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SENATE DOCKET, NO.                 FILED ON: 11/15/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2079

 


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

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An Act for a competitive economy through safer alternatives to toxic chemicals.
 

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

              SECTION 1.   Section 2 of chapter 21I of the Massachusetts General Laws, as appearing in the 2008 Official Edition, is hereby amended, in line 2, by inserting after the word “meanings” the following words: “unless defined otherwise in section 24 for the purposes of sections 24 through 28, inclusive”.

              SECTION 2.   Section 3 of said chapter 21I, as so appearing, is hereby amended, in line 61, by inserting after the word “reduction” the following words: “ substitution of safer alternatives.”

              SECTION 3.   Section 4 of said chapter 21I, as so appearing, is hereby amended, in line 57, by inserting at the end of subsection (F) the following paragraphs:

              The advisory committee shall conduct a study and approve recommendations on funding mechanisms for the safer alternatives in products program established under this chapter. The committee shall draft and, with an affirmative vote of two thirds (2/3) of the committee members, approve recommendations for a funding mechanism for the safer alternatives in products program. The committee shall submit the approved recommendations to the clerks of the House of Representatives and Senate and the joint committee on environment, natural resources and agriculture no later than eighteen (18) months after the effective date of this section.

              Not later than twenty-four (24) months after the effective date of this act shall the legislature take action upon the recommendations set forth in the above subparagraph (a).

              SECTION 4.   Said section 4 of said chapter 21I, as so appearing, is hereby amended, in line 62, by inserting after subsection (G) the following subsection:  

              (H)  In accordance with procedures that it may adopt, the advisory committee may provide comment to the council on all aspects of the safer alternatives program, including recommendations for chemical substances to be designated as priority chemical substances, and comments relative to chemical action plans, safer alternatives assessment reports, and the composition of the chemical list created in paragraph (a) of section 25.  All written official comment shall be considered a matter of public record.  Upon written request from the advisory committee, and for no more than three chemical substances annually, the council shall provide a written statement to the advisory committee explaining why a chemical substance has not been chosen for assessment according to the provisions of section 25.

              SECTION 5. Section 6 of said chapter 21I, as so appearing, is hereby further amended, in line 77, by inserting after subsection (J) the following subsection:

              (K)  Shall establish a technical assistance grant program to assist organizations of consumers or workers focused on the impact of substitutions of safer alternatives in specific products, sectors, or uses.  The grants may provide assistance for activities that may include but are not limited to securing information on chemical substances and their impact on workers, consumers and the environment; hiring independent technical support regarding chemical substances, production processes and work organization; and paying for training programs to assist affected groups in analyzing the changes.

              SECTION 6.   Chapter 21I is hereby further amended by inserting after section 6 the following section:

              Section 6A.

              (a)              In addition to any other requirements of this chapter, the institute shall seek to reduce the presence of priority chemical substances in consumer products and the workplace by promoting safer alternatives to such substances.  The institute may develop recognition programs to promote the priority chemical substance reduction achievements of industry and communities.  When feasible, the institute shall coordinate the programs and responsibilities relative to the substitution of safer alternatives for priority chemical substances with its other programs and responsibilities described in this chapter.

              (b)              Without limitation, and through such programs, the institute may:

                            i.              provide general information about chemical substances and actively publicize the advantages of and developments in safer alternatives and the requirements of this chapter, which shall include, but not be limited to, providing information about public health, environmental and economic issues associated with toxics use and toxics use reduction;

                            ii.              establish courses, seminars, conferences and other events and provide reports, updates, guides and other publications and other means of providing technical information for consumers and, as appropriate, work in coordination with the office;

                            iii.              develop and provide curriculum and training for higher education students and faculty on priority chemical substances and potential safer alternatives;

                            iv.              sponsor or engage in research to identify potential priority chemical substances and potential safer alternatives to such substances;

                            v.              sponsor research or pilot projects to develop and demonstrate innovative technologies for implementing safer alternatives to priority chemical substances;

                            vi.              develop in consultation with the department and office, a safer alternatives curriculum and training program to supplement the toxics use reduction planner training program; and

                            vii.              provide safer alternatives implementation training and assistance to citizens, community groups, nonprofit organizations and institutions, workers, labor representatives, businesses, consumer product supply chains and state and local government boards and officials; provided, however, that such training and assistance shall provide such individuals and groups with an understanding of the public health and environmental impacts of the presence of chemical substances, the methods and strategies for substituting safer alternatives for priority chemical substances and the requirements of this chapter.

