Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H235 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 316 FILED ON: 1/11/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 235
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Scanlon
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to support MassMakers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Adam Scanlon14th Bristol1/11/2023 1 of 26
16	16	HOUSE DOCKET, NO. 316 FILED ON: 1/11/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 235
18	18	By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No.
19	19	235) of Adam Scanlon for legislation to establish a one-stop shop interactive web portal to be
20	20	known as the MassMakers portal for prospective and established businesses in the
21	21	Commonwealth. Community Development and Small Businesses.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to support MassMakers.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. This Act may be known as the MassMakers Act. For purposes of this Act,
31	31	2the following terms shall have the following meanings unless the context clearly requires
32	32	3otherwise:
33	33	4 “H⇧RE MASS”, the entrepreneurial and business skills program established pursuant to
34	34	5Section 7 of this Act, designed to provide skills to aspiring entrepreneurs and microbusinesses, as
35	35	6defined in this Act, to start up, scale up, and become the next generation’s employers.
36	36	7 “Mass Main Streets”, the office of Massachusetts main streets established pursuant to
37	37	8Section 5 of this Act, for the purpose of protecting, coordinating, promoting, and revitalizing
38	38	9downtowns and commercial districts of the commonwealth’s cities and towns.
39	39	10 “MassMade business”, an enterprise which (i) has its principal place of business in the
40	40	11commonwealth; (ii) is in good standing with the department of revenue; (iii) is registered with 2 of 26
41	41	12Supply Mass/Buy Mass, as defined in this Act; and (iv) produces raw materials, including
42	42	13agricultural items, in the commonwealth, or manufactures products or goods in the
43	43	14commonwealth.
44	44	15 “MassMakers Portal”, the one-stop shop interactive web portal established pursuant to
45	45	16Section 3 of this Act for prospective and established businesses in the commonwealth, to serve as
46	46	17the single, unified entry point for business information and statutory and regulatory compliance.
47	47	18 “Massport Model”, the bidder selection model implemented by the port authority which,
48	48	19in the port authority’s requests for proposals, requires bidders to incorporate diversity and
49	49	20inclusion plans into their bids, such plans to be considered alongside traditional criteria when
50	50	21evaluating bids and given a weight of 25%.
51	51	22 “Microbusiness”, an enterprise which has its principal place of business in the
52	52	23commonwealth, is independently owned and operated, and (i) if a manufacturing firm, has 25 or
53	53	24fewer employees, or (ii) if a service, construction or non-manufacturing firm, has 25 or fewer
54	54	25employees and average annual gross receipts over the 3 previous years not exceeding
55	55	26$3,500,000, indexed for inflation.
56	56	27 “Minority business”, an enterprise which has its principal place of business in the
57	57	28commonwealth, is independently owned and operated, and at least 51% of which is owned and
58	58	29dominantly controlled by adult minority principals as defined in 425 CMR 2.02(1), or any
59	59	30successor regulation thereto.
60	60	31 “Small business”, a business entity, including its affiliates, that: (i) is independently
61	61	32owned and operated; (ii) has a principal place of business in the commonwealth; and (iii) would 3 of 26
62	62	33be defined as a ''small business'' under applicable federal law, as established in the United States
63	63	34Code and promulgated from time to time by the United States Small Business Administration.
64	64	35 “Supply Mass/Buy Mass”, the program established pursuant to Section 4 of this Act for
65	65	36the purpose of connecting local suppliers with local purchasers.
66	66	37 “Massachusetts-based business”, an enterprise that: (i) has its principal place of business
67	67	38in the commonwealth; (ii) is in good standing with the department of revenue; and (iii) has been
68	68	39in business for at least 1 year.”
69	69	40 SECTION 2. Section 57 of chapter 7 of the General Laws is hereby amended by adding
70	70	41the following paragraphs:-
71	71	42 In order to fulfill the commitment embodied in the foregoing policy, it is not sufficient
72	72	43that the state government see that all available services and programs are put to the best use. The
73	73	44state government has an affirmative duty to advance diversity and equity in all of its own rules,
74	74	45regulations and practices. It is therefore incorporated into the policy of the commonwealth that
75	75	46all agencies of the commonwealth, when procuring supplies or services via requests for
76	76	47proposals from private businesses, include diversity and inclusion plan requirements in all such
77	77	48requests and consider those plans alongside traditional criteria when evaluating bids. The weight
78	78	49given to diversity and inclusion plans when evaluating bids shall be determined by each agency
79	79	50of the commonwealth in collaboration with the executive office of housing and economic
80	80	51development, the executive office of labor and workforce development, the executive office for
81	81	52administration and finance, the commission against discrimination, the supplier diversity office,
82	82	53the vendor advisory team formed by the gaming commission, and the port authority. Agencies 4 of 26
83	83	54may seek guidance from the Massport Model in determining the weight to be given to diversity
84	84	55and inclusion plans when evaluating bids.
85	85	56 The secretary of each executive office is hereby authorized to promulgate regulations to
86	86	57assure the timely and effective implementation of this section.
