Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H420 Compare Versions

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22 HOUSE DOCKET, NO. 3083 FILED ON: 1/20/2023
33 HOUSE . . . . . . . . . . . . . . . No. 420
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 David M. Rogers and Tram T. Nguyen
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to establish fashion sustainability and social accountability in the commonwealth.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/20/2023Tram T. Nguyen18th Essex1/20/2023Michelle L. Ciccolo15th Middlesex1/25/2023James K. Hawkins2nd Bristol1/27/2023 1 of 12
1616 HOUSE DOCKET, NO. 3083 FILED ON: 1/20/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 420
1818 By Representatives Rogers of Cambridge and Nguyen of Andover, a petition (accompanied by
1919 bill, House, No. 420) of David M. Rogers, Tram T. Nguyen and others for legislation to establish
2020 fashion sustainability and social accountability. Economic Development and Emerging
2121 Technologies.
2222 The Commonwealth of Massachusetts
2323 _______________
2424 In the One Hundred and Ninety-Third General Court
2525 (2023-2024)
2626 _______________
2727 An Act to establish fashion sustainability and social accountability in the commonwealth.
2828 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2929 of the same, as follows:
3030 1 SECTION 1. Chapter 93 of the General Laws is hereby amended by adding the following
3131 2section:-
3232 3 Section 115. (a) For the purposes of this section the following words shall, unless the
3333 4context clearly requires otherwise, have the following meanings:
3434 5 “Gross receipts”, the gross amounts realized, otherwise known as the sum of money and
3535 6the fair market value of other property or services received, on the sale or exchange of property,
3636 7the performance of services or the use of property or capital including, rents, royalties, interest
3737 8and dividends, in a transaction that produces business income, in which the income, gain or loss
3838 9is recognized or would be recognized if the transaction were in the United States, under the
3939 10Internal Revenue Code, as applicable for purposes of this section. Amounts realized on the sale 2 of 12
4040 11or exchange of property shall not be reduced by the cost of goods sold or the basis of property
4141 12sold.
4242 13 “Fashion manufacturer ”, a business entity which lists manufacturing as its principal
4343 14business activity in the commonwealth, as reported on the entity's state tax return and primarily
4444 15manufactures articles of wearing apparel or footwear.
4545 16 “Fashion seller”, a business entity which sells articles of wearing apparel, footwear or
4646 17fashion bags that together exceed $100,000,000 in annual gross receipts but, shall not include
4747 18the sale of used wearing apparel, footwear or fashion bags, nor shall it include multi-brand
4848 19retailers, except where the apparel, footwear and fashion bags private labels of those companies
4949 20together exceed $100,000,000 in global revenue.
5050 21 “Wearing apparel”, any costume or article of clothing worn or intended to be worn by
5151 22individuals.
5252 23 “Footwear”, any covering worn or intended to be worn on the foot.
5353 24 “Fashion bag”, any flexible packaging made of textiles, leather or other animal products,
5454 25woven material or other similar materials intended for repeated use.
5555 26 “Due diligence ”, the process companies should carry out to identify, prevent, mitigate
5656 27and account for how they address actual and potential adverse impacts in their own operations,
5757 28their supply chain and other business relationships, as recommended in the Organization for
5858 29Economic Cooperation and Development Guidelines for Multinational Enterprises, the
5959 30Organization for Economic Cooperation and Development Due Diligence Guidance for
6060 31Responsible Supply Chains in the Garment and Footwear Sector, the Organization for Economic 3 of 12
6161 32Cooperation and Development Due Diligence Guidance for Responsible Business Conduct and
6262 33the United Nations Guiding Principles on Business and Human Rights.
6363 34 “Due diligence report”, a document prepared by the company to communicate all
6464 35relevant information concerning the existence, implementation and outcomes of due diligence in
6565 36order to comply with the requirements of this section and to comply with any rules or regulations
6666 37established, pursuant to this section.
6767 38 “Risk-based approach”, commensurate to the likelihood and severity of the harm. The
6868 39fashion seller shall prioritize the order in which it takes action based on the likelihood and
6969 40severity of harm. Severity of impacts shall be determined according to their scale or gravity,
7070 41scope and irremediable character.
