| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | SENATE DOCKET, NO. 888 FILED ON: 1/15/2025 |
|---|
| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 593 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Ryan C. Fattman |
|---|
| 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 :Ryan C. FattmanWorcester and Hampden 1 of 3 |
|---|
| 16 | 16 | | SENATE DOCKET, NO. 888 FILED ON: 1/15/2025 |
|---|
| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 593 |
|---|
| 18 | 18 | | By Mr. Fattman, a petition (accompanied by bill, Senate, No. 593) of Ryan C. Fattman for |
|---|
| 19 | 19 | | legislation to reform the toxic use reduction act. Environment and Natural Resources. |
|---|
| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
|---|
| 21 | 21 | | SEE SENATE, NO. 485 OF 2023-2024.] |
|---|
| 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 reform the toxic use reduction act. |
|---|
| 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 11(A)(1) of chapter 21I of the General Laws, as appearing in the |
|---|
| 31 | 31 | | 22022 Official Edition, is hereby amended by striking out the first sentence and inserting in place |
|---|
| 32 | 32 | | 3thereof the following sentence:- “On a schedule to be established by the department, but no more |
|---|
| 33 | 33 | | 4frequently than once every six years or when a new toxic substance is first used at a facility, and |
|---|
| 34 | 34 | | 5in either case on an even-numbered year, each large quantity toxics users shall prepare and |
|---|
| 35 | 35 | | 6complete a toxics use reduction plan for each facility for which they are required to file a report |
|---|
| 36 | 36 | | 7in that year.” |
|---|
| 37 | 37 | | 8 SECTION 2. Section 11(D) of said chapter 21I, as so appearing, is hereby amended by |
|---|
| 38 | 38 | | 9striking out the words “by July 1, two years after the first plan, and then according to the 2 of 3 |
|---|
| 39 | 39 | | 10schedule specified by the department” and inserting in place thereof the following words:- “by |
|---|
| 40 | 40 | | 11July 1, two years after the first plan, and then every six years”. |
|---|
| 41 | 41 | | 12 SECTION 3. Section 11(F) of said chapter 21I, as so appearing, is hereby amended by |
|---|
| 42 | 42 | | 13striking out the first sentence and inserting in place thereof the following sentence:- “Large |
|---|
| 43 | 43 | | 14quantity toxics users shall file a plan summary with the department on or before July 1 of the |
|---|
| 44 | 44 | | 15year in a which toxics use reduction plan is due.” |
|---|
| 45 | 45 | | 16 SECTION 4. Section 12(C) of said chapter 21I, as so appearing, is hereby amended by |
|---|
| 46 | 46 | | 17striking out the first sentence and inserting in place thereof the following sentence:- “ |
|---|
| 47 | 47 | | 18Certification shall be for not more than six years and shall be renewable for additional six year |
|---|
| 48 | 48 | | 19periods.” |
|---|
| 49 | 49 | | 20 SECTION 5. Said section 12(C) of said chapter 21I, as so appearing, is hereby amended |
|---|
| 50 | 50 | | 21by inserting at the end thereof the following sentences:- “The continuing education requirement |
|---|
| 51 | 51 | | 22for initial recertification and renewal shall not exceed 45 hours per certification period for |
|---|
| 52 | 52 | | 23individuals certified pursuant to subsection 12(A). The continuing education requirement for |
|---|
| 53 | 53 | | 24initial recertification and renewal shall not exceed 36 hours per certification period for |
|---|
| 54 | 54 | | 25individuals certified pursuant to subsection 12(B). The continuing education requirement for |
|---|
| 55 | 55 | | 26subsequent recertification and renewal shall not exceed 36 hours per certification period for |
|---|
| 56 | 56 | | 27individuals certified pursuant to subsection 12(A). The continuing education requirement for |
|---|
| 57 | 57 | | 28subsequent recertification and renewal shall not exceed 36 hours per certification period for |
|---|
| 58 | 58 | | 29individuals certified pursuant to subsection 12(B).” |
|---|
| 59 | 59 | | 30 SECTION 6. Section 19 of said chapter 21I, as so appearing, is hereby amended by |
|---|
| 60 | 60 | | 31inserting the following subsection:- 3 of 3 |
|---|
| 61 | 61 | | 32 (I) The requirements to pay any fees under this section shall not be applicable to any use |
|---|
| 62 | 62 | | 33of a toxic substance that is mandated by law, regulation, drug or other product registration, |
|---|
| 63 | 63 | | 34design specification of a United States governmental authority including, but not limited to, the |
|---|
| 64 | 64 | | 35United States Armed Services, Department of Homeland Security or other similar United States |
|---|
| 65 | 65 | | 36governmental authority, or any other legally enforceable requirement. |
|---|
| 66 | 66 | | 37 A toxics user shall determine the applicability of the exemption by providing an affidavit |
|---|
| 67 | 67 | | 38identifying, to the extent permitted under applicable national security and confidentiality |
|---|
| 68 | 68 | | 39requirements, the governmental body whose law, regulation, registration or specification requires |
|---|
| 69 | 69 | | 40the use of the toxic substance. |
|---|