Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1041 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. 2981 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1041
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Lindsay N. Sabadosa
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 protect pollinators and public health.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/16/2025Erika Uyterhoeven27th Middlesex2/19/2025Samantha Montaño15th Suffolk2/20/2025 1 of 3
16	16	HOUSE DOCKET, NO. 2981 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1041
18	18	By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1041)
19	19	of Lindsay N. Sabadosa, Erika Uyterhoeven and Samantha Montaño relative to the use and
20	20	protection of pollinators by further regulating the spraying, release, deposit or application of a
21	21	neonicotinoid on certain agricultural land. Environment and Natural Resources.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act to protect pollinators and public health.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 2 of chapter 132B of the General Laws is hereby amended by
31	31	2inserting after the definition of “Nematode” the following definition:-
32	32	3 “Neonicotinoid,” a pesticide belonging to the neonicotinoid class of chemicals which act
33	33	4selectively on nicotine acetylcholine receptors, including but not limited to, imidacloprid,
34	34	5acetamiprid, clothianidin, dinotefuran, nithiazine, nitenpyram, thiacloprid, and thiamethoxam,
35	35	6and any other pesticide identified as a neonicotinoid by the United States Environmental
36	36	7Protection Agency or the department.
37	37	8 SECTION 2. Said chapter 132B, as so appearing, is hereby amended by inserting after
38	38	9section 16 the following section:- 2 of 3
39	39	10 Section 17. (a) Beginning on January 1, 2029, no person shall distribute, sell, or offer for
40	40	11sale any agricultural seed for corn, wheat, or soybean if such seed is treated with a neonicotinoid
41	41	12unless a waiver is issued by the department to the user of such seed pursuant to this section.
42	42	13 (b) Beginning on January 1, 2029, no person without a waiver issued by the department
43	43	14pursuant to this section shall use any agricultural seed for corn, wheat, or soybean if such seed is
44	44	15treated with a neonicotinoid.
45	45	16 (c) The department may issue a waiver to allow the use of agricultural seeds treated with
46	46	17a neonicotinoid for the production of agricultural crops only upon application by a person who
47	47	18has completed an integrated pest management training, conducted a pest risk assessment, and
48	48	19submitted to the department a pest risk assessment report. The department may issue a waiver if,
49	49	20after review of the pest risk assessment report, the department determines the following: (i) that
50	50	21the occurrence of a pest presents a significant risk of imminent harm, injury, or loss to
51	51	22agricultural crops; (ii) that the use of agricultural seeds treated with a neonicotinoid will be
52	52	23effective in addressing the pest risk; (iii) that the use of agricultural seeds treated with a
53	53	24neonicotinoid will not cause unreasonable adverse effects on the environment, including on non-
54	54	25target organisms, surface water quality, and groundwater quality; and (iv) that no other less
55	55	26harmful seed treatment, pesticide, or pest management practice will be effective in addressing
56	56	27the pest risk.
57	57	28 (d) A waiver issued pursuant to this section shall: (i) provide the basis for the
58	58	29determinations made by the department pursuant to subsection (c) of this section; (ii) specify the
59	59	30waiver’s geographic scope, which may include only properties identified in the pest risk
60	60	31assessment report; and (iii) specify the waiver’s start date and duration, not to exceed one year. 3 of 3
61	61	32 (e) A person issued a waiver pursuant to this section for the use of agricultural seeds
62	62	33treated with a neonicotinoid shall maintain copies of related pest risk assessment reports and
63	63	34records of the use of agricultural seeds treated with a neonicotinoid, include the date and location
64	64	35of use. Such copies and records shall be subject to review upon request by the department.
65	65	36 (f) The department, in consultation with the board, may establish regulations for issuing
66	66	37waivers pursuant to this section. Such regulations may prescribe application fees.
67	67	38 (g) Waivers issued pursuant to this section shall be public records. The department shall
68	68	39make such waivers publicly available online.