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H 3347

Public housing

2025-2026 Regular Session Introduced by Wendell Gilliard and 1 co-sponsor

Allows filed sub-bidders and CM-at-Risk trade contractors on certain large public projects to subcontract portions of work to meet MBE/WBE goals, with 10% per class limits and a +1

Referred to Committee on Labor, Commerce and Industry
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Bill Summary · H 3347

Summary — H.3347 (House No. 3347) — “Public housing” / Fair participation of MBE/WBE on public construction projects

Overview / Purpose

H.3347 (filed Jan. 15, 2025; sponsored by Rep. Russell E. Holmes) would amend Massachusetts public‑construction law to facilitate meeting minority‑owned business enterprise (MBE) and women‑owned business enterprise (WBE) participation goals on certain state and state‑assisted construction projects. The bill allows filed sub‑bidders and CM‑at‑Risk trade contractors on specified “applicable projects” to subcontract portions of work they otherwise would be required to self‑perform in order to satisfy MBE/WBE participation goals, subject to caps and waiver procedures.

Note: The packet of text provided also contains a separate, unrelated draft South Carolina provision (requiring licensed/certified maintenance personnel for public housing authorities). That SC text is not part of the Massachusetts H.3347 proposal described below.

Key provisions and changes

  • Amends Chapter 7C, §6 by adding subsection (h½) to limit application of §6 to certain filed sub‑bids (chapter 149 §44F) and trade contractor bids (chapter 149A §8(a)), and to define “applicable projects”:
    • Projects procured by DCAMM (Division of Capital Asset Management and Maintenance), Massachusetts State College Building Authority, University of Massachusetts Building Authority, and Massachusetts Port Authority under chapters 149/149A; and
    • Any state‑assisted building project with overall estimated cost of $5,000,000 or more.
  • On applicable projects, awarding authorities may set MBE/WBE participation goals for filed sub‑bid classes (149 §44F) and trade contractor classes (149A §8(a)).
    • A participation goal for any class of work may not exceed 10% of the value of the filed sub‑bid or trade contractor work.
    • Filed sub‑bidders and trade contractors may meet these goals by subcontracting out portions of work they are otherwise required by law to perform on their own payroll, and/or portions customarily performed by sub‑trade subcontractors.
    • The total value of the self‑performed work that is subcontracted out to meet goals shall not exceed the goal by more than an additional 10% of the value of the filed sub‑bidder’s or trade contractor’s work.
  • Commissioner (presumably of the relevant awarding authority) must establish a good‑faith pre‑bid and post‑bid/pre‑award waiver process for requests to reduce or waive participation goals.
  • Conforming amendments to:
    • Chapter 149 §44F(1)(a): adds explicit authorization for sub‑bidders to subcontract portions of work to meet MBE/WBE goals on the named projects.
    • Chapter 149A §8(g)(6): similar sentence added for trade contractors.

Who is affected

  • State awarding authorities listed (DCAMM, MSBA, UMass Building Authority, MassPort) and any public projects they procure, plus any state‑assisted building projects ≥ $5,000,000.
  • Filed sub‑bidders and CM‑at‑Risk trade contractors (classes listed in 149 §44F and 149A §8).
  • MBE/WBE firms: could see increased subcontracting opportunities but the change also allows primes to subcontract portions they might otherwise self‑perform.
  • General contractors, project owners, and compliance/monitoring officials (new waiver procedure and goal administration).

Limits, safeguards, and procedure

  • Per‑class MBE/WBE goals capped at 10% of the value of that class; additional allowed subcontracting of up to +10% of the prime’s work to meet those goals.
  • Good‑faith waiver process required (pre‑bid and post‑bid/pre‑award) for reductions or waivers.
  • Conforming statutory language added to ensure consistency across chapters governing filed sub‑bids and trade contractor procurement.

Legislative status and timeline

  • Prefiled: 12/05/2024; Introduced/read first time: 01/14/2025.
  • Referred to Committee on Labor, Commerce and Industry (and State Administration & Regulatory Oversight in some entries).
  • Senate concurred: 02/27/2025.
  • Hearings scheduled and rescheduled through 10/08/2025 (multiple hearing notices recorded).

Potential impacts and considerations

  • Intended to increase measurable MBE/WBE participation on large state and state‑assisted projects by allowing more flexible subcontracting.
  • Could raise questions about the balance between encouraging prime self‑performance (for quality, apprenticeship/training, prevailing‑wage enforcement) and expanding subcontracting to meet diversity goals.
  • Monitoring, enforcement, and clarity around the waiver process will influence effectiveness and risk of goal‑circumventing behavior.
  • The statutory caps (10% goal; +10% additional subcontracting allowance) set concrete numerical limits; their adequacy will be debated by stakeholders.

If you want, I can produce a one‑page bill comparison showing exactly how the amended statutory sections would read (strike/underline format) or draft talking points for proponents and opponents.

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

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