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Massachusetts House Bill H1033

Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1033 Compare Versions

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22 HOUSE DOCKET, NO. 2828 FILED ON: 1/16/2025
33 HOUSE . . . . . . . . . . . . . . . No. 1033
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 David M. Rogers
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act responding to the threat of invasive species.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/16/2025Patrick Joseph Kearney4th Plymouth1/28/2025 1 of 14
1616 HOUSE DOCKET, NO. 2828 FILED ON: 1/16/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 1033
1818 By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1033) of
1919 David M. Rogers and Patrick Joseph Kearney relative to the threat of invasive species.
2020 Environment and Natural Resources.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 890 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act responding to the threat of invasive species.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 10, as appearing in the 2022 Official Edition, of the General Laws
3232 2is hereby amended by adding the following sections:-
3333 3 Section 78. As used in section 79, the following words shall have the following meanings
3434 4unless the context clearly requires otherwise:-
3535 5 “committee”, the invasive species advisory committee established under section 38 of
3636 6chapter 20;
3737 7 “coordinator”, the statewide invasive species coordinator established under section 36 of
3838 8chapter 20;
3939 9 “executive office”, the executive office of energy and environmental affairs 2 of 14
4040 10 “recurring maintenance projects”, invasive species projects that previously received grant
4141 11funding and require long-term control or management activity.
4242 12 Section 79. (a) There shall be a fund to be known as the Invasive Species Trust Fund.
4343 13Notwithstanding any general or special law to the contrary, there shall be credited to the fund: (i)
4444 14 any revenue from appropriations or other money authorized by the general court and
4545 15specifically designated to be credited to the fund, (ii) any gifts, grants, private contributions or
4646 16investment income earned by the fund’s assets and all other sources and (iii) any monies
4747 17provided voluntarily from anyone applying for sporting, hunting, fishing and trapping licenses.
4848 18 (b) The fund, subject to appropriation, shall be received and held in trust solely for: (i)
4949 19support to the committee, (ii) the executive office’s invasive species office established under
5050 20section 36 of chapter 20, (iii) development and implementation of the statewide strategic
5151 21management plan for invasive species pursuant to section 32 of chapter 20, (iv) research and
5252 22pilot projects at Massachusetts universities, colleges, non-profit organizations and other facilities
5353 23to test new and emerging technologies for controlling invasive species, and (v) grants awarded
5454 24under paragraph (d). The fund shall be administered by the coordinator for the purposes of
5555 25development and implementation of the strategic management plan, research, pilot projects, and
5656 26grants.
5757 27 (c) No expenditure from the fund shall cause the fund to be in deficiency at the close of
5858 28the fiscal year. Money in the fund at the end of the fiscal year shall not revert to the General
5959 29Fund and shall be available for expenditure in the subsequent year and shall not be subject to
6060 30section 5C of chapter 29. 3 of 14
6161 31 (d) A municipality, or group of municipalities, a cooperative invasive species
6262 32management area, a non-profit or an agency of the state, which desires state assistance to control
6363 33invasive species, may apply in writing to the invasive species office in a manner prescribed by
6464 34the office. When the office finds that a proposed invasive species control program aligns with
6565 35objectives developed in the statewide strategic management plan, and is suitable to eradicate,
6666 36control, or minimize the effect an invasive species has on the ecosystem under consideration, it
6767 37 may grant an award as determined necessary by the office. Recurring maintenance
6868 38projects may be awarded grants of up to seventy-five percent the full amount of the annual
6969 39project cost for a maximum of five years. In approving requests and determining the amount of
7070 40any grant, the office shall consider the following: (i) the long-range impacts of the strategic
7171 41management plan developed by the applicant, (ii) the natural resources to be conserved and
7272 42protected by such control, (iii) the presence of any invasive species prioritized by the committee,
7373 43(iv) recommendations from the committee, and (v) any impact on endangered, threatened or
7474 44special concern species listed under chapter 131A.
