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The 193rd General Court of the Commonwealth of Massachusetts

Section 6: Toxics Use Reduction Institute

  Section 6. There shall be a Toxics Use Reduction Institute at the University of Massachusetts Lowell. The institute shall seek to reduce the use of toxic substances and the generation of toxic by-products in Massachusetts by promoting comprehensive environmental management practices, inherently safer products and materials, and the efficient use of resources. The institute shall support industry and community efforts to protect worker and public health and improve environmental quality through programs in research, education, and information dissemination. The institute may develop recognition programs to promote the toxics use reduction achievements of Massachusetts industry and communities. The institute may establish fees, tuitions, or other financial charges for its programs. All monies appropriated to the institute, or received by the institute through additional grants, gifts, bequests, or contracts shall be administered through the University of Massachusetts Lowell.

  Through such programs the Institute shall:

  (A) Provide general information about and actively publicize the advantages of and developments in toxics use reduction, and the requirements of this chapter. This shall include, but not be limited to, providing information about public health, environmental, and economic issues associated with toxics use and toxics use reduction.

  (B) Establish courses, seminars, conferences and other events, and reports, updates, guides and other publications, and other means of providing technical information for toxics users, and may as appropriate work in cooperation with the office.

  (C) Develop and provide curriculum and training for higher education students and faculty on toxics use reduction.

  (D) Engage in research, development and demonstration of toxics use reduction methods. Such research may include but not be limited to assessments of the impact of adopting such methods on the environment, public health and worker exposure, and assessments of the economic and employment impacts within affected firms or user segments.

  (E) By July 1, 1991, develop, in consultation with the department, the office, the department of economic development, and the Science Advisory Board, a toxics use reduction planning program for individuals who wish to be certified as toxics use reduction planners. Programs may also be available at other public and private colleges and universities located in the commonwealth, subject to the approval of the council. Such programs shall be designed to train toxics use reduction planners to be qualified to assist toxics users in the development and implementation of current toxics use reduction techniques and shall be designed to train toxics use reduction planners to be qualified to prepare, review, and approve toxics use reduction plans established in section eleven of this chapter.

  (F) Sponsor research or pilot projects to develop and demonstrate innovative technologies for toxics use reduction. The results of all such projects shall be available for use by the public. Information protected by trade secret protections as established in section twenty shall remain so protected.

  (G) May assist in the training of inspectors and other key toxics personnel, if so requested by the department.

  (H) Provide toxics use reduction training and assistance to citizens, community groups, non-profit organizations and institutions, workers, labor representatives, and state and local government boards and officials. The program shall assist these individuals and groups in understanding the public health and environmental impacts of toxics use, the methods and strategies for reducing toxics use, and the requirements of this chapter.

  (I) Shall take advantage of all available information from existing state and federal programs on toxics use reduction and pollution prevention.

  (J) Shall conduct a detailed study on potential restrictions on the use of chemicals in the commonwealth. The study shall include, but not be limited to existing national and international experiences with restrictions; the social, environmental and economic costs and benefits of adopting chemical restrictions; the potential for restrictions in Massachusetts, and how a restriction program could be implemented. By January 1, 1993, the Institute shall present its findings on the study to the Council, which shall file a copy of the study with the clerk of the House of Representatives, the clerk of the Senate, and the joint committee on Natural Resources and Agriculture. The council shall hold a public hearing on the study. By January 1, 1995, the Institute shall present to the council a further study on the Massachusetts experience with this chapter, and how it relates to the issue of chemical restrictions. The council shall file a copy of the study with the clerk of the House of Representatives, the clerk of the Senate, and the joint committee on Natural Resources and Agriculture. The council shall hold a public hearing on the study.

[ Third paragraph effective until May 30, 2023. For text effective May 30, 2023, see below.]

  There shall be a Science Advisory Board associated with the Institute consisting of eleven members appointed by the governor, three members shall be nominated by the secretary of the executive office of environmental affairs, three members shall be nominated by the director of the Institute, three members shall be nominated by the director of economic development, one member shall be nominated by the secretary of labor and workforce development and one member shall be nominated by the secretary of the executive office of health and human services. Four of the initial appointees shall serve for an initial term of one year, four of the initial appointees shall serve for an initial term of two years, and all other appointees shall serve for three year terms. Each member shall have appropriate academic or professional experience. The institute shall consult with the board on issues including, but not limited to, additions and deletions to the toxic or hazardous substance list established in section 9 and the designation of substances as higher hazard substances and lower hazard substances. The members of the board shall serve without compensation, except that they may be reimbursed for out-of-pocket expenses incurred in the course of performing their duties as board members.

[ Third paragraph as amended by 2023, 7, Sec. 58 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]

  There shall be a Science Advisory Board associated with the Institute consisting of eleven members appointed by the governor, three members shall be nominated by the secretary of the executive office of environmental affairs, three members shall be nominated by the director of the Institute, three members shall be nominated by the secretary of economic development, one member shall be nominated by the secretary of labor and workforce development and one member shall be nominated by the secretary of the executive office of health and human services. Four of the initial appointees shall serve for an initial term of one year, four of the initial appointees shall serve for an initial term of two years, and all other appointees shall serve for three year terms. Each member shall have appropriate academic or professional experience. The institute shall consult with the board on issues including, but not limited to, additions and deletions to the toxic or hazardous substance list established in section 9 and the designation of substances as higher hazard substances and lower hazard substances. The members of the board shall serve without compensation, except that they may be reimbursed for out-of-pocket expenses incurred in the course of performing their duties as board members.

  The institute shall advise the council as to which substances from the list of toxic or hazardous substances established pursuant to section 9 should be designated as higher hazard substances or lower hazard substances. The institute shall base its advice on the recommendations of the board, taking into consideration the policy implications of such recommendations.