An Act To Buy American-made Products
Maine Legislature, Session 126, LD 0890
Committee Amendment CA_A_S303 (Senate)

COMMITTEE AMENDMENT" 
"to S.P. 311, L.D. 890, Bill, "An Act To Buy 
American-made Products" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA c. 153, SIub-c. 3 is enacted to read: 
SUBCHAPTER 3 
MAI.NE BUY AMERICA ACT 
§ 1777. Shorttitle 
This Act may be known and cited as "the Maine Buy America Act. " 
§ 1778. Definitions 
As used in this subchapter.! unless the context otherwise indicates, the following 
terms have the following meaning§.,. 
1. Emergency life safety and property safety goods. "Emergency life safety and 
property safety goods" means any goods that are part of or for addition to a system 
designed to prevent. respond to. alert regarding, suppress, control or extinguish an 
emergency or the cause of an emergency, or goods used to assist evacuation in the event 
of an emergency, that threatens life or property. "Emergency life safety and property 
safety goods" includes, but is not limited to, goods relating to systems or items for fire 
alarm, fire sprinkling, fire suppression, fire extinguishing, security, gas detection, 
intrusion detection, access control, video surveillance and recording, mass notification, 
public address, emergency lighting, patient wandering, infant tagging and nurse call. 
2. Manufactured good. "Manufactured good" means: 
A. An article, material or supply, including any preassembled items, brought to a 
construction site for incorporation into a public building or public work; and 
COMMITTEE AMENDMENT 
~".) 
~ 
COMMITTEE AMENDMENTA "to S.P. 311, L.D. 890 
B. Articles, materials or supplies acquired for public use. 
3. Manufactured in the United States. "Manufactured in the United States" means: 
A. In the case of an iron or steel product, all manufacturing takes place in the United 
States, except metallurgical processes involving the refinement of steel additives: and 
B. In the case of a manufactured good, other than an iron or steel product: 
(1) All of the manufacturing processes for the manufactured good take place in 
the United States; and 
(2) The origin of a manufactured good's components or subcomponents meets a 
minimum level of domestic content, as defined in rules established by the 
Department of Administrative and Financial Services pursuant to section 1780. 
4. Public agency. "Public agency" means the State and its departments, agencies, 
boards, commissions and institutions, but does not mean a municipality or school 
administrative unit. 
5. Public building or public work. "Public building or public work" means any 
structure, building, highway, waterway, street, bridge, transit system, airport or other 
betterment, work or improvement whether of a permanent or temporary nature and 
whether for governmental or proprietary use. "Public building or public work" includes, 
but is not limited to, any railway: street railway; subway; elevated and monorail 
passenger rolling stock; passenger and rail rolling stock; self-propelled car; gallery car; 
locomotive: passenger bus: wires, poles and equipment for electrification of a transit 
system: rails: tracks; roadbed: guideway: elevated structure: buildings: schools; hospitals: 
stations: terminals: docks: and shelters, and repairs to any such public buildings and 
public works. 
6. United States. "United States" means the United States of America and any 
territory or insular possession subject to the jurisdiction of the United States. 
§1779. Use of American-made materials 
1. Mandatory contract provision. Notwithstanding any other provision of law, 
each contract for the construction, reconstruction, alteration, repair, improvement or 
maintenance of a public building or public work made by a public agency must contain a 
provision that the manufactured goods, including iron and steel, used or supplied in the 
performance of the contract or any subcontract to the contract must be manufactured in 
the United States. 
2. Exceptions. A public agency may apply to the Governor or the Governor's 
designee for a waiver of the reguirements of subsection I in any case or category of cases 
in which the executive head of a public agency finds: 
A. That the application of the reguirements of subsection 1 would be inconsistent 
with the public interest; 
B. That the necessary manufactured goods are not produced in the United States in 
sufficient and reasonably available quantities and of a satisfactory guality: 
COMMITTEE AMENDMENT 
i'J 
~ 
COMMITTEE AMENDMENT 'J.,.. "to S.P. 311, L.D. 890 
C. That inclusion of manufactured goods manufactured in the United States will 
increase the cost of the overall project contract by an unreasonable amount, as 
defined in rules established by the Department of Administrative and Financial 
Services pursuant to section 1780; or 
D. 
The cost of the total contract for the construction, reconstruction, alteration, 
repair, improvement or maintenance of a public building or public work is below a 
minimum project cost as established by rules of the Department of Administrative 
and Financial Services pursuant to section 1780. 
3. Public review and comment. The Department of Administrative and Financial 
Services shall implement procedures to allow a reasonable amount of time for public 
review and comment on a reque:sted waiver under subsection 2 before making a finding 
based on the reguest and shall publish on the department's publicly accessible website, or 
in a newspaper of general circulation in the area of the proposed work, a detailed 
justification for any waiver granted. 
