Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H995 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1574 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 995
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Hadley Luddy and 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 Orleans to adopt a pesticide reduction bylaw.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Hadley Luddy4th Barnstable1/15/2025Julian CyrCape and Islands1/15/2025 1 of 6
16	16	HOUSE DOCKET, NO. 1574 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 995
18	18	By Representative Luddy of Orleans and Senator Cyr, a joint petition (accompanied by bill,
19	19	House, No. 995) of Hadley Luddy and Julian Cyr (by vote of the town) that the town of Orleans
20	20	be authorized to adopt a pesticide reduction bylaw in said town. Environment and Natural
21	21	Resources. [Local Approval Received.]
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 4481 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act authorizing the town of Orleans to adopt a pesticide reduction bylaw.
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. Notwithstanding any general or special law to the contrary, the town of
33	33	2Orleans may adopt a pesticide reduction bylaw.
34	34	3 SECTION 2. The purpose of this bylaw is to reduce toxic pesticide use in and on public
35	35	4and private property in the town of Orleans in order to promote a healthy environment and to
36	36	5protect the public from the hazards of pesticides, and for implementation of sustainable land and
37	37	6building management practices on all public and private property.
38	38	7 SECTION 3. 2 of 6
39	39	8 A. Scientific studies associate exposure to pesticides with asthma, cancer, developmental
40	40	9and learning disabilities, nerve and immune system damage, liver or kidney damage,
41	41	10reproductive impairment, birth defects, and disruption of the endocrine system.
42	42	11 B. Infants, children, pregnant women, the elderly, and people with compromised
43	43	12immune systems and chemical sensitivities are especially vulnerable to pesticide effects and
44	44	13exposure.
45	45	14 C. Pesticides are harmful to pets and wildlife, including threatened and endangered
46	46	15species, soil microbiology, plants, and natural ecosystems.
47	47	16 D. Toxic runoff from chemical fertilizers and pesticides pollute streams, lakes, estuaries,
48	48	17and drinking water sources.
49	49	18 E. The use of pesticides is not necessary to create and maintain green lawns and
50	50	19landscapes given the availability of viable alternatives practices and products.
51	51	20 F. People have a right not to be involuntarily exposed to pesticides in the air, water or
52	52	21soil that inevitably result from chemical drift and contaminated runoff.
53	53	22 G. Sustainable land and building management practices that emphasize non-chemical
54	54	23methods of pest prevention and management, and least-toxic pesticide use as a last resort, will
55	55	24eliminate the use of and exposure to pesticides while controlling pest populations.
56	56	25 H. Sustainable land and building management practices complement other important
57	57	26goals of Orleans’ maintenance and administration, such as energy conservation and security.
58	58	27 I. Orleans embraces a precautionary approach to the use of pesticides in order to
59	59	28adequately protect people and the environment from the harmful effects of pesticides. 3 of 6
60	60	29 J. Application of chemicals simply for aesthetic/cosmetic purposes has harmful
61	61	30consequences for our ecosystem, children and pets. Pollinators are directly harmed by
62	62	31applications particularly the indiscriminate (and long-term ineffective) spraying of pesticides.
63	63	32 SECTION 4. This bylaw is adopted under authority granted by the home rule
64	64	33amendment to the Massachusetts constitution and the provisions of any special legislation passed
65	65	34by the legislature.
66	66	35 SECTION 5. For the purposes of this bylaw, the following definitions shall apply:
67	67	36 "Allowed materials list". The list of acceptable pesticides is limited to the following:
68	68	37 1) All non-synthetic (natural) materials, with the exception of prohibited non-synthetic
69	69	38materials under 7 CFR 205.602;
70	70	39 2) Any synthetic material listed at 7 CFR 205.601 that is labeled for turf uses, subject to
71	71	40discretionary authority to require disclosure of inert ingredients; and
72	72	41 3) 25b listed pesticides under the federal insecticide, fungicide and rodenticide act
73	73	42(FIFRA).
