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Massachusetts Senate Bill S607

Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S607 Compare Versions

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22 SENATE DOCKET, NO. 1096 FILED ON: 1/15/2025
33 SENATE . . . . . . . . . . . . . . No. 607
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Patricia D. Jehlen
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 :Patricia D. JehlenSecond MiddlesexMichael J. BarrettThird Middlesex2/4/2025 1 of 14
1616 SENATE DOCKET, NO. 1096 FILED ON: 1/15/2025
1717 SENATE . . . . . . . . . . . . . . No. 607
1818 By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 607) of Patricia D. Jehlen and
1919 Michael J. Barrett for legislation to respond to the threat of invasive species. Environment and
2020 Natural Resources.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 508 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.
4343 13 (a) There shall be a fund to be known as the Invasive Species Trust Fund.
4444 14Notwithstanding any general or special law to the contrary, there shall be credited to the fund: (i)
4545 15any revenue from appropriations or other money authorized by the general court and specifically
4646 16designated to be credited to the fund, (ii) any gifts, grants, private contributions or investment
4747 17income earned by the fund’s assets and all other sources and (iii) any monies provided
4848 18voluntarily from anyone applying for sporting, hunting, fishing and trapping licenses.
4949 19 (b) The fund, subject to appropriation, shall be received and held in trust solely for: (i)
5050 20support to the committee, (ii) the executive office’s invasive species office established under
5151 21section 36 of chapter 20, (iii) development and implementation of the statewide strategic
5252 22management plan for invasive species pursuant to section 32 of chapter 20, (iv) research and
5353 23pilot projects at Massachusetts universities, colleges, non-profit organizations and other facilities
5454 24to test new and emerging technologies for controlling invasive species, and (v) grants awarded
5555 25under paragraph (d). The fund shall be administered by the coordinator for the purposes of
5656 26development and implementation of the strategic management plan, research, pilot projects, and
5757 27grants.
5858 28 (c) No expenditure from the fund shall cause the fund to be in deficiency at the close of
5959 29the fiscal year. Money in the fund at the end of the fiscal year shall not revert to the General
6060 30Fund and shall be available for expenditure in the subsequent year and shall not be subject to
6161 31section 5C of chapter 29. 3 of 14
6262 32 (d) A municipality, or group of municipalities, a cooperative invasive species
6363 33management area, a non-profit or an agency of the state, which desires state assistance to control
6464 34invasive species, may apply in writing to the invasive species office in a manner prescribed by
6565 35the office. When the office finds that a proposed invasive species control program aligns with
6666 36objectives developed in the statewide strategic management plan, and is suitable to eradicate,
6767 37control, or minimize the effect an invasive species has on the ecosystem under consideration, it
6868 38may grant an award as determined necessary by the office. Recurring maintenance projects may
6969 39be awarded grants of up to seventy-five percent the full amount of the annual project cost for a
7070 40maximum of five years. In approving requests and determining the amount of any grant, the
7171 41office shall consider the following: (i) the long-range impacts of the strategic management plan
7272 42developed by the applicant, (ii) the natural resources to be conserved and protected by such
7373 43control, (iii) the presence of any invasive species prioritized by the committee, (iv)
7474 44recommendations from the committee, and (v) any impact on endangered, threatened or special
7575 45concern species listed under chapter 131A.
7676 46 (e) In prescribing such manner of application for state assistance, the office shall require
7777 47applicants to develop a management plan and shall offer consultation for development of such
7878 48plans. The plans shall (i) identify root causes of the existing invasive species problem, (ii)
7979 49specify control techniques to manage or eradicate the existing infestation, (iii) identify and
8080 50specify control techniques that will minimize adverse environmental impact to the surrounding
8181 51area, (iv) specify best management practices to prevent future infestations, and (v) identify the
8282 52adverse impact of such specified control techniques on any rare species listed under chapter
8383 53131A. 4 of 14
8484 54 (f) The office shall make awards to priority projects to the extent that funds are available.
8585 55First priority shall be projects to manage incipient infestations of invasive species with the
8686 56potential for eradication, second priority shall be projects to prevent or control the further spread
8787 57of an invasive species, and third priority shall be recurring maintenance projects. In establishing
8888 58priorities for individual projects, the office shall consider the following: (i) public accessibility
8989 59and recreational uses; (ii) the importance to commercial, agricultural or other interests; (iii) the
9090 60degree of local interest, including municipal or other support to the project; (iv) local efforts to
9191 61control invasive species; (v) other considerations affecting feasibility of achieving long-term
9292 62control including the need for multi-year control efforts; and (vi) necessity or advantage of the
9393 63proposed work. In all cases, the office shall consider whether the proposed project is included in
9494 64or compatible with applicable law and regulations, and whether the proposed project furthers
9595 65goals established by the statewide strategic management plan.