7171 42 “Supply chain tiers”, a 4 tier system defined as the following:
7272 43
7373 44 (i) tier 1: suppliers who produce finished goods for fashion sellers, including suppliers’
7474 45subcontractors, who provide the following services including, but not limited to sewing and
7575 46embroidering;
7676 47 (ii) tier 2: suppliers to tier 1, including subcontractors, who provide the following
7777 48services or goods including, but not limited to knitting, weaving, washing, dyeing, finishing,
7878 49printing for finished goods and components and materials for finished goods when they are
7979 50stand-alone operations and not integrated with tier 1. Components shall mean materials used to
8080 51build a product including, but not limited to buttons, zippers, rubber soles, down and fusibles; 4 of 12
8181 52 (iii) tier 3: suppliers to tier 2 suppliers, including subcontractors, who process raw
8282 53materials such as ginning, spinning and suppliers of chemicals; and
8383 54 (iv) tier 4: companies, including subcontractors that provide raw materials to tier 3.
8484 55 “Living wage”, the remuneration received for a standard workweek by a worker in a
8585 56particular place sufficient to afford a decent standard of living for such worker and their family.
8686 57Elements of a decent standard of living include food, water, housing, education, health care,
8787 58transportation, clothing and other essential needs including provision for unexpected events.
8888 59Living wage shall be determined exclusive of overtime wages and by net wages including in-
8989 60kind and cash benefits and deducting taxes and deductions.
9090 61 “Open data principles”, data that can be freely used, re-used and redistributed by anyone.
9191 62Such data shall be findable or easily discoverable on a website or within a database, accessible or
9292 63available in a machine readable, convenient, modifiable form and published as a whole, complete
9393 64dataset, interoperable or able to be mixed with different data sets and reusable or provided under
9494 65an open license that permits re-use and redistribution including, the intermixing with other
9595 66datasets.
9696 67 (b) Gross receipts, even if business income, shall not include the following items : (i)
9797 68repayment, maturity or redemption of the principal of a loan, bond, mutual fund, certificate of
9898 69deposit or similar marketable instrument; (ii) the principal amount received under a repurchase
9999 70agreement or other transaction properly characterized as a loan; (iii) proceeds from issuance of
100100 71the taxpayer's own stock or from sale of treasury stock; (iv) damages and other amounts received
101101 72as the result of litigation; (v) property acquired by an agent on behalf of another; (vi) tax refunds
102102 73and other tax benefit recoveries; (vii) pension reversions; (viii) contributions to capital, except 5 of 12
103103 74for sales of securities by securities dealers; (ix) income from discharge of indebtedness; (x)
104104 75amounts realized from exchanges of inventory that are not recognized under the Internal
105105 76Revenue Code; (xi) amounts received from transactions in intangible assets held in connection
106106 77with a treasury function of the taxpayer's unitary business and the gross receipts and overall net
107107 78gains from the maturity, redemption, sale, exchange or other disposition of those intangible
108108 79assets; and (xii) amounts received from hedging transactions involving intangible assets. For the
109109 80purpose of this section, a hedging transaction shall mean a transaction related to the taxpayer's
110110 81trading function involving futures and options transactions for the purpose of hedging price risk
111111 82of the products or commodities consumed, produced or sold by the taxpayer.
112112 83 (c) Every fashion seller and fashion manufacturer shall effectively carry out human rights
113113 84and environmental due diligence for the portions of their business related to wearing apparel or
114114 85footwear, including wearing apparel or footwear produced as a private label, which shall include:
115115 86 (1) Supply chain mapping and disclosure:
116116 87 (i) companies taking a risk-based approach and implementing good faith efforts to map
117117 88suppliers across tier 1 through tier 4 of production. Tier 1 suppliers shall be mapped within 12
118118 89months of the effective date of this section and shall contain a minimum of 75 per cent of
119119 90suppliers by volume. Tier 2 suppliers shall be mapped within 2 years of the effective date of this
120120 91section and shall contain a minimum of 75 per cent of suppliers by volume. Tier 3 and tier 4
121121 92suppliers shall be mapped within 3 years of the effective date of this section and shall contain a
122122 93minimum of 50 per cent of suppliers by volume or dollar value;
123123 94 (ii) supplier disclosure for all tiers shall include: the name, address, parent company,
124124 95product type and number of workers at each site by country; and 6 of 12
125125 96 (iii) for tier 1 suppliers, fashion sellers shall report, at a minimum, the following
126126 97information to the attorney general which shall be independently verified no less than once every
127127 982 years: (1) the mean wages of workers and how this compares with local minimum wage and
128128 99living wages; (2) the percentage of unionized factories; and (3) hours worked weekly by month
129129 100and the hours and frequency of overtime by firm and country.
