Mass. Gen. Laws ch. 23A, sec. 71 — MA Code / Part I / Title II / Chapter 23A / Section 71
Small business ombudsperson; authority; responsibilities; reports
Status: in_force

[ Text of section added by 2025, 9, Sec. 11 effective July 1, 2025. See 2025, 9, Sec. 138.] Section 71. (a) There shall be a small business ombudsperson, focused on boosting economic growth in the commonwealth, within the executive office of economic development. The small business ombudsperson shall serve as a resource for small businesses within the commonwealth and provide support and advocacy for small businesses experiencing hardship while navigating complex federal policies that may hinder growth. The small business ombudsperson shall be vested with the authority and responsibility to: (i) provide timely information, guidance and assistance to small businesses, including, but not limited to, information related to regulatory frameworks, statutory obligations, any tariff policies or other changes with the potential to impact competitiveness of small businesses in the commonwealth; (ii) facilitate access to relevant programs, services and initiatives to bolster the economic growth and sustainability of small businesses; and (iii) support small businesses navigating the application and procurement processes. (b) The ombudsperson shall engage in robust coordination and collaboration with MOBD established in section 1, the operational services division established in section 4L of chapter 7, the executive office of economic development's Business Front Door program, the office of consumer affairs and business regulation established in section 1 of chapter 24A, the supplier diversity office established in section 58A of chapter 7 and any other relevant state agencies or other entities to enhance support for small businesses and for the purpose of elevating the array of services and initiatives designed to foster the growth, resilience and success of small businesses in the commonwealth. (c)(1) The responsibilities of the ombudsperson shall include, but shall not be limited to: (i) offering informed support and resources to navigate state and local licensing, permitting and regulatory compliance requirements; (ii) navigating the public procurement process; (iii) facilitating access to financial assistance programs, including, but not limited to, grants, loans and tax incentives available to small businesses; (iv) providing timely and accurate advice regarding developments in state and federal policy changes that impact small business operations, including, but not limited to, changes to federal tariff policies; (v) facilitating connections between small business owners and technical assistance providers, mentorship programs and business development resources to nurture informed innovation; (vi) supporting efforts to identify and promote workforce development opportunities, training programs and hiring incentives to foster growth within the commonwealth; and (vii) ensuring that small business owners are equipped with the knowledge and tools necessary to understand and comply with labor, health and safety regulations applicable to developing lawful and sustainable small businesses. (2) The ombudeperson shall develop, disseminate and make available or direct small business owners seeking assistance to an array of educational presentations, written materials and other resources pertinent to small businesses and diverse suppliers. The presentations and materials shall include, but shall not be limited to, clear explanations of: (i) commonly used business terms and acronyms; (ii) documentation and application requirements necessary to establish and register a business in the commonwealth; (iii) applicable fees and payment obligations related to business formation and licensing; (iv) detailed step-by-step instructional guidance on how to complete required administrative and procurement processes, including, but not limited to, responding to a request for proposal, bidding on state contracts and registering with the commonwealth's procurement systems; (v) guidance on compliance with state and federal regulatory requirements; (vi) instructions on accessing financial assistance programs, including grants, loans and tax incentives available to small businesses; (vii) comprehensive information on workforce development programs, employee training resources and other opportunities designed to foster economic mobility; (viii) guidance on navigating the certification processes for small and diverse businesses; (ix) best practices for business planning, financial recordkeeping and preparing for audits or regulatory reviews; and (x) any other information the ombudsperson determines is necessary and proper to assist in navigating changes to federal tariff policies and equip small businesses with the tools to adapt to evolving federal policies. (d) Annually, not later than January 1, the ombudsperson shall file a report on activities related to small businesses with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on financial services. For the purposes of the report, the words "small business'' shall be as defined pursuant to: (i) applicable federal law; (ii) the supplier diversity office's small business purchasing program; (iii) the supplier diversity office small business certification; or (iv) any other definition in the General Laws as determined by the ombudsperson. The report shall include, but shall not be limited to: (i) the number of requests received by the ombudsperson from small business owners; (ii) the types of requests received by the ombudsperson from small business owners; (iii) the types of actions made for requests received; (iv) the number and type of requests related to changes to federal tariff policies; and (v) recommendations to improve the effectiveness of the position of small business ombudsperson.

