AN ACT TO ENSURE TRANSPARENCY OF WORKFORCE PARTICIPATION IN PUBLIC 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. Section 14C of chapter 7 of the General Laws, as most recently amended by section 55 of chapter 165 of the acts of 2012, is hereby further amended by striking out, in lines 46 and 47, the words “and (6) any other relevant information specified by the secretary” and inserting in place thereof the following words:-
(6) the reports required by subsection (j) of section 6 of chapter 7C; and
(7) any other relevant information specified by the secretary.
SECTION 2. Clause (v) of subsection (a) of section 49 of chapter 7C of the General Laws, inserted by section 82 of chapter 165 of the acts of 2012, is hereby amended by inserting after the word “project” the following words:- , including evidence of the applicant’s ability to advance the commonwealth’s goals under section 6.
SECTION 3. Clause (5) of subsection (a) of section 6 of said chapter 7C, as so inserted, is hereby amended by striking out the words “construction and design services” and inserting in place thereof the following words:- construction, design, goods and services; and (6) in order to advance that policy, the commonwealth shall include language in all state construction contracts and state assisted construction contracts setting forth the participation goals of minority and women workers to be employed on each such contract and the processes and procedures to ensure compliance with those workforce participation goals, including reporting and enforcement provisions.
SECTION 4. Subsection (b) of said section 6 of said chapter 7C, as so inserted, is hereby amended by striking out the definition of “State office of minority and women business assistance” and inserting in place thereof the following definition:-
“Supplier diversity office” or “SDO”, the supplier diversity office established in section 58A.
SECTION 5. Said section 6 of said chapter 7C, as so inserted, is hereby further amended by striking out the words “state office of minority and women business assistance” and inserting in place thereof, in each instance, the following words:- supplier diversity office.
SECTION 6. Subsection (c) of said section 6 of said chapter 7C, as so inserted, is hereby amended by striking out the word “SOMWBA” and inserting in place thereof the following word:- SDO.
SECTION 7. Said section 6 of said chapter 7C, as so inserted, is hereby further amended by striking out subsection (j) and inserting in place thereof the following 2 subsections:-
(j) The secretary of administration and finance shall file an annual report with the house and senate clerks, who shall forward the report to the joint committee on state administration and regulatory oversight and the house and senate committees on ways and means. The report shall include the following information related to public construction and design services contracts administered by the executive offices listed in section 2 of chapter 6A, any department, office or division of said executive offices or the Massachusetts Department of Transportation: (1) the date each contract was entered into; (2) a brief description of each contract including the contract reference number, total contract dollar amount to be spent on the contract, the location of the project and whether the project receives federal aid and state funding; (3) the total amount of money expended, to date, on each contract; (4) the total amount of money expended, to date, with minority business enterprises and women business enterprises on the contract; (5) the name of each minority business enterprise and women business enterprise that performs work as a contractor, whether as a general or prime contractor or as a subcontractor, on the contract; (6) the total number of labor hours worked to date, on each contract organized by the zip code of each worker; (7) the total number of labor hours worked to date by women, expressed both in the form of a whole number and as a percentage; (8) the total number of labor hours worked to date by minorities, expressed both in the form of a whole number and as a percentage; and (9) any additional information required by the SDO. The report shall be filed quarterly each year and shall be made publicly available on the searchable website established under section 14C of chapter 7.
(k) The commissioner shall promulgate regulations necessary to implement this section.
SECTION 8. Subsection 2 of section 44A of chapter 149 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting after clause (F) the following clause:-
(G) Every contract by a state agency or state assisted contract for design, construction, reconstruction, installation, demolition, maintenance or repair shall set forth the participation goals of minority and women workers to be employed on each such contract and the processes and procedures to ensure compliance with those workforce participation goals, including reporting and enforcement provisions.
SECTION 9. Subsection (3) of section 44D of said chapter 149, as so appearing, is hereby amended by inserting after the word “guidelines”, in line 67, the following words:- , including evidence of the applicant’s ability to advance the commonwealth’s goals under section 44A¾ and section 6 of chapter 7C.
SECTION 10. Said subsection (3) of said section 44D of said chapter 149, as so appearing, is hereby further amended by inserting after the word “commitments”, in line 75, the following words:- ; information on and evidence of the applicant’s compliance record with respect to minority-owned business and women-owned business inclusion goals and workforce inclusion goals, if applicable.
Approved, January 10, 2013.