4. Intentional violations. The Department of Administrative and Financial Services 
shall, after a hearing, debar a person, business or other entity from participation in 
contracts or subcontracts with the State for 2 years if the department has reason to believe 
that person, business or other entity has intentionally: 
A. Affixed a label bearing a "Made in America" inscription, or any inscription with 
the same meaning, to any manufactured good, including iron and steel, used in a 
project to which this section applies when that manufactured good was not 
manufactured in the United States; 
B. 
Represented that any manufactured good, including iron and steel, used in a 
project to which this section applies was manufactured in the United States when that 
manufactured good was not manufactured in the United States; or 
C. Violated any provision of this subchapter. 
5. International trade obligations. This section must be applied in a manner 
consistent with the State's obligations under any applicable international agreements 
pertaining to government procur1ement. 
6. Exception for emergency life safety and property safety goods. The provisions 
of this subchapter do not apply to emergency life safety and property safety goods. 
§1780. Rules 
The Department of Administrative and Financial Services shall adopt routine 
technical rules as described in chapter 375, subchapter 2-A to implement this subchapter. 
Sec. 2. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF 
Purchases - Division of 0007 
Initiative: Provides funds for 2 Management Analyst I positions and related costs to 
comply with the Maine Buy America Act. 
COMMITTEE AMENDMENT 
~'o 
~1 
COMMITTEE AMENDMENTl{ "to S.P. 311, L.D. 890 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
2013-14 
2.000 
$105,370 
$5,366 
$110,736 
Sec. 3. Effective date. This Act takes effect June 1, 2014.' 
SUMMARY 
2014-15 
2.000 
$168,219 
$8,049 
$176,268 
This amendment, which is the majority report of the Joint Standing Committee on 
Labor, Commerce, Research and Economic Development, establishes the Maine Buy 
America Act and requires that all contracts for the construction, reconstruction, alteration, 
repair, improvement or maintenance of a public building or public work made by a state 
agency, board, commission or institution contain a provision that the manufactured 
goods, including iron and steel, used or supplied in the performance of the contract or any 
subcontract under the contract must be manufactured in the United States. 
This 
requirement does not apply to municipalities or school administrative units. 
This amendment requires that, in the case of a manufactured good other than an iron 
or steel product, all ofthe manufacturing processes take place in the United States and the 
origin of the manufactured good's components or subcomponents meet a minimum level 
of domestic content as established by rule. 
Under the amendment, a public agency may apply to the Governor or the Governor's 
designee for a waiver of the requirement if the executive head of the public agency finds 
that the application of the requirement would be inconsistent with the public interest, that 
the necessary manufactured goods are not produced in the United States in sufficient and 
reasonably available quantities and of a satisfactory quality or that inclusion of 
manufactured goods made in the United States will increase the cost of the overall project 
contract by an unreasonable amount. The Department of Administrative and Financial 
Services must develop rules regarding the Act, including rules to guide the waiver 
process and the process for public review and comment regarding requests for a waiver. 
The amendment requires that if the Department of Administrative and Financial 
Services has reason to believe that any person, business or other entity has intentionally 
made fraudulent representations about the domestic content of a manufactured good or 
has intentionally violated any provision of the legislation, the department must, after a 
hearing, debar that person, business or other entity from contracts or subcontracts with 
the State for 2 years. 
COMMITTEE AMENDMENT 
~ 
@ 
CJ; 
COMMITTEE AMENDMENT 'A "to S.P. 311, L.D. 890 
The amendment provides that the provisions of this legislation will be applied only if 
they are consistent with the State's obligations under any applicable international 
agreements pertaining to government procurement. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06117/13 
;:t1pac 
LD 890 
LR 402(02) 
An Act To Buy American-made Products 
Fiscal Note for Bill as Amended by Committee Amendment 'A"G-~ '\ 
Committee: Labor, Commerce, Research and Economic Development 
/ 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Potential current biennium cost increase - Highway Fund 
FY 2013-14 
FY 2014-15 
$110,736 
$176,268 
$110,736 
$176,268 
Projections 
FY 2015-16 
$181,438 
$181,438 
Projections 
FY 2016-17 
$186,838 
$186,838 
This bill includes a General Fund appropriation of$110,736 in fiscal year 2013-14 and $176,268 for 2 Management 
Analyst II positions within the Department of Administrative and Financial Services to comply with the Maine Buy 
America Act. Requiring all iron, steel and manufactured goods used or supplied in state public works projects be 
manufactured in the United States could increase the cost of such projects. Any cost increase would not be 
determined until bids are received. 
LR0402(02) - Fiscal Note - Page 1 of 1