              (c)              No later than eighteen (18) months after effective date of this section, the institute shall publish a list of chemical substances commonly used in Massachusetts industry or in consumer products sold in Massachusetts.  In consultation with the science advisory board, the institute shall categorize chemicals on said list into one of four categories: chemicals of high concern, chemicals of concern, chemicals of unknown concern, and chemicals of low concern.  The chemicals of high concern category shall include chemicals recognized as carcinogens, mutagens and reproductive toxins; chemicals recognized as persistent, bioaccumulative and toxic chemicals; chemicals recognized as very persistent and very bioaccumulative chemicals; chemicals recognized as endocrine disruptors; and other chemicals of equivalent concern.  The institute may create subcategories within these four categories.  These categories may be adjusted to take account of current chemical lists and additional information, including information on emerging materials.  From time to time, but at least every four (4) years, the institute, in consultation with the board, shall refine the list to incorporate new scientific information and data, and publish a revised version of the list, as needed.  Failure to refine the list shall not invalidate the list.

              SECTION 7.   Chapter 21I is hereby amended by inserting after section 23 the following 5 sections:

              Section 24.  Safer Alternatives Definitions

              For the purposes of sections 24 through 28, the following terms shall have the following meanings:

              “Alternative”, a chemical substance, material, product, process, function, system, or other action of equivalent function which can be reasonably substituted for the use of a particular chemical substance.

              “Article” means a manufactured item, other than an item which is manufactured at the facility, and which   is formed to a specific shape or design during manufacture, has end use functions dependent in whole or in part upon its shape or design during end use, and does not release a chemical substance under normal conditions of processing or use of that item at the facility or establishments.

              “Chemical substance”, any element, chemical, compound, mixture of elements and/or compounds, or class of compounds, provided that a chemical substance shall not be subject to the provisions of sections 24 through 28, inclusive, when it is: (1) present in crude, lubricating, or fuel oils or petroleum materials being held for direct wholesale or retail sale; (2) present in fuels used in combustion to produce electricity, steam, or heat; (3) present as a naturally-occurring substance in fuels and in emissions or byproducts as a result of the combustion of fuels; or (4) required to be present or used in the manufacturing of a product manufactured in Massachusetts by a contractor or subcontractor pursuant to a contract with the Department of Defense or the Department of Homeland Security.

              “Consumer product”, any item or formulation sold for residential or commercial use, including any component, part or packaging, provided that consumer product shall not mean items made available for use in Massachusetts for the sole purpose of redistribution, sale, supply, or lease for use outside of Massachusetts.  

              “Feasible”, means meets the technical requirements for the use with a technology that has been confirmed by the institute to be successfully used within or outside of the Commonwealth.  

              “Manufacturer”, any person, firm, association, partnership, corporation, governmental entity, organization, combination or joint venture which produces a consumer product containing a priority chemical substance or an importer or domestic distributor of a consumer product containing a priority chemical substance and that is produced in a foreign country.     In the case of a consumer product made with components made by different manufacturers, the manufacturer is the manufacturer who produced the component containing the priority chemical substance.   If the consumer product or component is produced in a foreign country, the manufacturer is the importer or domestic distributor; provided, however, that if a company from whom an importer purchases the consumer product or component has a United States   presence or assets, that company shall be considered to be the manufacturer.  

              “Medical Device”, an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including a component part, or accessory which is recognized in the official National Formulary, or the United States Pharmacopoeia, or any supplement to them,  intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease, in man or other animals, or intended to affect the structure or any function of the body of man or other animals, and which does not achieve any of its primary intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of any of its primary intended purposes.

              “Safer Alternative”, an alternative, including a change in chemical substance, material, product, process, function, system or other action, that replaces a chemical substance currently in use and that would be effective in reducing the chemical substance’s harm to human health or the environment without causing equivalent or greater harm to workers, consumers or the environment.  

              “Substitute”, to replace a chemical substance by using a safer alternative.

