Read the full stored bill text
hb284_02_PH
As Passed by the House
136th
General Assembly
Regular
Session
Sub. H. B. No. 284
2025-2026
Representatives Hiner, White, E.
Cosponsors: Representatives
Williams, Johnson, Ferguson, Fischer, Sweeney, Miller, K., Brennan,
Gross, Robb Blasdel, Demetriou, Mathews, T., Abdullahi, Abrams,
Baker, Barhorst, Bird, Brent, Brewer, Brownlee, Bryant Bailey, Click,
Cockley, Daniels, Dovilla, Ghanbari, Glassburn, Grim, Hall, T.,
Holmes, Hoops, Isaacsohn, Jarrells, King, Kishman, Klopfenstein,
Lampton, LaRe, Lawson-Rowe, Lett, Manning, Mathews, A., McNally,
Miller, J., Mohamed, Plummer, Richardson, Russo, Salvo, Santucci,
Sigrist, Sims, Stephens, Swearingen, Synenberg, Thomas, C., Tims,
Troy, Upchurch, White, A., Willis, Young
To
amend sections 153.011, 153.99, 3333.071, and 5525.21 of the Revised
Code
to
require iron or steel that is produced in the United States be used
on projects supported by state funds.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 153.011, 153.99, 3333.071, and 5525.21 of the Revised Code
be amended to read as follows:
Sec.
153.011.
(A)
Except as provided in division (D) of this section, whenever any
building
or
,
structure,
or
infrastructure,
including
highway improvements,
and utility infrastructure improvement projects involving water works
or sewage disposal,
in whole or in part supported by state
capital
funds,
including
moneys from the education facilities trust fund,
is
to be erected or constructed, or whenever additions, alterations, or
structural or other improvements are to be made, if any
iron
or
steel
products are to be purchased
for
or
provided
for permanent incorporation
in the construction,
maintenance,
repair,
or improvement project, only
iron
or
steel
products
produced
in the United States
as
defined in division
(F)
(G)
of this section shall be purchased
for
or
provided
for permanent incorporation
in the project.
(B)(1)
No person shall purchase or provide
iron
or
steel
products in violation of division (A) of this section.
(2)
Notwithstanding division (B) of section 153.99 of the Revised Code,
no person who purchases
iron
or
steel
products in violation of division (A) of this section shall be held
liable in a civil action commenced under division (C) of this
section, or pay a civil penalty under division (B) of section 153.99
of the Revised Code, if that person can demonstrate the person's
compliance with division (E) of this section.
(C)
Whenever the executive director of the Ohio facilities construction
commission has reasonable cause to believe that any person has
purchased or provided
iron
or
steel
products in violation of division (A) of this section, the executive
director shall conduct an investigation to determine whether the
person has purchased or provided or is purchasing or providing
iron or
steel products in violation of division (A) of this section. Upon
conducting the investigation, if the executive director finds that
the person has purchased or provided or is purchasing or providing
iron
or
steel
products in violation of division (A) of this section, the executive
director shall request the attorney general to commence a civil
action under this section against the person for violating division
(A) of this section. The remedy provided in this section is
concurrent with any other remedy provided in this chapter, and the
existence or exercise of one remedy does not prevent the exercise of
any other. Upon collection of the civil penalty under division (B) of
section 153.99 of the Revised Code, pursuant to an action authorized
under this section, the attorney general shall pay the money
collected to the treasurer of the board of education of the city,
local, or exempted village school district and joint vocational
school district, if one exists, in which the construction, repair, or
improvement project for which the
iron
or
steel
products used in violation of division (A) of this section is
located. The treasurer shall deposit the civil penalty in equal
amounts into the school district's general fund and the joint
vocational school district's general fund. If a joint vocational
school district does not exist where the violation occurred, then the
entire sum of the civil penalty shall be deposited into the school
district's general fund.
(D)
(D)(1)
Pursuant to section 5525.21 of the Revised Code, the director of
transportation may authorize the purchase or provision or both of a
minimal amount of foreign
iron
or
steel
products for use in contracts for public bridge projects.
The
executive director of the Ohio facilities construction commission may
waive the requirements of division (A) of this section if the
executive director determines that either division (A) or (B) of
section 5525.21 of the Revised Code is true in connection with a
public bridge project. The executive director shall issue this
determination in writing.
(2)(a)
Notwithstanding rules adopted by the director of administrative
services under division (B) of section 125.09 of the Revised Code,
the state agency that supports a project described in division (A) of
this section with state funds may, except with respect to public
bridge projects described under division (D)(1) of this section,
waive the requirements of division (A) of this section if any of the
following apply:
(i)
Applying the requirements of division (A) of this section would be
inconsistent with the public interest;
(ii)
Iron or steel products are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory
quality;
(iii)
Inclusion of iron or steel products produced in the United States
will increase the cost of the overall project by more than
twenty-five per cent.
