Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H845 Compare Versions

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2	2	HOUSE DOCKET, NO. 1412 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 845
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kathleen R. LaNatra
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 establishing an ecologically-based mosquito management program in the Commonwealth
13	13	to protect public health.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Kathleen R. LaNatra12th Plymouth1/13/2023Lindsay N. Sabadosa1st Hampshire1/26/2023Jessica Ann Giannino16th Suffolk1/27/2023Vanna Howard17th Middlesex2/2/2023Adrian C. Madaro1st Suffolk2/6/2023Margaret R. Scarsdale1st Middlesex2/10/2023Colleen M. Garry36th Middlesex2/13/2023Denise C. Garlick13th Norfolk2/15/2023Paul McMurtry11th Norfolk2/15/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/21/2023James K. Hawkins2nd Bristol2/23/2023David Paul Linsky5th Middlesex3/6/2023 1 of 29
17	17	HOUSE DOCKET, NO. 1412 FILED ON: 1/18/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 845
19	19	By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 845) of
20	20	Kathleen R. LaNatra and others relative to establishing an ecologically-based mosquito
21	21	management program in the Commonwealth to protect public health. Environment and Natural
22	22	Resources.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act establishing an ecologically-based mosquito management program in the Commonwealth
29	29	to protect public health.
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
33	33	2 SECTION 1. Section 2 of chapter 21A of the General Laws is hereby amended by
34	34	3inserting after paragraph 30 the following paragraph:- (31) consistent with their statutory
35	35	4responsibilities, implement the ecologically-based mosquito management program established
36	36	5pursuant to Chapter 252A.
37	37	6 SECTION 2. Chapter 252 of the General Laws is hereby repealed.
38	38	7 SECTION 3. The General Laws are hereby amended by inserting after chapter 251 the
39	39	8following chapter:
40	40	9 CHAPTER 252A. ECOLOGICALLY-BASED MOSQUITO MANAGEMENT. 2 of 29
41	41	10 Section 1. As used in the chapter, the following words shall, unless the context clearly
42	42	11requires otherwise, have the following meanings:—
43	43	12 “Adulticiding”, the use of pesticides intended to kill adult mosquitoes.
44	44	13 “Biodiversity survey”, an accounting of the diversity, evenness, and richness of species
45	45	14relevant to mosquito management in a given area.
46	46	15 “Board”, the mosquito management board under section 4.
47	47	16 “Breeding history”, the level of larval and adult mosquito abundance in a given area.
48	48	17 “Council”, the governing body of a mosquito management district under section 7.
49	49	18 “Disease vector”, any species of mosquito which contributes to the amplification or
50	50	19transmission of any disease, including Eastern Equine Encephalitis or West Nile Virus, among
51	51	20human or non-human populations by injection of salivary gland fluid during biting.
52	52	21 “District”, a mosquito management district under section 7.
53	53	22 “Ecologically-based mosquito management” or EBMM, an ecologically sustainable
54	54	23approach to the management of mosquito populations combining cultural, physical, biological,
55	55	24and, when strictly necessary to protect public health, least-toxic chemical control strategies.
56	56	25EBMM prioritizes preventative measures, including surveillance, monitoring, and public
57	57	26education on eliminating breeding sites and taking personal protective action. EBMM involves
58	58	27the selection, integration, and implementation of mosquito control strategies based on predicted
59	59	28ecological, epidemiological, and economic consequences. EBMM seeks maximum use of
60	60	29naturally occurring mosquito controls, including weather, disease agents, predators, and
61	61	30parasitoids. In addition, EBMM utilizes various biological and physical controls and habitat 3 of 29
62	62	31modification techniques. Under EBMM, chemical controls are imposed as a last resort and only
63	63	32as required to keep a pest from surpassing tolerable population levels predetermined from
64	64	33accurate assessments of the ecological, public health, and economic costs of the control
65	65	34measures.
66	66	35 “Ecologically-based mosquito management plan” the long term plans developed by the
67	67	36mosquito management board and councils under sections 5 and 8.
68	68	37 “EEE”, Eastern Equine Encephalitis.
69	69	38 “Habitat manipulation”, an approach to reducing mosquito abundance by naturally
70	70	39altering the landscape. Habitat manipulation aims to create unfavorable conditions for mosquito
71	71	40populations, and favorable conditions for mosquito predators.
72	72	41 “Habitat quality”, the ability of the environment to provide conditions appropriate for the
73	73	42persistence of mosquito predators at the individual and population level.
74	74	43 “Larviciding”, the use of pesticides intended to kill larval or pupal mosquitoes.
75	75	44 “Low impact development”, development that incorporates best management practices to
76	76	45reduce impervious surfaces; preserve natural vegetation, soils, and hydrology; and reduce
77	77	46stormwater volumes and pollution. Low impact development practices include, but are not
78	78	47limited to, project designs that reduce the amount of impervious cover and retain natural
79	79	48drainage patterns. Low impact development practices are designed to infiltrate water into the
80	80	49ground or disperse it slowly through vegetation, avoiding ponding or other water retention that
81	81	50may create mosquito habitat. 4 of 29
82	82	51 “Nuisance”, mosquitoes which may cause irritation or discomfort to humans, but do not
83	83	52pose and are not expected in the immediately predictable future to pose a significant risk to
84	84	53public health.
85	85	54 “Pesticide”, a substance or mixture of substances intended for preventing, destroying,
86	86	55repelling, or mitigating any pest, and any substance or mixture of substances intended for use as
87	87	56a plant regulator, defoliant, or desiccant; provided, that the term “pesticide” shall not include any
88	88	57article that is a “new animal drug” within the meaning of section 201(w) of the federal food, drug
89	89	58and cosmetic act (21 U.S.C. Section 321 (v)), or that has been determined by the secretary of the
90	90	59United States Department of Health and Human Services to be a new animal drug by a regulation
91	91	60establishing conditions of use for the article, or that is an animal feed within the meaning of
92	92	61section 201(x) of such act (21 U.S.C. Section 321(w)).
93	93	62 “PFAS”, a class of fluorinated organic chemicals containing at least one fully fluorinated
94	94	63carbon atom.
95	95	64 “Secretary”, the secretary of the executive office of energy and environmental affairs.