              “Substitution”, the replacement of a chemical substance through the use of a safer alternative.

              “User of a priority chemical substance” or “users of a priority chemical substance”, means a person who owns or operates a facility or business that manufactures, processes, or otherwise uses a priority chemical substance for non-residential purposes in the Commonwealth, provided that this definition shall not apply to an article containing a priority chemical substance.

              Section 25.

              (a)              No later than twelve (12) months after enactment of this section, the council shall promulgate regulations that establish processes and procedures for designating priority chemical substances in accordance with chapter; and require notification by businesses to the department in accordance with this chapter.

              (b)              Upon the appropriation of sufficient resources, the council by regulation shall designate 2 to 4 chemical substances annually from the list of chemicals of high concern, established pursuant to section 6A, as priority chemical substances.

              (c)              In designating the number of priority chemical substances, the council shall consider institute resources for performing safer alternatives assessment reports.

                            i.              In designating priority chemical substances, the council shall prioritize substances that adversely impact human health and/or the environment with highest priority given to preventing adverse impacts on children, infants, developing fetuses, and workers, and other vulnerable populations.  In designating priority chemical substances the council may consider opportunities that strengthen the Commonwealth’s economy.

                            ii.              Each designation of a priority chemical substance shall include appropriate de minimus thresholds below which the requirements of section 25(e)(i.) and section 25(e)(ii.) shall not apply.

              (d)              No consumer product containing a priority chemical substance shall be sold, offered for sale, or distributed for use in the Commonwealth unless the product’s manufacturer has submitted notification to the department in accordance with section 25(e).  No priority chemical substance shall be used within the Commonwealth unless the user of a priority chemical substance has submitted notification to the department in accordance with section 25(e).

              (e)              Manufacturers and users of a priority chemical substance shall notify the institute and the department within six (6) months of the designation of that substance in accordance with the following:

                            i.              Manufacturers shall file a notice with the institute and the department identifying the consumer product, the approximate number of units distributed in the Commonwealth, an estimate of the amount or concentration of the priority chemical substance contained in each unit, the purpose for including the priority chemical substance, and the name, address, and phone number of a contact person, and other relevant information the department may require.  The department may allow a manufacturer, distributor or trade group to supply the information required above for a consumer product category rather than an individual consumer product.  The manufacturer shall update and revise the notification whenever there is a significant change in the information or when requested by the department.

                            ii.              Users of a priority chemical substance shall file notice with the institute and the department identifying the name and address of each facility where the priority chemical substance is manufactured, processed, or otherwise used, the mass of each priority chemical substance manufactured, processed, or otherwise used, the purpose for using the priority chemical substance, and the name, address, and phone number of a contact person, and other relevant information the department may require.  The user of a priority chemical substance shall update and revise the notification whenever there is a significant change in the information or when requested by the department.  Large quantity toxics users and other toxics users within a designated priority user segments already subject to reporting on a priority chemical substance under section 10 shall be exempt from the requirements of this section for that priority chemical substance.

                            iii.              The department shall prescribe forms for such notices to be filed and a means by which the submitted information shall be made available to the public.

                            iv.              The department shall establish procedures to assure compliance with the requirements of this section and penalties for noncompliance.

                            v.              Distribution of information:

                                          1.              Public disclosure of confidential business information submitted to the institute and the department pursuant to this section shall be governed by the requirements of section 10 of chapter 66.

                                          2.              Manufacturers of a consumer product containing a priority chemical substance shall provide notice to any person who sells, offers to sell, or distributes such product for use in the Commonwealth, identifying the priority chemical substance, its purpose in the consumer product, any measures that should be undertaken to reduce a user’s exposure to the priority chemical substance, and proper management for discarding the consumer product safely at the end of its useful life.  Any person who sells, offers to sell, or distributes such a consumer product for use in the commonwealth shall provide such notice to all purchasers of the product.

                                          3.              Users of a priority chemical substance shall provide notice to workers in their facility or business regarding the use of the priority chemical substance.

              (f)  Any consumer product containing a priority chemical substance for which federal law governs notice in a manner that preempts state authority shall be exempt from the requirements of this section.

