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SENATE DOCKET, NO. 1219 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 547
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Joanne M. Comerford
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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.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterMichael O. MooreSecond Worcester2/20/2025James B. EldridgeMiddlesex and Worcester3/3/2025Dylan A. FernandesPlymouth and Barnstable3/9/2025 1 of 6
SENATE DOCKET, NO. 1219 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 547
By Ms. Comerford, a petition (accompanied by bill, Senate, No. 547) of Joanne M. Comerford,
Michael O. Moore, James B. Eldridge and Dylan A. Fernandes for legislation to establish an
ecologically-based mosquito management program in the Commonwealth to protect public
health. Environment and Natural Resources.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 445 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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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. 2 of 6
9 “Larviciding”, the use of pesticides intended to kill larval or pupal mosquitoes.
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, 1 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 3 of 6
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.
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; 4 of 6
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
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; and
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. 5 of 6
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
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 by the governor that includes a finding that disease-bearing mosquitoes are
85present at high or critical risk levels determined by the department of public health in the
86locations to be treated.
87 The board shall annually publish, on the commonwealth’s website, activities and
88expenditures of the board and mosquito control districts or projects and the efficacy and impacts
89of the work.
90 SECTION 2. Section 5A of said chapter 252, as so appearing, is hereby amended by
91striking out, in lines 82 and 88, in each instance, the following words:- state reclamation 6 of 6
92 SECTION 3. Section 5B of said chapter 252, as so appearing, is hereby amended by
93striking out, in line 22, the following words:- state reclamation
94 SECTION 4. Said section 5B of said chapter 252, as so appearing, is hereby further
95amended by striking out, in line 25, the following word:- reclamation
96 SECTION 5. Section 14C of said chapter 252, as so appearing, is hereby amended by
97striking out, in lines 4 and 5, the following words:- state reclamation
98 SECTION 6. Section 24 of said chapter 252, as so appearing, is hereby amended by
99striking out, in line 1, the words “state reclamation” and inserting in place thereof the following
100words:- mosquito management