96	96	65 “Sentinel species”, an animal species that may contract an arbovirus before the arbovirus
97	97	66spreads to the human population, or a species in which an arbovirus outbreak may be more
98	98	67widespread than it is in the human population. A sentinel species may serve as an indicator of the
99	99	68presence of the arbovirus in area mosquito populations.
100	100	69 “Source reduction”, a method of managing mosquitoes that relies on reducing or
101	101	70eliminating the ability of larval habitats to support the development of larvae, including removal
102	102	71of artificial sources of standing, stagnant water or the restoration of natural flows and wetland
103	103	72systems to improve access by predators, water quality, and overall aquatic health. 5 of 29
104	104	73 “Wetlands or wildlife ecologist”, an expert with a master’s or doctorate degree in wetland
105	105	74ecology, wildlife ecology, or a closely related field of ecological study.
106	106	75 Section 2. When it is necessary for the purpose of protecting public health or for other
107	107	76purposes to control or abate mosquitoes or greenhead flies, measures shall be taken as specified
108	108	77in this chapter. Nothing in this chapter shall prohibit a municipality from conducting its own
109	109	78mosquito or greenhead fly management program, except that no municipality shall conduct aerial
110	110	79spraying of adulticides or larvicides. Nothing in this chapter shall prohibit any resident from
111	111	80controlling or abating mosquitos or greenhead flies on his or her property.
112	112	81 Section 3. There is hereby established within the executive office of energy and
113	113	82environmental affairs a mosquito management office that shall be administered by the secretary.
114	114	83The secretary shall appoint all necessary employees within the mosquito management office,
115	115	84except as may be otherwise provided by law. The secretary shall direct the mosquito
116	116	85management office, consistent with state law and policies and directives of the board, to adopt,
117	117	86and from time to time amend, rules, regulations, procedures, standards, guidelines, and policies
118	118	87that shall constitute the Massachusetts ecologically-based mosquito management program.
119	119	88 Section 4. (a) There shall be in the mosquito management office a mosquito management
120	120	89board. The function of the board shall be to regulate and oversee all disease vector mosquito and
121	121	90related nuisance organism management activities in the commonwealth; to prepare an
122	122	91ecologically-based mosquito management plan and a state emergency arbovirus response plan; to
123	123	92review and certify ecologically-based mosquito management plans submitted by councils; to
124	124	93create policies and procedures for ecologically-based mosquito management to control vector-
125	125	94borne diseases; to authorize and carry out investigations and keep records; to carry out mosquito 6 of 29
126	126	95management programs in areas of the commonwealth outside of any mosquito management
127	127	96district; and to develop policies and procedures to insure that all mosquito management activities
128	128	97comply with the intent of section 5 of chapter 40; sections 1 through 63, inclusive, of chapter 91;
129	129	98section 105 of chapter 130 and sections 40 and 40A of chapter 131 as applicable; provided,
130	130	99however, the usual and customary activities associated with the state emergency arbovirus
131	131	100response plan or the ecologically based mosquito management plan of the state or of a council,
132	132	101as certified, shall not require filings or hearings under section 40 of chapter 131, but rather
133	133	102simple notice to the conservation commission of a municipality of proposed actions in any
134	134	103regulated wetland; and to carry out all other powers and functions granted to the board by this
135	135	104chapter.
136	136	105 (b) The board shall consist of (1) the following members or their designees: the
137	137	106commissioner of the department of environmental protection, who shall serve as chair; the
138	138	107commissioner of the department of public health; the commissioner of the department of
139	139	108agricultural resources; the commissioner of the department of fish and game; the director of the
140	140	109natural heritage and endangered species program of the division of fisheries and wildlife; and the
141	141	110director of the division of ecological restoration of the department of fish and game. (2) the
142	142	111following 5 members designated by the secretary: one person representing a statewide land
143	143	112conservation organization or a regional or statewide river protection organization; one person
144	144	113representing beekeepers; one person representing groups concerned about native pollinators; an
145	145	114expert in pesticides and mosquito control and an ecological risk assessor with a background in
146	146	115ecotoxicology. Each of these five designated members shall be designated for a term of four
147	147	116years, except for persons designated to fill vacancies, who shall serve for the unexpired term. 7 of 29
148	148	117Any member appointed under this clause shall be eligible for reappointment, so long as no
149	149	118specific member shall serve for more than 2 terms.
150	150	119 (c) The board members shall receive no additional compensation for service on the board,
151	151	120but shall be entitled to their reasonable traveling and other expenses incurred in the performance
152	152	121of their duties. The board may draw staff support from the departments represented with the
153	153	122consent of the respective commissioners.
154	154	123 (d) The board shall meet at the call of any 2 members or at the call of the board chair, but
155	155	124not less than 6 times annually. The board may elect a secretary and other officers as it finds
156	156	125necessary.
157	157	126 (e) The board may purchase, lease, or rent equipment and supplies to be used in
158	158	127performance of the board’s duties and to facilitate the ecologically-based management of
159	159	128mosquitoes. Such supplies may be made available to councils by petition to the board, but shall
160	160	129remain the property of the board.
161	161	130 (f) No member of the board shall have current or reasonably foreseeable conflicts, as
162	162	131defined by chapter 268A.
163	163	132 Section 5. (a) The board shall prepare a state ecologically-based mosquito management
164	164	133plan. Any action taken under this chapter shall be included in the state plan, in a district plan
165	165	134certified by the board pursuant to section 8, or in the state emergency arbovirus response plan
166	166	135pursuant to section 9. Before adoption of the state ecologically-based mosquito management
167	167	136plan, a public hearing shall be held by the board in each mosquito control district. The state
168	168	137ecologically-based mosquito management plan shall prioritize preventive action and non-
169	169	138pesticide control measures and shall include the management activities under this section. 8 of 29
170	170	139 (b) (1) The state ecologically-based mosquito management plan shall establish a public
171	171	140education and outreach campaign aimed at informing residents and businesses how to reduce
172	172	141mosquito breeding sites in and around their properties and the community at large, preventive
173	173	142measures individuals can take to protect themselves, and proper use of larvicides. The campaign
174	174	143shall be overseen by the board, with assistance from mosquito management councils. (2) The
175	175	144public education and outreach campaign shall inform residents of how mosquito-borne diseases
176	176	145are transmitted and the difference between nuisance and disease vector mosquitoes, inform
177	177	146residents of the environmental and health hazards associated with mosquito adulticides and
178	178	147larvicides, and advise residents how they can opt-out of adulticide applications. The public
179	179	148education and outreach campaign may include, but mot be not limited to, the following methods
180	180	149of public outreach: (i) a publicly accessible website and social media pages; (ii) campaign
181	181	150branded pamphlets, infographics, and fact sheets; (iii) public meetings and open houses; (iv)
182	182	151videotaped and digital presentations; (v) advertisements in public spaces; (vi) local public access
183	183	152television or other local media sources; (vii) inserts in utility bills; (viii) posting on the apiary
184	184	153program website of the division of agriculture resources; and (ix) in-state registration
185	185	154notifications for pesticide applicators.