              (g)  The institute shall prepare a Safer Alternatives Assessment Report for each substance designated by the council as a priority chemical substance.  The council shall establish a schedule for the development of each safer alternatives assessment report, in consultation with the institute.  For each safer alternatives assessment report, the institute shall:

                            i.              identify the uses and functions of the priority chemical substance (including its incorporation into consumer products), focusing on uses and functions in the Commonwealth.  Uses and functions shall be identified and selected for further study and action, with highest priority given to uses that adversely impact children, infants, developing fetuses, and workers, and other vulnerable populations;

                            ii.              identify whether alternatives are available for those selected uses and functions of the priority chemical substance;

                            iii.              identify whether any of the selected uses of the priority chemical substance are of a clearly unnecessary nature;

                            iv.              research and study relevant factors to characterize feasible alternatives;

                            v.              provide a qualitative discussion of the economic viability, opportunities and costs associated with adopting and implementing any safer alternatives.  Such discussion may include a qualitative characterization of the economic impacts and benefits of substitution, the extent of human exposure to the priority chemical substance that could be eliminated through substitution or other actions and potential public health benefits or   reductions in health care costs;

                            vi.              identify selected uses of the priority chemical substance that do not currently have a feasible safer alternative available and make recommendations for promoting research and development of such alternatives; and any interim actions that may be taken to reduce human exposure to the priority chemical substance until a feasible alternative is available;

                            vii.              use the chemicals categorization list developed by the institute and other published chemical lists, including government lists of substances used in industry or in consumer products, to assist in identifying potential safer alternatives;

                            viii.              seek comments from the science advisory board, the advisory committee and members of the public, including all regions of the commonwealth;

                            ix.              publish the results of the safer alternatives assessment report; and

                            x.              periodically review the safer alternative assessment report and its findings with the advisory committee and the council and revise such report as necessary to update it and to address new recommendations.  Revised reports shall be made available to the public for comment, and final revised reports shall be published.  Such periodic reviews shall be conducted no less frequently than once every five (5) years.

              (h)  In the event that a priority chemical substance to be assessed is a pesticide, the institute shall contract with resources at the University of Massachusetts at Amherst, including the Cooperative Extension Service, for assistance and guidance in assessing agricultural uses of such substance.

              (i)  In the event that a priority chemical substance to be assessed is used for medical purposes, the institute shall contract with resources at the University of Massachusetts at Worcester for assistance and guidance in assessing medical uses of such substance.

              (j)  Sections 24 through 28 inclusively shall not apply to medical devices.

              Section 26.  (a)  The institute shall present each completed safer alternatives assessment report to the council.  The council shall use the completed report to identify uses of the priority chemical substance that pose a significant hazard to human health or the environment, with highest priority given to uses that adversely impact children, infants, developing fetuses, and workers, and other vulnerable populations.  In identifying such uses of the priority chemical substance, the council shall consider both uses of the priority chemical substance itself as well as uses of consumer products that contain the priority chemical substance.  The council shall designate any such uses as priority chemical substance uses.  

              (b)  Based on the information and recommendations of the completed safer alternatives assessment report, the council shall also determine whether one or more feasible safer alternatives exist for a priority chemical substance in a priority chemical substance use, and shall identify all such feasible safer alternatives in its designation.  

              Section 27.  (a)  Not later than eighteen (18) months after the council identifies priority chemical substance uses, the department, in consultation with the institute, the office, the advisory committee, and other agencies as appropriate, shall prepare a chemical action plan for the priority chemical substance, which addresses the priority chemical substance use(s) designated by the council.  The chemical action plan shall include draft regulations, for review by the council and members of the public.  

              (b)  A chemical action plan addressing a priority chemical substance for which feasible safer alternatives have been identified for one or more designated priority uses shall establish a goal of accomplishing the substitution of the identified safer alternative(s) for the priority chemical substances in those designated priority chemical substance uses as expeditiously as possible.  The chemical action plan shall establish requirements through which manufacturers and users of such priority chemical substance shall accomplish this goal, and shall also describe actions to be undertaken by appropriate state agencies to ensure the goal of the plan is met.              

                            i.              Where possible, the chemical action plan shall seek to strengthen Massachusetts business and develop job opportunities, and to coordinate state activities to accomplish this goal. In preparing the chemical action plan, the department shall consult with the institute, the office, and other relevant state agencies and authorities to identify and plan for coordinated actions of these agencies and authorities to achieve the plan’s goal.

