SECTION 1. Section 1 of chapter 132B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the definition of “Agricultural commodity” the following definition:-

 “Agricultural use”, the spraying, release, deposit or application of a neonicotinoid on land in agricultural use, as defined in section 1 of chapter 61A.

 SECTION 2. Said section 1 of said chapter 132B, as so appearing, is hereby further amended by inserting after the definition of , “Beneficial insects” the following definition:-

 “Blooming season,” the period of the calendar year during which blooming or flowering plants are actively blooming, which shall include, at a minimum, the period between March 1 and October 31, provided, that the department may increase the period of time by regulation.

 SECTION 3. Said section 1 of said chapter 132B, as so appearing, is hereby further amended by inserting after the definition of “Fungi”, the following definition:-

 “Horticultural use”, the spraying, release, deposit or application of a neonicotinoid on land in horticultural use, as defined in section 2 of chapter 61A.

 SECTION 4. Said section 1 of said chapter 132B, as so appearing, is hereby further amended by inserting after the definition of “Nematode” the following definition:-

 “Neonicotinoid,” a pesticide belonging to the neonicotinoid class of chemicals which act selectively on nicotine acetylcholine receptors of organisms and are absorbed into plant tissue and can be present in pollen and nectar, including but not limited to, imidacloprid, acetamiprid, clothianidin, dinotefuran, nithiazine, nitenpyram, thiacloprid, and thiamethoxam and any other pesticide identified as a neonicotinoid by the United States Environmental Protection Agency.

 SECTION 5. Section 6 of said chapter 132B, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-

 No person shall distribute a neonicotinoid, or any substance containing a neonicotinoid, for agricultural use or horticultural use, except a neonicotinoid-treated nursery plant, to any person except a certified commercial applicator, a certified private applicator, or a licensed applicator.

 SECTION 6. Said chapter 132B is hereby further amended by inserting after section 6K the following section:-

 Section 6L. (a) Neonicotinoids shall not be sprayed, released, deposited or applied on any property within the commonwealth, except as follows:-

 (1) During the blooming season, neonicotinoids shall be used for agricultural use and horticultural use only.

 (2) A neonicotinoid used during the blooming season for agricultural use or horticultural use shall only be sprayed, released, deposited or applied by certified commercial applicator, certified private applicator or licensed applicator who has received a certificate of training.

 (3) On a date outside of the blooming season, neonicotinoids shall only be sprayed, released, deposited or applied by a certified commercial applicator, a certified private applicator, or a licensed applicator.

 (b) Prior to spraying, releasing, depositing or applying any neonicotinoid in accordance with subsection (a), a certified commercial applicator, certified private applicator or licensed applicator shall provide the owner of the property on which the neonicotinoid is to be used with: (i) information on the risks associated with the use of the neonicotinoids, including, but not limited to, the potential effects on the central nervous system of pollinators and non-target organisms and an overview of the effects of neonicotinoids on honeybees; (ii) a list of alternative non-neonicotinoid products; and (iii) an acknowledgment signifying that the owner has received and understands this information. The informational materials, list and acknowledgement required by this subsection shall be in a form prescribed by the department. This subsection shall not apply to any certified commercial applicator, certified private applicator, or licensed applicator using a neonicotinoid on property that he or she owns.

 (c) The subsections (a) and (b) shall not apply to the following products: (i) pet care products used to mitigate fleas, mites, ticks, heartworms, or other animals that are harmful to the health of a domesticated animal; (ii) personal care products used to mitigate lice and bedbugs; (iii) indoor pest control products used to mitigate insects indoors, including ant bait and (iv) any products used by licensed or certified applicators for use in industrial, institutional, structural and health related pest control, as defined in 333 CMR 10.03.7.

 SECTION 7. Section 10 of said chapter 132B, as so appearing, is hereby amended by inserting after the third paragraph, the following paragraph:-

 The department shall require that any certified commercial applicator, certified private applicator, or licensed applicator using neonicotinoids pursuant to paragraph (2) of subsection (a) of section 6L satisfactorily completes training regarding the risks associated with the use of neonicotinoids and the proper techniques to minimize said risks. The department shall include the neonicotinoid training in the licensing and certification process for certified commercial applicators, certified private applicators, or licensed applicators.

 SECTION 8. Section 14 of said chapter 132B, as so appearing, is hereby amended by inserting after the word “inclusive”, in lines 9 and 10, the following words:- , section 6L.

 SECTION 9. The department of agricultural resources shall work with the center for agriculture, food and the environment at University of Massachusetts at Amherst in order to develop the training required by section 4 within six months of the passage of this Act. Such training may, if practicable, include the attendance of any existing courses, programs or initiatives at said center.

 SECTION 10. The Massachusetts Department of Transportation shall identify opportunities in the commonwealth for the replacement of non-native, cool-season turf grasses around solar energy installations on property owned by the department with native plant communities that include flowers, wildflowers, vegetables, weeds, herbs, ornamental plants, cover crops and legume species to attract honey bees and other pollinators.

 SECTION 11. The department of agricultural resources shall develop the informational materials, list of alternative products and acknowledgement form required by section 6 within 6 months of the passage of this act.

 SECTION 12. Section 8 shall take effect on January 1, 2019. No penalties shall be assessed for a violation of this act prior to such date.