[ Text of section added by 2025, 9, Sec. 11 effective July 1, 2025. See 2025, 9, Sec. 138.]

Section 71. (a) There shall be a small business ombudsperson, focused on boosting economic growth in the commonwealth, within the executive office of economic development. The small business ombudsperson shall serve as a resource for small businesses within the commonwealth and provide support and advocacy for small businesses experiencing hardship while navigating complex federal policies that may hinder growth. The small business ombudsperson shall be vested with the authority and responsibility to: (i) provide timely information, guidance and assistance to small businesses, including, but not limited to, information related to regulatory frameworks, statutory obligations, any tariff policies or other changes with the potential to impact competitiveness of small businesses in the commonwealth; (ii) facilitate access to relevant programs, services and initiatives to bolster the economic growth and sustainability of small businesses; and (iii) support small businesses navigating the application and procurement processes.

(b) The ombudsperson shall engage in robust coordination and collaboration with MOBD established in section 1, the operational services division established in section 4L of chapter 7, the executive office of economic development's Business Front Door program, the office of consumer affairs and business regulation established in section 1 of chapter 24A, the supplier diversity office established in section 58A of chapter 7 and any other relevant state agencies or other entities to enhance support for small businesses and for the purpose of elevating the array of services and initiatives designed to foster the growth, resilience and success of small businesses in the commonwealth.

(c)(1) The responsibilities of the ombudsperson shall include, but shall not be limited to: (i) offering informed support and resources to navigate state and local licensing, permitting and regulatory compliance requirements; (ii) navigating the public procurement process; (iii) facilitating access to financial assistance programs, including, but not limited to, grants, loans and tax incentives available to small businesses; (iv) providing timely and accurate advice regarding developments in state and federal policy changes that impact small business operations, including, but not limited to, changes to federal tariff policies; (v) facilitating connections between small business owners and technical assistance providers, mentorship programs and business development resources to nurture informed innovation; (vi) supporting efforts to identify and promote workforce development opportunities, training programs and hiring incentives to foster growth within the commonwealth; and (vii) ensuring that small business owners are equipped with the knowledge and tools necessary to understand and comply with labor, health and safety regulations applicable to developing lawful and sustainable small businesses.

(2) The ombudeperson shall develop, disseminate and make available or direct small business owners seeking assistance to an array of educational presentations, written materials and other resources pertinent to small businesses and diverse suppliers. The presentations and materials shall include, but shall not be limited to, clear explanations of: (i) commonly used business terms and acronyms; (ii) documentation and application requirements necessary to establish and register a business in the commonwealth; (iii) applicable fees and payment obligations related to business formation and licensing; (iv) detailed step-by-step instructional guidance on how to complete required administrative and procurement processes, including, but not limited to, responding to a request for proposal, bidding on state contracts and registering with the commonwealth's procurement systems; (v) guidance on compliance with state and federal regulatory requirements; (vi) instructions on accessing financial assistance programs, including grants, loans and tax incentives available to small businesses; (vii) comprehensive information on workforce development programs, employee training resources and other opportunities designed to foster economic mobility; (viii) guidance on navigating the certification processes for small and diverse businesses; (ix) best practices for business planning, financial recordkeeping and preparing for audits or regulatory reviews; and (x) any other information the ombudsperson determines is necessary and proper to assist in navigating changes to federal tariff policies and equip small businesses with the tools to adapt to evolving federal policies.

(d) Annually, not later than January 1, the ombudsperson shall file a report on activities related to small businesses with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on economic development and emerging technologies and the joint committee on financial services. For the purposes of the report, the words "small business'' shall be as defined pursuant to: (i) applicable federal law; (ii) the supplier diversity office's small business purchasing program; (iii) the supplier diversity office small business certification; or (iv) any other definition in the General Laws as determined by the ombudsperson. The report shall include, but shall not be limited to: (i) the number of requests received by the ombudsperson from small business owners; (ii) the types of requests received by the ombudsperson from small business owners; (iii) the types of actions made for requests received; (iv) the number and type of requests related to changes to federal tariff policies; and (v) recommendations to improve the effectiveness of the position of small business ombudsperson.