186	186	155 (c) (1) The state ecologically-based mosquito management plan shall establish a program
187	187	156for trapping adult mosquitoes. Within mosquito management districts, trapping shall be overseen
188	188	157by the mosquito management councils. In areas of the commonwealth not within mosquito
189	189	158management districts, the board shall oversee trapping and testing of adult mosquitoes, pursuant
190	190	159to section 6. (2) Trapping shall occur during a time period corresponding with mosquito activity.
191	191	160The acting authority, whether the board or a mosquito management council, may, at its own
192	192	161discretion, change these dates based upon climatic conditions or other outstanding factors. Traps 9 of 29
193	193	162shall be placed at locations based on risk of disease spread. Mosquito counts from mosquito traps
194	194	163shall be recorded at regular intervals in a publicly accessible location, such as the board or
195	195	164council’s website. (3) Trapped mosquitoes may be tested for the following mosquito-borne
196	196	165diseases: (i) West-Nile Virus; (ii) Eastern Equine Encephalitis; (iii) Jamestown Canyon Virus;
197	197	166or (iv) other arboviruses of local or regional concern. (4) Based on positive findings of a
198	198	167mosquito-borne disease in tested mosquitoes, or at the discretion of the board, the board may test
199	199	168sentinel host species for the presence of mosquito-borne disease.
200	200	169 (d) (1) The state ecologically-based mosquito management plan shall establish a program
201	201	170for monitoring and mapping larval breeding sites. Within mosquito management districts,
202	202	171monitoring and mapping shall be overseen by the mosquito management councils. In areas not
203	203	172within mosquito management districts, the board shall oversee monitoring and mapping,
204	204	173pursuant to section 6. (2) The acting authority, whether the board or a mosquito management
205	205	174council, shall oversee the creation of a map of larval mosquito breeding sites within the
206	206	175commonwealth or mosquito management district that classifies breeding sites based on habitat
207	207	176quality and breeding history. The following classifications may shall be used: (i) Low quality
208	208	177ecological habitat and low breeding history; (ii) High quality ecological habitat and low breeding
209	209	178history; (iii) Low quality ecological habitat and high breeding history; and (iv) High quality
210	210	179ecological habitat and high breeding history. (3) The acting authority shall monitor larval
211	211	180mosquito populations on a regular interval using a diptest. Particular attention is to be paid to
212	212	181sites where known vector mosquitoes breed, and sites with low quality ecological habitat and
213	213	182high breeding history. The monitoring period shall correspond with mosquito activity in the area
214	214	183monitored. The acting authority may, at its own discretion, change these dates based upon
215	215	184climatic conditions or other outstanding factors. The map of larval mosquito breeding sites, their 10 of 29
216	216	185classification, and larval monitoring data shall be maintained in a publicly accessible location,
217	217	186such as the board or council’s website. (4) The acting authority shall regularly conduct an
218	218	187ecological analysis and biodiversity survey in mosquito larval breeding sites. Such a survey shall
219	219	188be conducted in consultation with a wetlands or wildlife ecologist. The acting authority shall
220	220	189work with the wetlands or wildlife ecologist to classify breeding sites based on habitat quality
221	221	190and breeding history, using the classifications listed in subsection (2) to characterize ecological
222	222	191health in the context of mosquito abundance and mosquito-borne disease transmission in the
223	223	192area. The assessment shall aim to further develop non-pesticidal management approaches to
224	224	193reduce mosquito populations. (5) The acting authority shall make all data and analysis analyses
225	225	194under this section available in a publicly accessible location, such as the board or council’s
226	226	195website within 10 business days of acquiring data, and completing analyses, classifications, and
227	227	196plans.
228	228	197 (e) (1) The state ecologically-based mosquito management plan shall employ source
229	229	198reduction and wetlands restoration as the preferred methods of managing mosquito populations.
230	230	199Within mosquito management districts, source reduction and wetlands restoration shall be
231	231	200overseen by the mosquito management councils in coordination with a wetlands or wildlife
232	232	201ecologist. In areas of the commonwealth not within mosquito management districts, the board
233	233	202shall oversee source reduction and wetlands restoration, pursuant to section 6. (2) Source
234	234	203reduction may include, but not be limited to, removal of tires, trash, abandoned containers or
235	235	204structures, and other sources of artificial standing water, and water management strategies to
236	236	205avoid and eliminate artificially created mosquito breeding areas such as use of low impact
237	237	206development techniques for stormwater management. (3) Wetlands restoration shall be designed
238	238	207to restore natural flows, improve water quality and fish access, mosquito predator access, and 11 of 29
239	239	208increase overall wetland ecosystem diversity and function. Wetlands restoration may include, but
240	240	209not be limited to, upgrading culverts, removing dams, and otherwise restoring degraded
241	241	210wetlands. All wetlands restoration must comply with applicable federal, state, and local laws.
242	242	211The state ecologically-based mosquito management plan shall include the involvement of local
243	243	212conservation commissions and the division of ecological restoration in wetlands restoration
244	244	213projects.
245	245	214 (f) (1) The state ecologically-based mosquito management plan shall provide for the
246	246	215mitigation activities described in this subsection. Within mosquito management districts,
247	247	216mitigation activities shall be overseen by the mosquito management councils. In areas of the
248	248	217commonwealth not within mosquito management districts, the board shall oversee the provision
249	249	218of these mitigation activities, pursuant to section 6. (2) (i) The state ecologically-based mosquito
250	250	219management plan shall establish scientifically based and quantifiable thresholds for larvicide use
251	251	220and shall provide for the application of larvicides based on the monitoring of breeding sites.
