1 | 1 | | 1 of 1 |
---|
2 | 2 | | HOUSE DOCKET, NO. 1716 FILED ON: 1/15/2025 |
---|
3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 998 |
---|
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 Toxics Use Reduction Act. |
---|
13 | 13 | | _______________ |
---|
14 | 14 | | PETITION OF: |
---|
15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:John J. Mahoney13th Worcester1/15/2025 1 of 3 |
---|
16 | 16 | | HOUSE DOCKET, NO. 1716 FILED ON: 1/15/2025 |
---|
17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 998 |
---|
18 | 18 | | By Representative Mahoney of Worcester, a petition (accompanied by bill, House, No. 998) 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. 857 OF 2023-2024.] |
---|
23 | 23 | | The Commonwealth of Massachusetts |
---|
24 | 24 | | _______________ |
---|
25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
---|
26 | 26 | | (2025-2026) |
---|
27 | 27 | | _______________ |
---|
28 | 28 | | An Act to reform the Toxics 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 1. Section 11(A)(1) of chapter 21I of the General Laws, as appearing in the |
---|
32 | 32 | | 22022 Official Edition, is hereby amended by striking out the first sentence and inserting in place |
---|
33 | 33 | | 3thereof the following sentence:- “On a schedule to be established by the department, but no more |
---|
34 | 34 | | 4frequently than once every six years or when a new toxic substance is first used at a facility, and |
---|
35 | 35 | | 5in either case on an even-numbered year, each large quantity toxics users shall prepare and |
---|
36 | 36 | | 6complete a toxics use reduction plan for each facility for which they are required to file a report |
---|
37 | 37 | | 7in that year.” |
---|
38 | 38 | | 8 SECTION 2. Section 11(D) of said chapter 21I of the General Laws, as so appearing, is |
---|
39 | 39 | | 9hereby further amended by striking out the words, “by July 1, two years after the first plan, and 2 of 3 |
---|
40 | 40 | | 10then according to the schedule specified by the department” and inserting in place thereof the |
---|
41 | 41 | | 11following words:- “by July 1, two years after the first plan, and then every six years”. |
---|
42 | 42 | | 12 SECTION 3. Section 11(F) of said chapter 21I of the General Laws, as so appearing, is |
---|
43 | 43 | | 13hereby further 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 4. Section 12(C) of said chapter 21I of the General Laws, as so appearing, is |
---|
47 | 47 | | 17hereby amended by striking out the first sentence and inserting in place thereof the following |
---|
48 | 48 | | 18sentence:- “Certification shall be for not more than six years and shall be renewable for |
---|
49 | 49 | | 19additional six-year periods.” |
---|
50 | 50 | | 20 SECTION 5. Said section 12(C) of said chapter 21I, as so appearing, is hereby further |
---|
51 | 51 | | 21amended by adding after the last sentence the following sentences:- |
---|
52 | 52 | | 22 “The continuing education requirement for initial recertification and renewal shall not |
---|
53 | 53 | | 23exceed 45 hours per certification period for individuals certified pursuant to subsection 12(A). |
---|
54 | 54 | | 24The continuing education requirement for initial recertification and renewal shall not exceed 36 |
---|
55 | 55 | | 25hours per certification period for individuals certified pursuant to subsection 12(B). The |
---|
56 | 56 | | 26continuing education requirement for subsequent recertification and renewal shall not exceed 36 |
---|
57 | 57 | | 27hours per certification period for individuals certified pursuant to subsection 12(A). The |
---|
58 | 58 | | 28continuing education requirement for subsequent recertification and renewal shall not exceed 30 |
---|
59 | 59 | | 29hours per certification period for individuals certified pursuant to subsection 12(B).” |
---|
60 | 60 | | 30 SECTION 6. Section 19 of said chapter 21I of the General Laws, as so appearing, is |
---|
61 | 61 | | 31hereby amended by inserting after subsection (H) the following subsection:- 3 of 3 |
---|
62 | 62 | | 32 (I) 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. |
---|