7575 45 (e) In prescribing such manner of application for state assistance, the office shall require
7676 46applicants to develop a management plan and shall offer consultation for development of such
7777 47plans. The plans shall (i) identify root causes of the existing invasive species problem, (ii)
7878 48specify control techniques to manage or eradicate the existing infestation, (iii) identify and
7979 49specify control techniques that will minimize adverse environmental impact to the surrounding
8080 50area, (iv) specify best management practices to prevent future infestations, and (v) identify the
8181 51adverse impact of such specified control techniques on any rare species listed under chapter
8282 52131A. 4 of 14
8383 53 (f) The office shall make awards to priority projects to the extent that funds are available.
8484 54First priority shall be projects to manage incipient infestations of invasive species with the
8585 55potential for eradication, second priority shall be projects to prevent or control the further spread
8686 56of an invasive species, and third priority shall be recurring maintenance projects. In establishing
8787 57priorities for individual projects, the office shall consider the following: (i) public accessibility
8888 58and recreational uses; (ii) the importance to commercial, agricultural or other interests; (iii) the
8989 59degree of local interest, including municipal or other support to the project; (iv) local efforts to
9090 60control invasive species; (v) other considerations affecting feasibility of achieving long-term
9191 61 control including the need for multi-year control efforts; and (vi) necessity or advantage
9292 62of the proposed work. In all cases, the office shall consider whether the proposed project is
9393 63included in or compatible with applicable law and regulations, and whether the proposed project
9494 64furthers goals established by the statewide strategic management plan.
9595 65 SECTION 2. Chapter 20, as appearing in the Official Edition, of the General Laws is
9696 66hereby amended by adding sections 33 to section 38:-
9797 67 Section 33. For the purposes of this chapter, the following words shall have the following
9898 68meanings unless the context clearly requires otherwise:--
9999 69 “citizen science”, scientific data collection that engages the public;
100100 70 “committee”, the invasive species advisory committee;
101101 71 “cooperative invasive species management area”, a regional partnership that focuses on
102102 72cooperation, coordination and education between departments, tribal governments, stakeholders, 5 of 14
103103 73Massachusetts universities, private and not-for-profit organizations, other states, the federal
104104 74government and any other appropriate parties to manage and control regional invasive species;
105105 75 “coordinator”, the statewide invasive species coordinator;
106106 76 “department”, the department of agricultural resources;
107107 77 “introduction”, the intentional or unintentional escape, release, dissemination, or
108108 78placement of a species into an ecosystem as a result of human activity;
109109 79 “introduction pathway”, the mechanism by which an invasive species enters
110110 80Massachusetts;
111111 81 “invasive species”, a species that is non-native to the ecosystem under consideration, and
112112 82whose introduction causes or is likely to cause economic or environmental harm or harm to
113113 83human health;
114114 84 “Massachusetts Aquatic Invasive Species Management Plan”; a five-year plan, created by
115115 85the Massachusetts Aquatic Invasive Species Working Group, for aquatic invasive species
116116 86management in Massachusetts with the goal of implementing a coordinated approach to
117117 87minimizing the ecological and economic impacts of aquatic invasive species in marine and
118118 88freshwater environments. The plan was the first comprehensive effort to assess the impacts and
119119 89threats of aquatic invasive species in Massachusetts and was published in December 2002;
120120 90 “native species”, a species that, other than as a result of an introduction, historically
121121 91occurred or currently occurs in a particular ecosystem; 6 of 14
122122 92 “naturalized”, the process by which a non-native species, without the aid and benefits of
123123 93cultivation in Massachusetts, freely and regularly reproduces and persists over time to the point
124124 94that it becomes established in the ecosystem under consideration;
125125 95 “non-native species”, a species that is introduced or not naturally occurring, based on the
126126 96species biology, phylogeny, distribution, and current knowledge about the species, within
127127 97Massachusetts;
128128 98 “potentially invasive species”, are non-native species not currently known to be
129129 99naturalized in Massachusetts, but that can be expected to become invasive within minimally
130130 100managed habitats within the Commonwealth. As defined here, "species" includes all synonyms,
131131 101subspecies, varieties, forms, and cultivars of that species unless proven otherwise by a process of
132132 102scientific evaluation.