252	252	221Particular attention is to be paid to sites where known vector mosquitoes breed, and sites with
253	253	222low quality ecological habitat and high breeding history. (ii) Larvicides shall not be used to
254	254	223manage nuisance mosquito populations and may be used only when source reduction and
255	255	224wetlands restoration have not been effective in abating disease risk. When applying larvicides,
256	256	225the applying authority, whether the board or a mosquito management council, shall select the
257	257	226larvicide that poses the least risk to human health and the environment, while remaining
258	258	227effective. Preference is given to larvicides that are certified by the Organic Materials Review
259	259	228Institute or classified under the Environmental Protection Agency’s minimum risk pesticide
260	260	229program. (iii) Aerial application of any larvicide is prohibited. (3) (i) The state ecologically-
261	261	230based mosquito management plan shall provide that mosquito adulticides are considered the 12 of 29
262	262	231most dangerous and least effective method of reducing nuisance and vector mosquito
263	263	232populations. Adulticides shall not be used to manage nuisance mosquito populations, and shall
264	264	233only be considered following the detection of a mosquito-borne pathogen in mosquito or sentinel
265	265	234species. (ii) The state ecologically-based mosquito management plan shall establish
266	266	235scientifically based and quantifiable thresholds for adulticide use based on the risk of mosquito-
267	267	236borne disease transmission. (iii) Following the detection of a mosquito-borne pathogen in an
268	268	237adult mosquito or sentinel species, the acting authority, whether the board or a mosquito
269	269	238management council, shall take the following actions: (A) notify the public and increase public
270	270	239education and outreach, emphasizing personal protection measures; (B) begin or increase the
271	271	240trapping of adult mosquitoes in the area of detection; (C) begin or increase larval monitoring and
272	272	241management in the area of detection; (D) prioritize further testing for mosquito-borne diseases in
273	273	242the area of detection; and (E) consider non-pesticidal management approaches to reduce
274	274	243mosquito populations in the area of detection. (iv) Following the detection of a mosquito-borne
275	275	244pathogen in an adult mosquito or sentinel species, if the established threshold has been met, the
276	276	245acting authority may consider the ground application of adulticide using a backpack applicator,
277	277	246provided that the backpack-applied adulticide application occurs only within the immediate area
278	278	247of detection and the backpack-applied adulticide is the least toxic adulticide available. Preference
279	279	248shall be given to adulticides that are certified by the Organic Materials Review Institute or
280	280	249classified under the Environmental Protection Agency’s minimum risk pesticide program. (v) If
281	281	250monitoring and trapping data indicate a broader concern of mosquito-borne disease in the
282	282	251community, and education, prevention, habitat manipulation, larviciding, and backpack-applied
283	283	252adulticiding have all been attempted and determined insufficient to address an immediate threat
284	284	253to public health from mosquito-borne disease, the acting authority may, based on alignment with 13 of 29
285	285	254an established threshold, consider the truck-mounted ground application of a mosquito
286	286	255adulticide, provided the application occur within the most limited area possible to achieve
287	287	256effective reduction in adult vector mosquitoes. If necessary to protect public health, the truck-
288	288	257applied adulticide need not be certified by the Organic Materials Review Institute or be classified
289	289	258under the Environmental Protection Agency’s minimum risk pesticide program, but it shall be
290	290	259the least toxic adulticide that will be effective in mitigating disease risk. (vi) The acting
291	291	260authority shall increase monitoring and trapping following the application of a mosquito
292	292	261adulticide, and shall work with a wetlands or wildlife ecologist to characterize the impacts
293	293	262adulticide use had on the ecological health of the habitat where the adulticide was applied. (vii)
294	294	263Aerial application of any adulticide is prohibited. (viii) Any application of a mosquito adulticide
295	295	264shall be performed by a certified pesticide applicator.
296	296	265 (g) (1) The ecologically-based management plan shall include: (i) a determination by the
297	297	266Natural Heritage and Endangered Species Program in the department of fish and game that the
298	298	267plan proposed will result in no alteration, as defined under chapter 131A, to any priority habitat
299	299	268or take of rare, threatened, endangered, or species of special concern state or federally listed
300	300	269species; and (ii) reasonable measures by the board to assure that the plan proposed will avoid
301	301	270hazardous effects on human health and the environment, including effects to soils, sediments,
302	302	271surface waters, groundwater or any ocean sanctuary under sections 13 through 16 and 18 of
303	303	272chapter 132A. (h) The board shall review and revise the state ecologically based mosquito
304	304	273management plan whenever useful or necessary, but no less frequently than every 3 years.
305	305	274 Section 6. (a) (1) In carrying out the provisions of this chapter, the board may employ
306	306	275necessary engineers, scientists, assistants, or other agents, who may enter on premises that the
307	307	276board desires to survey or examine. The board may provide technical assistance to any council in 14 of 29
308	308	277the development and implementation of an ecologically-based mosquito management program.
309	309	278(2) The board shall carry out field investigations and other determinations of the need, method,
310	310	279and procedures for managing mosquitoes as deemed advisable, including all significant potential
311	311	280health and environmental impacts of the proposed management measures. Board members and
312	312	281their agents are authorized to enter or examine at any reasonable time those premises which the
313	313	282board considers necessary to carry out its responsibilities.
314	314	283 (b) (1) The board shall provide a menu of services to municipalities that are not members
315	315	284of mosquito control districts, with reasonable fees for each service selected by the municipality.
