Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H985 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1554 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 985
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kathleen R. LaNatra
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing an ecologically-based mosquito management program in the Commonwealth
13	13	to protect public health.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Kathleen R. LaNatra12th Plymouth1/15/2025Joanne M. ComerfordHampshire, Franklin and Worcester1/27/2025James C. Arena-DeRosa8th Middlesex2/19/2025Patrick Joseph Kearney4th Plymouth2/5/2025 1 of 6
17	17	HOUSE DOCKET, NO. 1554 FILED ON: 1/15/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 985
19	19	By Representative LaNatra of Kingston, a petition (accompanied by bill, House, No. 985) of
20	20	Kathleen R. LaNatra and others relative to establishing an ecologically-based mosquito
21	21	management program in the Commonwealth to protect public health. Environment and Natural
22	22	Resources.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act establishing an ecologically-based mosquito management program in the Commonwealth
29	29	to protect public health.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 252 of the General Laws is hereby amended by striking section 2,
33	33	2as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-
34	34	3 Section 2.(a) As used in this chapter, the following words shall, unless the context clearly
35	35	4requires otherwise, have the following meanings:
36	36	5 “Adulticiding”, the use of pesticides intended to kill adult mosquitoes.
37	37	6 “Disease vector”, any species of mosquito which contributes to the amplification or
38	38	7transmission of any disease, including Eastern Equine Encephalitis or West Nile Virus, among
39	39	8human or non-human populations by injection of salivary gland fluid during biting.
40	40	9 “Larviciding”, the use of pesticides intended to kill larval or pupal mosquitoes. 2 of 6
41	41	10 “PFAS”, a class of fluorinated organic chemicals containing at least one fully fluorinated
42	42	11carbon atom.
43	43	12 “Source reduction”, a method of managing mosquitoes that relies on reducing or
44	44	13eliminating the ability of larval habitats to support the development of larvae, including removal
45	45	14of artificial sources of standing, stagnant water or the restoration of natural flows and wetland
46	46	15systems to improve access by predators, water quality and overall aquatic health.
47	47	16 (b) There shall be a Mosquito Management Board, in this chapter called the board, which
48	48	17shall consist of:
49	49	18 (1) 1 employee of the department of environmental protection designated by its
50	50	19commissioner who shall serve as chair; 1 employee of the department of agriculture designated
51	51	20by its commissioner; 1 employee of the department of fish and game designated by its
52	52	21commissioner; and 2 employees of the department of public health designated by its
53	53	22commissioner, one of whom represents environmental health; and
54	54	23 (2) 5 members designated by the secretary of energy and environmental affairs including
55	55	241 person representing a statewide land conservation organization or a regional or statewide river
56	56	25protection organization; 1 person representing beekeepers; 1 person representing a group that
57	57	26works to protect native pollinators; 1 person who is an expert in pesticides and mosquito control
58	58	27and 1 person who is an ecological risk assessor with a background in ecotoxicology. Each of the
59	59	285 members designated in this paragraph shall be designated for a term of 4 years, except for
60	60	29persons designated to fill vacancies, who shall serve for the unexpired term. Any member
61	61	30appointed under paragraph 2 of this subsection shall be eligible for reappointment, so long as no
62	62	31specific member shall serve for more than 2 terms. 3 of 6
63	63	32 The designation of any member of said board may be revoked at any time, and in such
64	64	33case or in case of the resignation or disability of any member their successor shall be designated
65	65	34in the same manner as in the original designation. The board shall serve in the department of
66	66	35food and agriculture, and the members thereof shall receive no additional compensation for
67	67	36service on said board, but shall be entitled to their reasonable traveling and other expenses
68	68	37incurred in the performance of their duties.
69	69	38 (c) The board shall regulate and oversee all disease vector mosquito management
70	70	39activities in the commonwealth and prepare a science-based statewide Integrated Pest
71	71	40Management mosquito-borne disease management plan, hereinafter called the plan. State
72	72	41agencies and subdivisions including but not limited to mosquito control districts, mosquito
73	73	42control projects and municipalities shall adhere to the plan when conducting mosquito
74	74	43management activities.