                            ii.              To accomplish the goals established in this section, a chemical action plan for a priority chemical substance use with feasible alternatives shall:

                                          a.              identify specific actions that manufacturers and users of priority chemical substances shall be required to implement;

                                          b.              require substitution of a safer alternative;

                                          c.              establish schedules, timelines, and deadlines for achieving substitution of the priority chemical substance with safer alternatives, for specified priority uses;

                                          d.              where appropriate, require manufacturers or users of priority chemical substances to prepare and submit to the department plans to effect the substitution(s); and

                                          e.              provide for technical assistance to manufacturers and users of priority chemical substances.

                            iii.              In establishing deadlines and schedules for substituting safer alternatives for priority chemical substances, the department shall consider the potential impacts to human health and the environment of the continued use of the priority chemical substance.  If children or workers will continue to be exposed to one or more priority chemical substances during the period in which substitution is being implemented, then the chemical action plan shall include measures a manufacturer or user of a priority chemical substance, as appropriate, shall take to eliminate or reduce exposure of a priority chemical substance to those populations.

                            iv.              The timetable for completing substitutions established in a chemical action plan shall take into consideration the financial needs of the manufacturers and users of the priority chemical substance.

                            v.              Where substitution planning requirements are imposed on large quantity toxics users or toxics users within priority user segments, those toxics users shall be exempt from the requirements of this chapter for that particular priority chemical substance for as long as the substitution requirements are in effect.

              (c)  Where the council has not identified feasible safer alternatives for one or more priority uses of a priority chemical substance, the chemical action plan shall: identify steps that manufacturers and users of a priority chemical substance, state agencies and others  shall take to identify or develop a feasible safer alternative for the priority chemical substance use; shall require manufacturers and users of priority chemical substances to reduce human exposure to and environmental contamination from the priority chemical substance in that use; where possible seek to strengthen Massachusetts business and develop job opportunities; and coordinate state activities to accomplish this goal.  In preparing the chemical action plan, the department shall consult with the institute, the office, and other relevant state agencies and authorities to develop a plan that coordinates the actions of these agencies and authorities to achieve the plan’s goal.  The department shall consider the potential impacts to human health and the environment of the continued and unmitigated use of the priority chemical substance.  The chemical action plan for priority uses of a priority chemical substance for which the council has not identified a feasible safer alternative may include, but shall not be limited to, the following:

                            i.              research into and development of safer alternatives to the use of a priority chemical substance (such investigations may address specific priority chemical substance uses or specific applications within a consumer product category);

                            ii.              where appropriate, requirements for handling, storage and/or waste management, as appropriate to reduce exposure to workers and consumers to the priority chemical substance in priority uses;

                            iii.              requirements for consumer product labeling and other notification to users that a consumer product contains a priority chemical substance and advice on the proper handling and disposal to minimize human exposure to the priority chemical substance; and

                            iv.              limitations on certain continued uses of the priority chemical substance in specific applications, as appropriate.

              (d)  Each chemical action plan shall include draft regulations required for implementation.   Such regulations shall include appropriate requirements for manufacturers and users of priority chemical substances to file with the department plans to achieve compliance, periodic reports about progress toward implementation or about continued use of the priority chemical substance, and periodic certifications of compliance with any substitution or risk reduction requirements, or alternatively:

                            i.              authorize the filing with the department of an application to use an alternative substance that has not been identified as an acceptable alternative, documenting with toxicity and exposure data how the proposed alternative substance would ensure protection of health and the environment and, in response to such request, the department, in consultation with the institute, shall determine whether such alternative is acceptable, or

                            ii.              authorize the filing with the department of an application for a waiver of a substitution deadline, certifying that there is no safer alternative that is technically or economically feasible for a particular use of the substance; provided, however, that such waiver application shall include:

                                          a.              identification of the specific use of the priority chemical substance for which a waiver is sought;

                                          b.              identification of all alternatives considered and their cost and feasibility considerations;

                                          c.              the basis for finding that there is no feasible safer alternative;

                                          d.              documentation of any efforts to be taken to minimize the use of the priority chemical substance and of human and environmental exposures to such substance until safer alternatives are found and implemented; and

                                          e.              the steps the applicant shall take to identify safer alternatives in the following three (3) years;

              (e)  In deciding whether to grant a waiver, the department shall consider: (i) whether there is a need for the use of the substance; (ii) whether no safer alternative is feasibly available; and (iii) the impact on the economic viability of Massachusetts businesses.  Waivers shall not be granted for more than three years at a time.  In deciding whether to grant a waiver application, the department may consult with the institute, the office, and the department of economic development.