316	316	285This menu shall include public education and outreach, surveillance of adult mosquitoes,
317	317	286monitoring and mapping of larval breeding sites, source reduction and wetlands restoration, and
318	318	287larviciding and adulticiding services, subject to the state ecologically-based mosquito
319	319	288management plan. (2) A municipality may opt in to receiving any of the services under clause
320	320	289(1) by approval of its legislative body and notification to the board and the municipality’s
321	321	290conservation commission. In opting in to larviciding or adulticiding services, a municipality may
322	322	291impose additional restrictions not included in the state ecologically-based mosquito management
323	323	292plan on the timing, location, or manner of application of larviciding or adulticiding. A
324	324	293municipality that has opted in to receiving any service may opt out at any time by approval of its
325	325	294legislative body. The fee charged for each service shall pay the full cost of the service. Any
326	326	295funds received for this purpose in excess of those required to provide the requested services shall
327	327	296be returned to the purchasing municipality. At least once per year, or more frequently if
328	328	297requested by a municipality, the board shall provide each municipality an accounting of the fees
329	329	298charged to the municipality that year. (3) All amounts for which a municipality may be liable in 15 of 29
330	330	299connection with the above may be contributed by persons or bodies politic benefited by the
331	331	300services in proportion to their respective benefits or otherwise.
332	332	301 Section 7. (a) Any municipality or 2 or more municipalities, may, by obtaining
333	333	302certification of the board, become a mosquito management district. The district shall be titled the
334	334	303mosquito management district. Notice of the formation of a district must be filed with the
335	335	304secretary of state and the board with a description of the proposed boundaries of the district.
336	336	305 (b) A council shall be established for each district and shall be called the mosquito
337	337	306management council. The council is declared to be the corporate authority of the district and
338	338	307shall exercise all the powers and control all of the affairs and property of the district. Any
339	339	308mosquito management council shall be composed of at least 5 members, all of whom must either
340	340	309live or work in the district. The members of the council are to be appointed by the mosquito
341	341	310management board and shall comprise: 1 person who represents an environmental protection or
342	342	311conservation organization or a municipal conservation commission; 1 person who is a member of
343	343	312a municipal board of health or a health care provider; 1 person who represents the executive
344	344	313office of a municipality; and 2 citizens at large preferably with some background in engineering,
345	345	314law, chemistry, biology, or any other experience or education that would have relevance to
346	346	315mosquito control and management.
347	347	316 (c) The mosquito management board shall monitor the operations of the councils and
348	348	317shall require adherence to this act and to each council's certified ecologically-based mosquito
349	349	318management plan.
350	350	319 (d) (1) Each district council shall appoint a superintendent who shall be a person of skill
351	351	320and experience or knowledge in the field of mosquito management and who shall be committed 16 of 29
352	352	321to the use of ecologically-based mosquito management. The district superintendent, with the
353	353	322approval of the council, shall be empowered to hire sufficient staff and employees and purchase
354	354	323materials to fulfill the requirements of the council's certified ecologically based mosquito
355	355	324management plan. Employees and staff of the council shall not be subject to the provisions of
356	356	325section 9A of chapter 30, and chapter 31. (2) The superintendent shall keep regular records of all
357	357	326proceedings and financial affairs, which shall be open to inspection by the board or by the
358	358	327council at all times; and by the public at reasonable hours. The council shall have ultimate
359	359	328responsibility for the efficient financial and sound environmental management of the district and
360	360	329shall be required, at the discretion of the board, to audit its finances and submit said audit to the
361	361	330board for its review and oversight.
362	362	331 (e) The federal government, the commonwealth or its municipalities, or their
363	363	332administrative agencies, not members of a mosquito management district, may request mosquito
364	364	333or greenhead fly management services from the district, which the council may provide at a fee,
365	365	334which shall pay the full cost of the mosquito or greenhead fly management services. The
366	366	335recipient of the services shall pay the full fee. Any funds received for this purpose in excess of
367	367	336those required to provide the requested services shall be returned to the purchaser.
368	368	337 (f) (1) The council shall provide a menu of services to participating municipalities, with
369	369	338reasonable fees for each service selected by the municipality. This menu shall include public
370	370	339education and outreach, surveillance of adult mosquitoes, monitoring and mapping of larval
371	371	340breeding sites, source reduction and wetlands restoration, and larviciding and adulticiding
372	372	341services to all municipalities within the district, subject to the district’s certified ecologically
373	373	342based mosquito management plan. (2) A municipality may opt in to receiving any of the above
374	374	343services by approval of its legislative body and notification to the council and the municipality’s 17 of 29
375	375	344conservation commission. In opting in to larviciding or adulticiding services, a municipality may
376	376	345impose additional restrictions not included in the district ecologically based mosquito
377	377	346management plan on the timing, location, or manner of application of larviciding or adulticiding.
378	378	347A municipality that has opted in to receiving any service may opt out at any time. The fee
379	379	348charged for each service shall pay the full cost of the service. Any funds received for this
380	380	349purpose in excess of those required to provide the requested services shall be returned to the
381	381	350purchasing municipality. At least once per year, or more frequently if requested by a
382	382	351municipality, the council shall provide each municipality an accounting of the fees charged to the
383	383	352municipality that year. (3) All amounts for which a municipality may be liable in connection
384	384	353with the receipt of services under this section may be contributed by persons or bodies politic
385	385	354benefited by the services in proportion to their respective benefits or otherwise. (4) The cost of
386	386	355district services may be shared by the board if the board deems, and in proportion as the board
387	387	356determines, that the service is in the larger interest of the commonwealth.
388	388	357 Section 8. (a) Within 90 days from the formulation of the board's ecologically-based
389	389	358management plan, or from the establishment of a district, the council shall develop and submit to
390	390	359the board an ecologically-based mosquito management plan. The district's ecologically-based
391	391	360plan shall be constituted either by adopting the board's ecologically-based mosquito management
392	392	361plan, or the board's plan with modifications. The district’s ecologically-based plan shall not
393	393	362authorize the use of adulticides, larvicides, or other pesticides when such use is prohibited by law
394	394	363or by the state ecologically-based mosquito management plan. The board shall be allowed 30
395	395	364days to approve, disapprove, or modify the district's plan. If the board disapproves or requires
396	396	365amendment of the plan submitted by the council, the council shall have 30 days to make those
397	397	366amendments and resubmit the plan to the board for certification. In disapproving or requiring 18 of 29
398	398	367amendment of the plan submitted by the council, the board shall clearly state the areas of the
399	399	368plan that were deficient and what the deficiencies of the plan were. The plan shall be adopted for
400	400	369the district upon certification by the board. Thereafter the plan shall be reviewed, amended if
401	401	370necessary, and submitted for recertification no less than every 3 years, or more frequently if the
402	402	371council chooses.
