Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4481 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 4971 FILED ON: 3/6/2024
3	3	HOUSE . . . . . . . . . . . . . . . No. 4481
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sarah K. Peake and Julian Cyr
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 authorizing the town of Orleans to adopt a pesticide reduction bylaw.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Sarah K. Peake4th Barnstable3/6/2024Julian CyrCape and Islands3/6/2024 1 of 5
16	16	HOUSE DOCKET, NO. 4971 FILED ON: 3/6/2024
17	17	HOUSE . . . . . . . . . . . . . . . No. 4481
18	18	By Representative Peake of Provincetown and Senator Cyr, a joint petition (accompanied by bill,
19	19	House, No. 4481) of Sarah K. Peake and Julian Cyr (by vote of the town) that the town of
20	20	Orleans be authorized to adopt a pesticide reduction bylaw in said town. Environment and
21	21	Natural Resources. [Local Approval Received.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act authorizing the town of Orleans to adopt a pesticide reduction bylaw.
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. Notwithstanding any general or special law to the contrary, the town of
31	31	2Orleans may adopt a pesticide reduction bylaw.
32	32	3 SECTION 2. The purpose of this bylaw is to reduce toxic pesticide use in and on public
33	33	4and private property in the town of Orleans in order to promote a healthy environment and to
34	34	5protect the public from the hazards of pesticides, and for implementation of sustainable land and
35	35	6building management practices on all public and private property.
36	36	7 SECTION 3.
37	37	8 A. Scientific studies associate exposure to pesticides with asthma, cancer, developmental
38	38	9and learning disabilities, nerve and immune system damage, liver or kidney damage,
39	39	10reproductive impairment, birth defects, and disruption of the endocrine system. 2 of 5
40	40	11 B. Infants, children, pregnant women, the elderly, and people with compromised
41	41	12immune systems and chemical sensitivities are especially vulnerable to pesticide effects and
42	42	13exposure.
43	43	14 C. Pesticides are harmful to pets and wildlife, including threatened and endangered
44	44	15species, soil microbiology, plants, and natural ecosystems.
45	45	16 D. Toxic runoff from chemical fertilizers and pesticides pollute streams, lakes, estuaries,
46	46	17and drinking water sources.
47	47	18 E. The use of pesticides is not necessary to create and maintain green lawns and
48	48	19landscapes given the availability of viable alternatives practices and products.
49	49	20 F. People have a right not to be involuntarily exposed to pesticides in the air, water or
50	50	21soil that inevitably result from chemical drift and contaminated runoff.
51	51	22 G. Sustainable land and building management practices that emphasize non-chemical
52	52	23methods of pest prevention and management, and least-toxic pesticide use as a last resort, will
53	53	24eliminate the use of and exposure to pesticides while controlling pest populations.
54	54	25 H. Sustainable land and building management practices complement other important
55	55	26goals of Orleans’ maintenance and administration, such as energy conservation and security.
56	56	27 I. Orleans embraces a precautionary approach to the use of pesticides in order to
57	57	28adequately protect people and the environment from the harmful effects of pesticides.
58	58	29 J. Application of chemicals simply for aesthetic/cosmetic purposes has harmful
59	59	30consequences for our ecosystem, children and pets. Pollinators are directly harmed by
60	60	31applications particularly the indiscriminate (and long-term ineffective) spraying of pesticides. 3 of 5
61	61	32 SECTION 4. This bylaw is adopted under authority granted by the home rule
62	62	33amendment to the Massachusetts constitution and the provisions of any special legislation passed
63	63	34by the legislature.
64	64	35 SECTION 5. For the purposes of this bylaw, the following definitions shall apply:
65	65	36 "Allowed materials list". The list of acceptable pesticides is limited to the following:
66	66	37 1) All non-synthetic (natural) materials, with the exception of prohibited non-synthetic
67	67	38materials under 7 CFR 205.602;
68	68	39 2) Any synthetic material listed at 7 CFR 205.601 that is labeled for turf uses, subject to
69	69	40discretionary authority to require disclosure of inert ingredients; and
70	70	41 3) 25b listed pesticides under the federal insecticide, fungicide and rodenticide act
71	71	42(FIFRA).
