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HOUSE DOCKET, NO. 1243 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 3524
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
William F. MacGregor
_________________
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 relative to transparency in private utility construction contracts.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:William F. MacGregor10th Suffolk1/14/2025Lindsay N. Sabadosa1st Hampshire1/28/2025Brian W. Murray10th Worcester1/28/2025James K. Hawkins2nd Bristol1/28/2025Angelo J. Puppolo, Jr.12th Hampden1/28/2025Frank A. Moran17th Essex1/28/2025Paul McMurtry11th Norfolk1/28/2025Susannah M. Whipps2nd Franklin1/28/2025Jason M. LewisFifth Middlesex1/28/2025Patrick Joseph Kearney4th Plymouth1/28/2025Tara T. Hong18th Middlesex1/29/2025Erika Uyterhoeven27th Middlesex1/30/2025Colleen M. Garry36th Middlesex1/30/2025Michael D. BradySecond Plymouth and Norfolk1/30/2025Danillo A. Sena37th Middlesex2/6/2025Samantha Montaño15th Suffolk2/6/2025James B. EldridgeMiddlesex and Worcester2/11/2025Daniel Cahill10th Essex2/11/2025 2 of 2
Kevin G. Honan17th Suffolk2/27/2025Antonio F. D. Cabral13th Bristol3/7/2025Adrianne Pusateri Ramos14th Essex3/7/2025 1 of 3
HOUSE DOCKET, NO. 1243 FILED ON: 1/14/2025
HOUSE . . . . . . . . . . . . . . . No. 3524
By Representative MacGregor of Boston, a petition (accompanied by bill, House, No. 3524) of
William F. MacGregor and others relative to the availability of private utility construction
contracts. Telecommunications, Utilities and Energy.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3681 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to transparency in private utility construction contracts.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 164 of the General Laws, as appearing in the 2012 Official Edition, is hereby
2amended by inserting after Section 76D the following section:-Section 76 E.(a) As used in this
3section, the following words shall, unless the context otherwise requires, have the following
4meanings:-
5 “Company,” a gas or distribution company
6 “Contract," any agreement for the procurement of services specified under subsection
7(b),regardless of what the parties call the agreement.
8 “Responsible Bidder,” a person who has the capability to perform fully the contract
9requirements, and the integrity and reliability which assures good faith performance. 2 of 3
10 “Score,” the quantities or qualitatively rating or method utilized by the company to
11award a contract
12 (b) When entering into a contract in the amount of $100,000 or more for services related
13to the excavation or construction upon, along, or across any public way, each company shall be
14subject to this section.
15 (c) A company shall(1) within two business days after the decision has been made,inform
16any responsible bidder which submitted a bid of its decision in relation to the award of a
17contract, and shall do so by notice in writing by the most rapid means of communication
18possible; and (2) post on their website (i)name of the contractor, (ii)location of project,(iii)
19duration of work.
20 (d) The written notice to each responsible bidder shall include (1) The criteria for the
21award of the contract; and (2) the score obtained by the responsible bidder; and (3) winning
22amount.
23 (e) Where there is only one response to a solicitation, a company need not comply with
24this section.
25 (f) A company may withhold any information to be provided in accordance with the
26section where disclosure of such information (1) would impede law enforcement,(2) would
27otherwise be contrary to the public interest, (3) would prejudice the legitimate commercial
28interests of any responsible bidder; or (4) might interfere with competition between responsible
29bidders. 3 of 3
30 (g) The department shall be responsible for enforcing this section , and may promulgate
31regulations and issue orders it deems in the public interest regarding the procurement practices of
32companies.