403	403	372 (b) With the prior written certification of the board of the district's ecologically-based
404	404	373mosquito management plan, as provided for in this section, the council shall have the power to
405	405	374take all necessary or proper steps for the management of mosquitoes within the district subject to
406	406	375the provisions of this chapter; to purchase supplies and materials and to employ labor, assistants,
407	407	376scientists, or consultants as may be necessary or proper in furtherance of the objectives of the
408	408	377same; and generally to do all things, subject to the provisions of this chapter, necessary or
409	409	378incident to powers hereby granted and to carry out the objectives specified herein.
410	410	379 (c) (1) Any action taken under this chapter shall be included in the district’s ecologically-
411	411	380based mosquito management plan. Before adoption of a district ecologically-based mosquito
412	412	381management plan, a public hearing shall be held by the council. A hearing required by a federal,
413	413	382state, or municipal agency on the program shall be sufficient for purposes of this section. In
414	414	383addition to the details of management activities the ecologically-based management plan shall
415	415	384include: (i) A determination by the Natural Heritage and Endangered Species Program in the
416	416	385department of fish and game that the plan proposed will result in no alteration, as defined under
417	417	386chapter 131A, to any priority habitat or take of rare, threatened, endangered, or species of special
418	418	387concern state or federally listed species; and (ii) reasonable measures by the council to assure
419	419	388that the plan proposed will avoid hazardous effects on human health and the environment, 19 of 29
420	420	389including effects to soils, sediments, surface waters, groundwater or any ocean sanctuary under
421	421	390sections 13 through 16 and 18 of chapter 132A.
422	422	391 Section 9. (a) The board shall complete an emergency arbovirus response plan to be
423	423	392exercised by the commissioner of the department of public health under this section. The
424	424	393emergency response plan shall specify scientifically based and quantifiable thresholds for
425	425	394determining the existence of an ongoing arbovirus public health emergency. The emergency
426	426	395arbovirus response plan shall specify the mosquito management measures to be used in case of
427	427	396an ongoing arbovirus public health emergency and shall specify procedures for coordination
428	428	397among state agencies, municipal governments, the board, and the mosquito management
429	429	398districts. The emergency arbovirus response plan shall not authorize the aerial application of any
430	430	399adulticide or larvicide.
431	431	400 (b) Before adoption of the emergency response plan, a public hearing shall be held by
432	432	401the board in each of the existing mosquito control districts. The emergency response plan shall
433	433	402be reviewed and revised whenever useful or necessary, but no less than every 3 years.
434	434	403 (c) The state emergency response plan shall be exercised only after a public health
435	435	404emergency is declared by the governor of the commonwealth on the recommendation of the
436	436	405commissioner of the department of public health and the board that the thresholds of the
437	437	406emergency response plan have been met. Such recommendation shall be accompanied by a
438	438	407public document detailing the evidence and the basis for the judgment that a public health
439	439	408emergency exists, the target organism, the expected management agents or chemicals and
440	440	409procedures to be used, and the areas to be so treated. 20 of 29
441	441	410 (d) Following a declaration of a public health emergency by the governor of the
442	442	411commonwealth, the emergency response plan shall be exercised by the commissioner of the
443	443	412department of public health. The board and the district councils shall act under the direction of
444	444	413the commissioner of the department of public health during the state of public health emergency.
445	445	414The costs incurred by the board or any councils due to the exercise of the emergency response
446	446	415plan shall be paid by the commonwealth.
447	447	416 (e) The state of public health emergency shall be terminated automatically after 60 days,
448	448	417or by a declaration by the governor of the commonwealth. If the public health emergency is not
449	449	418resolved within 60 days, a subsequent declaration of public health emergency may be made,
450	450	419pursuant to the requirements of this section for making such declaration.
451	451	420 (f) In exercising the emergency arbovirus response plan, the notification and opt-out
452	452	421provisions of sections 10 and 11 shall continue to apply.
453	453	422 (g) (1) Following any declaration of an arbovirus public health emergency under this
454	454	423section and within 30 days after termination of the emergency, the commissioner of the
455	455	424department of public health shall complete and make available on the department’s website for
456	456	425the public record a report of actions taken during the emergency, including, at a minimum: (i)
457	457	426the target organism or organisms, their estimated population size, records of EEE or other
458	458	427mosquito-borne disease prevalence and infection rate, rainfall and temperature data, and an
459	459	428analysis of the geographic patterns indicated by these data, both prior to and following
460	460	429management activities; (ii) agents, chemicals, or source reduction activities used in the
461	461	430treatment, and times, rates and means of application; (iii) records of incidence of EEE or other
462	462	431mosquito-borne diseases and the effectiveness of the treatment in preventing the disease or 21 of 29
463	463	432diseases, the total number of confirmed human cases of EEE or other mosquito-borne diseases,
464	464	433the total number of horses and other animals confirmed as having been affected by EEE or other
465	465	434mosquito-borne diseases, the number of deaths in humans and other animals, the kinds of illness
466	466	435and disabilities, noting term and nature of sickness, recuperation, and rehabilitation in humans;
467	467	436(iv) effects of the treatments on soils and water, and on flora and fauna of the areas treated
468	468	437including pesticide incidents reported to apiary program of the division of agriculture resources
469	469	438and at their apiary and pesticide locator map and other areas affected; (v) maps of the area
470	470	439treated with indications on the maps of localities treated; and (vi) any recommendations for
471	471	440changes in regulations or procedures for future interventions. All actions taken under the
472	472	441authority of this section shall be designed to protect public health while minimizing any adverse
473	473	442effect to the environment.
474	474	443 Section 10. (a) At least 72 hours prior to the application of any adulticide, the authority
475	475	444overseeing such application, whether the board, a district council, or the commissioner of the
476	476	445department of public health, shall provide notice of the methods to be employed, including: the
477	477	446product to be applied; the locations, dates, and times of application; and any health risks and
478	478	447adverse environmental impacts associated with the product.