87	87	58 SECTION 2A. Section 22O of chapter 7 of the General Laws, as appearing in the 2020
88	88	59Official Edition, is hereby amended by adding the following paragraph:-
89	89	60 When procuring goods or services through requests for proposals, state agencies shall
90	90	61consider the bidder’s principal place of business in addition to other criteria when evaluating
91	91	62bids. The weight given to Massachusetts-based businesses when evaluating bids shall be
92	92	63determined by each agency of the commonwealth in collaboration with the executive office of
93	93	64housing and economic development, the executive office of labor and workforce development
94	94	65and the executive office for administration and finance.
95	95	66 SECTION 3. Chapter 9 of the General Laws is hereby amended by inserting after section
96	96	6731 the following section:-
97	97	68 Section 32: MassMakers Portal
98	98	69 Section 32. (a) There is hereby established a one-stop shop interactive web portal to be
99	99	70known as the MassMakers Portal for prospective and established businesses in the
100	100	71commonwealth. The state secretary, the executive office for administration and finance, the
101	101	72executive offices of education, energy and environmental affairs, health and human services,
102	102	73housing and economic development, labor and workforce development, public safety and
103	103	74security, and technology services and security, and the department of revenue shall jointly 5 of 26
104	104	75develop and implement the MassMakers Portal, which shall serve as a single, unified entry point
105	105	76for prospective and established businesses to obtain local business information and execute all
106	106	77statutory and regulatory compliance tasks required by the commonwealth in connection with the
107	107	78creation, continuing operation, or upscaling of business.
108	108	79 (b) In order to develop and implement the MassMakers Portal, the agencies identified in
109	109	80subsection (a) shall assemble a task force which shall consist of the state secretary, ex officio, or
110	110	81a designee, the secretaries of administration and finance, education, energy and environmental
111	111	82affairs, health and human services, housing and economic development, labor and workforce
112	112	83development, public safety and security, and technology services and security, ex officio, or their
113	113	84designees, the commissioner of revenue, ex officio, or a designee; 7 persons appointed by the
114	114	85attorney general, 1 of whom shall be from each of the 7 regions of the commonwealth: the
115	115	86western region, the central region, the northeast region, the Merrimack Valley, the metro west
116	116	87region, the Greater Boston region, and the southeast region; and 7 persons appointed by the
117	117	88governor, 1 of whom shall be from each of the 7 identified regions of the commonwealth. The
118	118	89governor, attorney general, state treasurer, and co-chairs of the task force shall have the
119	119	90discretion to appoint other members to the task force by majority vote. Persons appointed to the
120	120	91task force shall be members or representatives of the business community, including
121	121	92entrepreneurs, microbusiness owners, minority business owners and small business owners,
122	122	93and/or have demonstrated interests and experience in state agency processes, business
123	123	94regulations, web portal design and implementation, and/or other qualifications and experience
124	124	95that the appointing authorities determine are necessary to fulfilling the mission of the task force.
125	125	96Members shall be selected without regard to political affiliation, shall as fully as possible
126	126	97represent a diverse and equitable array of stakeholders, and shall serve without compensation. 6 of 26
127	127	98The state secretary, or a designee from among the members of the task force, and the secretary of
128	128	99housing and economic development, or a designee from among the members of the task force,
129	129	100shall serve as co-chairs.
130	130	101 (c) The task force shall perform a needs and cost assessment and may, subject to
131	131	102appropriation and the laws and regulations pertaining to the employment of consultants, employ
132	132	103such consultants as the task force deems necessary to assist in the execution of said assessment.
133	133	104Said assessment shall be completed and the results thereof shall be presented to the governor and
134	134	105the general court by March 1, 2022, to inform the budget of the next legislative annual session.
135	135	106The assessment shall include, but not be limited to, the following:
136	136	107 (1) recommendations on the location, design, functionality and scope of services of the
137	137	108MassMakers Portal, which at a minimum shall include:
138	138	109 (i) online account services through which businesses can monitor deadlines for
139	139	110submission of forms, documents and payments, as well as compliance status and standing with
140	140	111each state agency;
141	141	112 (ii) electronic applications for licenses and renewals thereof;
142	142	113 (iii) electronic payment options for fees and taxes incident to the creation, continuing
143	143	114operation or upscaling of business;
144	144	115 (iv) compliance alerts in connection with new or revised state statutes, regulations and
145	145	116procedures; 7 of 26
146	146	117 (v) toolkits and video tutorials on all aspects of starting a business in the commonwealth,
147	147	118operating a business, upscaling a business, completing forms and complying with state statutory
148	148	119and regulatory requirements in connection therewith;
149	149	120 (vi) Supply Mass/Buy Mass information, and coordination with Supply Mass/Buy Mass
150	150	121online services;
151	151	122 (vii) Mass Main Streets information, and coordination with Mass Main Streets online
152	152	123services;
153	153	124 (viii) H⇧ RE MASS information, and coordination with H⇧RE MASS online services;
154	154	125and
155	155	126 (ix) technical assistance resources;
156	156	127 (2) an estimate of the costs of full implementation of the MassMakers Portal, including,
157	157	128but not limited to, those associated with technology, infrastructure, operations and maintenance,
158	158	129sharing and coordination of agency data, and security;
159	159	130 (3) recommendations for and an estimate of the costs of establishing and maintaining a
160	160	131help center staffed with persons trained to answer questions and assist with navigation of the
161	161	132MassMakers Portal;
162	162	133 (4) recommendations on the time-line for designing, developing and testing the
