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S 2199

Provides an exemption for tangible personal property and services sold by a cemetery

2025 Regular Session Introduced by Leroy Comrie and 1 co-sponsor

Extends contractor experience look-back from five to ten years and requires annual inflation adjustments to recertification thresholds using the Producer Price Index.

REPORTED AND COMMITTED TO FINANCE
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Bill Summary · S 2199

Summary — S.2199 (Commonwealth of Massachusetts)

Title: An Act relative to public construction certification
Docket filed: 1/17/2025 (Senate Docket No. 1974)
Primary sponsor / petitioner: Senator Jacob R. Oliveira (Hampden, Hampshire & Worcester)
Status (as provided): Reported and committed to Finance (05/28/2025). Hearings scheduled/rescheduled in fall 2025.

Note on source material: the materials supplied to summarize S.2199 include several inconsistent items (a federal provision about Department of Defense combat boots, a separate one-line title about cemetery exemptions, and varied committee actions). This summary focuses on the bill text filed in the Massachusetts Senate (Docket No. 1974 / S.2199) titled “An Act relative to public construction certification.”

Purpose / intent

The bill updates certification-related language in Chapter 149, Section 44D of the Massachusetts General Laws that governs qualification/certification of contractors for public construction work. It aims to (1) broaden the historical period considered for contractors’ past work and (2) require the administering division to apply an annual inflationary adjustment for recertification based on the U.S. Producer Price Index (PPI).

Key provisions

  • Amend Section 44D(2), Chapter 149:
    • Replace the phrase “over the past five years” with “over the past ten years.” (Extends the experience look‑back period from five to ten years.)
  • Amend Section 44D(3), Chapter 149:
    • After the phrase describing documentation “showing the classes of work and aggregate amount of work on which the applicant is eligible to bid,” add a requirement that “the division shall establish an annual inflationary increase, based upon the Producer Price Index as published by the U.S. Bureau of Labor Statistics, for applicants seeking recertification.”
    • (This provision directs the division that administers certification to adjust recertification thresholds/amounts annually for inflation using the PPI.)

Who is affected

  • Contractors and firms seeking certification or recertification to bid on public construction projects in Massachusetts.
  • The state division responsible for administering Section 44D (the statutory “division” that issues/recertifies certifications).
  • Public procurement officials and agencies that rely on certification status to determine bidder eligibility.

Expected impact and implications

  • Extending the look‑back to ten years may allow firms with longer or older relevant work histories to qualify who might not under a five‑year window; it could also change how evaluators assess sustained experience.
  • Annual PPI-based inflation adjustments for recertification (likely to monetary thresholds or aggregated-work tests) will help maintain the real value of numeric thresholds over time, reducing the need for frequent legislative updates and better reflecting market inflation.
  • Administrative rules and guidance will be required to implement the PPI adjustment (timing, calculation method, effective date each year).

Procedural / timeline notes

  • Filed in the Massachusetts Senate (Docket No. 1974) on 1/17/2025 by Sen. Oliveira.
  • Reported and committed to the Finance Committee on 05/28/2025.
  • Multiple hearings were scheduled/rescheduled for fall 2025 according to the supplied calendar.

If you want, I can:
- Identify the exact “division” named elsewhere in statute (to clarify which agency must administer the PPI adjustment), or
- Draft a short memo comparing current Section 44D language with the proposed changes line‑by‑line.

Compiled from official sources — confirm details with the bill’s official record.

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