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SENATE DOCKET, NO. 888 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 593
The Commonwealth of Massachusetts
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PRESENTED BY:
Ryan C. Fattman
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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 reform the toxic use reduction act.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Ryan C. FattmanWorcester and Hampden 1 of 3
SENATE DOCKET, NO. 888 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 593
By Mr. Fattman, a petition (accompanied by bill, Senate, No. 593) of Ryan C. Fattman for
legislation to reform the toxic use reduction act. Environment and Natural Resources.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 485 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to reform the toxic use reduction act.
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 11(A)(1) of chapter 21I of the General Laws, as appearing in the
22022 Official Edition, is hereby amended by striking out the first sentence and inserting in place
3thereof the following sentence:- “On a schedule to be established by the department, but no more
4frequently than once every six years or when a new toxic substance is first used at a facility, and
5in either case on an even-numbered year, each large quantity toxics users shall prepare and
6complete a toxics use reduction plan for each facility for which they are required to file a report
7in that year.”
8 SECTION 2. Section 11(D) of said chapter 21I, as so appearing, is hereby amended by
9striking out the words “by July 1, two years after the first plan, and then according to the 2 of 3
10schedule specified by the department” and inserting in place thereof the following words:- “by
11July 1, two years after the first plan, and then every six years”.
12 SECTION 3. Section 11(F) of said chapter 21I, as so appearing, is hereby amended by
13striking out the first sentence and inserting in place thereof the following sentence:- “Large
14quantity toxics users shall file a plan summary with the department on or before July 1 of the
15year in a which toxics use reduction plan is due.”
16 SECTION 4. Section 12(C) of said chapter 21I, as so appearing, is hereby amended by
17striking out the first sentence and inserting in place thereof the following sentence:- “
18Certification shall be for not more than six years and shall be renewable for additional six year
19periods.”
20 SECTION 5. Said section 12(C) of said chapter 21I, as so appearing, is hereby amended
21by inserting at the end thereof the following sentences:- “The continuing education requirement
22for initial recertification and renewal shall not exceed 45 hours per certification period for
23individuals certified pursuant to subsection 12(A). The continuing education requirement for
24initial recertification and renewal shall not exceed 36 hours per certification period for
25individuals certified pursuant to subsection 12(B). The continuing education requirement for
26subsequent recertification and renewal shall not exceed 36 hours per certification period for
27individuals certified pursuant to subsection 12(A). The continuing education requirement for
28subsequent recertification and renewal shall not exceed 36 hours per certification period for
29individuals certified pursuant to subsection 12(B).”
30 SECTION 6. Section 19 of said chapter 21I, as so appearing, is hereby amended by
31inserting the following subsection:- 3 of 3
32 (I) The requirements to pay any fees under this section shall not be applicable to any use
33of a toxic substance that is mandated by law, regulation, drug or other product registration,
34design specification of a United States governmental authority including, but not limited to, the
35United States Armed Services, Department of Homeland Security or other similar United States
36governmental authority, or any other legally enforceable requirement.
37 A toxics user shall determine the applicability of the exemption by providing an affidavit
38identifying, to the extent permitted under applicable national security and confidentiality
39requirements, the governmental body whose law, regulation, registration or specification requires
40the use of the toxic substance.