In this subtitle the following words have the meanings indicated. “American steel product” means a product that is: produced from steel made in any state by the open hearth, basic oxygen, electric furnace, Bessemer, or other steel making process; and rolled, forged, drawn, cast, extruded, or otherwise similarly processed. “Public body” means: the State; a unit of the State government; or a county, municipal corporation, school or conservation district, or other governmental entity that, by State law, awards contracts for public construction or other public work.

The provisions of this subtitle do not apply if they conflict with a federal law or grant affecting a contract.

Except as otherwise provided in this subtitle, a public body shall require a contractor or subcontractor to use or supply only American steel products in the performance of a contract for: constructing or maintaining a public work; or buying or manufacturing machinery or equipment that: is composed of at least 10,000 pounds of steel products; and is to be installed at a public work site. This section does not apply if the head of a public body determines that: the price of American steel products is not reasonable, as provided in § 17-304 of this subtitle; American steel products are not produced in sufficient quantity to meet the requirements of the contract; or the purchase of American steel products would be inconsistent with the public interest. The public body shall give notice of the requirement for American steel products in the invitation for bids or request for proposals.

The Board shall adopt regulations, in accordance with Title 10, Subtitle 1 of the State Government Article, stating that a bid or offered price of an American steel product shall be considered reasonable if it does not exceed the sum of the bid or offered price of a similar steel product of foreign origin, including duty, plus: 20% of that bid or offered price; or 30% of that bid or offered price if the steel product is produced in a “substantial labor surplus area” as defined by the United States Department of Labor.

Unless a public body is satisfied that a person has completed the work in full compliance with §§ 17-303 and 17-304 of this subtitle, the public body may not pay or authorize a payment for work subject to §§ 17-303 and 17-304 of this subtitle to a person under a contract. If a person receives a payment that should not have been made under subsection (a) of this section, the Attorney General may recover the portion of the payment that is attributable to work that does not comply with §§ 17-303 and 17-304 of this subtitle directly from the person who did not comply with §§ 17-303 and 17-304 of this subtitle by filing a complaint in the circuit court for the county where the contract was executed or performed.

This subtitle may be cited as the “Maryland Buy American Steel Act”.