Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2939 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 3375 FILED ON: 8/12/2024
3	3	SENATE . . . . . . . . . . . . . . No. 2939
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act authorizing the town of Wellfleet to enact a pesticide reduction bylaw.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Julian CyrCape and IslandsSarah K. Peake4th Barnstable 1 of 6
16	16	SENATE DOCKET, NO. 3375 FILED ON: 8/12/2024
17	17	SENATE . . . . . . . . . . . . . . No. 2939
18	18	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 2939) of Julian Cyr and Sarah K. Peake
19	19	(by vote of the town) for legislation to authorize the town of Wellfleet to enact a pesticide
20	20	reduction bylaw. Environment and Natural Resources. [Local Approval Received.]
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act authorizing the town of Wellfleet to enact a pesticide reduction bylaw.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Purpose.
30	30	2 The purpose of this bylaw is to reduce toxic pesticide use in and on public and private
31	31	3property in the Town of Wellfleet in order to promote a healthy environment and to protect the
32	32	4public from the hazards of pesticides, and for implementation of sustainable land and building
33	33	5management practices on all public and private property.
34	34	6 SECTION 2. Findings.
35	35	7 (a) Scientific studies associate exposure to pesticides with asthma, cancer, developmental
36	36	8and learning disabilities, nerve and immune system damage, liver or kidney damage,
37	37	9reproductive impairment, birth defects, and disruption of the endocrine system. 2 of 6
38	38	10 (b) Infants, children, pregnant women, the elderly, and people with compromised
39	39	11immune systems and chemical sensitivities are especially vulnerable to pesticide effects and
40	40	12exposure.
41	41	13 (c) Pesticides are harmful to pets and wildlife, including threatened and endangered
42	42	14species, soil microbiology, plants, and natural ecosystems.
43	43	15 (d) Toxic runoff from chemical fertilizers and pesticides pollute streams, lakes, estuaries,
44	44	16and drinking water sources.
45	45	17 (e) The use of pesticides is not necessary to create and maintain green lawns and
46	46	18landscapes given the availability of viable alternatives practices and products.
47	47	19 (f) People have a right not to be involuntarily exposed to pesticides in the air, water or
48	48	20soil that inevitably result from chemical drift and contaminated runoff.
49	49	21 (g) Sustainable land and building management practices that emphasize non-chemical
50	50	22methods of pest prevention and management, and least-toxic pesticide use as a last resort, will
51	51	23eliminate the use of and exposure to pesticides while controlling pest populations.
52	52	24 (h) Sustainable land and building management practices complement other important
53	53	25goals of Wellfleet's maintenance and administration, such as energy conservation and security.
54	54	26 (i) Wellfleet embraces a precautionary approach to the use of pesticides in order to
55	55	27adequately protect people and the environment from the harmful effects of pesticides.
56	56	28 (j) Application of chemicals simply for aesthetic/cosmetic purposes has harmful
57	57	29consequences for our ecosystem, children and pets. Pollinators are directly harmed by
58	58	30applications particularly the indiscriminate (and long-term ineffective) spraying of pesticides. 3 of 6
59	59	31 SECTION 3. Authority.
60	60	32 This bylaw is adopted under authority granted by the Home Rule amendment to the
61	61	33Massachusetts Constitution and the provisions of any Special Legislation passed by the
62	62	34Legislature.
63	63	35 SECTION 4. Definitions.
64	64	36 For the purposes of this bylaw, the following definitions shall apply:
65	65	37 Allowed Materials List - The list of acceptable pesticides is limited to the following:
66	66	38 (a) All non-synthetic (natural) materials, with the exception of prohibited non-synthetic
67	67	39materials under 7 CFR 205.602;
68	68	40 (b) Any synthetic material listed at 7 CFR 205.601 that is labeled for turf uses, subject to
69	69	41discretionary authority to require disclosure of inert ingredients; and
70	70	42 (c) 25b listed pesticides under the Federal Insecticide, Fungicide and Rodenticide Act
71	71	43(FIFRA).
