Governor Deval Patrick's Budget Recommendation - House 1 Fiscal Year 2012

Governor's Budget Recommendation FY 2012

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Outside Section 11

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Disadvantaged Business Program Trust Account

SECTION 11.   (A) Section 58 of chapter 7 of the General Laws, inserted by section 2 of chapter 56 of the acts of 2010, is hereby amended by inserting after the definition of "Certified business enterprise" and "certified business" the following definition:-
"Disadvantaged Business Enterprise" or "DBE" , a disadvantaged business enterprise as defined in the regulations of the federal Department of Transportation.

(B) Said section 58 of said chapter 7, as so inserted, is hereby further amended by inserting after the definition of "State purchasing agent" the following definition:-
"Unified Certification Program" or "UCP", the program, created as required by regulations of the federal Department of Transportation, which requires recipients of that Department 's financial assistance that are operating DBE programs to participate in a UCP. The UCP is designated by the commonwealth under those regulations to provide one-stop shopping for all applicants for DBE certification, so that an applicant is required to apply only once for a DBE certification that will be honored by all recipients in the commonwealth.

(C) Said chapter 7 is hereby further amended by inserting after section 59 the following section:-
Section 60. (a) There shall be established and set up a separate account to be known as the Unified Certification Program Trust , in this section called the trust. The state purchasing agent shall expend funds in the trust, without further appropriation, exclusively for the operation of the UCP.
(b) Funds received from the federal government by the following state and regional authorities and municipal and regional airports, in this section collectively called the participants, and any others that take part in the UCP, for the purpose of operating the UCP, shall be deposited in the trust: the Massachusetts Department of Transportation, the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, the Berkshire Regional Transit Authority , the Brockton Area Transit Authority, the Cape Cod Regional Transit Authority , the Greater Attleboro-Taunton Regional Transit Authority the Lowell Regional Transit Authority, the Merrimack Valley Regional Transit Authority, the Montachusett Regional Transit Authority , the Pioneer Valley Regional Transit Authority, the Southeastern Regional Transit Authority, the Worcester Regional Transit Authority, Barnstable Municipal Airport, Martha's Vineyard Airport, Nantucket Memorial Airport, and New Bedford Regional Airport. The methodology used in determining the allocation of payments due from each participant shall be determined pursuant to a formula, subject to modification from time to time, that is established by and between the Massachusetts Department of Transportation, the participants and the federal Department of Transportation, consistent with applicable federal laws and regulations.

This section a establishes a trust account to receive from state transportation entities deposits of a portion of federal grants, to allow the Supplier Diversity Office to operate its Uniform Certification Program for disadvantaged business enterprises.

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