Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2026 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 286 FILED ON: 1/12/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2026
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan B. Lovely
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 :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
16	16	SENATE DOCKET, NO. 286 FILED ON: 1/12/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2026
18	18	By Ms. Lovely, a petition (accompanied by bill, Senate, No. 2026) of Joan B. Lovely, Adam
19	19	Scanlon, Michael D. Brady, Patrick M. O'Connor and other members of the General Court for
20	20	legislation to promote American manufacturing. State Administration and Regulatory Oversight.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2546 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to promote American manufacturing.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 7 of the General Laws, as appearing in the 2020 Official Edition, is
32	32	2hereby amended by inserting after section 22O, the following new section:-
33	33	3 Section 22P. USE OF AMERICAN MATERIALS
34	34	4 (a) Notwithstanding any general or special law to the contrary relating to procurement,
35	35	5and to the extent permitted by federal law, a state or municipal agency or authority shall, after
36	36	6giving preference pursuant to the provision of section 22O of this chapter for each contract for
37	37	7the construction, reconstruction, alteration, repair, improvement or maintenance of a public
38	38	8building or public works made by a public agency shall contain a provision that the iron, steel, 2 of 4
39	39	9fabricated steel, and manufactured goods used or supplied in the performance of the contract or
40	40	10any subcontract thereto shall be manufactured in the United States.
41	41	11 (b) The provisions of subsection
42	42	12 (a) of this section shall not apply in any case or category of cases in which the executive
43	43	13head of a public agency finds —
44	44	14 (1) that their application would be inconsistent with the public interest;
45	45	15 (2) that such materials and products are not produced in the United States in
46	46	16 sufficient and reasonably available quantities and of a satisfactory quality; or
47	47	17 (3) that inclusion of domestic material will increase the cost of the overall project
48	48	18 contract by more than 25 percent.
49	49	19 (c) If the executive head of a public agency receives a request for a waiver under
50	50	20subsection (b), the agency shall provide notice of and an opportunity for public comment on the
51	51	21request at least 30 days before making a finding based on the request.
52	52	22 (A.) A notice provided under subparagraph (A) shall —
53	53	23 (i) include the information available to the Secretary concerning the request, including
54	54	24whether the request is being made under subsection (b)(1), (b)(2), or (b)(3); and
55	55	25 (ii) be provided by electronic means, including on the official public Internet Web site of
56	56	26the agency. 3 of 4
57	57	27 (B) If the Secretary issues a waiver under subsection (b), the Secretary shall publish in
58	58	28the [applicable state record] a detailed justification for the waiver that —
59	59	29 (i) addresses the public comments received under paragraph (c)(A); and
60	60	30 (ii) is published before the waiver takes effect.
61	61	31 (d) Intentional Violations. If it has been determined by a court or Federal or State agency
62	62	32that any person intentionally —
63	63	33 (1) affixed a label bearing a "Made in America" inscription, or any inscription with the
64	64	34same meaning, to any iron, steel, fabricated steel, or manufactured good used in projects to
65	65	35which this section applies, sold in or shipped to the United States that was not made in the
66	66	36United States; or
67	67	37 (2) represented that any iron, steel, fabricated steel, or manufactured good used in
68	68	38projects to which this section applies that was not produced in the United States, was produced in
69	69	39the United States; that person shall be ineligible to receive any contract or subcontract with this
70	70	40State. The Attorney General is authorized to enforce the provision of the section.
71	71	41 SECTION 2. Chapter 30B of the General Laws is hereby amended by inserting after
72	72	42section 20, the following new section:
73	73	43 Section 20A. (a) Notwithstanding any general or special law to the contrary and to the
74	74	44extent permitted by federal law, any governmental body subject to the provisions of this chapter
75	75	45shall require, in all contracts pertaining to any construction project exceeding $500,000, for each
76	76	46contract for the construction, reconstruction, alteration, repair, improvement or maintenance of a
77	77	47public building or public works made by a public agency shall contain a provision that the iron, 4 of 4
78	78	48steel, fabricated steel, and manufactured goods used or supplied in the performance of the
79	79	49contract or any subcontract thereto shall be manufactured in the United States.
80	80	50 (b) The provisions of subsection (a) may not apply if less than three steel manufacturers
81	81	51and/or fabricators located in the United States have submitted responsive bids under the
82	82	52provisions of this chapter.
83	83	53 (c) If any provision of this chapter or application thereof is held to be invalid or in
84	84	54conflict with any applicable laws, this invalidity or conflict shall not affect the other provisions
85	85	55or applications which shall be given affect without the invalid provisions or applications, and to
86	86	56this end, the provisions and applications of this chapter are severable.