9696 66 SECTION 2. Chapter 20, as appearing in the Official Edition of the General Laws is
9797 67hereby amended by adding sections 33 to section 38:-
9898 68 Section 33. For the purposes of this chapter, the following words shall have the following
9999 69meanings unless the context clearly requires otherwise:-
100100 70 “citizen science”, scientific data collection that engages the public;
101101 71 “committee”, the invasive species advisory committee;
102102 72 “cooperative invasive species management area”, a regional partnership that focuses on
103103 73cooperation, coordination and education between departments, tribal governments, stakeholders,
104104 74Massachusetts universities, private and not-for-profit organizations, other states, the federal
105105 75government and any other appropriate parties to manage and control regional invasive species; 5 of 14
106106 76 “coordinator”, the statewide invasive species coordinator;
107107 77 “department”, the department of agricultural resources;
108108 78 “introduction”, the intentional or unintentional escape, release, dissemination, or
109109 79placement of a species into an ecosystem as a result of human activity;
110110 80 “introduction pathway”, the mechanism by which an invasive species enters
111111 81Massachusetts;
112112 82 “invasive species”, a species that is non-native to the ecosystem under consideration, and
113113 83whose introduction causes or is likely to cause economic or environmental harm or harm to
114114 84human health;
115115 85 “Massachusetts Aquatic Invasive Species Management Plan”; a five-year plan, created by
116116 86the Massachusetts Aquatic Invasive Species Working Group, for aquatic invasive species
117117 87management in Massachusetts with the goal of implementing a coordinated approach to
118118 88minimizing the ecological and economic impacts of aquatic invasive species in marine and
119119 89freshwater environments. The plan was the first comprehensive effort to assess the impacts and
120120 90threats of aquatic invasive species in Massachusetts and was published in December 2002;
121121 91 “native species”, a species that, other than as a result of an introduction, historically
122122 92occurred or currently occurs in a particular ecosystem;
123123 93 “naturalized”, the process by which a non-native species, without the aid and benefits of
124124 94cultivation in Massachusetts, freely and regularly reproduces and persists over time to the point
125125 95that it becomes established in the ecosystem under consideration; 6 of 14
126126 96 “non-native species”, a species that is introduced or not naturally occurring, based on the
127127 97species biology, phylogeny, distribution, and current knowledge about the species, within
128128 98Massachusetts;
129129 99 “potentially invasive species”, are non-native species not currently known to be
130130 100naturalized in Massachusetts, but that can be expected to become invasive within minimally
131131 101managed habitats within the Commonwealth. As defined here, "species" includes all synonyms,
132132 102subspecies, varieties, forms, and cultivars of that species unless proven otherwise by a process of
133133 103scientific evaluation.
134134 104 “priority conservation area”, an area determined by identifying at all scales the natural
135135 105and cultural resources at risk from invasive species.
136136 106 Section 36. (a) The executive office shall establish and maintain a comprehensive
137137 107invasive species office for the purpose of promoting the ecological integrity of the state’s lands
138138 108and waterways by controlling invasive species and strategically coordinating management efforts
139139 109across the state. The office shall focus on each function of invasive species management,
140140 110including at a minimum, prevention, management, education, and collaboration. The office, with
141141 111respect to each function, shall: (i) prevent the introduction or re-introduction of invasive or
142142 112potentially invasive species, (ii) eradicate or control invasive species through early detection and
143143 113rapid response and best management practices, (iii) target invasive species education to the
144144 114general public, schools, industries, government agencies, and other organizations, and (iv)
145145 115facilitate development and support of cooperative invasive species management areas that
146146 116maximize regional resources and impact. 7 of 14
147147 117 (b) To coordinate office activities, provide the necessary technical oversight, and staff the
148148 118office, the department shall appoint a statewide invasive species coordinator. The coordinator
149149 119shall devote full time and attention to the duties assigned by the department. The coordinator
150150 120shall be a person with skill and experience in natural resource and invasive species management,
151151 121botany, and entomology. The coordinator shall be responsible for overall office management,
152152 122including administration of assigned functions of the invasive species grant program established
153153 123under chapter 10 of section 79, development of educational materials and workshops, and
154154 124coordination with other invasive species management activities across the state. The coordinator
155155 125shall develop the state’s invasive species strategic management plan with assistance from the
156156 126committee. The coordinator shall update the plan or develop a new plan a minimum of once
157157 127every five years. The coordinator shall have such duties and authority as deemed reasonable by
158158 128the department to ensure state agency cooperation and support from the committee.
159159 129 (c) The department shall develop programming to conduct field work to survey for
160160 130invasive species and review projects funded by the grant program. The monitoring program will,
161161 131in coordination with other state planning and remediation activities, comprehensively survey
162162 132designated sections of the state to identify and map invasive species infestations. The monitoring
163163 133program shall develop partnerships and citizen science programs to ensure comprehensive
164164 134monitoring of the state.