74	74	43 "Inert ingredient". Any substance (or group of substances with similar chemical
75	75	44structures if designated by the environmental protection agency (EPA)) other than an active
76	76	45ingredient that is intentionally included in any pesticide product (40 CFR 152.3(m)) [7 CFR
77	77	46205.2 Terms defined.], and are not classified by the EPA administrator as inserts of toxicological
78	78	47concern. [7 U.S.C. 6502(21) Definitions]
79	79	48 "Non-synthetic (natural) materials". A substance that is derived from mineral, plant, or
80	80	49animal matter and does not undergo a synthetic process as defined in section 6502(21) of the 4 of 6
81	81	50organic foods production act. For the purposes of this part, ‘non-synthetic’ is used as a synonym
82	82	51for natural as the term is used in the regulations. [7 CFR 205.2 Terms defined.]
83	83	52 "Pesticide". Any substance or mixture of substances intended for: (i) preventing,
84	84	53destroying, repelling, or mitigating any pest; (ii) use as a plant regulator, defoliant, or desiccant;
85	85	54or (iii) use as a spray adjuvant such as a wetting agent or adhesive. The term 'pesticide' includes
86	86	55insecticides, herbicides, fungicides, and rodenticides, but does not include cleaning products
87	87	56other than those that contain pesticidal agents.
88	88	57 "Synthetic materials". A substance that is formulated or manufactured by a chemical
89	89	58process or by a process that chemically changes a substance extracted from naturally occurring
90	90	59plant, animal, or mineral sources, except that such term shall not apply to substances created by
91	91	60naturally occurring biological processes. [7 U.S.C. 6502(21) Definitions]
92	92	61 SECTION 6. The application of any pesticide that is not on the allowed material list is
93	93	62prohibited, except as permitted in this bylaw.
94	94	63 SECTION 7.
95	95	64 A. The application of the following Pesticides is allowed:
96	96	65 1. Indoor pest sprays and insect baits (excluding rodent baits)
97	97	66 2. Insect repellants for personal and household use
98	98	67 3. Pet: Flea and tick sprays, powders, and pet collars
99	99	68 4. Kitchen, laundry, and bath disinfectants and sanitizer
100	100	69 5. Products labeled primarily to kill mold and mildew 5 of 6
101	101	70 6. Usage for commercial farming and nurseries.
102	102	71 B. Pesticides for the treatment of invasive plants for ecological restoration (see
103	103	72Massachusetts invasive plant advisory group current lists of invasive, likely invasive, and
104	104	73potentially invasive may be used upon the grant of a waiver by the town manager or authorized
105	105	74designee.
106	106	75 C. If an emergency public health situation warrants the use of pesticides, which would
107	107	76otherwise not be permitted under this bylaw, the town manager or authorized designee shall have
108	108	77the authority to grant a temporary waiver on a case-by-case basis after an evaluation of all
109	109	78alternative methods and materials.
110	110	79 SECTION 8. The enforcement authority shall be the town manager, or any town officials
111	111	80as designated by the select board to oversee and enforce the provisions of this bylaw.
112	112	81 SECTION 9. Any person who violates any provision of this bylaw shall be punished by
113	113	82a fine of one hundred dollars ($100.00) for the first offense and three hundred dollars ($300.00)
114	114	83for each offense thereafter. Each day or portion thereof during which a violation continues shall
115	115	84constitute a separate offense and a violation of each provision of the bylaw shall constitute a
116	116	85separate offense. If the offender is a commercial applicator, the right to do business in the town
117	117	86of Orleans may be revoked.
118	118	87 SECTION 10. The provisions of this bylaw are hereby declared to be severable. If any
119	119	88provision, paragraph, sentence, or clause of this bylaw or the application thereof to any person,
120	120	89establishment, or circumstances shall be held invalid, such invalidity shall not affect the other
121	121	90provisions or application of this bylaw. 6 of 6
122	122	91 SECTION 11. This act shall take effect upon passage.