Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2028 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1047 FILED ON: 1/18/2023
3	3	SENATE . . . . . . . . . . . . . . No. 2028
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Liz Miranda
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 equity in public contracting in honor of Bruce C. Bolling.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Liz MirandaSecond SuffolkLydia EdwardsThird Suffolk2/8/2023Jason M. LewisFifth Middlesex2/8/2023 1 of 5
16	16	SENATE DOCKET, NO. 1047 FILED ON: 1/18/2023
17	17	SENATE . . . . . . . . . . . . . . No. 2028
18	18	By Ms. Miranda, a petition (accompanied by bill, Senate, No. 2028) of Liz Miranda, Lydia
19	19	Edwards and Jason M. Lewis for legislation relative to equity in public contracting in honor of
20	20	Bruce C. Bolling. State Administration and Regulatory Oversight.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE SENATE, NO. 2018 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 relative to equity in public contracting in honor of Bruce C. Bolling.
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. Section 1 of chapter 7 of the General Laws, as appearing in the 2016
32	32	2Official Edition, is hereby amended by adding the following definitions:-
33	33	3 “Low income community”, a municipality where the median household income is 65 per
34	34	4cent or less than the statewide household median income. In the case of a municipality with
35	35	550,000 residents or more, low income community shall mean a geographically contiguous,
36	36	6historically recognized neighborhood of 10,000-50,000 residents.
37	37	7 “Minority business enterprise”, as used in this chapter shall be defined as it is in section
38	38	858 of chapter 7 of the General Laws, as so appearing. 2 of 5
39	39	9 “Women business enterprise” as used in this chapter shall be defined as it is in section 58
40	40	10of chapter 7 of the General Laws, as so appearing.
41	41	11 SECTION 2. Section 14C of said chapter 7 of the General Laws, as so appearing, is
42	42	12hereby amended by inserting after subsection (h) the following subsections:-
43	43	13 (i) Within 150 calendar days of the effective date of this section, any entity awarded a
44	44	14contract under the provisions of chapter 7, shall provide written verification with every invoice
45	45	15submitted to the awarding authority detailing the portion of the payment that will be allocated to
46	46	16minority business enterprises and women business enterprises, and reporting the racial, ethnic
47	47	17and gender make-up of the awardees’ workforce in Massachusetts. The awardee shall take
48	48	18necessary steps to prevent the disclosure of individually-identifying information about
49	49	19employees on this report.
50	50	20 (j) The executive office of administration and finance shall, within 90 calendar days of
51	51	21the effective date of this section, promulgate a template reporting form, for optional use by the
52	52	22awarding authority, to assist contractors in meeting the requirements of this section.
53	53	23 (k) The awarding authority shall submit the report to the Massachusetts Management and
54	54	24Reporting System (MMARS) within 30 calendar days of receiving it. The comptroller of the
55	55	25commonwealth shall, within 120 days of the effective date of this section, develop appropriate
56	56	26fields within the MMARS for receiving this data.
57	57	27 SECTION 3. Section 22O of chapter 7 of the General Laws, as so appearing, is hereby
58	58	28amended by adding the following sentence:- 3 of 5
59	59	29 The commonwealth shall seek to achieve minority business enterprise and women
60	60	30business enterprise contracting goals within state procurement that reflect the diverse racial,
61	61	31ethnic and gender makeup of the commonwealth’s population.
62	62	32 SECTION 4. Section 1 of chapter 149 of the General Laws, as so appearing, is hereby
63	63	33amended by adding the following definitions:-
64	64	34 “Low income community”, a municipality where the median household income is 65 per
65	65	35cent or less than the statewide household median income. In the case of a municipality with
66	66	3650,000 residents or more, low income community shall mean a geographically contiguous,
67	67	37historically recognized neighborhood of 10,000-50,000 residents.
68	68	38 “Minority business enterprise”, as used in this chapter shall be defined as it is in section
69	69	3958 of chapter 7 of the General Laws, as so appearing.
