As Introduced

136th General Assembly

Regular Session H. B. No. 284

2025-2026

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 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 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) 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.

(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. The rules shall be consistent with the American iron and steel preference standard established in the federal "Safe Drinking Water Act," 42 U.S.C. 300j-12(a)(4)(C).

(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 processany 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.

(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.

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.