479	479	448 (b) Notice shall be provided to all residents within ½ mile of the planned adulticide
480	480	449application. Notice shall be provided through, at a minimum, any municipal emergency
481	481	450notification or community alert service, such as “CodeRED,” announcements in local
482	482	451newspapers or other press, and the website and social media feeds of the affected municipalities.
483	483	452Direct notice shall also be provided to: (i) the executive office of the affected municipality or
484	484	453municipalities; (ii) appropriate local and regional boards and commissions, including boards of
485	485	454health and conservation commissions; (iii) schools, child care centers, and school age child care 22 of 29
486	486	455programs within ½ mile of the planned adulticide application; (iv) property owners within ½
487	487	456mile of the planned adulticide application who have opted out of spraying based on exclusions
488	488	457pursuant to applicable regulations governing pesticide application; (v) agricultural entities
489	489	458including beekeepers, cranberry growers, certified organic farms and aquaculture facilities within
490	490	459½ mile of the planned adulticide application; and (vi) any other person within ½ mile of the
491	491	460planned adulticide application who informs the board through a form made available on the
492	492	461board’s website that they wish to be informed of adulticide spraying in their region.
493	493	462 (c) Notice shall include, or direct recipients to the online location of, an educational fact
494	494	463sheet about the planned spraying, including the adulticide’s label and Material Safety Data Sheet,
495	495	464further information about the risks posed by the adulticide, specific precautions residents may
496	496	465take to avoid exposure to the adulticide or deposition of the adulticide on sensitive private
497	497	466property, including gardens and children’s play equipment, as well as personal protective
498	498	467measures and other preventative actions residents can take to reduce mosquito-borne disease
499	499	468transmission.
500	500	469 (d) If adulticide application must be postponed due to weather conditions, notice
501	501	470provided before application shall remain in effect for 48 hours following the improvement of
502	502	471such weather conditions if postponement of spraying would extend beyond the dates indicated in
503	503	472the initial notice; provided, however, that, to the extent reasonably possible, the board shall make
504	504	473a good faith effort to inform the public of any changes to the application schedule.
505	505	474 Section 11. (a) The board shall maintain a “no spray list” and provide an online form on
506	506	475its website allowing residents to opt out of the application of adulticides. Residents on the “no 23 of 29
507	507	476spray list” shall be notified via reasonable means that they are on the list, and shall be reminded
508	508	477each year following, via reasonable means, that they remain on the “no spray list.”
509	509	478 (b) State registered beekeepers and certified organic farms shall be automatically placed
510	510	479on the “no spray list”, and shall be notified through reasonable means that they are on the list.
511	511	480 (c) Residents on the “no spray list” shall not have an adulticide applied within 300 feet of
512	512	481their property line.
513	513	482 (d) Any municipality may opt out of adulticide application conducted under section 9 by
514	514	483approval of its legislative authority, provided that the municipality opts in to receiving public
515	515	484education and outreach and surveillance of adult mosquitoes from either the board or a mosquito
516	516	485management district.
517	517	486 Section 12. Each year, the board and each council shall work alongside a wetlands or
518	518	487wildlife ecologist and other relevant experts to review the effectiveness of the board or council’s
519	519	488mosquito control program and publish the findings in a report. The report shall include successes
520	520	489and failures of the past year; a survey of the experience of state registered beekeepers and
521	521	490certified organic farms; records of the location, rates, and time of application of any chemical or
522	522	491biological pesticides applied that year; and additional steps the board or council will consider to
523	523	492further reduce reliance on pesticide use and improve local ecological capacity to naturally
524	524	493manage nuisance and vector mosquitoes. Findings in the report are to be made available in a
525	525	494publicly accessible location, such as the board or council’s website.
526	526	495 Section 13. (a) A district council that determines it is necessary to control greenhead flies
527	527	496within the district shall create a greenhead fly management plan. The plan shall specify the
528	528	497monitoring and mitigation activities that will be undertaken to control greenhead flies. The plan 24 of 29
529	529	498shall specify how the costs of controlling greenhead flies are to be allocated among the member
530	530	499municipalities of the district. All greenhead fly control activities shall be carried out according to
531	531	500the district’s plan.
532	532	501 (b) Before adoption of a district greenhead fly management plan, a public hearing shall
533	533	502be held by the council. A hearing required by a federal, state, or municipal agency on the
534	534	503program will suffice for purposes of this section. In addition to the details of management
535	535	504activities the greenhead fly management plan shall include: (i) a determination by the Natural
536	536	505Heritage and Endangered Species Program in the department of fish and game that the plan
537	537	506proposed will result in no alteration, as defined under chapter 131A, to any priority habitat or
538	538	507take of rare, threatened, endangered, or species of special concern state or federally listed
539	539	508species; and (ii) reasonable measures by the council to assure that the plan proposed will avoid
540	540	509hazardous effects on human health and the environment, including effects to soils, sediments,
541	541	510surface waters, groundwater or any ocean sanctuary under sections 13 through 16 and 18 of
542	542	511chapter 132A.
543	543	512 (c) The greenhead fly management plan shall not authorize the use of any chemical
544	544	513pesticide other than attractants, such as octenol, used to bait traps.
545	545	514 Section 14. (a) No pesticide containing PFAS shall be used as part of any mosquito or
546	546	515greenhead fly control activity conducted pursuant to this chapter. This prohibition includes
547	547	516pesticides that contain PFAS as an inactive or inert ingredient.
548	548	517 (b) No pesticide shall be used as part of any mosquito or greenhead fly control activity
549	549	518conducted pursuant to this chapter unless the department of environmental protection has tested a
550	550	519sample of the pesticide and certified that the pesticide does not contain PFAS. This testing 25 of 29
551	551	520requirement shall not apply to a pesticide used during an arbovirus public health emergency
552	552	521pursuant to section 9 as long as (1) the commissioner of the department of public health
553	553	522determines that it is infeasible to test the pesticide prior to application in response to the
554	554	523arborvirus public health emergency and (2) there are no equally or more effective pesticides
555	555	524available for use that the department of environmental protection has already tested and certified
556	556	525as not containing PFAS.
