Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3325 Compare Versions

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2	2	HOUSE DOCKET, NO. 3507 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3325
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patricia A. Duffy
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 create the buy clean Massachusetts program.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Patricia A. Duffy5th Hampden1/17/2025 1 of 13
16	16	HOUSE DOCKET, NO. 3507 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3325
18	18	By Representative Duffy of Holyoke, a petition (accompanied by bill, House, No. 3325) of
19	19	Patricia A. Duffy relative to construction contracts. State Administration and Regulatory
20	20	Oversight.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act to create the buy clean Massachusetts program.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Definitions.
30	30	2 Section 1. As used in this chapter, the following words shall have the following meanings
31	31	3unless the context clearly requires otherwise:
32	32	4 "Actual production facilities", the final manufacturing facility and the facilities at which
33	33	5production processes occur that contribute to 70 percent or more of the product's cradle-to-gate
34	34	6global warming potential, as reflected in the environmental product declaration.
35	35	7 "Awarding authority", state or local institution or department authorized to issue bids and
36	36	8contracts on the Commonwealth’s behalf including:
37	37	9 (i) Public institutions of higher education;
38	38	10 (ii) The division of capital asset management and maintenance through the operational
39	39	11services division; 2 of 13
40	40	12 (iii) The executive office of transportation;
41	41	13 (iv) Municipal governments and departments; and
42	42	14 (v) Any other state government agency that receives funding from the Commonwealth for
43	43	15a public works project contracted directly by the state agency.
44	44	16 "Covered product", construction materials under the purview of this act, including:
45	45	17 (i) Structural concrete products, including ready mix, shotcrete, precast, and concrete
46	46	18masonry units;
47	47	19 (ii) Reinforcing steel products, specifically rebar and posttensioning tendons;
48	48	20 (iii) Structural steel products, specifically hot rolled sections, hollow sections, metal
49	49	21deck, and plate; and
50	50	22 (iv) Engineered wood products, such as cross-laminated timber per ANSI form no. PRG
51	51	23320, glulam beams, laminated veneer lumber, parallel strand lumber, dowel laminated timber,
52	52	24nail laminated timber, glulam laminated timber, prefabricated wood joists per ASTM D5055,
53	53	25wood structural panel per product standard 1 or product standard 2, solid sawn lumber per
54	54	26product standard 20, structural composite lumber per ASTM D5456, and structural sawn lumber.
55	55	27 (a) For the purposes of this subsection:
56	56	28 "ANSI", the American national standards institute.
57	57	29 “ASTM”, the American society for testing and materials. 3 of 13
58	58	30 “Product standard”, a voluntary product standard published by the United States
59	59	31department of commerce national institute of standards and technology.
60	60	32 "Covered project", projects that are subject to this act including:
61	61	33 (i) A construction project larger than 50,000 gross square feet in completion;
62	62	34 (ii) A building renovation project where the cost is greater than 50 percent of the assessed
63	63	35value and the project is larger than 50,000 gross square feet of occupied or conditioned space; or
64	64	36 (iii) A transportation infrastructure project where the contract is greater than $3,000,000
65	65	37which include a concrete pay item with estimated quantity of at least 200 cubic yards.
66	66	38 "Division", the division of capital asset management and maintenance.
67	67	39 "Environmental product declaration", a type III environmental product declaration, as
68	68	40defined by the international organization for standardization standard 14025 or similarly robust
69	69	41life-cycle assessment methods that have uniform standards in data collection consistent with the
70	70	42international organization for standardization standard 14025, industry acceptance, and integrity.
71	71	43 When available, the environmental product declaration must be supply chain specific,
72	72	44and shall reflect an environmental product declaration that includes supply chain specific data for
73	73	45production processes that contribute 70 percent or more of a product's cradle-to-gate global
74	74	46warming potential, as defined in international organization for standardization standard 21930,
75	75	47and reports the overall percentage of supply chain specific data included.
76	76	48 "Greenhouse gas", any chemical or physical substance that is emitted into the air and that
77	77	49may reasonably be anticipated to cause or contribute to climate change including, but not limited 4 of 13
78	78	50to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur
79	79	51hexafluoride.
