HOUSE DOCKET, NO. 1929        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2826

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Edward F. Coppinger

_________________

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:

Edward F. Coppinger

10th Suffolk

1/7/2019

Steven Ultrino

33rd Middlesex

1/23/2019

Frank A. Moran

17th Essex

1/23/2019

Timothy R. Whelan

1st Barnstable

1/23/2019

Angelo J. Puppolo, Jr.

12th Hampden

1/23/2019

Brian W. Murray

10th Worcester

1/23/2019

Richard M. Haggerty

30th Middlesex

1/23/2019

Daniel Cahill

10th Essex

1/23/2019

José F. Tosado

9th Hampden

1/25/2019

Louis L. Kafka

8th Norfolk

1/25/2019

Ruth B. Balser

12th Middlesex

1/25/2019

David Paul Linsky

5th Middlesex

1/25/2019

Christopher M. Markey

9th Bristol

1/25/2019

Tram T. Nguyen

18th Essex

1/28/2019

Tommy Vitolo

15th Norfolk

1/28/2019

Tackey Chan

2nd Norfolk

1/28/2019

Mike Connolly

26th Middlesex

1/28/2019

Daniel J. Ryan

2nd Suffolk

1/30/2019

Adrian C. Madaro

1st Suffolk

1/30/2019

James B. Eldridge

Middlesex and Worcester

1/30/2019

Stephan Hay

3rd Worcester

1/30/2019

Christina A. Minicucci

14th Essex

1/30/2019

David M. Rogers

24th Middlesex

1/30/2019

Alice Hanlon Peisch

14th Norfolk

1/30/2019

Joseph W. McGonagle, Jr.

28th Middlesex

1/30/2019

Christopher Hendricks

11th Bristol

1/30/2019

Angelo M. Scaccia

14th Suffolk

1/30/2019

Smitty Pignatelli

4th Berkshire

1/30/2019

Daniel M. Donahue

16th Worcester

1/31/2019

Rady Mom

18th Middlesex

1/31/2019

Mathew J. Muratore

1st Plymouth

1/31/2019

Danielle W. Gregoire

4th Middlesex

1/31/2019

Carmine Lawrence Gentile

13th Middlesex

1/31/2019

Josh S. Cutler

6th Plymouth

1/31/2019

David F. DeCoste

5th Plymouth

1/31/2019

Bruce E. Tarr

First Essex and Middlesex

1/31/2019

Bud L. Williams

11th Hampden

1/31/2019

Natalie M. Higgins

4th Worcester

1/31/2019

Mary S. Keefe

15th Worcester

1/31/2019

Joseph F. Wagner

8th Hampden

1/31/2019

Harold P. Naughton, Jr.

12th Worcester

1/31/2019

Denise C. Garlick

13th Norfolk

1/31/2019

Antonio F. D. Cabral

13th Bristol

1/31/2019

Kate Hogan

3rd Middlesex

2/1/2019

Diana DiZoglio

First Essex

2/1/2019

Marc R. Pacheco

First Plymouth and Bristol

2/1/2019

Patrick M. O'Connor

Plymouth and Norfolk

2/1/2019

Brendan P. Crighton

Third Essex

2/1/2019

Michael D. Brady

Second Plymouth and Bristol

2/1/2019

James Arciero

2nd Middlesex

2/1/2019

Jack Patrick Lewis

7th Middlesex

2/1/2019

Marjorie C. Decker

25th Middlesex

2/1/2019

Daniel R. Cullinane

12th Suffolk

2/1/2019

Paul F. Tucker

7th Essex

2/1/2019

David Henry Argosky LeBoeuf

17th Worcester

2/1/2019

Paul W. Mark

2nd Berkshire

2/1/2019

Peter Capano

11th Essex

2/1/2019

Bruce J. Ayers

1st Norfolk

2/1/2019

Sean Garballey

23rd Middlesex

2/1/2019

Colleen M. Garry

36th Middlesex

2/1/2019

David M. Nangle

17th Middlesex

2/1/2019

David Biele

4th Suffolk

2/1/2019

Angelo L. D'Emilia

8th Plymouth

2/1/2019

Carlos González

10th Hampden

2/1/2019

Paul McMurtry

11th Norfolk

2/1/2019

James J. O'Day

14th Worcester

2/1/2019


HOUSE DOCKET, NO. 1929        FILED ON: 1/17/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2826

By Mr. Coppinger of Boston, a petition (accompanied by bill, House, No. 2826) of Edward F. Coppinger and others relative to transparency in private utility construction contracts.  Telecommunications, Utilities and Energy.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1733 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

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:
 

SECTION 1. Chapter 164 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after Section 76D the following section:-

Section 76E.  (a) As used in this section, the following words shall, unless the context otherwise requires, have the following meanings:-



“Company”, a gas or distribution company.


“Contract”, any agreement for the procurement of services specified under subsection (b), regardless of what the parties call the agreement.

“Responsible bidder”, a person who has the capability to perform fully the contract requirements, and the integrity and reliability which assures good faith performance.


“Score”, the quantitative or qualitative rating or method utilized by the company to award a contract

(b) When entering into a contract in the amount of $100,000 or more for services related to the excavation or construction upon, along, under, or across any public way, each company shall be subject to this section.

(c) A company shall (1) within two business days after the decision has been made, inform any responsible bidder which submitted a bid of its decision in relation to the award of a contract, and shall do so by notice in writing by the most rapid means of communication possible; and (2) post the winning bid on its website with (i) the name of the contractor, (ii) winning amount, (iii) location of project. 

(d) The written notice to each responsible bidder shall include (1) the criteria for the award of the contract; and (2) the score obtained by the responsible bidder.

(e) Where there is only one response to a solicitation, a company need not comply with this section.

(f) A company may withhold any information to be provided in accordance with the section where the disclosure of such information (1) would impede law enforcement, (2) would otherwise be contrary to the public interest, (3) would prejudice the legitimate commercial interests of any responsible bidder; or (4) might interfere with competition between responsible bidders.

(g) The department shall be responsible for enforcing this section, and may promulgate regulations and issue orders it deems in the public interest regarding the procurement practices of companies.