163	163	134MassMakers Portal, which at the latest shall have its first testing phase for the state secretary’s
164	164	135office to process new business registrations and associated fee payments by December 31, 2022,
165	165	136and shall have its second testing phase to submit tax payments with the department of revenue by
166	166	137December 31, 2023; 8 of 26
167	167	138 (5) recommendations as to the roles of the agencies identified in subsection (a) regarding
168	168	139ongoing operational management of the MassMakers Portal;
169	169	140 (6) a comprehensive analysis of the processes of all state agencies with respect to the
170	170	141creation, continued operation or upscaling of businesses located in the commonwealth, with a
171	171	142goal of simplifying and streamlining regulatory tasks and forms required by said agencies and
172	172	143strengthening the delivery of services provided by said agencies to entrepreneurs,
173	173	144microbusinesses, small businesses, and other businesses in the commonwealth;
174	174	145 (7) identification of any state statutory, regulatory or procedural changes that need to be
175	175	146made to effectuate the functionality of the MassMakers Portal;
176	176	147 (8) identification of existing entrepreneurial, microbusiness, small business, and other
177	177	148business assets, resources, web content and functions provided by state agencies to coordinate
178	178	149and incorporate such assets, resources, web content and functions into the MassMakers Portal;
179	179	150 (9) identification of potential impediments to functionality posed by federal law, if any,
180	180	151and recommendations for work-arounds or solutions to such impediments;
181	181	152 (10) the impact of prioritizing microbusiness applications and account services; and
182	182	153 (11) recommendations on potential incentives to encourage municipalities or regional
183	183	154planning authorities to create local portals for similar purposes or committed to similar mission
184	184	155outcomes as the MassMakers Portal, with the option of linking to or being incorporated into the
185	185	156MassMakers Portal.
186	186	157 (d) The task force may, subject to appropriation, appoint and may remove all such
187	187	158employees as may be necessary to carry out the work of designing and implementing the 9 of 26
188	188	159MassMakers Portal based on the results of the needs and cost assessment. Unless otherwise
189	189	160provided by law, all such appointments and removals of employees shall be made under chapter
190	190	16131.
191	191	162 (e) The state secretary shall hold as a separate fund and may expend such sums as may be
192	192	163appropriated for the MassMakers Portal by the general court, and may accept gifts, donations,
193	193	164grants or bequests or any federal funds for any of the purposes set forth in this section, which
194	194	165shall be credited to the fund. All available money in the fund that is unexpended at the end of
195	195	166each fiscal year shall not revert to the General Fund and shall be available for expenditure by the
196	196	167task force in the subsequent fiscal year.
197	197	168 (f) The state secretary is hereby authorized to promulgate regulations to assure the timely
198	198	169and effective implementation of this section.
199	199	170 SECTION 4. Chapter 23A of the General Laws is hereby amended by striking out section
200	200	17110A and inserting the following section:-
201	201	172 Section 10A: Supply Mass/Buy Mass; MassMade
202	202	173 Section 10A. (a) In order for the commonwealth to execute on its responsibility of
203	203	174facilitating expansion of the local economy, MOBD shall establish a program to be known as
204	204	175Supply Mass/Buy Mass for the purpose of connecting local suppliers with local purchasers,
205	205	176whether public or private, institutional, commercial or individual. In implementing said program,
206	206	177MOBD shall:
207	207	178 (1) establish requirements for local suppliers to register as MassMade businesses with
208	208	179Supply Mass/Buy Mass; 10 of 26
209	209	180 (2) design and implement a Supply Mass/Buy Mass interactive web portal through which
210	210	181local suppliers can register as MassMade businesses and create MassMade business profiles with
211	211	182industry-specific information;
212	212	183 (3) assemble a searchable database of MassMade businesses through the portal by
213	213	184industry, raw materials produced or products or goods manufactured, and other identifying
214	214	185characteristics, with specific search features independently tailored toward local institutional
215	215	186purchasers, commercial purchasers, and individual purchasers;
216	216	187 (4) develop toolkits and training videos available through the portal to guide MassMade
217	217	188businesses to better understand the needs and procurement processes of local institutional and
218	218	189commercial purchasers;
219	219	190 (5) enable local institutional and commercial purchasers to issue requests for proposals
220	220	191through the portal and MassMade businesses to respond to such requests through the portal;
221	221	192 (6) promote live networking events through the portal to connect MassMade businesses
222	222	193with local institutional and commercial purchasers;
223	223	194 (7) determine those raw materials, products or goods needed by local institutional and
224	224	195commercial purchasers currently purchased outside the commonwealth or from foreign
225	225	196countries, especially raw materials, products or goods required for the first time; inquire whether
226	226	197other local institutional or commercial purchasers are in need of such raw materials, products or
227	227	198goods; assess whether any MassMade businesses are capable of producing or manufacturing the
228	228	199needed raw materials, products or goods with additional capital or retooling;
229	229	200 (8) coordinate and connect the portal with the MassMakers Portal; 11 of 26
230	230	201 (9) identify other obstacles to conducting business in the commonwealth and advance
231	231	202resources through the portal to address those obstacles to the extent possible;
232	232	203 (10) promote public-private partnerships;
233	233	204 (11) develop, evaluate and recommend policies, initiatives and incentives to prevent
234	234	205consumer flight from local suppliers in the cities and towns of the Merrimack Valley and other
235	235	206border municipalities to suppliers in New Hampshire or other tax advantaged states or from other
236	236	207sources; and
237	237	208 (12) undertake any other activities necessary to implement the purposes of this section.