72	72	44 Inert ingredient - Any substance (or group of substances with similar chemical structures
73	73	45if designated by the Environmental Protection Agency) (EPA) other than an active ingredient
74	74	46that is intentionally included in any pesticide product (40 CFR 152.3(m)) [7 CFR 205.2 Terms
75	75	47defined.], and are not classified by the EPA Administrator as inserts of toxicological concern. [7
76	76	48U.S.C. 6502(21) Definitions]
77	77	49 Non-synthetic (natural) materials - A substance that is derived from mineral, plant, or
78	78	50animal matter and does not undergo a synthetic process as defined in section 6502(21) of the 4 of 6
79	79	51Organic Foods Production Act. For the purposes of this part, 'non-synthetic' is used as a synonym
80	80	52for natural as the term is used in the regulations. [7 CFR 205.2 Terms defined.]
81	81	53 Pesticide - Any substance or mixture of substances intended for: (i) preventing,
82	82	54destroying, repelling, or mitigating any pest; (ii) use as a plant regulator, defoliant, or desiccant;
83	83	55or (iii) use as a spray adjuvant such as a wetting agent or adhesive. The term 'pesticide' includes
84	84	56insecticides, herbicides, fungicides, and rodenticides, but does not include cleaning products
85	85	57other than those that contain pesticidal agents.
86	86	58 Synthetic materials - A substance that is formulated or manufactured by a chemical
87	87	59process or by a process that chemically changes a substance extracted from naturally occurring
88	88	60plant, animal, or mineral sources, except that such term shall not apply to substances created by
89	89	61naturally occurring biological processes. [7 U.S.C. 6502(21) Definitions]
90	90	62 SECTION 5. Prohibitions.
91	91	63 The application of any Pesticide that is not on the Allowed Material List is prohibited,
92	92	64except as permitted in this bylaw.
93	93	65 SECTION 6. Exceptions.
94	94	66 (a) The application of the following Pesticides is allowed:
95	95	67 (1) Indoor pest sprays and insect baits (excluding rodent baits)
96	96	68 (2) Insect repellants for personal and household use
97	97	69 (3) Pet: Flea and tick sprays, powders, and pet collars
98	98	70 (4) Kitchen, laundry, and bath disinfectants and sanitizer 5 of 6
99	99	71 (5) Products labeled primarily to kill mold and mildew
100	100	72 (6) Usage for commercial farming and nurseries.
101	101	73 (b) Pesticides for the treatment of invasive plants for ecological restoration (see
102	102	74Massachusetts Invasive Plant Advisory Group current lists of Invasive, Likely Invasive, and
103	103	75Potentially Invasive https://www.massnrc.org/mipag/ may be used upon the grant of a waiver by
104	104	76the Town Manager or authorized designee.
105	105	77 (c) If an emergency public health situation warrants the use of Pesticides, which would
106	106	78otherwise not be permitted under this bylaw, the Town Manager or authorized designee shall
107	107	79have the authority to grant a temporary waiver on a case-by-case basis after an evaluation of all
108	108	80alternative methods and materials.
109	109	81 SECTION 7. Enforcement.
110	110	82 The enforcement authority shall be the Town Manager, or any town officials as
111	111	83designated by the Select Board to oversee and enforce the provisions of this bylaw.
112	112	84 SECTION 8. Penalties.
113	113	85 Any person who violates any provision of this bylaw shall be punished by a fine of one
114	114	86hundred dollars ($100.00) for the first offense and three hundred dollars ($300.00) for each
115	115	87offense thereafter. Each day or portion thereof during which a violation continues shall constitute
116	116	88a separate offense and a violation of each provision of the bylaw shall constitute a separate
117	117	89offense.
118	118	90 If the offender is a commercial applicator, the right to do business in Wellfleet may be
119	119	91revoked. 6 of 6
120	120	92 SECTION 9. Severability.
121	121	93 The provisions of this bylaw are hereby declared to be severable. If any provision,
122	122	94paragraph, sentence, or clause of this bylaw or the application thereof to any person,
123	123	95establishment, or circumstances shall be held invalid, such invalidity shall not affect the other
124	124	96provisions or application of this bylaw.
125	125	97 Provided, that this bylaw is subject to the Town obtaining special legislation from the
126	126	98Great and General Court of the Commonwealth of Massachusetts authorizing the Pesticide
127	127	99Reduction Bylaw as aforesaid; or to take any other action relative thereto.