Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3002 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 1910 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3002
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Daniel Cahill
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 relative to low-embodied carbon concrete.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Daniel Cahill10th Essex1/18/2023 1 of 6
16	16	HOUSE DOCKET, NO. 1910 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3002
18	18	By Representative Cahill of Lynn, a petition (accompanied by bill, House, No. 3002) of Daniel
19	19	Cahill for legislation to further regulate provisions in state procurement contracts involving the
20	20	use of low embodied carbon concrete. State Administration and Regulatory Oversight.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to low-embodied carbon concrete.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. For the purposes of this act, the following terms shall have the following
30	30	2meaning:
31	31	3 (i)“concrete” shall mean structural and non-structural masonry, precast and ready mixed
32	32	4concrete building and construction materials.
33	33	5 (ii)“concrete mix” shall mean a specific combination of components including water,
34	34	6cement aggregate and other materials which are used to produce concrete products
35	35	7 (iii)"Environmental product declaration" (EPD) shall mean product specific Type Ill
36	36	8EPDs that conform to ISO Standard 14025 and enable the numeric GWP and environmental
37	37	9impact comparisons between concrete mixes fulfilling the same functions.
38	38	10 (iv)"Global warming potential" (GWP) shall mean a numeric value that measures the
39	39	11total contribution to global warming from the emission of greenhouse gases, or the elimination of 2 of 6
40	40	12greenhouse gas sinks, provided that results from the production and/or utilization outside
41	41	13Massachusetts shall be prohibited from inclusion in Lower carbon concrete green procurement
42	42	14specifications.
43	43	15 (v)“low embodied carbon concrete” shall mean concrete that has been verified to embody
44	44	16lower carbon emissions compared to the baseline embodied carbon emissions of conventional
45	45	17concrete.
46	46	18 (vi)“Low carbon concrete producer incentives” shall mean financial inducements offered
47	47	19to private concrete manufacturers and/or contractors to encourage the incorporation of lower
48	48	20carbon concrete materials and methods in concrete products procured by state agencies. Producer
49	49	21incentives include but are not limited to i.) bid discounts applied to offeror prices for concrete
50	50	22materials included in proposals for state projects, and ii. monetary performance bonuses that are
51	51	23awarded to concrete manufacturers that produce and deliver concrete products for state projects
52	52	24that have been verified to attain exceptionally low levels of embodied carbon.
53	53	25 (vii)“lower carbon emissions” shall be defined by the Division of Capital Asset
54	54	26Management and Maintenance (DCAMM) with input from the stakeholder advisory group
55	55	27established in Section 2, subsection A 3(a) of this bill.
56	56	28 (viii)"Performance based specification" shall mean a contract provision that requires that
57	57	29a structural material achieve specified performance outcomes from the use of the structural
58	58	30material, including, but not limited to, outcomes related to the strength, durability, permeability,
59	59	31or other attributes related to the function of the building material for applied uses, as opposed to
60	60	32requiring that a structural material be produced using a specific prescribed manufacturing
61	61	33process, design features, technologies, or proportions of constituent materials. 3 of 6
62	62	34 SECTION 2. State contract law is amended in Massachusetts Building Code CMR 780,
63	63	35Chapter 81 and Chapter 90 by adding a new section
64	64	36 Section ___A to read as follows:
65	65	37 Subsection A. Contracts involving low embodied carbon concrete.
66	66	38 1. Any state or local contract for low embodied carbon concrete shall include provisions
67	67	39regarding contractor, subcontractor and worker product certification as follows:
68	68	40 (a) contractors and subcontractors doing work involving low embodied carbon concrete
69	69	41shall certify that all work completed or utilized on projects meets the minimum standards
70	70	42established under this section by the Division of Capital Asset Management and Maintenance
71	71	43(DCAMM)
72	72	44 2. Any certifications required by this section shall be kept current for the duration of all
73	73	45contracts. The Contractor shall issue periodic test reports to the Division from a laboratory
74	74	46certified to evaluate low embodied carbon concrete. The Contractor shall report any changes to
75	75	47the Division.
76	76	48 3. (a) the office of the Division of Capital Asset Management and Maintenance, in
77	77	49consultation with the Department of Energy Resources, shall establish guidelines requiring the
78	78	50procurement of low embodied carbon concrete on projects deemed appropriate by such office.