238	238	209 Dedicated effort shall be made to encourage diversity and advance equity based on race,
239	239	210color, religious creed, national origin, sex, gender identity, sexual orientation, genetic
240	240	211information, ancestry, disability, and language in implementing Supply Mass/Buy Mass.
241	241	212 (b) MOBD may consult with and seek input from interested stakeholders and shall work
242	242	213with entities including MassMade businesses, regional economic development organizations,
243	243	214microbusiness and small business associations, chambers of commerce, the supplier diversity
244	244	215office, the Massachusetts marketing partnership and the office of consumer affairs and business
245	245	216regulations in order to collect and provide business and product information related to
246	246	217MassMade businesses. All Supply Mass/Buy Mass information shall be readily accessible and
247	247	218free to the public.
248	248	219 (c) MOBD shall hold as a separate fund and may expend such sums as may be
249	249	220appropriated for Supply Mass/Buy Mass by the general court, and may accept gifts, donations,
250	250	221grants or bequests or any federal funds for any of the purposes set forth in this section, which 12 of 26
251	251	222shall be credited to the fund. All available money in the fund that is unexpended at the end of
252	252	223each fiscal year shall not revert to the General Fund and shall be available for expenditure by
253	253	224MOBD for Supply Mass/Buy Mass in the subsequent fiscal year.
254	254	225 (d) MOBD is hereby authorized to promulgate regulations to assure the timely and
255	255	226effective implementation of this section.
256	256	227 SECTION 5. Chapter 23A of the General Laws is hereby amended by inserting after
257	257	228section 13 the following section:-
258	258	229 Section 13 ½: Mass Main Streets; executive director; function; employees; advisory
259	259	230commission; industrial mill buildings; gifts and grants; trust fund
260	260	231 Section 13 ½. (a) There shall be within MOBD an office of Massachusetts main streets to
261	261	232be known as Mass Main Streets, in this section referred to as MMS, which shall be under the
262	262	233supervision and control of an executive director. The powers and duties given to the executive
263	263	234director of MMS in this section and in any other general or special law shall be exercised and
264	264	235discharged subject to the direction, control and supervision of MOBD.
265	265	236 (b)(1) The executive director of MMS shall be appointed by the governor, and serve at
266	266	237the pleasure of the governor. The position of executive director of MMS shall be classified under
267	267	238section 45 of chapter 30 and the executive director of MMS shall devote full time during
268	268	239business hours to the duties of MMS.
269	269	240 (2) The executive director of MMS shall be the executive and administrative head of
270	270	241MMS and shall be responsible for administering and enforcing the laws relative to MMS, any
271	271	242administrative unit of MMS, and the policies, programs and initiatives enacted to fulfill the 13 of 26
272	272	243mission of MMS pursuant to this section. Powers and duties given to an administrative unit of
273	273	244MMS by a general or special law shall be exercised subject to the direction, control and
274	274	245supervision of the executive director of MMS.
275	275	246 (c) MMS shall serve as the principal agency for protecting, coordinating, promoting and
276	276	247revitalizing downtowns and commercial districts of the commonwealth’s cities and towns,
277	277	248advancing economic and community development within the context of historic preservation,
278	278	249and advocating public-private partnerships to ensure continuing progress and enduring success,
279	279	250by providing strategic, organizational, informational, marketing and technical assistance and
280	280	251resources to the commonwealth’s cities and towns and to public and private entities organized
281	281	252for similar purposes or committed to similar mission outcomes. Dedicated effort shall be made to
282	282	253encourage diversity and advance equity based on race, color, religious creed, national origin, sex,
283	283	254gender identity, sexual orientation, genetic information, ancestry, disability, and language in any
284	284	255recommendations, policies, programs and initiatives developed to fulfill the mission of MMS
285	285	256pursuant to this section.
286	286	257 (d) The executive director of MMS may, subject to appropriation and with the approval
287	287	258of MOBD, appoint and may, with like approval, remove all such employees as may be necessary
288	288	259to carry out the work of MMS. Unless otherwise provided by law, all such appointments and
289	289	260removals shall be made under chapter 31. The executive director may, subject to appropriation
290	290	261and the laws and regulations pertaining to the employment of consultants, employ such
291	291	262consultants as the executive director may deem necessary.
292	292	263 (e)(1) MMS shall establish an advisory commission to develop budget recommendations
293	293	264and strategies for the development of policies, programs and initiatives to fulfill the mission of 14 of 26
294	294	265MMS pursuant to this section, including, but not limited to, the design and implementation of an
295	295	266MMS interactive web portal, coordination of such portal with the MassMakers Portal, and
296	296	267qualification of MMS for Main Street America Certification in order to be eligible for programs,
297	297	268tools and resources provided by Main Street America. The executive director of MMS shall
298	298	269convene the advisory commission quarterly. The advisory commission shall annually report its
299	299	270recommendations to MOBD not later than November 1. The advisory commission shall annually
300	300	271file its recommendations with the clerks of the senate and house of representatives not later than
301	301	272November 1. The membership of the commission shall annually elect a chairperson.
