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