80	80	52 "Health product declaration", a supply chain specific health product declaration, as
81	81	53defined by the health product declaration open standard maintained by the health product
82	82	54declaration collaborative, that has robust methods for product manufacturers and their ingredient
83	83	55suppliers to uniformly report and disclose information about product contents and associated
84	84	56health information.
85	85	57 “Lower-Carbon”, materials with low embodied energy and carbon emissions throughout
86	86	58their production, assembly, and transportation when compared to conventional products,
87	87	59assembly or transportation.
88	88	60 "Product and facility specific report", an environmental product declaration whereby the
89	89	61environmental impacts can be attributed to a single manufacturer and a specific manufacturing or
90	90	62production facility.
91	91	63 SECTION 2. (1)(a) Beginning July 1, 2027, an awarding authority must require in all
92	92	64newly executed construction contracts that the selected firm for a construction contract for a
93	93	65covered project larger than 100,000 gross square feet submit to the division the following data
94	94	66for each covered product used before substantial completion, including at a minimum:
95	95	67 (i) Product quantity;
96	96	68 (ii) A current environmental product declaration;
97	97	69 (iii) Health product declaration, if any, completed for the product;
98	98	70 (iv) Manufacturer name and location, including state or province and country; and 5 of 13
99	99	71 (v) Office of minority and women-owned business enterprises certification, if any.
100	100	72 (b) Beginning July 1, 2029, an awarding authority must require in all newly executed
101	101	73construction contracts that the selected firm for a construction contract for a covered project
102	102	74submit the data required by (a) of this subsection for each covered product used before
103	103	75substantial completion. All data shall be shared with the division at the time of submittal.
104	104	76 (c) The selected firm for a contract for a covered project shall provide the data required
105	105	77by this subsection for at least 90 percent of the cost of each of the covered products used in the
106	106	78project.
107	107	79 (2) The selected firm for a contract for a covered project is required to collect and submit
108	108	80from product suppliers the information required in subsection (1)(a)(ii) through (vi) of this
109	109	81section. The selected firm is not required to verify the information received from product
110	110	82suppliers.
111	111	83 (3) If a supply chain specific environmental product declaration is not available, a
112	112	84product and facility specific report may be submitted.
113	113	85 (4) This section does not apply to a covered product for a particular covered project if the
114	114	86awarding authority determines, upon written justification provided to the division, that the
115	115	87requirements in this section would cause a significant delay in completion, significant increase in
116	116	88overall project cost, or result in only one product supplier being able to provide the covered
117	117	89product.
118	118	90 (5) An awarding authority must include the information and reporting requirements in
119	119	91this section in a specification for bids for a covered project. 6 of 13
120	120	92 (6) Subject to funds appropriated for this specific purpose, the division may provide
121	121	93financial assistance to small businesses, as allocated by the Legislature, to help offset the costs to
122	122	94the small business of producing an environmental product declaration required under this
123	123	95section. Such financial assistance supports the production of environmental product declarations
124	124	96and achievement of reductions of embodied carbon in the built environment while ensuring that
125	125	97small manufacturers are not put at a competitive disadvantage in state contracting as a result of
126	126	98the requirements of this chapter.
127	127	99 SECTION 3. By July 1, 2027, and to the extent practicable, specifications for a bid or
128	128	100proposal for a project contract by an awarding authority may only include performance-based
129	129	101specifications for concrete used as a structural material. Awarding authorities may continue to
130	130	102use prescriptive specifications on structural elements to support special designs and emerging
131	131	103technology implementation.
132	132	104 SECTION 4. (1) The division must develop, maintain, and refine a publicly accessible
133	133	105database after July 1, 2029 for selected firms for contracts for covered projects to submit the data
134	134	106required in section 3 of this act to the division and to promote transparency. The division may
135	135	107seek specific state funding for this purpose.
136	136	108 (2) The database maintained pursuant to subsection (1) of this section must publish global
137	137	109warming potential as reported in the environmental product declarations.
