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 Chapter 252 of the General Laws is hereby repealed.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