Bill Text: DE HB421 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 17 Of The Delaware Code Relating To The Delaware Memorial Bridge.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-06-25 - Reported Out of Committee (TRANSPORTATION/LAND USE AND INFRASTRUCTURE) in House with 5 On Its Merits [HB421 Detail]
Download: Delaware-2013-HB421-Draft.html
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SPONSOR: |
Rep. Brady & Sen. Marshall |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 421 |
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AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO THE DELAWARE MEMORIAL BRIDGE. |
Section 1.Amend §301, Title 17 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§301 Definitions.
As used in this chapter, unless the context indicates a different intent:
(4) "Manufactured in the United States" means, in the case of an iron or steel product, products for which all manufacturing takes place in the United States, except that metallurgical processes involving the refinement of steel additives need not take place in the United States, and in the case of a manufactured product, products for which all manufacturing takes place in the United States and all manufacturing processes for all component parts of the product takes place in the United States.
Section 2.Amend §305(a), Title 17 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§305 Power to contract; competitive bidding; accounting of expenses; annual report.
(a)(1) The Department may make and enter into all contracts and agreements with any person, public body or authority of this or any other state which it may consider necessary to or advisable for the performance of its duties and the execution of its powers under this chapter. It may establish rules and regulations covering advertising for proposals for repairs or additions thereto or improvements of the Bridge and may establish standards of eligibility for prospective bidders. It may receive sealed proposals for repairs or additions or improvements or for the materials required for such repairs, additions or improvements, reserving the right to reject any or all proposals, and the proposals shall be publicly opened at the time specified in the advertisement. The contract or contracts for such work or for the materials and supplies required therefor shall be awarded by the Department to the lowest responsible bidder, unless in the opinion of the Department the interests of the State will be better served by awarding the contract to some other bidder. The iron, steel, and manufactured products used or supplied in the performance of the contract, or any subcontract thereto, shall be manufactured in the United States, unless waived pursuant to subsection (a)(2) of this section.The successful bidder shall promptly execute a formal contract, to be approved as to its form, terms and conditions by the Department, and shall also furnish a bond in accordance with §6909 of Title 29, and all such provisions, as far as applicable, are incorporated herein by reference, and all of the provisions thereof applicable to bonds furnished thereunder shall be likewise applicable to bonds furnished hereunder. In the event, after advertisement referred to herein, the Department is unable to secure a satisfactory proposal for repairs, additions or improvements, it may proceed with such repairs, additions or improvements with forces employed by it for the purpose. The Department may employ engineering, architectural and construction experts and inspectors and attorneys and such other experts and employees as may be necessary in its judgment for any of the purposes herein stated and fix their compensation. All expenses incurred by the Department shall be charged by the Department to the project and the Department shall keep proper records and accounts showing each amount so charged. The amount so charged shall be paid by the Department from the funds to be supplied for the purposes of this chapter for preliminary expenses in connection with the Bridge or from funds specially appropriated for the temporary use of the Department. Any of the moneys appropriated for such temporary use of the Department prior to the furnishing of funds for the purpose of carrying out the terms of this chapter which may be used by the Department shall be repaid by the Department to the State Treasury from the funds so to be supplied. No liability or obligation shall be incurred by the Department hereunder beyond the amount of money which shall have been previously appropriated by the General Assembly or beyond the amount of the funds to be otherwise supplied for the purpose of carrying out the purposes of this chapter.
(2) The provisions of subsection (a)(1) of this section regarding iron, steel, and manufactured products may be waived, upon request submitted to the Secretary of the Department, in any case or category of cases in which the Secretary finds that:
a. the application of this section is inconsistent with the public interest;
b. the materials and products necessary to complete a contract are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
c. inclusion of materials and products manufactured in the United States will increase the cost of the project by more than 25 percent.
At least 30 days before issuing a waiver pursuant to this paragraph, the Secretary shall provide public notice of, and an opportunity for public comment on, the proposed waiver.Public notice of a proposed waiver required pursuant to this paragraph shall:
a. summarize the reason for the request, including the exception in subsection c. of this section under which the waiver is being sought;
b. be posted prominently on the public website of the Department; and
c. be provided by electronic means to any person, firm, or corporation that makes a written or electronic request to the port authority.
If, after public notice and comment required by subsections d. and e. of this section, the executive director or deputy executive director determines to issue a waiver, the executive director or deputy executive director shall provide a detailed justification for the waiver that shall be posted prominently on the public Internet website of the port authority and provided by electronic means to any person, firm, or corporation that has made a written or electronic request to the port authority to receive notice of waiver actions.The justification shall address the public comments received and be published before the waiver takes effect.
Section 3.This Act shall become effective 180 days after its enactment.
SYNOPSIS
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This bill requires that repairs or additions or improvements on the Delaware Memorial Bridge use iron, steel, and manufactured products made in the United States unless the Secretary of DelDOT determines one of the stated exceptions applies.The bill provides a process for, and notice of, the Secretary's determination. |
