SENATE DOCKET, NO. 1524        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2153

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Michael O. Moore

_________________

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:

 

Michael O. Moore

Second Worcester

 

Rodney M. Elliott

16th Middlesex

1/30/2023

Mathew J. Muratore

1st Plymouth

1/30/2023

Adam Scanlon

14th Bristol

1/30/2023

Michael D. Brady

Second Plymouth and Norfolk

1/30/2023

Christopher Hendricks

11th Bristol

1/30/2023

Angelo J. Puppolo, Jr.

12th Hampden

1/30/2023

Carlos González

10th Hampden

1/30/2023

Vanna Howard

17th Middlesex

1/31/2023

John J. Cronin

Worcester and Middlesex

1/31/2023

David F. DeCoste

5th Plymouth

2/1/2023

Carmine Lawrence Gentile

13th Middlesex

2/1/2023

Christopher M. Markey

9th Bristol

2/8/2023

Rebecca L. Rausch

Norfolk, Worcester and Middlesex

2/8/2023

James K. Hawkins

2nd Bristol

2/8/2023

Walter F. Timilty

Norfolk, Plymouth and Bristol

2/15/2023

Thomas M. Stanley

9th Middlesex

2/15/2023

Michelle M. DuBois

10th Plymouth

2/15/2023

James B. Eldridge

Middlesex and Worcester

2/22/2023

Brian W. Murray

10th Worcester

2/22/2023

Colleen M. Garry

36th Middlesex

2/27/2023

Marcus S. Vaughn

9th Norfolk

3/2/2023

Paul R. Feeney

Bristol and Norfolk

3/8/2023

Bruce J. Ayers

1st Norfolk

3/9/2023

Rita A. Mendes

11th Plymouth

4/12/2023

David T. Vieira

3rd Barnstable

5/1/2023

Priscila S. Sousa

6th Middlesex

8/17/2023


SENATE DOCKET, NO. 1524        FILED ON: 1/19/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2153

By Mr. Moore, a petition (accompanied by bill, Senate, No. 2153) of Michael O. Moore, Rodney M. Elliott, Mathew J. Muratore, Adam Scanlon and other members of the General Court for legislation relative to transparency in private utility construction contracts.  Telecommunications, Utilities and Energy.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2205 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 2020 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.