Spring 2025
Government Affairs Bulletin
 
AGC MA is your advocate on Beacon Hill.  Last session we were the voice of the industry on legislation and regulations
Highlights include:

• Tracking over 150 bills
• Building consensus on key issues like Project Labor Agreements, MBTA Communities Act, Responsible Contractor Language, and Wage Theft
• Testifying on 11 bills including the expansion of PLAs, expediting payment of change orders in public construction, facilitating diverse participation in the industry, wage theft, and more
• The Governor appointing AGC MA to the Public Construction Projects Advisory Council where we invited 10 AGC members to speak to their concerns about meeting diversity goals on public projects
• Monitoring regulations and judicial decisions concerning extreme heat standards, Boston Safety Ordinance, prompt pay, responsible contractor policies, and BRJP
• Hosting fundraisers with legislators and policymakers including Governor Healey, Lt. Governor Driscoll, Attorney General Campbell, and lawmakers
• Raising political donations over $50,000 for candidates with $3,500 directly from AGC MA PAC

 
As we look ahead to the 2025–2026 legislative session, AGC MA remains steadfast in our mission to represent the commercial construction industry’s interests. Building on the momentum of last session, we are engaging with members, lawmakers, and agency officials to shape legislation, influence regulatory implementation, and protect fair, competitive construction practices.
 
Anticipated Legislative Engagements
In the upcoming session, AGC MA anticipates filing or supporting legislation in the following key areas:

• Enhancing transparency and fairness in public construction bid laws
• Improving timelines and accountability for public contract change orders
• Strengthening protections against wage theft without overburdening employers
• Ensuring realistic, flexible paths to achieving workforce diversity on state-funded projects
• Clarifying elements of the Prompt Pay statute to reflect real-world project dynamics

We expect to offer testimony on 10–15 bills and will continue to monitor over 150 bills relevant to public construction, labor policy, and contracting fairness including the ones listed below.
 

Bill Number	Sponsor	Bill Title	AGC MA Position
HB54	Gov. Maura Healey	An Act to build resilient infrastructure to generate higher-ed transformation (Higher Ed Bond Bill)	Support
HB2333	Rep. Scardsale	An Act establishing a municipal building assistance program and building authority	Support
HB2664	Rep. Mahoney	An Act establishing a board of hoisting machinery regulations	Oppose
HB3347	Rep. Holmes	An Act realtive to the fair participation of minority and women-owned businesses on public construction projects	Support
HB2094	Rep. Donahue	An Act to prevent wage theft, promote employer accountability, and enhance public enforcement	Support
HB2101	Rep. Finn	An Act to enforce laws protecting worksite safety	Oppose
HB1103	Rep. Cahill	An Act relative to default insurance programs for certain public construction projects	Support - AGC Bill
HD2526	Rep. O'Day	An Act to protect workers from extreme temperatures	Oppose
HB3385	Rep. Markey	An Act further defining fraud in public construction contracts	Oppose
HB3401	Rep. Pease	An Act state funded construction work	Oppose
SB1358/HB2165	Sen. Moore/Rep. Ryan	An Act relative to apprenticeship programs	Oppose
SB2180/HB3333	Sen. Moore/Rep. Ferrante	An Act relative to the definition of fraud in public construction bid laws	Oppose
SB2186	Sen. Moore	An Act relative to timely public payments for work not included in original construction contracts	Oppose
SB1303	Sen. Edwards	An Act providing opportunities for apprentices to complete their training and ensuring for a skilled workforce in MA	Oppose
SB2175	Sen. Miranda	An Act relative to equity in public construction in honor of Bruce C. Bolling	Oppose
SB1355	Sen. Miranda	An Act to establish extreme temperature worker protections	Oppose
SB1300	Sen. DiDomenico	An Act preventing wage theft, promoting employer accountability, and enhancing public enforcement	Support
SB1319	Sen. Feeney	An Act relative to unemployment compensation and labor disputes	Oppose
SB2148/HB3375	Sen. Feeney/Rep. Kushmerek	An Act utilizing apprenticeship programs for career paths in construction	Oppose

 
 
Project Labor Agreements (PLAs)
On November 20, 2024, Governor Healey signed HB 5100, An Act relative to strengthening Massachusetts’ economic leadership. This legislation included an amendment that changes the long-established reasons for municipalities and awarding authorities to consider the use of project labor agreements (PLA). Previously, awarding authorities had to consider the criteria created by the SJC in Callahan v. City of Malden to mandate a PLA,

1. The project is of such size, duration, timing, and complexity that the goals of the competitive bidding statute cannot otherwise be achieved
2. The record demonstrates that the awarding authority undertook a careful, reasoned process to conclude that the adoption of a PLA furthered the statutory goals of competitive bidding with all contractors on equal footing

Under the new legislation, awarding authorities may consider whether using a PLA is in the best interest of the commonwealth, public agency, or municipality for the following reasons:

1. construction efficiency, cost and direct and indirect economic benefits to the public agency or municipality;
2. the availability of a sufficient supply of skilled, qualified workers to complete the project;
3. the timing of, and the prevention of delays or disruptions to, the construction process;
4. the safety and quality of the public construction project;
5. the expansion of apprenticeship programs and workforce development in the construction industry; and
6. the promotion of employment and training opportunities for women, minority workers and veterans.

