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HOUSE DOCKET, NO. 3158 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 742
The Commonwealth of Massachusetts
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PRESENTED BY:
James C. Arena-DeRosa
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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 protect Massachusetts pollinators.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:James C. Arena-DeRosa8th Middlesex1/19/2023Lindsay N. Sabadosa1st Hampshire1/24/2023Michelle M. DuBois10th Plymouth2/14/2023Ryan C. FattmanWorcester and Hampden3/7/2023 1 of 3
HOUSE DOCKET, NO. 3158 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 742
By Representative Arena-DeRosa of Holliston, a petition (accompanied by bill, House, No. 742)
of James C. Arena-DeRosa and others relative to the use and protection of pollinators by further
regulating the spraying, release, deposit or application of a neonicotinoid on certain agricultural
land. Environment and Natural Resources.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 896 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to protect Massachusetts pollinators.
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 2 of chapter 132B of the General Laws, as appearing in the 2018
2Official Edition, is hereby amended by inserting after the definition of “Nematode” the following
3definition:-
4 “Neonicotinoid,” a pesticide belonging to the neonicotinoid class of chemicals which act
5selectively on nicotine acetylcholine receptors of organisms and are absorbed into plant tissue
6and can be present in pollen and nectar, including but not limited to, imidacloprid, acetamiprid,
7clothianidin, dinotefuran, nithiazine, nitenpyram, thiacloprid, and thiamethoxam and any other
8pesticide identified as a neonicotinoid by the United States Environmental Protection Agency. 2 of 3
9 SECTION 2. Section 6 of said chapter 132B, as so appearing, is hereby amended by
10inserting after the second paragraph the following paragraph:-
11 No person shall distribute a neonicotinoid, or any substance containing a neonicotinoid,
12except a neonicotinoid-treated nursery plant, to any person except a certified commercial
13applicator, a certified private applicator, or a licensed applicator.
14 SECTION 3. Said chapter 132B, as so appearing, is hereby amended by inserting after
15section 6K the following section:-
16 Section 6L. (a) Neonicotinoids shall only be sprayed, released, deposited or applied on
17any property within the commonwealth by a certified commercial applicator, certified private
18applicator or licensed applicator.
19 (b) Upon entering into an agreement to provide services that include application of
20neonicotinoids, a certified commercial applicator, certified private applicator, or licensed
21applicator shall provide to property owners the following: (i) a form authorizing the applicator to
22apply neonicotinoids; (ii) a copy of any warning statements concerning bees on the label of
23neonicotinoids being applied; and (iii) an acknowledgment signifying that the owner has
24received and understands this information. This subsection shall not apply to any certified
25commercial applicator, certified private applicator, or licensed applicator using a neonicotinoid
26on property that he or she owns.
27 (c) The subsections (a) and (b) shall not apply to the following products: (i) pet care
28products used to mitigate fleas, mites, ticks, heartworms, or other animals that are harmful to the
29health of a domesticated animal; (ii) personal care products used to mitigate lice and bedbugs;
30(iii) indoor pest control products used to mitigate insects indoors, including ant bait and (iv) any 3 of 3
31products used by licensed or certified applicators for use in industrial, institutional, structural and
32health related pest control, as defined in 333 CMR 10.03.7.
33 SECTION 4. Section 10 of said chapter 132B, as so appearing, is hereby amended by
34inserting in line 61 after the word “management” the following words:- and the protection of
35pollinators from adverse effects of pesticide applications.
36 SECTION 5. Section 14 of said chapter 132B, as so appearing, is hereby amended by
37inserting after the word “inclusive”, in lines 9 and 10, the following words:- , section 6L.
38 SECTION 6. The Massachusetts Department of Transportation shall identify
39opportunities in the commonwealth for the replacement of non-native, cool-season turf grasses
40around solar energy installations on property owned by the department with native plant
41communities that include flowers, wildflowers, vegetables, weeds, herbs, ornamental plants,
42cover crops and legume species to attract honey bees and other pollinators.
43 SECTION 7. Sections 2 through 5, inclusive, shall take effect 6 months after the passage
44of this Act.