130130 101 (2) Due diligence report:
131131 102 (i) Fashion sellers must be in compliance with the Organization for Economic Co-
132132 103operation and Development Guidelines for Multinational Enterprises; the Organization for
133133 104Economic Co-operation and Development Due Diligence Guidance for Responsible Supply
134134 105Chains in the Garment and Footwear Sector; the Organization for Economic Cooperation and
135135 106Development Due Diligence Guidance for Responsible Business Conduct and the United
136136 107Nations Guiding Principles on Business and Human Rights: and
137137 108 (ii) Fashion seller shall include in the due diligence report: (1) a link on the
138138 109fashion seller’s or fashion manufacturer's website to relevant policies on responsible business
139139 110conduct; (2) information on measures taken to embed responsible business conduct into policies
140140 111and management systems; (3) the fashion seller’s or fashion manufacturer’s identified areas of
141141 112significant risks in the contexts of its own activities and business relationships such as supply
142142 113chains; (4) the significant adverse impacts on risks identified, prioritized and assessed in the
143143 114context of its own activities and business relationships such as supply chains; (5) the
144144 115prioritization criteria; (6) the actions taken to prevent or mitigate those risks, such as corrective
145145 116action plans, to be cited where available, including estimated timelines, targets and benchmarks 7 of 12
146146 117for improvement and their outcomes; (7) measures to track implementation and results; and (8)
147147 118the fashion seller's or fashion manufacturer's provision of or co-operation in any remediation .
148148 119 (d) Reporting. Every fashion seller shall develop and submit to the attorney general
149149 120annually, beginning within 24 months of the effective date of this section, a due diligence report.
150150 121Such report, excluding the information required in clause (ii) of paragraph (2) of subsection (c),
151151 122shall also be made publicly available on the fashion seller’s website in a machine readable and
152152 123reusable format, published in line with open data principles through a clear and easily
153153 124discoverable link to the required information. In the event the fashion seller does not have an
154154 125internet website, the company shall provide a written disclosure to any person who has requested
155155 126information within 30 days of receiving a request. Such report shall also include the fashion
156156 127seller’s annual volume of material produced, including breakdown by material type.
157157 128
158158 129 (e) Verification. The attorney general shall develop a process for accrediting verification
159159 130bodies authorized to provide verification services. The verification process shall include:
160160 131 (1) The process for accrediting verification bodies including: (i) demonstrating
161161 132qualifications of verification staff, including their education, experience, and professional
162162 133licenses; (ii) any judicial proceedings, enforcement actions or administrative actions filed against
163163 134the verification body; and (iii) policies and mechanisms in place to prevent conflicts of interest
164164 135and to identify and resolve potential conflict of interest situations if they arise.
165165 136 (2) Verification bodies shall not be authorized to provide services to a company where a
166166 137conflict of interest exists. A conflict of interest shall include: (i) the verification body and
167167 138reporting entity sharing any management staff or board of directors membership or any of the 8 of 12
168168 139senior management staff of the reporting entity having been employed by the verification body,
169169 140or vice versa; (ii) any employee of the verification body or any employee of a related entity or a
170170 141subcontractor who is a member of the verification team having provided the reporting entity with
171171 142services related to the areas of verification or any services designated by the attorney general;
172172 143(iii) any staff member of the verification body providing any type of non-monetary incentive to a
173173 144reporting entity to secure a verification services contract; and (iv) any additional criteria
174174 145provided by the attorney general.
175175 146 (3) Verification bodies that have been accredited by the office of the attorney general
176176 147shall notify the office within 30 days if they no longer meet the verification requirements set
177177 148forth in this section.
178178 149
179179 150 (f) Enforcement. The requirements imposed on fashion sellers by this section shall be
180180 151monitored, investigated and enforced by the attorney general or an administrator designated by
181181 152the attorney general to bring civil proceedings for an injunction, monetary damages or civil
182182 153performance of a statutory duty. Fashion sellers shall be deemed non-compliant with this section
183183 154if they fail to conduct effective due diligence or fail to file a due diligence report pursuant to this
184184 155section.
185185 156 The attorney general or the attorney general’s designated administrator as applicable shall
186186 157annually publish and make publicly available a report regarding compliance with this section
187187 158including, listing the fashion sellers who are out of compliance with this section.
