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