165165 135 (d) The office shall coordinate with cities and towns to combat the negative effects of
166166 136invasive species and increase resources and funding that support city and town-sponsored
167167 137activities involving invasive species. The office shall identify all federal and private funds
168168 138available to the state and to private entities to address invasive species and assist state
169169 139departments, private and non-profit entities to acquire these funds. 8 of 14
170170 140 Section 37. The comprehensive, statewide strategic management plan shall include
171171 141prevention, early detection and rapid response, control, enforcement, and education of the public
172172 142with respect to all taxa of invasive species, as well as create a mission statement establishing the
173173 143state’s position against invasive species. The plan shall, at a minimum:
174174 144 (a) describe the impacts and threats of invasive species in the state;
175175 145 (b) recommend interagency responsibilities;
176176 146 (c) recommend city and town coordination;
177177 147 (d) describe state level coordination;
178178 148 (e) identify research needs and set research priorities;
179179 149 (f) set education priorities;
180180 150 (g) identify needs for additional staff positions at state agencies;
181181 151 (h) recommend partnerships with private and non-profit entities;
182182 152 (i) advance a system for early detection and rapid response;
183183 153 (j) establish a centralized framework for sharing invasive species information;
184184 154 (k) prioritize invasive species management and advance preparedness;
185185 155 (l) recommend state actions to recover ecosystem resilience;
186186 156 (m) evaluate the long term success of current state programs and efforts; and 9 of 14
187187 157 (n) create a guide for uniform administration of section 40 of chapter 131 when alteration
188188 158of a wetland area for invasive species management requires a permit with the local conservation
189189 159commission, and recommend ways to improve the permit process to facilitate invasive control
190190 160 The plan shall evaluate and incorporate, as appropriate, the approved Massachusetts
191191 161Aquatic Invasive Species Management Plan, and maximize efforts to receive a federal share for
192192 162work that falls under the objectives of the National Invasive Species Council.
193193 163 Section 38. (a) There shall be an invasive species advisory committee which shall provide
194194 164information, advice, and guidance to the invasive species office, including but not limited to
195195 165providing policy level direction, coordination, and planning among state departments, federal
196196 166agencies, and international and local initiatives for the control and eradication of invasive species
197197 167infestations throughout the state and prevent the introduction of potentially invasive species, and
198198 168providing assistance with the creation of an assessment for non-native species and
199199 169recommendations for best management practices. The committee shall develop data relative to
200200 170invasive species and assist in the implementation of and any revision to the strategic
201201 171management plan. The committee shall recommend new partnerships for the invasive species
202202 172office.
203203 173 (b) The committee shall be chaired by the invasive species coordinator and shall meet at
204204 174the call of the chair or quarterly, but no less than annually. The members of the committee shall
205205 175not be compensated for their services on the committee but may seek reimbursements out of any
206206 176funds available for the purpose, for their actual traveling and other expenses necessarily incurred
207207 177in the performance of the committee’s duties, but such reimbursements shall not in any fiscal
208208 178year exceed the amount set by the chair. 10 of 14
209209 179 (c) The chair shall select up to 16 members with at least one member from each of the
210210 180following:
211211 181 (1) A statewide conservation organization;
212212 182 (2) A statewide river organization;
213213 183 (3) A representative from the Massachusetts Invasive Plant Advisory Group
214214 184 (4) A representative from a land trust
215215 185 (5) A representative from a native plant organization
216216 186 (6) A representative of an association of conservation commissions;
217217 187 (7) A representative from the Natural Heritage and Endangered Species Program of the
218218 188department of fish and game;
219219 189 (8) A representative from the Division of Ecological Restoration of the department of fish
220220 190and game;
221221 191 (9) A representative from the department of agricultural resources;
222222 192 (10) A representative of a plant nursery association;
223223 193 (11) A representative of a landscape association;
224224 194 (12) A representative from the Massachusetts Congress of Lake and Pond Associations;
225225 195 (13) A representative from a Massachusetts biodiversity research institute or university;
226226 196and; 11 of 14
227227 197 (14) A veterinarian or biologist conducting research and monitoring of wildlife and plant
228228 198diseases that are presently infecting flora and fauna in the state.
229229 199 (d) Selection to the committee shall be for a four year term.
230230 200 (e) The committee, at the call of the chair, shall hold public hearings for the purpose of
231231 201fact-finding, receiving public comments, or conducting inquiries concerning invasive species.
