Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3113 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 883 FILED ON: 1/17/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3113
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 promote American manufacturing.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Adam Scanlon14th Bristol1/17/2023 1 of 4
16	16	HOUSE DOCKET, NO. 883 FILED ON: 1/17/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3113
18	18	By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No.
19	19	3113) of Adam Scanlon that state or municipal agencies or authorities give preference to
20	20	materials and goods manufactured in the United States. State Administration and Regulatory
21	21	Oversight.
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 promote American manufacturing.
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. Chapter 7 of the General Laws, as appearing in the 2020 Official Edition, is
31	31	2hereby amended by inserting after section 22O, the following new section:-
32	32	3 Section 22P. USE OF AMERICAN MATERIALS
33	33	4 (a) Notwithstanding any general or special law to the contrary relating to procurement,
34	34	5and to the extent permitted by federal law, a state or municipal agency or authority shall, after
35	35	6giving preference pursuant to the provision of section 22O of this chapter for each contract for
36	36	7the construction, reconstruction, alteration, repair, improvement or maintenance of a public
37	37	8building or public works made by a public agency shall contain a provision that the iron, steel,
38	38	9fabricated steel, and manufactured goods used or supplied in the performance of the contract or
39	39	10any subcontract thereto shall be manufactured in the United States.
40	40	11 (b) The provisions of subsection 2 of 4
41	41	12 (a) of this section shall not apply in any case or category of cases in which the executive
42	42	13head of a public agency finds —
43	43	14 (1) that their application would be inconsistent with the public interest;
44	44	15 (2) that such materials and products are not produced in the United States in
45	45	16 sufficient and reasonably available quantities and of a satisfactory quality; or
46	46	17 (3) that inclusion of domestic material will increase the cost of the overall project
47	47	18 contract by more than 25 percent.
48	48	19 (c) If the executive head of a public agency receives a request for a waiver under
49	49	20subsection (b), the agency shall provide notice of and an opportunity for public comment on the
50	50	21request at least 30 days before making a finding based on the request.
51	51	22 (A.) A notice provided under subparagraph (A) shall —
52	52	23 (i) include the information available to the Secretary concerning the request, including
53	53	24whether the request is being made under subsection (b)(1), (b)(2), or (b)(3); and
54	54	25 (ii) be provided by electronic means, including on the official public Internet Web site of
55	55	26the agency.
56	56	27 (B) If the Secretary issues a waiver under subsection (b), the Secretary shall publish in
57	57	28the [applicable state record] a detailed justification for the waiver that —
58	58	29 (i) addresses the public comments received under paragraph (c)(A); and
59	59	30 (ii) is published before the waiver takes effect. 3 of 4
60	60	31 (d) Intentional Violations. If it has been determined by a court or Federal or State agency
61	61	32that any person intentionally —
62	62	33 (1) affixed a label bearing a "Made in America" inscription, or any inscription with the
63	63	34same meaning, to any iron, steel, fabricated steel, or manufactured good used in projects to
64	64	35which this section applies, sold in or shipped to the United States that was not made in the
65	65	36United States; or
66	66	37 (2) represented that any iron, steel, fabricated steel, or manufactured good used in
67	67	38projects to which this section applies that was not produced in the United States, was produced in
68	68	39the United States; that person shall be ineligible to receive any contract or subcontract with this
69	69	40State. The Attorney General is authorized to enforce the provision of the section.
70	70	41 SECTION 2. Chapter 30B of the General Laws is hereby amended by inserting after
71	71	42section 20, the following new section:
72	72	43 Section 20A. (a) Notwithstanding any general or special law to the contrary and to the
73	73	44extent permitted by federal law, any governmental body subject to the provisions of this chapter
74	74	45shall require, in all contracts pertaining to any construction project exceeding $500,000, for each
75	75	46contract for the construction, reconstruction, alteration, repair, improvement or maintenance of a
76	76	47public building or public works made by a public agency shall contain a provision that the iron,
77	77	48steel, fabricated steel, and manufactured goods used or supplied in the performance of the
78	78	49contract or any subcontract thereto shall be manufactured in the United States.
79	79	50 (b) The provisions of subsection (a) may not apply if less than three steel manufacturers
80	80	51and/or fabricators located in the United States have submitted responsive bids under the
81	81	52provisions of this chapter. 4 of 4
82	82	53 (c) If any provision of this chapter or application thereof is held to be invalid or in
83	83	54conflict with any applicable laws, this invalidity or conflict shall not affect the other provisions
84	84	55or applications which shall be given affect without the invalid provisions or applications, and to
85	85	56this end, the provisions and applications of this chapter are severable.