302	302	273 (2) The advisory commission shall have 32 members: 1 representative from the
303	303	274Massachusetts cultural council; 1 representative from the Massachusetts historical commission; 1
304	304	275representative from the community economic development assistance corporation; 1
305	305	276representative from Boston Main Streets Foundation; the executive director or the executor
306	306	277director’s designee of each of the commonwealth’s 14 regional planning agencies: Berkshire
307	307	278Regional Planning Commission, Boston Region Metropolitan Planning Organization, Cape Cod
308	308	279Commission, Central Massachusetts Regional Planning Commission, Franklin Regional Council
309	309	280of Governments, Martha’s Vineyard Commission, Merrimack Valley Planning Commission,
310	310	281Metropolitan Area Planning Council, Montachusett Regional Planning Commission, Nantucket
311	311	282Planning and Economic Development Commission, Northern Middlesex Council of
312	312	283Governments, Old Colony Planning Council, Pioneer Valley Planning Commission, and
313	313	284Southeastern Regional Planning and Economic Development District; and 14 persons appointed
314	314	285by the governor, 2 of whom shall be from each of the 7 regions of the commonwealth: the
315	315	286western region, the central region, the northeast region, the Merrimack Valley, the metro west
316	316	287region, the Greater Boston region, and the southeast region. Commission members shall be 15 of 26
317	317	288persons with demonstrated interests and experience in advancing the cultural, historical and/or
318	318	289economic vitality of downtowns and commercial districts of the commonwealth’s cities and
319	319	290towns. All persons appointed to the commission shall be selected without regard to political
320	320	291affiliation and solely on the basis of the qualifications and experience that the appointing
321	321	292authorities determine are necessary to fulfilling the mission of the commission, and shall as fully
322	322	293as possible represent a diverse and equitable array of stakeholders. Each member appointed by
323	323	294the governor shall serve at the pleasure of the governor.
324	324	295 (3) The members of the commission shall receive no compensation for their services but
325	325	296shall be reimbursed for any usual and customary expenses incurred in the performance of their
326	326	297duties. This commission shall annually, not later than November 1, make a report to the
327	327	298executive director and the secretary of housing and economic development, and may make such
328	328	299special reports as the commission or the executive director of MMS may deem desirable.
329	329	300 (f)(1) MMS shall establish a subcommittee of the advisory commission to develop
330	330	301strategies to stimulate the redevelopment, rehabilitation and revitalization of industrial mill
331	331	302buildings and their environs in the commonwealth. Recommendations of the subcommittee shall
332	332	303be incorporated into the annual report filed by the advisory commission with the clerks of the
333	333	304senate and house of representatives pursuant to paragraph 1 of subsection (e).
334	334	305 (2) The subcommittee shall serve as a research body for issues critical to the
335	335	306redevelopment, rehabilitation and revitalization of industrial mill buildings and their environs in
336	336	307the commonwealth and shall: (i) create a database and study, review and report on the status of
337	337	308industrial mill buildings and their environs in the commonwealth; (ii) assess market conditions
338	338	309relative to the economic robusticity of each active industrial mill building in its current use; (iii) 16 of 26
339	339	310identify measures to improve industrial mill building energy efficiency and prevent further
340	340	311structural and environmental degradation; (iv) investigate potential short-term and long-term
341	341	312uses or development solutions for vacant or underutilized industrial mill buildings; (v) review
342	342	313and advise the general court and the executive branch on the impact of existing and proposed
343	343	314state laws, policies and regulations on the potential redevelopment, rehabilitation or
344	344	315revitalization of industrial mill buildings and their environs, including, but not limited to, tax
345	345	316incentives and renewable energy initiatives; (vi) explore innovative permitting processes, zoning
346	346	317regulations and building codes to encourage the redevelopment, rehabilitation or revitalization of
347	347	318industrial mill buildings and their environs; (vii) advance legislative and policy solutions to
348	348	319effectuate the foregoing; (viii) advocate public-private partnership opportunities; and (ix) take
349	349	320such other actions as deemed necessary in furtherance of its purposes.
350	350	321 (3) The subcommittee shall consist of those members of the advisory commission
351	351	322representing jurisdictions containing industrial mill buildings, and 1 industrial mill building
352	352	323owner from each region of the 7 regions identified in paragraph (2) of subsection (e) which
353	353	324contains an industrial mill building appointed by the governor. Subcommittee members shall be
354	354	325persons with demonstrated interests and experience in the redevelopment, rehabilitation and/or
355	355	326revitalization of industrial mill buildings and their environs in the commonwealth. All persons
356	356	327appointed to the subcommittee shall be selected without regard to political affiliation and solely
357	357	328on the basis of the qualifications and experience that the appointing authorities determine are
358	358	329necessary to fulfilling the mission of the subcommittee, and shall as fully as possible represent a
359	359	330diverse and equitable array of stakeholders. Each member appointed by the governor shall serve
360	360	331at the pleasure of the governor. The members of the subcommittee shall receive no compensation 17 of 26
361	361	332for their services but shall be reimbursed for any usual and customary expenses incurred in the
362	362	333performance of their duties.