(b)(i)
A waiver under division (D)(2)(a) of this section shall be issued in
writing and shall include an explanation of the applicability of one
or more of the factors listed under division (D)(2)(a) of this
section.
(ii)
The Ohio facilities construction commission shall create and make
available a standardized form that state agencies may use to issue
waivers pursuant to division (D)(2)(b)(i) of this section.
(3)
Except as otherwise provided under division (D)(1) of this section,
the purchase or provision of iron or steel products not produced in
the United States is not prohibited by this section if either of the
following is true:
(a)
The iron or steel products not produced in the United States are not
separately identified in the project specifications, and the cost of
iron or steel products not produced in the United States does not
exceed one-tenth of one per cent of the project's total iron and
steel material costs or two thousand five hundred dollars, whichever
is greater.
(b)
The iron or steel product not produced in the United States is a
component comprising five per cent or less of the total materials
cost of an iron or steel product that is otherwise produced in the
United States.
(E)
The following notice shall be included in boldface type and capital
letters in all bid notifications and specifications between all
parties to any contract authorized under Chapter 153. of the Revised
Code or subject to this section and section 153.99 of the Revised
Code: "Domestic
iron
and
steel
use requirements as specified in section 153.011 of the Revised Code
apply to this project. Copies of section 153.011 of the Revised Code
can be obtained from the office of the Ohio facilities construction
commission."
(F)
Rules
adopted by the director of administrative services, under division
(B) of section 125.09 of the Revised Code, shall prescribe criteria
and procedures for use by all state agencies in giving a preference
for iron or steel products produced in the United States as required
by this section.
(G)
As
used in this section:
(1)
"
Steel
Iron
or steel
products"
means
products
rolled, formed, shaped, drawn, extruded, forged, cast, fabricated or
otherwise similarly processed, or processed by a combination of two
or more of such operations, and used for load-bearing structural
purposes, from steel made in the United States by the open hearth,
basic oxygen, electric furnace, bessemer or other steel making
process
any
product made primarily of iron or steel, including, but not limited
to, lined or unlined pipes and fittings; bars and rods; wire, wire
ropes, and link chains; forgings; grating and drainage products;
access covers, hatches, manhole covers, and other castings; hydrants;
electric transmission and distribution poles; tanks; flanges; pipe
clamps and restraints; valves; structural steel and other steel mill
products; materials made primarily of iron or steel within precast
concrete; and other construction materials made primarily of iron or
steel. Except for applications involving waterworks products, sewer
products, plumbing products, or electric transmission and
distribution poles or posts, "iron or steel products" does
not mean electrical components, equipment, systems, or appurtenances,
including supports, shielding, and other appurtenances related to an
electrical system, necessary for operation or concealment
.
(2)
"United States" means the United States of America and
includes all territory, continental or insular, subject to the
jurisdiction of the United States.
(3)
"Made primarily of iron or steel" means composed primarily
of greater than fifty per cent iron or steel measured by component
cost, volume, or weight.
(4)
"Produced in the United States" means that, with respect to
iron and steel, all manufacturing processes, from the initial melting
stage, occur in the United States, other than metallurgical processes
to refine steel additives.
(5)
"State agency" has the same meaning as in section 153.03 of
the Revised Code.
Sec.
153.99.
(A)
Whoever violates section 153.58 of the Revised Code shall be fined
not more than one thousand dollars.
(B)
A person who purchases or provides
iron
or
steel
products in violation of division (A) of section 153.011 of the
Revised Code shall pay a civil penalty equal to one and one-half
times the purchase price of the
iron
or
steel
products purchased or provided in violation of that section.
Sec.
3333.071.
(A)
Notwithstanding
section 3345.16 of the Revised Code, no expenditure shall be made for
land for higher education purposes by public institutions of higher
education or agents of such institutions from any fund without the
approval of the chancellor of higher education and the controlling
board. No state appropriation for capital improvements shall be
released by the controlling board for the purchase of land or
buildings from any organization or corporation which has been
established to benefit or assist the institution, except that such
releases may be made if the land is to be used for a currently
state-financed improvement.
(B)
Any state institution of higher education project that is supported
in whole or in part by state funds shall comply with section 153.011
of the Revised Code.
Sec.
5525.21.
In
conjunction with the requirements of section 153.011 of the Revised
Code, the director of transportation may, in connection with any
bridge project for which a contract has been entered into, authorize
in writing the use of a minimal amount of foreign
iron
or
steel
products if either of the following is true:
(A)
The cost for each contract item used does not exceed one-tenth of one
per cent of the total contract cost, or two thousand five hundred
dollars, whichever is greater. For the purposes of this section, the
cost is the value of the
iron
or
steel
product as delivered to the project.
(B)
The director determines that specified
iron
or
steel
materials are not produced in the United States in sufficient
quantity or otherwise are not reasonably available to meet contract
requirements.
Section
2.
That
existing sections 153.011, 153.99, 3333.071, and 5525.21 of the
Revised Code are hereby repealed.