75	75	44 The plan shall provide an ecologically sustainable approach to the management of
76	76	45mosquito populations combining cultural, physical, biological and, when strictly necessary to
77	77	46protect public health, least-toxic chemical control strategies. The plan shall include the
78	78	47following:
79	79	48 (1) an emphasis on preventative measures to protect humans and livestock from
80	80	49mosquito-borne diseases, including surveillance, monitoring and public education on eliminating
81	81	50breeding sites and taking personal protective actions;
82	82	51 (2) source reduction, including removal of discarded tires and other rubbish, cleaning or
83	83	52draining of artificial mosquito breeding sites and restoration of streams and wetlands to restore 4 of 6
84	84	53natural flows and provide access to fish and other mosquito predators, shall be the preferred
85	85	54management measures;
86	86	55 (3) larvicide use shall be limited to locations where disease-bearing mosquitoes are
87	87	56present and source reduction has been implemented;
88	88	57 (4) adulticides shall only be applied to abate disease-bearing mosquitoes where all other
89	89	58methods have been implemented and the disease risk is high or critical as determined by the
90	90	59department of public health;
91	91	60 (5) aerial application of mosquito-control adulticides is prohibited;
92	92	61 (6) ground adulticide applications shall be limited to locations where mosquito-borne
93	93	62disease is detected in the current year in mosquitoes, other animals or humans;
94	94	63 (7) use of larvicides or adulticides containing PFAS or other fluorinated compounds is
95	95	64prohibited.
96	96	65 The board shall post a public notice of availability of the draft plan in the environmental
97	97	66monitor and provide a 60-day public comment period. The board shall duly consider and respond
98	98	67to comments received and finalize the plan. The plan shall be updated every 3 years, or more
99	99	68frequently, with public review. Annual operational plans and practices of any public entity
100	100	69conducting mosquito management activities shall be consistent with the statewide plan and
101	101	70revised annually based on efficacy data and mitigation of non-target impacts.
102	102	71 The board shall annually review and certify integrated pest management mosquito
103	103	72management plans submitted by mosquito districts or projects, municipalities and any other
104	104	73public agency conducting mosquito management activities; ensure consistency with the 5 of 6
105	105	74statewide plan; create policies and oversee procedures for monitoring and responding to vector-
106	106	75borne diseases; advise the governor when a public health emergency arises due to disease-
107	107	76bearing mosquitoes imminently threatening to public health; authorize and carry out
108	108	77investigations and keep records; and carry out disease-bearing mosquito management programs
109	109	78when a significant area of the state is affected.
110	110	79 The board shall provide statewide education on mosquito borne diseases, best practices
111	111	80for eliminating artificial standing water and personal protection measures to avoid mosquito
112	112	81bites. The board shall ensure that all municipalities are provided with access to mosquito
113	113	82surveillance upon request with payment of reasonable fees. Municipalities and landowners shall
114	114	83have the right to opt out of larviciding or adulticiding except following a public health
115	115	84emergency declared
116	116	85 by the governor that includes a finding that disease-bearing mosquitoes are present at
117	117	86high or critical risk levels determined by the department of public health in the locations to be
118	118	87treated.
119	119	88 The board shall annually publish, on the commonwealth’s website, activities and
120	120	89expenditures of the board and mosquito control districts or projects and the efficacy and impacts
121	121	90of the work.
122	122	91 SECTION 2. Section 5A of said chapter 252 is hereby amended by striking out, in lines
123	123	9282 and 88, in each instance, the following words:- state reclamation
124	124	93 SECTION 3. Section 5B of said chapter 252 is hereby amended by striking out, in line
125	125	9422, the following words:- state reclamation 6 of 6
126	126	95 SECTION 4. Said section 5B of said chapter 252 is hereby further amended by striking
127	127	96out, in line 25, the following word:- reclamation
128	128	97 SECTION 5. Section 14C of said chapter 252 is hereby amended by striking out, in lines
129	129	984 and 5, the following words:- state reclamation
130	130	99 SECTION 6. Section 24 of said chapter 252 is hereby amended by striking out, in line 1,
131	131	100the words “state reclamation” and inserting in place thereof the following words:- mosquito
132	132	101management