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HOUSE DOCKET, NO. 3265 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 857
The Commonwealth of Massachusetts
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PRESENTED BY:
John J. Mahoney
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to reform the Toxic Use Reduction Act.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:John J. Mahoney13th Worcester1/17/2023 1 of 3
HOUSE DOCKET, NO. 3265 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 857
By Representative Mahoney of Worcester, a petition (accompanied by bill, House, No. 857) of
John J. Mahoney for legislation to further regulate toxic use reduction plans. Environment and
Natural Resources.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 970 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to reform the Toxic Use Reduction Act.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 11(A)(1) of chapter 21I of the General Laws, as appearing in the 2020 Official
2Edition, is hereby amended by striking out the first sentence and inserting in place thereof the
3following sentence: “On a schedule to be established by the department, but no more frequently
4than once every six years or when a new toxic substance is first used at a facility, and in either
5case on an even-numbered year, each large quantity toxics users shall prepare and complete a
6toxics use reduction plan for each facility for which they are required to file a report in that
7year.”
8 Section 11(D) of chapter 21I of the General Laws, as appearing in the 2020 Official
9Edition, is hereby amended by striking out the words “by July 1, two years after the first plan, 2 of 3
10and then according to the schedule specified by the department” and inserting in place thereof
11“by July 1, two years after the first plan, and then every six years”.
12 Section 11(F) of chapter 21I of the General Laws, as appearing in the 2020 Official
13Edition, is hereby amended by striking out the first sentence and inserting in place thereof the
14following sentence: “Large quantity toxics users shall file a plan summary with the department
15on or before July 1 of the year in which a toxics use reduction plan is due.”
16 Section 12(C) of chapter 21I of the General Laws, as appearing in the 2020 Official
17Edition, is hereby amended by striking out the first sentence and inserting in place thereof the
18following sentence: “Certification shall be for not more than six years and shall be renewable for
19additional six year periods.”
20 Section 12(C) of chapter 21I of the General Laws, as appearing in the 2020 Official
21Edition, is hereby amended by adding after the last sentence the following sentences: “The
22continuing education requirement for initial recertification and renewal shall not exceed 45 hours
23per certification period for individuals certified pursuant to subsection 12(A). The continuing
24education requirement for initial recertification and renewal shall not exceed 36 hours per
25certification period for individuals certified pursuant to subsection 12(B). The continuing
26education requirement for subsequent recertification and renewal shall not exceed 36 hours per
27certification period for individuals certified pursuant to subsection 12(A). The continuing
28education requirement for subsequent recertification and renewal shall not exceed 30 hours per
29certification period for individuals certified pursuant to subsection 12(B).”
30 Section 19 of chapter 21I of the General Laws, as appearing in the 2020 Official Edition,
31is hereby amended by inserting after new subsection (I) the following subsection: 3 of 3
32 (J) The requirements to pay any fees under this Section 19 shall not be applicable to any
33use of a toxic substance that is mandated by law, regulation, drug or other product registration,
34design specification of a United States governmental authority including, but not limited to, the
35United States Armed Services, Department of Homeland Security or other similar United States
36Governmental authority, or any other legally enforceable requirement.
37 A toxics user shall demonstrate the applicability of the exemption by providing an
38affidavit identifying, to the extent permitted under applicable national security and
39confidentiality requirements, the governmental body whose law, regulation, registration or
40specification requires the use of the toxic substance.