HOUSE DOCKET, NO. 262        FILED ON: 1/11/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3681

 

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

1/11/2023

Adam J. Scanlon

14th Bristol

1/30/2023

Rodney M. Elliott

16th Middlesex

1/31/2023

Mathew J. Muratore

1st Plymouth

1/31/2023

James C. Arena-DeRosa

8th Middlesex

1/31/2023

Steven Ultrino

33rd Middlesex

1/31/2023

Michael D. Brady

Second Plymouth and Norfolk

1/31/2023

Christopher Hendricks

11th Bristol

1/31/2023

Angelo J. Puppolo, Jr.

12th Hampden

1/31/2023

John Barrett, III

1st Berkshire

1/31/2023

Christopher J. Worrell

5th Suffolk

1/31/2023

Carlos González

10th Hampden

1/31/2023

Vanna Howard

17th Middlesex

1/31/2023

Joseph W. McGonagle, Jr.

28th Middlesex

1/31/2023

David Henry Argosky LeBoeuf

17th Worcester

1/31/2023

John J. Cronin

Worcester and Middlesex

1/31/2023

Gerard J. Cassidy

9th Plymouth

1/31/2023

Lindsay N. Sabadosa

1st Hampshire

1/31/2023

David F. DeCoste

5th Plymouth

1/31/2023

Danielle W. Gregoire

4th Middlesex

2/1/2023

Jack Patrick Lewis

7th Middlesex

2/1/2023

Angelo L. D'Emilia

8th Plymouth

2/1/2023

Carmine Lawrence Gentile

13th Middlesex

2/1/2023

Erika Uyterhoeven

27th Middlesex

2/1/2023

Thomas P. Walsh

12th Essex

2/7/2023

Paul McMurtry

11th Norfolk

2/7/2023

Patricia A. Duffy

5th Hampden

2/7/2023

Tackey Chan

2nd Norfolk

2/7/2023

Rady Mom

18th Middlesex

2/7/2023

Kevin G. Honan

17th Suffolk

2/7/2023

Christopher M. Markey

9th Bristol

2/7/2023

Todd M. Smola

1st Hampden

2/7/2023

Rebecca L. Rausch

Norfolk, Worcester and Middlesex

2/7/2023

James K. Hawkins

2nd Bristol

2/14/2023

Kay Khan

11th Middlesex

2/14/2023

Pavel Payano

First Essex

2/14/2023

Walter F. Timilty

Norfolk, Plymouth and Bristol

2/14/2023

Thomas M. Stanley

9th Middlesex

2/14/2023

Margaret R. Scarsdale

1st Middlesex

2/14/2023

Hannah Kane

11th Worcester

2/14/2023

Michelle M. DuBois

10th Plymouth

2/14/2023

Christine P. Barber

34th Middlesex

2/14/2023

Colleen M. Garry

36th Middlesex

2/14/2023

Rob Consalvo

14th Suffolk

2/22/2023

Donald R. Berthiaume, Jr.

5th Worcester

2/22/2023

James B. Eldridge

Middlesex and Worcester

2/22/2023

Kate Lipper-Garabedian

32nd Middlesex

2/27/2023

Christopher Richard Flanagan

1st Barnstable

2/27/2023


HOUSE DOCKET, NO. 262        FILED ON: 1/11/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3681

By Representative Coppinger of Boston, a petition (accompanied by bill, House, No. 3681) of Edward F. Coppinger and others relative to the availability of private utility construction contracts.  Telecommunications, Utilities and Energy.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3280 OF 2021-2022.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

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 76 E.(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 quantities or qualitatively  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, 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 on their website (i)name of the contractor, (ii)location of project,(iii) duration of work.

(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; and (3) winning amount.

(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 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.