72	72	43 "Inert ingredient". Any substance (or group of substances with similar chemical
73	73	44structures if designated by the environmental protection agency (EPA)) other than an active
74	74	45ingredient that is intentionally included in any pesticide product (40 CFR 152.3(m)) [7 CFR
75	75	46205.2 Terms defined.], and are not classified by the EPA administrator as inserts of toxicological
76	76	47concern. [7 U.S.C. 6502(21) Definitions]
77	77	48 "Non-synthetic (natural) materials". A substance that is derived from mineral, plant, or
78	78	49animal matter and does not undergo a synthetic process as defined in section 6502(21) of the
79	79	50organic foods production act. For the purposes of this part, ‘non-synthetic’ is used as a synonym
80	80	51for natural as the term is used in the regulations. [7 CFR 205.2 Terms defined.] 4 of 5
81	81	52 "Pesticide". Any substance or mixture of substances intended for: (i) preventing,
82	82	53destroying, repelling, or mitigating any pest; (ii) use as a plant regulator, defoliant, or desiccant;
83	83	54or (iii) use as a spray adjuvant such as a wetting agent or adhesive. The term 'pesticide' includes
84	84	55insecticides, herbicides, fungicides, and rodenticides, but does not include cleaning products
85	85	56other than those that contain pesticidal agents.
86	86	57 "Synthetic materials". A substance that is formulated or manufactured by a chemical
87	87	58process or by a process that chemically changes a substance extracted from naturally occurring
88	88	59plant, animal, or mineral sources, except that such term shall not apply to substances created by
89	89	60naturally occurring biological processes. [7 U.S.C. 6502(21) Definitions]
90	90	61 SECTION 6. The application of any pesticide that is not on the allowed material list is
91	91	62prohibited, except as permitted in this bylaw.
92	92	63 SECTION 7.
93	93	64 A. The application of the following Pesticides is allowed:
94	94	65 1. Indoor pest sprays and insect baits (excluding rodent baits)
95	95	66 2. Insect repellants for personal and household use
96	96	67 3. Pet: Flea and tick sprays, powders, and pet collars
97	97	68 4. Kitchen, laundry, and bath disinfectants and sanitizer
98	98	69 5. Products labeled primarily to kill mold and mildew
99	99	70 6. Usage for commercial farming and nurseries. 5 of 5
100	100	71 B. Pesticides for the treatment of invasive plants for ecological restoration (see
101	101	72Massachusetts invasive plant advisory group current lists of invasive, likely invasive, and
102	102	73potentially invasive may be used upon the grant of a waiver by the town manager or authorized
103	103	74designee.
104	104	75 C. If an emergency public health situation warrants the use of pesticides, which would
105	105	76otherwise not be permitted under this bylaw, the town manager or authorized designee shall have
106	106	77the authority to grant a temporary waiver on a case-by-case basis after an evaluation of all
107	107	78alternative methods and materials.
108	108	79 SECTION 8. The enforcement authority shall be the town manager, or any town officials
109	109	80as designated by the select board to oversee and enforce the provisions of this bylaw.
110	110	81 SECTION 9. Any person who violates any provision of this bylaw shall be punished by
111	111	82a fine of one hundred dollars ($100.00) for the first offense and three hundred dollars ($300.00)
112	112	83for each offense thereafter. Each day or portion thereof during which a violation continues shall
113	113	84constitute a separate offense and a violation of each provision of the bylaw shall constitute a
114	114	85separate offense. If the offender is a commercial applicator, the right to do business in the town
115	115	86of Orleans may be revoked.
116	116	87 SECTION 10. The provisions of this bylaw are hereby declared to be severable. If any
117	117	88provision, paragraph, sentence, or clause of this bylaw or the application thereof to any person,
118	118	89establishment, or circumstances shall be held invalid, such invalidity shall not affect the other
119	119	90provisions or application of this bylaw.
120	120	91 SECTION 11. This act shall take effect upon passage.