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