SF5115

Purpose

• To require that cement, concrete, and steel used in state-funded projects are made in the United States, with a defined exception process (waivers) if certain conditions apply. The bill also adds guidance and a bid preference related to using U.S.-made products.

Definitions and scope

• Covered project: Infrastructure, transportation, housing, school, or public facility projects that receive state money.
• Made in the United States: The non-U.S. components of cement, concrete, and steel must constitute less than five percent of the total cost for those materials.
• This sets the framework for what counts as “American-made” materials on state-funded projects.

What the bill requires (Main provisions)

• For covered projects receiving state money, cement, concrete, and steel used in the project must be made in the United States.
• The definition of “made in the United States” allows only a small share of non-U.S. components (less than 5% of the total cost of the cement, concrete, and steel), with the rest presumed U.S.-made.

Waivers and exceptions

• Agencies may grant a waiver if any of the following apply:
  • No cement, concrete, or steel is available that meets the U.S.-made requirement.
  • Using the requirement would increase the project cost by more than 25%.
  • An emergency exists requiring immediate procurement and compliant materials are not immediately available.
• If a waiver is granted, a copy must be published on the agency’s website within 30 days.
• The commissioner must provide guidance about the requirement and waiver provisions to state procurement staff and update agency policies to include a bid preference for covered projects that commit to U.S.-made products.

Interaction with other laws

• If another state law applies and there is a conflict, this section applies only to the extent it does not conflict with that other law.

Practical implications and impact

• Creates a Buy American-style requirement for major state-funded projects, potentially affecting procurement practices, costs, and supplier availability.
• Introduces transparency (waivers publicly posted) and a policy emphasis on U.S.-made materials in state contracting.

Significant changes to existing law

• Establishes a new mandatory standard for American-made cement, concrete, and steel on state-funded projects.
• Introduces a formal waiver process with criteria, publication timing, and a requirement for agency guidance and a bid preference favoring U.S.-made materials.
• Aligns procurement rules with an American-made materials goal, while preserving the ability to operate under other applicable state laws.

Relevant terms - Made in the United States - cement - concrete - steel - non-U.S. components - less than five percent - covered project - infrastructure - transportation - housing - school - public facility - state money / state-funded - waiver - emergency - cost increase - twenty-five percent (25%) - procurement - bid preference - agency guidance - Minnesota Statutes chapter 16B