138	138	110 (3) By July 1, 2027, the division must:
139	139	111 (i) Further elaborate covered product definitions using applicable material industry
140	140	112standards; 7 of 13
141	141	113 (ii) Develop measurement and reporting standards to ensure that data is consistent and
142	142	114comparable, including standards for reporting product quantities;
143	143	115 (iii) Create model language for specifications, bid documents, and contracts to support
144	144	116the implementation of section 3 of this act; and
145	145	117 (iv) Produce an educational brief that:
146	146	118 (a) Provides an overview of embodied carbon;
147	147	119 (b) Describes the appropriate use of environmental product declarations, including the
148	148	120necessary preconditions for environmental product declarations to be comparable;
149	149	121 (c) Outlines reporting standards, including covered product definitions, standards for
150	150	122reporting product quantities, and working conditions;
151	151	123 (d) Describes the data collection and reporting process for all information required in
152	152	124section 3 of this act;
153	153	125 (e) Provides instructions for the use of the database; and
154	154	126 (f) Lists applicable product category rules for covered products.
155	155	127 (4) The division may contract for the use of nationally or internationally recognized
156	156	128databases of environmental product declarations for purposes of implementing this section.
157	157	129 SECTION 5.
158	158	130 (1) By December 1, 2026, the division must convene a technical work group that includes
159	159	131the following representatives: 8 of 13
160	160	132 (i) Two designees chosen by the Massachusetts chapter of the American Institute of
161	161	133Architects with expertise in the fields of public design, structural design, or specification;
162	162	134 (ii) Two designees chosen by Construction Industries of Massachusetts with experience
163	163	135in public construction;
164	164	136 (iii) Two representatives each from Massachusetts manufacturers of each of the
165	165	137following, with the stipulation that each product category include one conventional and one
166	166	138lower-carbon supplier where practicable:
167	167	139 (a) Steel;
168	168	140 (b) Wood; and
169	169	141 (c) Concrete;
170	170	142 (iv) Two designees from the division of capital asset management and maintenance, as
171	171	143chosen by the Secretary;
172	172	144 (v) Two designees from the department of transportation, as chosen by the Secretary;
173	173	145 (vi) One designee from the executive office of energy and environmental affairs, as
174	174	146chosen by the Secretary;
175	175	147 (vii) The assistant secretary for operational services in the operational services division,
176	176	148or their designee;
177	177	149 (viii) Two designees from two environmental groups that focus on embodied carbon and
178	178	150climate change, as recommended by the secretary of energy and environmental affairs; 9 of 13
179	179	151 (ix) A representative from the minority and women-owned business community with
180	180	152experience in public construction projects, as designated by the division of capital asset
181	181	153management and maintenance; and
182	182	154 (x) Representatives of other agencies and independent experts as necessary to meet the
183	183	155objectives of the technical work group as described in this section.
184	184	156 The Secretary of the executive office for administration and finance or their designee
185	185	157shall function as the chairperson.
186	186	158 (2) The division intends formation of subgroups with technical work group members who
187	187	159have subject matter expertise or industry experience to develop technical information,
188	188	160recommendations, and analysis specific to individual material types, and the feasibility of supply
189	189	161chain specific environmental product declarations. The recommendations must, where possible,
190	190	162align with state and national principles and laws for environmental product declaration
191	191	163development.
192	192	164 (3) The purpose of the technical work group is to identify opportunities for and barriers to
193	193	165growth of the use and production of lower-carbon materials, promote high labor standards in
194	194	166manufacturing, and preserve and expand lower-carbon materials manufacturing in
195	195	167Massachusetts. The group shall also make recommendations for the implementation of the use of
196	196	168lower-carbon materials in all future public projects, including but not limited to aligning
197	197	169specifications of future covered projects, incentives for the use of lower-carbon materials and
198	198	170necessary changes to Commonwealth purchasing procedures.
199	199	171 (4) By September 1, 2027, the technical work group must submit a report to the
200	200	172legislature and the governor that includes: 10 of 13
201	201	173 (i) A lower-carbon materials manufacturing plan that recommends policies to preserve
202	202	174and grow the in-state manufacturing of lower-carbon materials and accelerate industrial
203	203	175decarbonization. For this plan, the technical work group must:
204	204	176 (a) Examine barriers and opportunities to maintain and grow a robust in-state supply of
205	205	177lower-carbon building materials including, but not limited to, state and domestic supply of raw
206	206	178materials and other supply chain challenges, regulatory barriers, competitiveness of local and
207	207	179domestic manufacturers, cost, and data availability from local, state, national, and foreign
208	208	180product suppliers; and
209	209	181 (b) Identify opportunities to encourage the continued conversion to lower-carbon
210	210	182cements, including the use of performance-based specifications and allowing Type 1-L cement in
211	211	183specifications for public projects.