557	557	526 Section 15. (a) Any person aggrieved by a determination by the board or any council,
558	558	527including any party to a complaint and investigation under section 17, may request an
559	559	528adjudicatory hearing before the board under the provisions of chapter 30A. The determination
560	560	529shall contain a notice of right to request a hearing and may specify a time limit, not to exceed 21
561	561	530days, within which persons may request a hearing before the board under the provisions of
562	562	531chapter 30A. If no such request is timely made, the determination shall be deemed assented. If a
563	563	532timely request is received, the board shall within a reasonable time hold a hearing and comply
564	564	533with the provisions of chapter 30A. In a hearing so held the board shall designate a hearing
565	565	534officer to preside over the hearing, to assemble an official record thereof, and to render a
566	566	535tentative decision as provided in paragraph (7) of section 11 of chapter 30A. The board shall
567	567	536make the final decision on the basis of the official record and tentative decision so rendered.
568	568	537 (b) If in making a determination which may be the subject of an adjudicatory hearing the
569	569	538board finds that an imminent hazard or an unreasonable adverse effect on the environment could
570	570	539result pending the conclusion of adjudicatory hearing, the board may order that the determination
571	571	540shall become provisionally effective and enforceable immediately upon issuance, and shall
572	572	541remain so notwithstanding and until the conclusion of any adjudicatory hearing procedures 26 of 29
573	573	542timely requested. In the event that the department has thus made a determination provisionally
574	574	543effective, it may later, at its discretion, shorten the duration of or waive the order.
575	575	544 (c) A person aggrieved by a final adjudicatory determination of the board may obtain
576	576	545judicial review thereof pursuant to the provisions of chapter 30A.
577	577	546 Section 16. Whenever any council commences any mosquito management activity not
578	578	547permitted by the certified district ecologically-based mosquito management plan, including the
579	579	548use of pesticides when not permitted by the certified district ecologically-based mosquito
580	580	549management plan, or violates any rule or regulation of the board, the board shall have the power
581	581	550by written notice to order the violator to cease and desist immediately. If the violator does not
582	582	551conform to the board's order, the board may bring prosecution in the district court of the state.
583	583	552The board, without being required to enter into any recognizance or to give surety for cost, may
584	584	553institute proceedings in the name of the state. It shall be the duty of the attorney general to
585	585	554conduct the prosecution of the proceedings brought by the board. The board may obtain relief in
586	586	555equity or by prerogative writ whenever that shall be necessary for the proper performance of
587	587	556those duties.
588	588	557 Section 17. The board shall establish a process by which residents of the commonwealth
589	589	558may file complaints alleging violations of the provisions of this chapter or of the provisions of
590	590	559the ecologically-based mosquito management plan of the board or any district. The process for
591	591	560filing complaints shall, at a minimum, include a telephone hotline and allow for the submission
592	592	561of written complaints. Within 60 days of receiving a complaint, the board shall investigate and
593	593	562make a determination as to whether any violation has occurred and whether any action is
594	594	563required to remedy the violation or prevent such violation from occurring again. The board shall 27 of 29
595	595	564maintain a publicly accessible online docket of complaints received, the outcome of its
596	596	565investigations, and any actions taken.
597	597	566 Section 18. Any municipality not a part of an existing district may be annexed by
598	598	567approval of the municipality’s legislative body to a district upon approval by the district’s
599	599	568council.
600	600	569 Section 19. Any municipality or subdivision thereof which lies within a district may be
601	601	570disconnected from the district in accordance with the district’s separate governing enabling act,
602	602	571voluntary trust, or other legal instrument, by the decision of its legislative body.
603	603	572 Section 20. Any district organized under the provisions of this act may be dissolved and
604	604	573discontinued by appropriate action of either the board or the council, or as provided in the
605	605	574district’s governing enabling act, voluntary trust, or other legal instrument. Notice of dissolution
606	606	575shall be filed with the secretary of the commonwealth and the board.
607	607	576 Section 21. All meetings of the board or councils shall comply with the provisions of the
608	608	577open meeting laws under sections 18 through 25, inclusive of chapter 30A. All regular board or
609	609	578council meetings shall be open to the public and all resolutions, actions, and records of its
610	610	579proceedings shall be open to public view.
611	611	580 Section 22. The board shall provide a report to the house and senate committees on ways
612	612	581and means and the committee on environment, natural resources and agriculture by April first
613	613	582each year detailing all encumbrances, expenditures, and projected expenditures of funds and
614	614	583providing projections for needs and associated costs for the next fiscal year. 28 of 29
615	615	584 SECTION 4. The current mosquito control projects known by their identifying names as
616	616	585the Berkshire county mosquito control project, the Bristol county mosquito control project, the
617	617	586Cape Cod mosquito control project, the central Massachusetts mosquito control project, the
618	618	587Dukes county mosquito control project, the east Middlesex mosquito control project, the Norfolk
619	619	588county mosquito control project, the northeast Massachusetts mosquito control and wetlands
620	620	589management district, the Pioneer Valley mosquito control district, the Plymouth county mosquito
621	621	590control project, and the Suffolk county mosquito control project may remain in existence if a
622	622	591project obtains certification from the mosquito management board that the project fulfills the
623	623	592provisions of section 7 of chapter 252A of the General Laws, inserted by this act. Existing
624	624	593superintendents, and existing staff and employees of the projects may continue in their present
625	625	594capacity, subject to adherence to the regular conditions of workplace and employment, provided
626	626	595that the superintendents, staff and employees shall meet the conditions of subsection (d) of said
627	627	596section 7. Commissioners of these projects and their employees may continue in their capacity
628	628	597under their existing terms of appointment, as members or employees of the newly formed
629	629	598councils, and may be reappointed as members of the councils, provided they meet the criteria for
630	630	599membership established by said section 7. The board shall arrange for an orderly transition of
631	631	600such mosquito control districts and mosquito control projects in compliance with said chapter
632	632	601252A.
633	633	602 SECTION 5. The mosquito management board shall complete the state ecologically-
634	634	603based mosquito management plan under section 5 of chapter 252A of the General Laws and the
635	635	604emergency arbovirus response plan under section 9 of said chapter 252A within 6 months of the
636	636	605enactment of this act. 29 of 29
637	637	606 SECTION 6. Section 14 of chapter 252A of the General Laws shall be effective 1 year
638	638	607from the passage of this act.
639	639	608 SECTION 7. The remainder of this act shall take effect upon its passage.