Legislative Document No. 1280 S.P. 400 In Senate, March 14, 2019
An Act To Establish the Maine Buy American and Build Maine Act
Reference to the Committee on State and Local Government suggested and ordered printed.
DAREK M. GRANT Secretary of the Senate
Presented by President JACKSON of Aroostook. Cosponsored by Representative MARTIN of Sinclair and Senators: BELLOWS of Kennebec, CHENETTE of York, CHIPMAN of Cumberland, DILL of Penobscot, GRATWICK of Penobscot, LUCHINI of Hancock, MIRAMANT of Knox, Representative: MARTIN of Eagle Lake.
Printed on recycled paper 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 5 MRSA c. 153, sub-c. 3 is enacted to read:
3 SUBCHAPTER 3
4 MAINE BUY AMERICAN AND BUILD MAINE ACT 5 §1777. Short title
6 This Act may be known and cited as "the Maine Buy American and Build Maine 7 Act."
8 §1778. Definitions
9 As used in this subchapter, unless the context otherwise indicates, the following 10 terms have the following meanings.
11 1. Department. "Department" means the Department of Administrative and 12 Financial Services.
13 2. Emergency life safety and property safety goods. "Emergency life safety and 14 property safety goods" means any goods that are part of or for addition to a system 15 designed to prevent, respond to, alert regarding, suppress, control or extinguish an 16 emergency or the cause of an emergency, or goods used to assist evacuation in the event 17 of an emergency, that threatens life or property. "Emergency life safety and property 18 safety goods" includes, but is not limited to, goods relating to systems or items for fire 19 alarm, fire sprinkling, fire suppression, fire extinguishing, security, gas detection, 20 intrusion detection, access control, video surveillance and recording, mass notification, 21 public address, emergency lighting, patient wandering, infant tagging and nurse call.
22 3. In-state contractor. "In-state contractor" means an individual residing in this 23 State or a business based in this State. "In-state contractor" includes: 24 A. If an individual, an individual who has a physical address in this State at which 25 the individual has established residency and has filed a Maine tax return for at least 26 the 2 years immediately prior to bidding on a state contract; or 27 B. If a business, a business that has a physical address in this State at which it 28 conducts business, including interviewing applicants for employment by the business 29 and hiring and employing staff, and: 30 (1) Has filed a Maine tax return or paid Maine employment taxes for at least the 31 2 years immediately prior to bidding on a state contract; 32 (2) If the business does not meet the requirements of subparagraph (1), an 33 officer, if the business is a corporation, a partner in the business or the sole 34 proprietor must meet the requirements of paragraph A; or
Page 1 - 129LR0750(01)-1 1 (3) If the business does not meet the requirements of subparagraph (1) or (2), at 2 least 60% of the individuals employed by the business are residents of this State. 3 For purposes of this subparagraph, an individual is a resident of this State if the 4 individual meets the requirements of Title 21-A, section 112. 5 4. Manufactured good. "Manufactured good" means: 6 A. An article, material or supply, including any preassembled items, brought to a 7 construction site for incorporation into a public building or public work; and 8 B. Articles, materials or supplies acquired for public use. 9 5. Manufactured in the United States. "Manufactured in the United States" means: 10 A. In the case of an iron, cement or steel product, all manufacturing takes place in 11 the United States, except metallurgical processes involving the refinement of steel 12 additives; and 13 B. In the case of a manufactured good other than an iron, cement or steel product: 14 (1) All of the manufacturing processes for the manufactured good take place in 15 the United States; and 16 (2) The origin of the manufactured good's components or subcomponents meets 17 a minimum level of domestic content, as defined in rules established by the 18 department pursuant to section 1780-A. 19 6. Public agency. "Public agency" means the State and its departments, agencies, 20 boards, commissions and institutions but does not mean a county, municipality or school 21 administrative unit.
22 7. Public building or public work. "Public building or public work" means any 23 structure, building, highway, waterway, street, bridge, transit system, airport or other 24 betterment, work or improvement whether of a permanent or temporary nature and 25 whether for governmental or proprietary use. "Public building or public work" includes, 26 but is not limited to, any railway; street railway; subway; elevated and monorail 27 passenger rolling stock; passenger rolling stock; self-propelled car; gallery car; 28 locomotive; passenger bus; wires, poles and equipment for electrification of a transit 29 system; rails; tracks; roadbed; guideway; elevated structure; school; hospital; station; 30 terminal; dock; shelter; and repairs to any such public building or public work.
31 8. United States. "United States" means the United States of America and any 32 territory or insular possession subject to the jurisdiction of the United States.
33 §1779. Use of American-made materials
34 1. Mandatory contract provision. Notwithstanding any other provision of law to 35 the contrary, a contract for the construction, reconstruction, alteration, repair, 36 improvement or maintenance of a public building or public work made by a public 37 agency must contain a provision that the manufactured goods, including iron, cement and 38 steel, used or supplied in the performance of the contract or any subcontract to the 39 contract must be manufactured in the United States.
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