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HB 5789

State management: purchasing; public works projects; require that certain construction materials produced in the United States be procured for. Creates new act.

2025-2026 Regular Session Introduced by Cam Cavitt

Starting Jan 1, 2030, state projects must use U.S.-produced cement, concrete, and steel unless a waiver is granted for unavailability, cost, or emergencies.

bill electronically reproduced 04/14/2026
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Bill Summary · HB 5789

Summary of HB 5789 (2025-2026) — Michigan

Purpose and intent

HB 5789 would require that certain construction materials be produced in the United States for specified state-funded projects. The bill establishes a framework for when waivers can be granted and directs state leadership to provide guidance and adopt related procurement preferences. The overall aim is to prioritize domestically produced cement, concrete, and steel in funded infrastructure, transportation, housing, schools, and public facilities.

Key definitions

  • Covered materials: cement, concrete, or steel.
  • Covered project: an infrastructure, transportation, housing, school, or public facility project that receives state funds.
  • Department: Department of Technology, Management, and Budget (DTMB).
  • State agency: a department or agency within the executive branch of the state government.

Main requirements

  • Beginning January 1, 2030, a state agency may not procure covered materials for a covered project unless the materials are produced in the United States.
  • A material is considered U.S.-produced if all non-U.S.-produced components constitute less than 5% of the total cost of the covered materials.

Waivers (Section 5)

A state agency can grant a waiver from the U.S.-produced requirement if any of the following conditions are met:
- (a) No covered materials meeting the U.S.-produced standard are available.
- (b) Procuring compliant materials would increase the project cost by more than 25%.
- (c) An emergency exists requiring immediate procurement of materials that meet the standard but cannot be procured immediately.

Transparency and guidance

  • Waivers must be published on the agency’s website within 30 days of being granted.
  • The DTMB must provide guidance to all executive-branch procurement officials and update procurement policies to include a bid preference for projects using products manufactured in Michigan (state-produced preference).

Compliance and conflicts

  • If another law governs the procurement of covered materials and conflicts with HB 5789, the act applies to the extent it does not conflict with that other law.

Effective date

  • The procurement requirements of HB 5789 take effect starting January 1, 2030.

Administrative and reporting notes

  • The bill was introduced in April 2026 by Rep. Cam Cavitt (with a listed sponsor) and referred to the Committee on Regulatory Reform.
  • The act envisions ongoing guidance and policy updates from the DTMB to support compliant procurement practices.

Potential impacts

  • Projects funded with state money would increasingly favor domestically produced cement, concrete, and steel beginning in 2030.
  • Waivers provide flexibility in cases of unavailability, cost concerns (threshold: +25%), or emergencies, with public disclosure requirements for transparency.
  • Administrative workload for state agencies and the DTMB to assess availability, cost impacts, and to publish waivers and guidance.
  • Potential impact on project budgeting and timelines where domestic material supply may affect procurement options.

If you’d like, I can tailor this summary to a particular audience (e.g., lawmakers, contractors, or the general public) or add a brief comparison to existing state procurement policies.

Compiled from official sources — confirm details with the bill’s official record.

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