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SENATE DOCKET, NO. 286 FILED ON: 1/12/2023
SENATE . . . . . . . . . . . . . . No. 2026
The Commonwealth of Massachusetts
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PRESENTED BY:
Joan B. Lovely
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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 promote American manufacturing.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Joan B. LovelySecond EssexAdam Scanlon14th Bristol1/20/2023Michael D. BradySecond Plymouth and Norfolk1/26/2023Patrick M. O'ConnorFirst Plymouth and Norfolk2/8/2023Michael O. MooreSecond Worcester2/8/2023Michelle M. DuBois10th Plymouth2/21/2023 1 of 4
SENATE DOCKET, NO. 286 FILED ON: 1/12/2023
SENATE . . . . . . . . . . . . . . No. 2026
By Ms. Lovely, a petition (accompanied by bill, Senate, No. 2026) of Joan B. Lovely, Adam
Scanlon, Michael D. Brady, Patrick M. O'Connor and other members of the General Court for
legislation to promote American manufacturing. State Administration and Regulatory Oversight.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2546 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to promote American manufacturing.
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. Chapter 7 of the General Laws, as appearing in the 2020 Official Edition, is
2hereby amended by inserting after section 22O, the following new section:-
3 Section 22P. USE OF AMERICAN MATERIALS
4 (a) Notwithstanding any general or special law to the contrary relating to procurement,
5and to the extent permitted by federal law, a state or municipal agency or authority shall, after
6giving preference pursuant to the provision of section 22O of this chapter for each contract for
7the construction, reconstruction, alteration, repair, improvement or maintenance of a public
8building or public works made by a public agency shall contain a provision that the iron, steel, 2 of 4
9fabricated steel, and manufactured goods used or supplied in the performance of the contract or
10any subcontract thereto shall be manufactured in the United States.
11 (b) The provisions of subsection
12 (a) of this section shall not apply in any case or category of cases in which the executive
13head of a public agency finds —
14 (1) that their application would be inconsistent with the public interest;
15 (2) that such materials and products are not produced in the United States in
16 sufficient and reasonably available quantities and of a satisfactory quality; or
17 (3) that inclusion of domestic material will increase the cost of the overall project
18 contract by more than 25 percent.
19 (c) If the executive head of a public agency receives a request for a waiver under
20subsection (b), the agency shall provide notice of and an opportunity for public comment on the
21request at least 30 days before making a finding based on the request.
22 (A.) A notice provided under subparagraph (A) shall —
23 (i) include the information available to the Secretary concerning the request, including
24whether the request is being made under subsection (b)(1), (b)(2), or (b)(3); and
25 (ii) be provided by electronic means, including on the official public Internet Web site of
26the agency. 3 of 4
27 (B) If the Secretary issues a waiver under subsection (b), the Secretary shall publish in
28the [applicable state record] a detailed justification for the waiver that —
29 (i) addresses the public comments received under paragraph (c)(A); and
30 (ii) is published before the waiver takes effect.
31 (d) Intentional Violations. If it has been determined by a court or Federal or State agency
32that any person intentionally —
33 (1) affixed a label bearing a "Made in America" inscription, or any inscription with the
34same meaning, to any iron, steel, fabricated steel, or manufactured good used in projects to
35which this section applies, sold in or shipped to the United States that was not made in the
36United States; or
37 (2) represented that any iron, steel, fabricated steel, or manufactured good used in
38projects to which this section applies that was not produced in the United States, was produced in
39the United States; that person shall be ineligible to receive any contract or subcontract with this
40State. The Attorney General is authorized to enforce the provision of the section.
41 SECTION 2. Chapter 30B of the General Laws is hereby amended by inserting after
42section 20, the following new section:
43 Section 20A. (a) Notwithstanding any general or special law to the contrary and to the
44extent permitted by federal law, any governmental body subject to the provisions of this chapter
45shall require, in all contracts pertaining to any construction project exceeding $500,000, for each
46contract for the construction, reconstruction, alteration, repair, improvement or maintenance of a
47public building or public works made by a public agency shall contain a provision that the iron, 4 of 4
48steel, fabricated steel, and manufactured goods used or supplied in the performance of the
49contract or any subcontract thereto shall be manufactured in the United States.
50 (b) The provisions of subsection (a) may not apply if less than three steel manufacturers
51and/or fabricators located in the United States have submitted responsive bids under the
52provisions of this chapter.
53 (c) If any provision of this chapter or application thereof is held to be invalid or in
54conflict with any applicable laws, this invalidity or conflict shall not affect the other provisions
55or applications which shall be given affect without the invalid provisions or applications, and to
56this end, the provisions and applications of this chapter are severable.