133133 103 “priority conservation area”, an area determined by identifying at all scales the natural
134134 104and cultural resources at risk from invasive species.
135135 105 Section 36. (a) The executive office shall establish and maintain a comprehensive
136136 106invasive species office for the purpose of promoting the ecological integrity of the state’s lands
137137 107and waterways by controlling invasive species and strategically coordinating management efforts
138138 108across the state. The office shall focus on each function of invasive species management,
139139 109including at a minimum, prevention, management, education, and collaboration. The office, with
140140 110respect to each function, shall: (i) prevent the introduction or re-introduction of invasive or
141141 111potentially invasive species, (ii) eradicate or control invasive species through early detection and
142142 112rapid response and best management practices, (iii) target invasive species education to the
143143 113general public, schools, industries, government agencies, and other organizations, and (iv) 7 of 14
144144 114facilitate development and support of cooperative invasive species management areas that
145145 115maximize regional resources and impact.
146146 116 (b) To coordinate office activities, provide the necessary technical oversight, and staff the
147147 117office, the department shall appoint a statewide invasive species coordinator. The coordinator
148148 118shall devote full time and attention to the duties assigned by the department. The coordinator
149149 119shall be a person with skill and experience in natural resource and invasive species management,
150150 120botany, and entomology. The coordinator shall be responsible for overall office management,
151151 121including administration of assigned functions of the invasive species grant program established
152152 122under chapter 10 of section 79, development of educational materials and workshops, and
153153 123coordination with other invasive species management activities across the state. The coordinator
154154 124shall develop the state’s invasive species strategic management plan with assistance from the
155155 125committee. The coordinator shall update the plan or develop a new plan a minimum of once
156156 126every five years. The coordinator shall have such duties and authority as deemed reasonable by
157157 127the department to ensure state agency cooperation and support from the committee.
158158 128 (c) The department shall develop programming to conduct field work to survey for
159159 129invasive species and review projects funded by the grant program. The monitoring program will,
160160 130in coordination with other state planning and remediation activities, comprehensively survey
161161 131designated sections of the state to identify and map invasive species infestations. The monitoring
162162 132program shall develop partnerships and citizen science programs to ensure comprehensive
163163 133monitoring of the state.
164164 134 (d) The office shall coordinate with cities and towns to combat the negative effects of
165165 135invasive species and increase resources and funding that support city and town-sponsored 8 of 14
166166 136activities involving invasive species. The office shall identify all federal and private funds
167167 137available to the state and to private entities to address invasive species and assist state
168168 138departments, private and non-profit entities to acquire these funds.
169169 139 Section 37. The comprehensive, statewide strategic management plan shall include
170170 140prevention, early detection and rapid response, control, enforcement, and education of the public
171171 141with respect to all taxa of invasive species, as well as create a mission statement establishing the
172172 142state’s position against invasive species. The plan shall, at a minimum:
173173 143 (a) describe the impacts and threats of invasive species in the state;
174174 144 (b) recommend interagency responsibilities;
175175 145 (c) recommend city and town coordination;
176176 146 (d) describe state level coordination;
177177 147 (e) identify research needs and set research priorities;
178178 148 (f) set education priorities;
179179 149 (g) identify needs for additional staff positions at state agencies;
180180 150 (h) recommend partnerships with private and non-profit entities;
181181 151 (i) advance a system for early detection and rapid response;
182182 152 (j) establish a centralized framework for sharing invasive species information;
183183 153 (k) prioritize invasive species management and advance preparedness;
184184 154 (l) recommend state actions to recover ecosystem resilience; 9 of 14
185185 155 (m) evaluate the long term success of current state programs and efforts; and
186186 156 (n) create a guide for uniform administration of section 40 of chapter 131 when alteration
187187 157of a wetland area for invasive species management requires a permit with the local conservation
188188 158commission, and recommend ways to improve the permit process to facilitate invasive control
189189 159 The plan shall evaluate and incorporate, as appropriate, the approved Massachusetts
190190 160Aquatic Invasive Species Management Plan, and maximize efforts to receive a federal share for
191191 161work that falls under the objectives of the National Invasive Species Council.