70	70	40 “Women business enterprise” as used in this chapter shall be defined as it is in section 58
71	71	41of chapter 7 of the General Laws, as so appearing.
72	72	42 SECTION 5. Section 44A of chapter 149 of the General Laws, as so appearing, is hereby
73	73	43amended by inserting after the word “chapter;” in line 17 the following sentence:- provided,
74	74	44however, that in deliberating upon the responsibility of a bidder, a contracting public agency
75	75	45shall consider a bidder’s compliance with commitments made in previous bids or contract
76	76	46documents with the commonwealth, if any, including, but not limited to, the failure of a bidder,
77	77	47contractor, or proposed subcontractor to comply with the commitments regarding the
78	78	48employment of minority business enterprises and women business enterprises and regarding
79	79	49workforce inclusion goals. 4 of 5
80	80	50 SECTION 6. Section 44A½ of said chapter 149, as so appearing, is hereby amended by
81	81	51adding the following paragraphs:-
82	82	52 (d) It shall be the goal of the commonwealth to achieve minority business enterprise and
83	83	53women business enterprise contracting goals and workforce participation goals on the totality of
84	84	54state-funded design and construction contracts that are reflective of the diverse racial, ethnic, and
85	85	55gender make-up of the commonwealth’s population.
86	86	56 (e) It shall be the goal of the commonwealth that job creation on state-funded
87	87	57construction contracts be targeted to members of the community in which a project is physically
88	88	58located and that the workforce on that project reflect the demographic diversity of the host
89	89	59community, when construction projects are located in low income communities.
90	90	60 SECTION 7. Paragraph (1) of subsection (e) of section 44D½ of chapter 149, as so
91	91	61appearing, is hereby amended by adding the following sentence:-
92	92	62 (viii) Joint Ventures, documentation demonstrating that the firm has formed an
93	93	63association of not less than 2 businesses in which 1 of the businesses is a minority business
94	94	64enterprise or a women business enterprise.
95	95	65 SECTION 8. Paragraph (3) of subsection (e) of section 44D½ of chapter 149, as so
96	96	66appearing, is hereby amended by adding the following sentence:-
97	97	67 (iii) Evidence of the bidder, contractor, or proposed contractor’s ability to advance the
98	98	68commonwealth’s contracting and workforce inclusion goals as stated in section 44A½ of chapter
99	99	69149. 5 of 5
100	100	70 SECTION 9. Said chapter 149, as so appearing, is hereby amended by adding the
101	101	71following section:-
102	102	72 Section 44N. Data collection and disclosure
103	103	73 Within 150 calendar days of the effective date of this section, any entity awarded a
104	104	74contract for construction by a state agency shall provide written verification with every progress
105	105	75payment request (PPR) submitted to the awarding authority detailing the portion of the payment
106	106	76that will be allocated to minority business enterprises and women business enterprises
107	107	77respectively, as defined in section 58 of chapter 7, and detailing the total number of hours
108	108	78worked by all employees on that contract during the period covered by the PPR; and including a
109	109	79breakdown of hours worked by workers’ ZIP codes of residence, as well as a breakdown of the
110	110	80number of hours worked by women and workers of color, respectively. The reporting entity shall
111	111	81take necessary steps to prevent the disclosure of individually-identifying information about
112	112	82employees on this report.
113	113	83 The executive office of administration and finance shall, within 90 calendar days of the
114	114	84effective date of this section, promulgate a template reporting form, for optional use by the
115	115	85awarding authority, to assist contractors in meeting the requirements of this section.
116	116	86 The awarding authority shall submit the report to the Massachusetts Management and
117	117	87Reporting System (MMARS) within 30 calendar days of receiving it. The comptroller of the
118	118	88commonwealth shall, within 120 days of the effective date of this section, develop appropriate
119	119	89fields within the MMARS for receiving this data.