Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H742 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3158 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 742
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James C. Arena-DeRosa
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 to protect Massachusetts pollinators.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 3158 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 742
18	18	By Representative Arena-DeRosa of Holliston, a petition (accompanied by bill, House, No. 742)
19	19	of James C. Arena-DeRosa and others relative to the use and protection of pollinators by further
20	20	regulating the spraying, release, deposit or application of a neonicotinoid on certain agricultural
21	21	land. Environment and Natural Resources.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 896 OF 2021-2022.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Third General Court
27	27	(2023-2024)
28	28	_______________
29	29	An Act to protect Massachusetts pollinators.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Section 2 of chapter 132B of the General Laws, as appearing in the 2018
33	33	2Official Edition, is hereby amended by inserting after the definition of “Nematode” the following
34	34	3definition:-
35	35	4 “Neonicotinoid,” a pesticide belonging to the neonicotinoid class of chemicals which act
36	36	5selectively on nicotine acetylcholine receptors of organisms and are absorbed into plant tissue
37	37	6and can be present in pollen and nectar, including but not limited to, imidacloprid, acetamiprid,
38	38	7clothianidin, dinotefuran, nithiazine, nitenpyram, thiacloprid, and thiamethoxam and any other
39	39	8pesticide identified as a neonicotinoid by the United States Environmental Protection Agency. 2 of 3
40	40	9 SECTION 2. Section 6 of said chapter 132B, as so appearing, is hereby amended by
41	41	10inserting after the second paragraph the following paragraph:-
42	42	11 No person shall distribute a neonicotinoid, or any substance containing a neonicotinoid,
43	43	12except a neonicotinoid-treated nursery plant, to any person except a certified commercial
44	44	13applicator, a certified private applicator, or a licensed applicator.
45	45	14 SECTION 3. Said chapter 132B, as so appearing, is hereby amended by inserting after
46	46	15section 6K the following section:-
47	47	16 Section 6L. (a) Neonicotinoids shall only be sprayed, released, deposited or applied on
48	48	17any property within the commonwealth by a certified commercial applicator, certified private
49	49	18applicator or licensed applicator.
50	50	19 (b) Upon entering into an agreement to provide services that include application of
51	51	20neonicotinoids, a certified commercial applicator, certified private applicator, or licensed
52	52	21applicator shall provide to property owners the following: (i) a form authorizing the applicator to
53	53	22apply neonicotinoids; (ii) a copy of any warning statements concerning bees on the label of
54	54	23neonicotinoids being applied; and (iii) an acknowledgment signifying that the owner has
55	55	24received and understands this information. This subsection shall not apply to any certified
56	56	25commercial applicator, certified private applicator, or licensed applicator using a neonicotinoid
57	57	26on property that he or she owns.
58	58	27 (c) The subsections (a) and (b) shall not apply to the following products: (i) pet care
59	59	28products used to mitigate fleas, mites, ticks, heartworms, or other animals that are harmful to the
60	60	29health of a domesticated animal; (ii) personal care products used to mitigate lice and bedbugs;
61	61	30(iii) indoor pest control products used to mitigate insects indoors, including ant bait and (iv) any 3 of 3
62	62	31products used by licensed or certified applicators for use in industrial, institutional, structural and
63	63	32health related pest control, as defined in 333 CMR 10.03.7.
64	64	33 SECTION 4. Section 10 of said chapter 132B, as so appearing, is hereby amended by
65	65	34inserting in line 61 after the word “management” the following words:- and the protection of
66	66	35pollinators from adverse effects of pesticide applications.
67	67	36 SECTION 5. Section 14 of said chapter 132B, as so appearing, is hereby amended by
68	68	37inserting after the word “inclusive”, in lines 9 and 10, the following words:- , section 6L.
69	69	38 SECTION 6. The Massachusetts Department of Transportation shall identify
70	70	39opportunities in the commonwealth for the replacement of non-native, cool-season turf grasses
71	71	40around solar energy installations on property owned by the department with native plant
72	72	41communities that include flowers, wildflowers, vegetables, weeds, herbs, ornamental plants,
73	73	42cover crops and legume species to attract honey bees and other pollinators.
74	74	43 SECTION 7. Sections 2 through 5, inclusive, shall take effect 6 months after the passage
75	75	44of this Act.