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| 2 | 2 | | SENATE DOCKET, NO. 1672 FILED ON: 1/16/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 587 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | James B. Eldridge |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to protect pollinators and public health. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and Worcester 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 1672 FILED ON: 1/16/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 587 |
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| 18 | 18 | | By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 587) of James B. Eldridge for |
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| 19 | 19 | | legislation to protect pollinators and public health by prohibiting the use of neonicotinoid |
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| 20 | 20 | | pesticides. Environment and Natural Resources. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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| 24 | 24 | | (2025-2026) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act to protect pollinators and public health. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. Section 2 of chapter 132B of the General Laws, as appearing in the 2022 |
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| 30 | 30 | | 2Official Edition, is hereby amended by inserting after the definition of “Nematode” the following |
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| 31 | 31 | | 3definition:- |
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| 32 | 32 | | 4 “Neonicotinoid,” a pesticide belonging to the neonicotinoid class of chemicals which act |
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| 33 | 33 | | 5selectively on nicotine acetylcholine receptors, including but not limited to, imidacloprid, |
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| 34 | 34 | | 6acetamiprid, clothianidin, dinotefuran, nithiazine, nitenpyram, thiacloprid, and thiamethoxam, |
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| 35 | 35 | | 7and any other pesticide identified as a neonicotinoid by the United States Environmental |
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| 36 | 36 | | 8Protection Agency or the department. |
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| 37 | 37 | | 9 SECTION 2. Said chapter 132B is hereby amended by inserting after section 16 the |
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| 38 | 38 | | 10following section:- 2 of 3 |
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| 39 | 39 | | 11 Section 17. (a) Beginning on January 1, 2029, no person shall distribute, sell, or offer for |
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| 40 | 40 | | 12sale any agricultural seed for corn, wheat or soybean if such seed is treated with a neonicotinoid |
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| 41 | 41 | | 13unless a waiver is issued by the department to the user of such seed pursuant to this section. |
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| 42 | 42 | | 14 (b) Beginning on January 1, 2029, no person without a waiver issued by the department |
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| 43 | 43 | | 15pursuant to this section shall use any agricultural seed for corn, wheat or soybean if such seed is |
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| 44 | 44 | | 16treated with a neonicotinoid. |
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| 45 | 45 | | 17 (c) The department may issue a waiver to allow the use of agricultural seeds treated with |
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| 46 | 46 | | 18a neonicotinoid for the production of agricultural crops only upon application by a person who |
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| 47 | 47 | | 19has completed an integrated pest management training, conducted a pest risk assessment, and |
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| 48 | 48 | | 20submitted to the department a pest risk assessment report. The department may issue a waiver if, |
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| 49 | 49 | | 21after review of the pest risk assessment report, the department determines the following: (i) that |
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| 50 | 50 | | 22the occurrence of a pest presents a significant risk of imminent harm, injury, or loss to |
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| 51 | 51 | | 23agricultural crops; (ii) that the use of agricultural seeds treated with a neonicotinoid will be |
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| 52 | 52 | | 24effective in addressing the pest risk; (iii) that the use of agricultural seeds treated with a |
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| 53 | 53 | | 25neonicotinoid will not cause unreasonable adverse effects on the environment, including on non- |
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| 54 | 54 | | 26target organisms, surface water quality, and groundwater quality; and (iv) that no other less |
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| 55 | 55 | | 27harmful seed treatment, pesticide, or pest management practice will be effective in addressing |
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| 56 | 56 | | 28the pest risk. |
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| 57 | 57 | | 29 (d) A waiver issued pursuant to this section shall: (i) provide the basis for the |
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| 58 | 58 | | 30determinations made by the department pursuant to subsection (c) of this section; (ii) specify the |
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| 59 | 59 | | 31waiver’s geographic scope, which may include only properties identified in the pest risk |
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| 60 | 60 | | 32assessment report; and (iii) specify the waiver’s start date and duration, not to exceed one year. 3 of 3 |
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| 61 | 61 | | 33 (e) A person issued a waiver pursuant to this section for the use of agricultural seeds |
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| 62 | 62 | | 34treated with a neonicotinoid shall maintain copies of related pest risk assessment reports and |
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| 63 | 63 | | 35records of the use of agricultural seeds treated with a neonicotinoid, including the date and |
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| 64 | 64 | | 36location of use. Such copies and records shall be subject to review upon request by the |
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| 65 | 65 | | 37department. |
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| 66 | 66 | | 38 (f) The department, in consultation with the board, may establish regulations for issuing |
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| 67 | 67 | | 39waivers pursuant to this section. Such regulations may prescribe application fees. |
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| 68 | 68 | | 40 (g) Waivers issued pursuant to this section shall be public records. The department shall |
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| 69 | 69 | | 41make such waivers publicly available online. |
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