              (f)  After the department has prepared a draft chemical action plan, including draft regulations, the draft plan shall be submitted to the council, and to the public for comment pursuant to chapter 30A.  The final chemical action plan (which shall contain the department’s final regulations) shall be approved by the council prior to promulgation of the regulations by the department.

              (g)  A chemical action plan may be updated and amended from time to time by the department to reflect new scientific and/or technical information about the hazards posed by a priority chemical substance, the availability a safer alternatives for a priority chemical substance in a particular priority use, the feasibility of substituting a safer alternative for a priority chemical substance, new priority uses of a priority chemical substance, and other information without limitation.  Any such revised chemical action plan shall contain draft implementing regulations prepared by the department.  Once a final revised chemical action plan is approved by the council, the department shall promulgate final implementing regulations.  

              Section 28.  Certain functions provided for in this chapter may be transferred to or carried out in cooperation with an interstate entity.  The interstate entity may, among other functions:   compile and categorize chemical lists, produce alternatives assessment reports; develop model chemical action plans and consumer product or chemical use registries.  The department may promulgate regulations to carry out this section.  

              SECTION 8.  Paragraph (B) of section 21 of said chapter 21I of the General Laws, as so appearing, is hereby amended, in line 9, by inserting after the word “twenty” the following words: “ or (iii) violates any requirement of sections 24 through 28, inclusive,”

              SECTION 9.  Section 21 of said chapter 21I of the General Laws, as so appearing, is hereby amended, in line 25, by inserting after subsection (C) the following subsection:

              (D)  End users of consumer products shall not be subject to enforcement action under this chapter.

              SECTION 10.   Notwithstanding any general or special law to the contrary, an employer separating one or more individuals from employment as a result of this chapter shall notify the Department of Workforce Development at the time of separation.  The local Workforce Investment Board shall work with the Rapid Response Team set aside program within the Department of Workforce Development to determine a separated individual’s eligibility for benefits under the set aside program.  The Rapid Response Team shall establish criteria to determine eligibility for benefits under the set aside program.  Any individual deemed eligible for benefits under this act shall be entitled to receive re-training, subject to the approval of the Rapid Response Team, sufficient to qualify the individual for re-employment at a wage not less than the wage he or she was receiving at the time of separation from employment.  Any individual deemed eligible for re-training benefits under this act shall also be eligible to receive unemployment benefits during the entire period that he or she remains enrolled in, and in compliance with, the requirements of any such approved retraining program.

              SECTION 11.   Chapter 21I is hereby amended by inserting after section 11 the following section:

              Section 11A.  The department of environmental protection, in consultation with the Toxic Use Reduction Institute at the University of Massachusetts at Lowell, shall prepare chemical action plans for the following three (3) chemicals and specific uses: cadmium as found in children’s products, trichloroethylene as found in industrial degreasers, and nonylphenol ethoxylates as found in household cleaning products.

              The chemical action plans shall include draft regulations, for review by the council and members of the public.  Where possible, the chemical action plan shall seek to strengthen Massachusetts business and develop job opportunities, and to coordinate state activities to accomplish this goal.  In preparing the chemical action plan, the department shall consult with the institute, the office, and other relevant state agencies and authorities to identify and plan for coordinated actions of these agencies and authorities to achieve the plan’s goal.  

              To accomplish the goals established in this section, a chemical action plan for these three chemical substances’ use with feasible alternatives shall:

              (a)              identify specific actions that manufacturers and users of these chemical substances shall be required to implement;

              (b)              require substitution of a safer alternative;

              (c)              establish schedules, timelines, and deadlines for achieving substitution of these chemical substances with safer alternatives, for specified uses;

              (d)              where appropriate, require manufacturers or users of these chemical substances to prepare and submit to the department plans to effect the substitution(s); and

              (e)              provide for technical assistance to manufacturers and users of these chemical substances.