 
Now, in her Executive Order 641, Governor Healey has elaborated her plan to implement these criteria into the public construction process. EO 641 directs all Executive Agencies to consider PLAs on any project or program over $35 million and encourages all other public bodies including municipalities and public agencies to follow this order.
 
AGC MA Statement on PLAs
AGC MA is committed to ensuring that all contractors—union and open shop alike—have equitable access to public construction opportunities. Massachusetts' public bidding laws are essential to this goal, protecting the public interest by fostering fair competition, promoting transparency, and ensuring that public contracts are awarded based on merit.
Key statutes, such as the filed sub-bid laws and prevailing wage requirements, help maintain a level playing field across the industry. However, PLAs pose a significant risk to this balance by effectively excluding open shop contractors from bidding on public projects.
Historically, PLAs have been used sparingly, typically reserved for complex, multi-phase mega-projects. The new practice of reviewing all projects over $35 million for PLA consideration represents a departure from established precedent and raises concerns about smaller projects being saddled with unnecessary cost and complexity.
AGC MA believes PLAs should be considered only in rare and exceptional cases—where the complexity of the project and labor relations landscape warrants such an agreement—and only after a rigorous, informed review process. Evaluating the appropriateness of a PLA requires deep, practical industry knowledge, which AGC MA is uniquely positioned to provide.
Even in the limited circumstances where a PLA may be justified, the negotiation process itself is highly complex. It demands expertise in collective bargaining agreements and a comprehensive understanding of the construction workforce landscape to ensure outcomes that are equitable and efficient for all stakeholders.
As more public projects consider the use of PLAs, it is essential that AGC MA be engaged prior to any decision to implement such agreements. Determining whether a PLA is appropriate requires a deep understanding of project complexity, labor dynamics, and market conditions. Without early, informed input, awarding authorities risk making decisions that could undermine fair competition and increase costs. AGC MA stands ready to guide public entities through a rigorous review process and, if a PLA is ultimately pursued, to help ensure that any negotiated terms are equitable, transparent, and in the best interest of the Commonwealth.
 
EOHLC Responsible Contractor Implementation Working Group
In response to newly expanded responsible contractor policies, AGC MA is actively participating in a working group convened by the Executive Office of Housing and Livable Communities (EOHLC). This group is tasked with developing practical guidance and implementation strategies to help project owners comply with the new standards while ensuring a fair, functional bidding environment.
AGC MA’s involvement ensures that contractors’ voices are heard—particularly regarding certification burdens, compliance documentation, and the potential exclusion of qualified contractors. We are advocating for:

• Streamlined submission processes
• Clear thresholds for compliance review
• Objective criteria that protect against unnecessary disqualification

Our goal is to ensure responsible contractor policies uplift quality and accountability without creating undue barriers or reducing bidder pools.
 
Regulatory & Legal Engagements
AGC MA will remain active on several regulatory fronts in 2025:

• Extreme Heat Standards: We will continue leading a regional task force to respond to state and federal proposals and identify practical, evidence-based jobsite protections.
• Prompt Pay: With new case law shaping interpretation, we will explore potential statutory clarifications to ensure fair payment practices are preserved.
• Boston Safety Ordinance & BRJP: AGC MA will continue to provide comment and testimony on evolving local enforcement practices and compliance benchmarks.

 
AGC MA PAC Needs Your Help
 
AGC MA will be advocating with candidates for the interests of our members and industry, but we need your help! Please donate to show your support and enhance our voice on Beacon Hill! 
 
We would like to thank all our BEACON CLUB CONTRIBUTORS. These individuals donated the maximum amount of $500 to the AGC MA PAC.
 
Bill Aalerud, Columbia Construction Co.
Jeff Bernaducci, Hinckley Allen
Fran Colantonio, Colantonio Inc.
John & Kara Ferrante, AGC MA
Frank Hayes, Bond Building Construction
Rick Jensen, Erland Construction
Matt Kilty, Trinity Building & Construction Management
Maureen Kirkpatrick, Turner Construction Co.
Rich Lucht, Commodore Builders
Fran Madigan, F.W. Madigan Company
Jeff Navin, Consigli Construction Co.
Jon Rich, W.T. Rich Company, Inc.
Tony Starr, Mintz Levin
 
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