212	212	184 (ii) Recommendations for consistent treatment in the reporting for covered products; and
213	213	185 (iii) Consideration of how additional information relevant to reducing embodied carbon
214	214	186through strategies including, but not limited to, product life-cycle assessments could be
215	215	187incorporated into future reporting.
216	216	188 (5)(a) By September 1, 2028, the technical work group must submit a report on policy
217	217	189recommendations, including any statutory changes needed, to the legislature and the governor.
218	218	190The report must consider policies to expand the use and production of lower-carbon materials,
219	219	191preserve and expand lower-carbon materials manufacturing in Massachusetts, including
220	220	192opportunities to encourage continued conversion to lower-carbon blended cements in public
221	221	193projects, and recommend ways to incorporate lower-carbon materials into public construction
222	222	194projects. 11 of 13
223	223	195 (b) For this report, the technical work group must:
224	224	196 (i) Summarize data collected pursuant to section 3 of this act, including product
225	225	197quantities, global warming potential, health product declarations, and any obstacles to the
226	226	198implementation of this chapter;
227	227	199 (ii) Make recommendations for improving environmental production declaration data
228	228	200quality including, but not limited to, integrating reporting on variability in facility, product, and
229	229	201upstream data for key processes;
230	230	202 (iii) Make recommendations, if any, for changing or clarifying the definition of "actual
231	231	203production facilities" in section 2 of this act to better define and refine reporting and compliance
232	232	204obligations;
233	233	205 (iv) Identify barriers and opportunities to the effective use of the database maintained
234	234	206under section 5 of this act and the data collected pursuant to this chapter;
235	235	207 (vi) Identify emerging and foreseeable trends in local, state, federal, and private policy on
236	236	208embodied carbon and the procurement and use of lower-carbon materials and opportunities to
237	237	209promote consistency across public and private embodied carbon and lower-carbon materials
238	238	210policies, rules, and regulations; and
239	239	211 (vii) Recommend approaches to designing lower-carbon state building projects.
240	240	212 (6)(a) The division may update reporting standards and requirements based on input from
241	241	213the technical work group.
242	242	214 (b) The division must provide updated guidance on reporting standards by January 1,
243	243	2152029. 12 of 13
244	244	216 (7) This section expires January 1, 2030.
245	245	217 SECTION 6.
246	246	218 (1) Awarding authorities in the Commonwealth are hereby directed to include in pre-bid
247	247	219specification documents instructions beginning no later than January 1, 2030 specific goals for
248	248	220use of lower-carbon products in all major capital construction projects valued over $10,000,000
249	249	221that are required to complete a predesign.
250	250	222 (a) The recommendations for use of lower-carbon products shall reflect the
251	251	223recommendations of the technical work group created in Section 6, and shall meet the goals of
252	252	224the Massachusetts Clean Energy and Climate Plan for 2050, as published on December 21, 2022.
253	253	225 (b) The operational services division shall provide technical assistance to municipalities
254	254	226and counties on implementation of these goals.
255	255	227 (2) For proposed capital projects identified in this subsection that are requesting state
256	256	228funding:
257	257	229 (i) Whether there was regional coordination during project development;
258	258	230 (ii) Whether local and additional funds were leveraged;
259	259	231 (iii) The financial impact of using lower-carbon materials in the project; and
260	260	232 (iv) Whether environmental outcomes and the reduction of adverse environmental
261	261	233impacts were examined. 13 of 13
262	262	234 (3) For projects subject to subsection (1) of this section, the operational services division
263	263	235shall request the required information be provided during the predesign process of major capital
264	264	236construction projects to reduce long-term costs and increase process efficiency.
265	265	237 (5) The executive office of administration and finance, in the completion of capital
266	266	238budget and investment plans, must take into account information gathered under subsections (1)
267	267	239and (2) of this section in an effort to promote state capital facility expenditures that minimize
268	268	240unplanned or uncoordinated infrastructure and development costs, support economic and quality
269	269	241of life benefits for existing communities, and support local government planning efforts.
270	270	242 SECTION 7. This act shall be known and cited as the buy clean Massachusetts act.
271	271	243 SECTION 8. If any provision of this act or its application to any person or circumstance
272	272	244is held invalid, the remainder of the act or the application of the provision to other persons or
273	273	245circumstances is not affected.