192192 162 Section 38. (a) There shall be an invasive species advisory committee which shall provide
193193 163information, advice, and guidance to the invasive species office, including but not limited to
194194 164providing policy level direction, coordination, and planning among state departments, federal
195195 165agencies, and international and local initiatives for the control and eradication of invasive species
196196 166infestations throughout the state and prevent the introduction of potentially invasive species, and
197197 167providing assistance with the creation of an assessment for non-native species and
198198 168recommendations for best management practices. The committee shall develop data relative to
199199 169invasive species and assist in the implementation of and any revision to the strategic
200200 170management plan. The committee shall recommend new partnerships for the invasive species
201201 171office.
202202 172 (b) The committee shall be chaired by the invasive species coordinator and shall meet at
203203 173the call of the chair or quarterly, but no less than annually. The members of the committee shall
204204 174not be compensated for their services on the committee but may seek reimbursements out of any
205205 175funds available for the purpose, for their actual traveling and other expenses necessarily incurred 10 of 14
206206 176in the performance of the committee’s duties, but such reimbursements shall not in any fiscal
207207 177year exceed the amount set by the chair.
208208 178 (c) The chair shall select up to 16 members with at least one member from each of the
209209 179following:
210210 180 (1) A statewide conservation organization;
211211 181 (2) A statewide river organization;
212212 182 (3) A representative from the Massachusetts Invasive Plant Advisory Group
213213 183 (4) A representative from a land trust
214214 184 (5) A representative from a native plant organization
215215 185 (6) A representative of an association of conservation commissions;
216216 186 (7) A representative from the Natural Heritage and Endangered Species Program of the
217217 187department of fish and game;
218218 188 (8) A representative from the Division of Ecological Restoration of the department of fish
219219 189and game;
220220 190 (9) A representative from the department of agricultural resources;
221221 191 (10) A representative of a plant nursery association;
222222 192 (11) A representative of a landscape association;
223223 193 (12) A representative from the Massachusetts Congress of Lake and Pond Associations; 11 of 14
224224 194 (13) A representative from a Massachusetts biodiversity research institute or university;
225225 195and;
226226 196 (14) A veterinarian or biologist conducting research and monitoring of wildlife and plant
227227 197diseases that are presently infecting flora and fauna in the state.
228228 198 (d) Selection to the committee shall be for a four year term.
229229 199 (e) The committee, at the call of the chair, shall hold public hearings for the purpose of
230230 200fact-finding, receiving public comments, or conducting inquiries concerning invasive species.
231231 201The committee shall prepare for public review and include in its reports a summary of the
232232 202comments and recommendations made at the public meetings;
233233 203 (f) The committee shall report annually at the end of each calendar year on budgetary and
234234 204other issue regarding invasive species. The information reported shall include, but not be limited
235235 205to: (i) a summary of the committee’s activities; (ii) the performance of the committee’s duties;
236236 206(iii) efforts in the state to identify and manage invasive species; and (iv) budgetary
237237 207recommendations for invasive species. The report shall be filed with the clerks of the senate and
238238 208the house, the senate and house committees on ways and means, the joint committee on
239239 209environment, natural resources and agriculture, and the governor.