              In establishing deadlines and schedules for substituting safer alternatives under this section, the department shall consider the potential impacts to human health and the environment of the continued use of the priority chemical substance.  If children or workers will continue to be exposed to these three chemical substances during the period in which substitution is being implemented, then the chemical action plan shall include measures a manufacturer or user of one of these chemical substances, as appropriate, shall take to eliminate or reduce exposure of these chemical substances to those populations.

              The timetable for completing substitutions established in a chemical action plan shall take into consideration the financial needs of the manufacturers and users of the chemical substance.

              Where substitution planning requirements are imposed on large quantity toxics users or toxics users within user segments, those toxics users shall be exempt from the requirements of this chapter for that particular chemical substance for as long as the substitution requirements are in effect.

              Where the council has not identified feasible safer alternatives for a specified use of these chemical substances, the chemical action plan shall: identify steps that manufacturers and users of the chemical substance, state agencies and others shall take to identify or develop a feasible safer alternative for the chemical substance use; shall require manufacturers and users of the chemical substances to reduce human exposure to and environmental contamination from the chemical substance in that use; where possible seek to strengthen Massachusetts business and develop job opportunities; and coordinate state activities to accomplish this goal.  In preparing the chemical action plan, the department shall consult with the institute, the office, and other relevant state agencies and authorities to develop a plan that coordinates the actions of these agencies and authorities to achieve the plan’s goal.  The department shall consider the potential impacts to human health and the environment of the continued and unmitigated use of the chemical substance.  The chemical action plan for specified uses of the chemical substance for which the council has not identified a feasible safer alternative may include, but shall not be limited to, the following:

              (a)              research into and development of safer alternatives to the use of these chemical substances;

              (b)              where appropriate, requirements for handling, storage or waste management, as appropriate to reduce exposure to workers and consumers to the chemical substance in specified use;

              (c)              requirements for consumer product labeling and other notification to users that a consumer product contains a chemical substance and advice on the proper handling and disposal to minimize human exposure to the chemical substance; and

              (d)              limitations on certain continued uses of the chemical substance in specific applications.

              Each chemical action plan shall include draft regulations required for implementation.  Such regulations shall include appropriate requirements for manufacturers and users of the chemical substances to file with the department plans to achieve compliance, periodic reports about progress toward implementation or about continued use of the chemical substance, and periodic certifications of compliance with any substitution or risk reduction requirements, or alternatively:

              (a)              authorize the filing with the department of an application to use an alternative substance that has not been identified as an acceptable alternative, documenting with toxicity and exposure data how the proposed alternative substance would ensure protection of health and the environment and, in response to such request, the department, in consultation with the institute, shall determine whether such alternative is acceptable, or

              (b)              authorize the filing with the department of an application for a waiver of a substitution deadline, certifying that there is no safer alternative that is technically or economically feasible for a particular use of the substance;

              In deciding whether to grant a waiver, the department shall consider: (i) whether there is a need for the use of the substance; (ii) whether no safer alternative is feasibly available; and (iii) the impact on the economic viability of Massachusetts businesses.  Waivers shall not be granted for more than three years.  In deciding whether to grant a waiver application, the department may consult with the institute, the office, and the department of economic development.

              After the department has prepared a draft chemical action plan, including draft regulations, the draft plan shall be published for public comment pursuant to chapter 30A.  The final chemical action plan shall contain the department’s final regulations and shall be approved by the council prior to promulgation of the regulations by the department.

              A chemical action plan may be updated and amended from time to time by the department to reflect new scientific or technical information about the hazards posed by the chemical substance, the availability a safer alternatives for the chemical substance in a specified use, the feasibility of substituting a safer alternative for the chemical substance, new priority uses of the chemical substance, and other information without limitation.  Any such revised chemical action plan shall contain draft implementing regulations prepared by the department.  Once a final revised chemical action plan is approved by the council, the department shall promulgate final implementing regulations.

              SECTION 12. Sections 1, 2 and 4 through 10 of this act shall be effective January 1, 2015.

              SECTION 13.   Sections 3 and 11 of this act shall be effective upon passage. 

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