement, or maintenance of a public building or public works with the state shall contain a provision that the permanently incorporated iron, structural steel, and fabricated structural steel used or supplied in the performance of the contract or any subcontract as defined in RSA 21-I:11, II shall be fabricated in the United States. Such provision shall only be required if there is at least $1,000,000 state dollars being used in the contract.
(b) Departments and agencies of this state affected by subparagraph (a) shall identify what steel products need Buy America certification in the contract documents.
(c) Departments and agencies of this state affected by subparagraph (a) may request a waiver from the department of administrative services, which shall provide an opportunity for public hearing and comment at least 30 days before finalizing a waiver, in the same manner as described in RSA 541-A:11. The department of administrative services may grant a waiver upon finding that:
(1) Application of the project would be inconsistent with the public interest;
(2) The product is not produced or fabricated in the United States and that it would be in the public interest to provide a waiver;
(3) The item for which a waiver is being requested is not produced and fabricated in the United States in sufficient and reasonably available quantities and of satisfactory quality; or
(d) A request for waiver under subparagraph (c) shall include facts and justification to support the granting of the waiver. The response to a request shall be in writing and made available to the public upon request. In granting a waiver, the department of administrative services shall consider all appropriate factors including, but not limited to, any cost, administrative burden, and delay that would be imposed if the provision were not waived.
(e) Waivers granted by the department of administrative services under subparagraph (b), shall be granted on a project-by-project basis and shall be nontransferable.
(f) If a court or federal or state agency has determined that any person intentionally affixed a "Made in America" label to structural steel under this paragraph that was not made in the United States or otherwise falsely represented that structural steel under this paragraph was produced in the United States, the department of administrative services shall withhold contract payment until the structural steel can be replaced, a waiver is granted, or the noncompliance of this paragraph is otherwise remedied. Failure to comply or produce a satisfactory remedy to the state may result in debarment proceedings in accordance with RSA 21-I:11-c, III.
(g) If any provision of this paragraph or application thereof is held to be invalid or in conflict with any applicable laws, this invalidity or conflict shall not affect the other provisions or applications which shall be given affect without the invalid provisions or applications, and to this end, the provisions and applications of this paragraph are severable.
I. Sections 86-87 of this act shall take effect January 1, 2023.
II. The remainder of this act shall take effect January 1, 2025.
2022-1974s
AMENDED ANALYSIS
This bill exempts the developer, seller, or facilitator of the exchange of an open blockchain token from certain securities laws. This bill also adopts the Uniform Commercial Code on controllable electronic records. This bill also establishes the requirement, as well as waiver and fraud processes, for the use of American made steel products in all public works projects where the state administers the contract and the contract involves at least $1,000,000 state dollars.