240240 210 (g) The committee, through its member agencies, shall:
241241 211 (i) maintain oversight of invasive species in the state, and assess the scope and magnitude
242242 212of the environmental, ecological, agricultural, economic, recreational and social impacts caused
243243 213by invasive species in the state; 12 of 14
244244 214 (ii) recommend legislation as well as administrative policies and programs to improve the
245245 215state’s administration and support of invasive species programs and policies;
246246 216 (iii) advise, consult and coordinate invasive species-related efforts with and between state
247247 217agencies, as well as state, federal, international, and privately organized programs and policies;
248248 218 (iv) identify and prioritize each agency’s organizational and resource needs with respect
249249 219to invasive species;
250250 220 (v) assist state agencies in reviewing the agency performance measures, by the
251251 221committee’s standard, for accountability concerning invasive species actions;
252252 222 (vi) direct invasive species policy for state agencies and ensure that all state agency
253253 223programs and policies are consistent with the invasive species policies created by the committee;
254254 224 (vii) create and maintain a list of all established categories of invasive species, including
255255 225banned invasive species, and confirmed sightings of such species in a statewide database that
256256 226incorporates existing data from agencies, or, if found suitable by the committee, expand current
257257 227databases and reporting systems to ensure public access to invasive species information and
258258 228distribution;
259259 229 (viii) establish and maintain a list of current potentially invasive species identified as
260260 230threats, with focus on those species threatening priority conservation areas, and promulgate
261261 231agency regulations for such species;
262262 232 (ix) issue an advisory when there is a discovery in the state of a species listed as
263263 233potentially invasive and not recorded in the state prior to such discovery; the public advisory
264264 234shall, to the extent information is available, describe in plain language the (i) species location, 13 of 14
265265 235(ii) waters and land areas negatively affected or expected to be negatively affected by the
266266 236species, (iii) best management practices for the species provided its location, (iv) introduction
267267 237pathways, (v) a state plan for eradicating, if possible, or controlling the infestation, and (vi) such
268268 238information as the committee shall prescribe by regulation or directive;
269269 239 (x) incorporate and expand the Massachusetts Invasive Plant Advisory Group’s invasive
270270 240plant assessment to the extent appropriate for the committee’s invasive species control and
271271 241eradication efforts, and create a yearly evaluation system for listing new species and de-listing
272272 242others;
273273 243 (xi) review the department’s regulations for the Massachusetts prohibited plant list and
274274 244ensure appropriate administration of the prohibited plant list;
275275 245 (xii) promote use of native species as alternatives to horticulturally and commercially
276276 246used invasive species and create a list of suitable, tested native alternatives for commonly used
277277 247invasive species;
278278 248 (xiii) review state agency mandates and commercial interests that call for the
279279 249maintenance of invasive or potentially invasive species as resources for sport hunting, aesthetic
280280 250resources, or other values;
281281 251 (xiv) encourage industries and trade organizations to develop and adopt voluntary codes
282282 252of conduct designed to reduce or eliminate the use and distribution of invasive species, reviewing
283283 253such voluntary codes of conduct and officially recognizing approved codes; 14 of 14
284284 254 (xv) restrict the sale, purchase, possession, propagation, introduction, importation,
285285 255transport and disposal of invasive species, and establish grace periods for prohibited species so
286286 256businesses can plan management of existing stock;
287287 257 (xvi) review the structure of and establish fines and penalties to ensure maximum
288288 258deterrence for invasive species-related crimes;
289289 259 (xvii) identify and establish new methods to increase revenue for the invasive species
290290 260trust fund established under section 79 of chapter 10;
291291 261 (xviii) prioritize the actions of the committee based on the needs of the executive office’s
292292 262invasive species office established under section 36, and effectively respond to such needs;
293293 263 (xix) approve by affirmative vote and implement the statewide strategic management
294294 264plan for invasive species with the invasive species office;
295295 265 (xx) collaborate and coordinate efforts with the federal invasive species council and its
296296 266national invasive species management plan;
297297 267 (xxi) coordinate a response or promote a statewide position with respect to the impact
298298 268climate change has on invasion risk in the state and identify ways to translate climate research
299299 269into invasive species management action;
300300 270 (xxii) develop, foster and maintain partnerships with non-profit organizations to
301301 271collaborate on projects, policies and programs;
302302 272 (xxiii) adopt rules pursuant to effectuate this chapter; and
303303 273 (xiv) perform any other function necessary to effectuate the purposes of this section.