363	363	334 (g) MMS may accept and solicit funds, including any gifts, donations, grants or bequests
364	364	335or any federal funds for any of the purposes set forth in this section, which shall be credited to
365	365	336the Mass Main Streets Trust Fund established pursuant to subsection (h).
366	366	337 (h)(1) There shall be a Mass Main Streets Trust Fund which shall be administered by
367	367	338MOBD as custodian for MMS and held by MOBD separate and apart from its other funds. There
368	368	339shall be credited to the fund such sums received pursuant to subsection (g) and such sums as may
369	369	340be appropriated for MMS by the general court.
370	370	341 (2) All available money in the fund that is unexpended at the end of each fiscal year shall
371	371	342not revert to the General Fund and shall be available for expenditure by MMS in the subsequent
372	372	343fiscal year.
373	373	344 (3) MMS shall submit an annual report to MOBD, the clerks of the senate and house of
374	374	345representatives and the joint committee on community development and small businesses not
375	375	346later than December 31 on the cost-effectiveness of the fund. The report shall be made available
376	376	347on the MMS website. The report shall include: (i) expenditures made by MMS from money out
377	377	348of the fund to promote the revitalization of downtowns and commercial districts of the
378	378	349commonwealth’s cities and towns and to otherwise fulfill the mission of MMS pursuant to this
379	379	350section; and (ii) expenditures made by MMS for administrative costs.
380	380	351 SECTION 6. Chapter 23A of the General Laws is hereby amended by inserting after
381	381	352section 66 the following section:- 18 of 26
382	382	353 Section 66A: Microbusiness and minority business strategy commission; members;
383	383	354powers and duties; meetings; annual report
384	384	355 Section 66A. (a) There shall be a microbusiness and minority business strategy
385	385	356commission within, but not subject to the supervision or control of, the executive office of
386	386	357housing and economic development. The mission of the commission shall be to enhance the
387	387	358economic vitality of the commonwealth’s microbusinesses and minority businesses, recognizing
388	388	359the fundamental role that microbusinesses and minority businesses play in the economy and the
389	389	360contributions made by microbusinesses and minority businesses to the general welfare of the
390	390	361commonwealth.
391	391	362 (b) The commission shall consist of the following 18 members: the secretary of housing
392	392	363and economic development, ex officio, or a designee; the secretary of administration and finance,
393	393	364ex officio, or a designee; the chair of the commission against discrimination, ex officio, or a
394	394	365designee; the director of the supplier diversity office, ex officio, or a designee, and 14 persons
395	395	366appointed by the governor, 2 of whom shall be from each of the 7 regions of the commonwealth:
396	396	367the western region, the central region, the northeast region, the Merrimack Valley, the metro
397	397	368west region, the Greater Boston region, and the southeast region. Of those 14 appointees, at least
398	398	3693 shall be microbusiness owners or representatives of microbusiness owners in underserved
399	399	370communities or communities with a high percentage of low-income households, at least 3 shall
400	400	371be minority business owners or representatives of minority business owners in underserved
401	401	372communities or communities with a high percentage of low-income households, and at least 3
402	402	373shall be founders or organizers of platforms, pop-up markets, or other vendor collaboratives
403	403	374serving microbusinesses organized for similar purposes or committed to similar mission
404	404	375outcomes as, for example, CI Works, WeWork, and Top Knots CoWorking, and/or minority 19 of 26
405	405	376businesses organized for similar purposes or committed to similar mission outcomes for
406	406	377advancing equity based on race, color, religious creed, national origin, sex, gender identity,
407	407	378sexual orientation, genetic information, ancestry, disability, or language as, for example,
408	408	379BLK+GRN, the e-commerce platform We Buy Black, and the Black-Owned Market.
409	409	380Commission members shall be persons with demonstrated interests and experience in advancing
410	410	381the interests of microbusinesses and/or minority businesses, and their owners. All persons
411	411	382appointed to the commission shall be selected without regard to political affiliation and solely on
412	412	383the basis of the qualifications and experience that the appointing authorities determine are
413	413	384necessary to fulfilling the mission of the commission, and shall as fully as possible represent a
414	414	385diverse and equitable array of stakeholders.
415	415	386 (c) Members of the commission may serve a maximum of 3 consecutive 3–year terms. A
416	416	387vacancy occurring on the commission shall be filled within 90 days by the original appointing
417	417	388authority. A person appointed to fill a vacancy shall serve initially only for the balance of the
418	418	389unexpired term. The commission shall annually elect from among its members a chair, a vice
419	419	390chair, and any other officers it considers necessary. The members of the commission shall
420	420	391receive no compensation for their services but shall be reimbursed for any usual and customary
421	421	392expenses incurred in the performance of their duties. Members shall be considered special state
422	422	393employees for the purposes of chapter 268A. Each member of the commission shall be a resident
423	423	394of the commonwealth.