188188 159 Fashion sellers found to be out of compliance with this section after the attorney general
189189 160or the attorney general's designated administrator as applicable has provided notice of 9 of 12
190190 161noncompliance and after a 3 month period to meet obligations under this section has lapsed, may
191191 162be fined up to 2 per cent of annual revenues. Such fines shall be deposited in the Fashion
192192 163Sustainability and Social Accountability Fund established in section 2BBBBBB of chapter 29.
193193 164 Any person may report a violation of this section to the attorney general's office.
194194 165 (g) Liability. Any fashion seller shall be held jointly and severally liable for the payment
195195 166of wages of the employees of its tier 1 suppliers. For the purposes of this section, wages shall be
196196 167inclusive of all monies owed in accordance with the law of the country of manufacture including,
197197 168wages, overtime wages, paid leave, incentives, bonuses, severance and any other form of
198198 169payment or compensation. For the purposes of this section, employee shall include all workers,
199199 170whether full-time or part-time, permanent or fixed-term, directly contracted or hired indirectly
200200 171through an agency or other intermediary. Fashion sellers shall be liable for payment of lost
201201 172wages and an additional equal amount as liquidated damages.
202202 173 (h) Regulations. The attorney general shall promulgate all rules and regulations necessary
203203 174to implement the provisions of this section. The attorney general shall also develop and
204204 175disseminate educational materials to fashion sellers including, providing alerts on time sensitive
205205 176issues, emerging issues and high-risk country situations while assisting fashion sellers in
206206 177improving the quality of their due diligence processes.
207207 178 SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after
208208 179section 2AAAAAA the following section:-
209209 180 Section 2BBBBBB. (a) There shall be established and set up on the books of the
210210 181commonwealth a separate fund to be known as the Fashion Sustainability and Social
211211 182Accountability Fund for the purpose of requiring fashion sellers to be accountable to 10 of 12
212212 183environmental and social standards. The attorney general shall administer the fund to assist in
213213 184verification and enforcement of human rights and environmental due diligence by fashion sellers
214214 185pursuant to section 115 of chapter 93. There shall be credited to the fund:
215215 186
216216 187 (i) revenue from appropriations and other money authorized by the general court and
217217 188specifically designated to be credited to the fund;
218218 189 (ii) funds from public and private sources such as gifts, grants and donations to further
219219 190fashion sustainability and social accountability;
220220 191 (iii) funds of all moneys deposited pursuant to subsection (g) section 115 of chapter 93;
221221 192and
222222 193 (iv) interest earned on money in the fund.
223223 194 Amounts credited to the fund shall not be subject to further appropriation and any money
224224 195remaining in the fund at the end of a fiscal year shall not revert to the General Fund.
225225 196 (b) Amounts credited to the fund may be expended, without further appropriation, by the
226226 197attorney general for purposes related to the instruction of fashion sellers on human rights and
227227 198environmental due diligence, including, but not limited to:
228228 199 (i) development of curricular educational materials to fashion sellers pursuant to
229229 200subsection (e) of section 115 of chapter 93; and 11 of 12
230230 201 (ii) professional development training, including the provision of trainings, seminars,
231231 202conferences and materials for fashion sellers to use in the teaching proper due diligence pursuant
232232 203to subsection (e) of section 115 of chapter 93.
233233 204 (c) Amounts received from private sources shall be approved by the attorney general and
234234 205subject to review before being deposited in the fund to ensure that pledged funds are not
235235 206accompanied by conditions, explicit or implicit, on the implementation of human rights and
236236 207environmental due diligence that may be detrimental to the neutral and rigorous teaching of
237237 208environmental and social standards or unduly influence the direction of environmental and
238238 209human rights policy. The review shall be made publicly available on the attorney general’s
239239 210website.
240240 211 (e) Annually, not later than October 1, the attorney general shall report to the clerks of the
241241 212senate and house of representatives, the joint committee on judiciary and the house and senate
242242 213committees on ways and means on the fund’s activities. The report shall include, but not be
243243 214limited to:
244244 215 (i) the source and amount of funds received;
245245 216 (ii) the expenditures made from the fund and the purposes of such expenditures;
246246 217 (iii) any funds provided to institutions and other stakeholder organizations;
247247 218 (iv) anticipated revenue and expenditure projections for the next fiscal year; and
248248 219 (v) the number of fashion sellers that have used the fund to implement a new program or
249249 220enhance or maintain current programming. The report shall be publicly available on the attorney
250250 221general’s website. 12 of 12
251251 222 SECTION 3. This act shall take effect 6 months upon passage.