79	79	51Such guidelines shall implement a process with minimum standards for contractors and
80	80	52subcontractors to file with the contracting agency upon completion of a project. When
81	81	53establishing guidelines related to low embodied carbon concrete, the office of the Division of
82	82	54Capital Asset Management and Maintenance shall consider industry standards. The Division, in 4 of 6
83	83	55conjunction with the Department of Energy Resources shall establish a stakeholder advisory
84	84	56group appointed by the commissioner of the Division of Capital Asset Management and
85	85	57Maintenance consisting of: (i) two licensed professional engineers; (ii) two licensed registered
86	86	58architects; (iii) two representatives of the construction industry; (iv) two representatives of the
87	87	59concrete testing and validation industry; (v) two representatives of an accredited school of civil
88	88	60engineering; (vi) one representative from the Massachusetts Clean Energy Center (MassCEC);
89	89	61and (vii) one representative each from the executive office of transportation, the executive office
90	90	62of housing and community development, the department of energy resources, and the department
91	91	63of environmental protection.
92	92	64 (b) the office of the Division of Capital Asset Management and Maintenance shall
93	93	65consult with any relevant associations that set industry standards for the procurement of low
94	94	66embodied carbon concrete and shall consult with affected contractors and subcontractors to
95	95	67consider environmental impact as well as the impact on public health and safety.
96	96	68 (d) the office of the Division of Capital Asset Management and Maintenance shall create
97	97	69a licensure process and establish a fee schedule for certification of low embodied carbon
98	98	70concrete.
99	99	71 4. The office of the Division of Capital Asset Management and Maintenance shall also
100	100	72examine i. the use of incentives, including bid credits and performance bonuses to encourage the
101	101	73usage and innovation of low embodied carbon concrete on state agency projects; ii. the
102	102	74application of performance-based specification standards for concrete procured by state agencies;
103	103	75iii.the implementation of expedited Department of Transportation (DOT) evaluation, testing, and
104	104	76approval protocols for lower carbon concrete materials and methods; iv. the implementation of 5 of 6
105	105	77mandatory maximum global warming potential thresholds for concrete procured by state
106	106	78agencies; the utilization of environmental product declarations and/or other methodologies and
107	107	79tools that quantify the climate and environmental impact of materials, including but not limited
108	108	80to global warming potential.
109	109	81 5. In addition, the office of the Division of Capital Asset Management and Maintenance
110	110	82shall also examine the use of implementing standards for performance-based specification,
111	111	83including but not limited to requirements that a structural material achieves specified
112	112	84performance-based outcomes from the use of the structural material, including but not limited to,
113	113	85outcomes related to strength, durability, permeability or other attributes related to the function of
114	114	86the building material for applied uses, as opposed to requiring that a structural material be
115	115	87produced using a specified manufacturer process, design features, technologies, or proportion of
116	116	88materials. The office of the Division of Capital Asset Management and Maintenance shall
117	117	89examine the use of methods of compliance, including, but not limited to, maximum cement
118	118	90content specifications and specifications based on maximum potential to impact for global
119	119	91warming.
120	120	92 6. The commissioner of the Division of Capital Asset Management and Maintenance in
121	121	93consultation with the Department of Transportation and the stakeholder advisory group
122	122	94established in subdivision three of this section, shall examine the use of an expedited product
123	123	95evaluation protocol for low embodied carbon concrete products.
124	124	96 7. The guidelines established pursuant to this section as well as any recommendations for
125	125	97subsequent legislative action resulting from examining the use of incentives related to bid credits
126	126	98shall be submitted to the governor, the president of the senate, the speaker of the House, the 6 of 6
127	127	99Transportation Committee and the Committee on Telecommunications, Utilities, and Energy, the
128	128	100Housing Committee and the Committees on Ways and Means within thirty days of the issuance
129	129	101of such guidelines or within one year from the effective date of this section, whichever may
130	130	102come sooner.
131	131	103 SECTION 3. Whereas, the deferred operation of this act would tend to defeat its purpose,
132	132	104which is to establish standards for low embodied carbon contracts to assist to combat climate
133	133	105change, therefore it is hereby declared to be an emergency law, necessary for the immediate
134	134	106preservation of the public convenience.