232232 202The committee shall prepare for public review and include in its reports a summary of the
233233 203comments and recommendations made at the public meetings;
234234 204 (f) The committee shall report annually at the end of each calendar year on budgetary and
235235 205other issue regarding invasive species. The information reported shall include, but not be limited
236236 206to: (i) a summary of the committee’s activities; (ii) the performance of the committee’s duties;
237237 207(iii) efforts in the state to identify and manage invasive species; and (iv) budgetary
238238 208recommendations for invasive species. The report shall be filed with the clerks of the senate and
239239 209the house, the senate and house committees on ways and means, the joint committee on
240240 210environment, natural resources and agriculture, and the governor.
241241 211 (g) The committee, through its member agencies, shall:
242242 212 (i) maintain oversight of invasive species in the state, and assess the scope and magnitude
243243 213of the environmental, ecological, agricultural, economic, recreational and social impacts caused
244244 214by invasive species in the state;
245245 215 (ii) recommend legislation as well as administrative policies and programs to improve the
246246 216state’s administration and support of invasive species programs and policies; 12 of 14
247247 217 (iii) advise, consult and coordinate invasive species-related efforts with and between state
248248 218agencies, as well as state, federal, international, and privately organized programs and policies;
249249 219 (iv) identify and prioritize each agency’s organizational and resource needs with respect
250250 220to invasive species;
251251 221 (v) assist state agencies in reviewing the agency performance measures, by the
252252 222committee’s standard, for accountability concerning invasive species actions;
253253 223 (vi) direct invasive species policy for state agencies and ensure that all state agency
254254 224programs and policies are consistent with the invasive species policies created by the committee;
255255 225 (vii) create and maintain a list of all established categories of invasive species, including
256256 226banned invasive species, and confirmed sightings of such species in a statewide database that
257257 227incorporates existing data from agencies, or, if found suitable by the committee, expand current
258258 228databases and reporting systems to ensure public access to invasive species information and
259259 229distribution;
260260 230 (viii) establish and maintain a list of current potentially invasive species identified as
261261 231threats, with focus on those species threatening priority conservation areas, and promulgate
262262 232agency regulations for such species;
263263 233 (ix) issue an advisory when there is a discovery in the state of a species listed as
264264 234potentially invasive and not recorded in the state prior to such discovery; the public advisory
265265 235shall, to the extent information is available, describe in plain language the (i) species location,
266266 236(ii) waters and land areas negatively affected or expected to be negatively affected by the
267267 237species, (iii) best management practices for the species provided its location, (iv) introduction 13 of 14
268268 238pathways, (v) a state plan for eradicating, if possible, or controlling the infestation, and (vi) such
269269 239information as the committee shall prescribe by regulation or directive;
270270 240 (x) incorporate and expand the Massachusetts Invasive Plant Advisory Group’s invasive
271271 241plant assessment to the extent appropriate for the committee’s invasive species control and
272272 242eradication efforts, and create a yearly evaluation system for listing new species and de-listing
273273 243others;
274274 244 (xi) review the department’s regulations for the Massachusetts prohibited plant list and
275275 245ensure appropriate administration of the prohibited plant list;
276276 246 (xii) promote use of native species as alternatives to horticulturally and commercially
277277 247used invasive species and create a list of suitable, tested native alternatives for commonly used
278278 248invasive species;
279279 249 (xiii) review state agency mandates and commercial interests that call for the
280280 250maintenance of invasive or potentially invasive species as resources for sport hunting, aesthetic
281281 251resources, or other values;
282282 252 (xiv) encourage industries and trade organizations to develop and adopt voluntary codes
283283 253of conduct designed to reduce or eliminate the use and distribution of invasive species, reviewing
284284 254such voluntary codes of conduct and officially recognizing approved codes;
285285 255 (xv) restrict the sale, purchase, possession, propagation, introduction, importation,
286286 256transport and disposal of invasive species, and establish grace periods for prohibited species so
287287 257businesses can plan management of existing stock; 14 of 14
288288 258 (xvi) review the structure of and establish fines and penalties to ensure maximum
289289 259deterrence for invasive species-related crimes;
290290 260 (xvii) identify and establish new methods to increase revenue for the invasive species
291291 261trust fund established under section 79 of chapter 10;
292292 262 (xviii) prioritize the actions of the committee based on the needs of the executive office’s
293293 263invasive species office established under section 36, and effectively respond to such needs;
294294 264 (xix) approve by affirmative vote and implement the statewide strategic management
295295 265plan for invasive species with the invasive species office;
296296 266 (xx) collaborate and coordinate efforts with the federal invasive species council and its
297297 267national invasive species management plan;
298298 268 (xxi) coordinate a response or promote a statewide position with respect to the impact
299299 269climate change has on invasion risk in the state and identify ways to translate climate research
300300 270into invasive species management action;
301301 271 (xxii) develop, foster and maintain partnerships with non-profit organizations to
302302 272collaborate on projects, policies and programs;
303303 273 (xxiii) adopt rules pursuant to effectuate this chapter; and
304304 274 (xiv) perform any other function necessary to effectuate the purposes of this section.