424	424	395 (d) The commission shall serve as a research body for issues critical to the welfare and
425	425	396vitality of the commonwealth’s microbusinesses and minority businesses and shall: (i) study,
426	426	397review and report on the status of microbusinesses and minority businesses in the
427	427	398commonwealth; (ii) advise the general court and the executive branch of the impact of existing 20 of 26
428	428	399and proposed state laws, policies and regulations on the commonwealth’s microbusinesses and
429	429	400minority businesses; (iii) advance legislative and policy solutions that address the needs of the
430	430	401commonwealth’s microbusinesses and minority businesses; (iv) advocate to ensure that the
431	431	402commonwealth’s microbusinesses and minority businesses receive a fair share of state
432	432	403investment; (v) work with lending institutions, insurance companies, and other private businesses
433	433	404in the commonwealth to encourage formation of seed money and microcredit opportunities for
434	434	405facilitating the starting up and upscaling of microbusinesses and minority businesses in their
435	435	406efforts to obtain loan money and operating capital from private and public lenders; (vi) promote
436	436	407collaboration among the commonwealth’s microbusinesses and minority businesses to improve
437	437	408efficiency in delivery of services and other cost efficiencies; and (vii) develop and support access
438	438	409to state resources for the commonwealth’s microbusinesses and minority businesses. The
439	439	410executive office shall provide the commission with adequate office space and any research,
440	440	411analysis or other staff support that the commission reasonably requires.
441	441	412 (e) The commission shall meet on a quarterly basis at the discretion of the chair. Meeting
442	442	413locations shall rotate between the 7 regions of the commonwealth identified in subsection (b).
443	443	414Meetings shall be open to the public pursuant to sections 18 to 25, inclusive, of chapter 30A.
444	444	415 (f) The commission may accept and solicit funds, including any gifts, donations, grants or
445	445	416bequests or any federal funds for any of the purposes of this section. The funds shall be deposited
446	446	417in a separate account with the state treasurer, shall be received by the state treasurer on behalf of
447	447	418the commonwealth and shall be expended by the commission under the law.
448	448	419 (g) The commission shall annually, not later than June 2, report the results of its findings
449	449	420and activities of the preceding year and its recommendations to the governor and to the clerks of 21 of 26
450	450	421the senate and the house of representatives who shall forward the same to the joint committee on
451	451	422economic development and emerging technologies.
452	452	423 (h) Notwithstanding any general or special law, regulation, policy or procedure to the
453	453	424contrary, microbusinesses shall be exempt from the annual report fees imposed by the state
454	454	425secretary’s office, and minority businesses that qualify as microbusinesses shall be exempt from
455	455	426the diversity certification and third-party certification application fees imposed by the supplier
456	456	427diversity office. The state secretary is hereby authorized to promulgate regulations to assure the
457	457	428timely and effective implementation of this subsection.
458	458	429 SECTION 7. Chapter 23A of the General Laws is hereby amended by inserting after
459	459	430section 68 the following section:-
460	460	431 Section 69: H⇧ RE MASS
461	461	432 Section 69. (a) MOBD shall establish an entrepreneurial and business skills program to
462	462	433be known as H⇧RE MASS, designed to provide entrepreneurial and business skills to residents
463	463	434of the commonwealth who are in the process of acquiring or who possess valuable saleable trade
464	464	435skills, including, but not limited to, hairstylists and barbers, manicurists, aestheticians, massage
465	465	436therapists, electricians, plumbers, and gas fitters, but who lack the knowledge to start or expand
466	466	437their own businesses, in order to raise them to the level where they can start their own
467	467	438businesses, become microbusinesses and eventually scale up to become small businesses and the
468	468	439next generation’s employers. Dedicated effort shall be made to encourage diversity and advance
469	469	440equity based on race, color, religious creed, national origin, sex, gender identity, sexual
470	470	441orientation, genetic information, ancestry, disability, and language in the program developed 22 of 26
471	471	442pursuant to the authority conferred in this section, and any successor policies, programs and
472	472	443initiatives related to said program.
473	473	444 (b) MOBD shall consult with and engage relevant stakeholders in the commonwealth,
474	474	445including, but not limited to, students, educators and administrators of vocational and technical
475	475	446schools, community colleges, public colleges and universities, and private colleges and
476	476	447universities, participants and administrators of other trade, certification and apprenticeship
477	477	448programs, microbusiness and small business associations and owners, minority business
478	478	449associations and owners, and trade and labor associations, to assist in the development and
479	479	450periodic review of the program and its implementation, including, but not limited to:
480	480	451 (1) determining the criteria and processes for participation in H ⇧RE MASS, whether as a
481	481	452student or educator, to maximize the number and diversity of people served;
482	482	453 (2) identifying entrepreneurial and microbusiness development needs and existing
483	483	454resources and services;
484	484	455 (3) addressing obstacles for aspiring entrepreneurs and upscaling microbusiness owners
485	485	456in utilizing existing resources and services and exploring methods to simplify, streamline and
486	486	457strengthen the delivery of such resources and services;
487	487	458 (4) establishing curricula for H⇧ RE MASS, with special attention paid to the needs of
488	488	459aspiring entrepreneurs and microbusiness owners for off-hour and accelerated programming,
489	489	460including variants for entrepreneurial and business skills weekend “bootcamps”, to maximize the
490	490	461skills gained and quality of outcomes achieved; 23 of 26
491	491	462 (5) engaging voluntary uncompensated and, subject to appropriation, compensated
492	492	463educators and administrators to implement H⇧RE MASS;
493	493	464 (6) cultivating and promoting public-private partnerships to ensure an enduring H⇧RE
494	494	465MASS program;
495	495	466 (7) generating toolkits and training videos to be made available through the MassMakers
496	496	467Portal; and
497	497	468 (8) developing budget recommendations.
