Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H857 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3265 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 857
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	John J. Mahoney
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to reform the Toxic Use Reduction Act.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:John J. Mahoney13th Worcester1/17/2023 1 of 3
16	16	HOUSE DOCKET, NO. 3265 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 857
18	18	By Representative Mahoney of Worcester, a petition (accompanied by bill, House, No. 857) of
19	19	John J. Mahoney for legislation to further regulate toxic use reduction plans. Environment and
20	20	Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 970 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to reform the Toxic Use Reduction Act.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Section 11(A)(1) of chapter 21I of the General Laws, as appearing in the 2020 Official
32	32	2Edition, is hereby amended by striking out the first sentence and inserting in place thereof the
33	33	3following sentence: “On a schedule to be established by the department, but no more frequently
34	34	4than once every six years or when a new toxic substance is first used at a facility, and in either
35	35	5case on an even-numbered year, each large quantity toxics users shall prepare and complete a
36	36	6toxics use reduction plan for each facility for which they are required to file a report in that
37	37	7year.”
38	38	8 Section 11(D) of chapter 21I of the General Laws, as appearing in the 2020 Official
39	39	9Edition, is hereby amended by striking out the words “by July 1, two years after the first plan, 2 of 3
40	40	10and then according to the schedule specified by the department” and inserting in place thereof
41	41	11“by July 1, two years after the first plan, and then every six years”.
42	42	12 Section 11(F) of chapter 21I of the General Laws, as appearing in the 2020 Official
43	43	13Edition, is hereby amended by striking out the first sentence and inserting in place thereof the
44	44	14following sentence: “Large quantity toxics users shall file a plan summary with the department
45	45	15on or before July 1 of the year in which a toxics use reduction plan is due.”
46	46	16 Section 12(C) of chapter 21I of the General Laws, as appearing in the 2020 Official
47	47	17Edition, is hereby amended by striking out the first sentence and inserting in place thereof the
48	48	18following sentence: “Certification shall be for not more than six years and shall be renewable for
49	49	19additional six year periods.”
50	50	20 Section 12(C) of chapter 21I of the General Laws, as appearing in the 2020 Official
51	51	21Edition, is hereby amended by adding after the last sentence the following sentences: “The
52	52	22continuing education requirement for initial recertification and renewal shall not exceed 45 hours
53	53	23per certification period for individuals certified pursuant to subsection 12(A). The continuing
54	54	24education requirement for initial recertification and renewal shall not exceed 36 hours per
55	55	25certification period for individuals certified pursuant to subsection 12(B). The continuing
56	56	26education requirement for subsequent recertification and renewal shall not exceed 36 hours per
57	57	27certification period for individuals certified pursuant to subsection 12(A). The continuing
58	58	28education requirement for subsequent recertification and renewal shall not exceed 30 hours per
59	59	29certification period for individuals certified pursuant to subsection 12(B).”
60	60	30 Section 19 of chapter 21I of the General Laws, as appearing in the 2020 Official Edition,
61	61	31is hereby amended by inserting after new subsection (I) the following subsection: 3 of 3
62	62	32 (J) The requirements to pay any fees under this Section 19 shall not be applicable to any
63	63	33use of a toxic substance that is mandated by law, regulation, drug or other product registration,
64	64	34design specification of a United States governmental authority including, but not limited to, the
65	65	35United States Armed Services, Department of Homeland Security or other similar United States
66	66	36Governmental authority, or any other legally enforceable requirement.
67	67	37 A toxics user shall demonstrate the applicability of the exemption by providing an
68	68	38affidavit identifying, to the extent permitted under applicable national security and
69	69	39confidentiality requirements, the governmental body whose law, regulation, registration or
70	70	40specification requires the use of the toxic substance.