498	498	469 MOBD shall hold its first public outreach not more than 60 days after the effective date
499	499	470of this act and shall, to the extent possible, ensure fair representation and input from a diverse
500	500	471and equitable array of stakeholders. MOBD may assemble a task force to effectuate the
501	501	472foregoing, whose members shall serve without compensation.
502	502	473 (c) MOBD shall hold as a separate fund and may expend such sums as may be
503	503	474appropriated for H⇧RE MASS by the general court, and may accept gifts, donations, grants or
504	504	475bequests or any federal funds for any of the purposes set forth in this section, which shall be
505	505	476credited to the fund. All available money in the fund that is unexpended at the end of each fiscal
506	506	477year shall not revert to the General Fund and shall be available for expenditure by MOBD for
507	507	478H⇧RE MASS in the subsequent fiscal year.
508	508	479 (d) MOBD shall annually, on or before December 31, file a report with the clerks of the
509	509	480house of representatives and the senate, the house and senate committees on ways and means, the
510	510	481joint committee on economic development and emerging technologies, the joint committee on 24 of 26
511	511	482community development and small businesses, the joint committee on labor and workforce
512	512	483development, and the joint committee on education.
513	513	484 (e) MOBD is hereby authorized to promulgate regulations to assure the timely and
514	514	485effective implementation of this section.
515	515	486 SECTION 8. Chapter 30A of the General Laws is hereby amended by striking out section
516	516	4875A and inserting in place thereof the following section:-
517	517	488 Section 5A: Review of rules and regulations regarding economic impact on
518	518	489microbusinesses and small businesses
519	519	490 Section 5A. Existing rules and regulations shall be reviewed by each agency
520	520	491contemporaneously with the development of the written comprehensive economic development
521	521	492policy for the commonwealth and the strategic plan for implementing the policy during the first
522	522	493year of each new gubernatorial administration required pursuant to subsection (l) of section 16G
523	523	494of chapter 6A, which review shall be completed no later than June 30 of that year in order to
524	524	495inform said economic development policy, or 5 years from the date last reviewed, whichever
525	525	496occurs first, to ensure that those rules and regulations minimize economic impact on
526	526	497microbusinesses and small businesses in a manner consistent with the stated objectives of
527	527	498applicable statutes.
528	528	499 In reviewing a rule or regulation to minimize economic impact of the rule or regulation
529	529	500on microbusinesses and small businesses, the agency shall file a business impact statement which
530	530	501considers the following factors and any impact differentials between microbusinesses and small
531	531	502businesses that are not microbusinesses: 25 of 26
532	532	503 (1) the continuing need for the rule or regulation;
533	533	504 (2) the nature of complaints or comments received concerning the rule or regulation from
534	534	505the public;
535	535	506 (3) the complexity of the rule or regulation;
536	536	507 (4) the extent to which the rule or regulation overlaps, duplicates or conflicts with other
537	537	508federal, state and local governmental rules and regulations;
538	538	509 (5) the length of time since the rule or regulation has been enacted, changed, amended or
539	539	510modified; and
540	540	511 (6) the degree to which technology, economic conditions or other factors have changed in
541	541	512the subject areas affected by the rule or regulation.
542	542	513 SECTION 9. Section 6 of chapter 30B of the General Laws is hereby amended by
543	543	514striking out subsection (b) and inserting the following subsection:-
544	544	515 (b) The chief procurement officer shall solicit proposals through a request for proposals.
545	545	516The request for proposals shall include:
546	546	517 (1) the time and date for receipt of proposals, the address of the office to which the
547	547	518proposals are to be delivered, the maximum time for proposal acceptance by the governmental
548	548	519body;
549	549	520 (2) the purchase description and all evaluation criteria that will be utilized pursuant to
550	550	521paragraph (e); 26 of 26
551	551	522 (3) a requirement for a diversity and inclusion plan which shall be considered alongside
552	552	523traditional criteria when evaluating bids; and
553	553	524 (4) all contractual terms and conditions applicable to the procurement provided that the
554	554	525contract may incorporate by reference a plan submitted by the selected offeror for providing the
555	555	526required supplies or services.
556	556	527 The request for proposals may incorporate documents by reference; provided, however,
557	557	528that the request for proposals specifies where prospective offerors may obtain the documents.
558	558	529The request for proposals shall provide for the separate submission of price, and shall indicate
559	559	530when and how the offerors shall submit the price. The chief procurement officer shall make
560	560	531copies of the request for proposals available to all persons on an equal basis.
561	561	532 SECTION 10. This Act shall take effect on January 1, 2023.
562	562	533 SECTION 11. Sections 3 and 9 shall only apply to requests for proposals proffered on or
563	563	534after the effective date of this Act.