EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0929*
HOUSE BILL 929
M4 4lr2236
CF SB 854
By: Washington County Delegation
Introduced and read first time: February 2, 2024
Assigned to: Environment and Transportation
Committee Report: Favorable
House action: Adopted
Read second time: March 1, 2024
CHAPTER ______
AN ACT concerning 1
Agriculture – Nuisance Insects 2
FOR the purpose of requiring, instead of authorizing, the Secretary of Agriculture to 3
implement, under certain circumstances, a program to use a certain pesticide to 4
control or eliminate nuisance insects in the State; requiring, instead of authorizing, 5
the Secretary to carry out a certain project to control or eliminate nuisance insects if 6
the county or municipality in which the nuisance insects are located agrees to pay a 7
certain portion of certain costs; and generally relating to controlling or eliminating 8
nuisance insects in the State. 9
BY repealing and reenacting, without amendments, 10
Article – Agriculture 11
Section 5–1001(a) and (c) and 5–1002 12
Annotated Code of Maryland 13
(2016 Replacement Volume and 2023 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Agriculture 16
Section 5–1003 17
Annotated Code of Maryland 18
(2016 Replacement Volume and 2023 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
2 HOUSE BILL 929
Article – Agriculture 1
5–1001. 2
(a) In this subtitle the following words have the meanings indicated. 3
(c) (1) “Nuisance insect” means an insect that is determined by the Secretary 4
to pester or annoy only humans. 5
(2) “Nuisance insect” does not include: 6
(i) An insect that is a threat to the health of humans, animals, or 7
plants; or 8
(ii) A pollinator. 9
5–1002. 10
The General Assembly finds that the proliferation of certain species of insects, 11
including the group Simulium jenningsi, commonly known as black flies, while not posing 12
a direct threat to the health of humans, animals, or plants, may constitute a public and 13
common nuisance on land and waters used for recreation, employment, and tourism. 14
5–1003. 15
(a) (1) [Subject to available funding in] IN ACCORDANCE WITH the State 16
budget and subject to subsection (b) of this section, the Secretary [may] SHALL implement 17
a program to use Bacillus thuringiensis israelensis to control or eliminate nuisance insects 18
in the State. 19
(2) The program shall be implemented on: 20
(i) State–owned property; 21
(ii) Property owned by a local government with the consent of the 22
local government; and 23
(iii) Private property with the consent of the property owner. 24
(3) To carry out the program, the Secretary may: 25
(i) Treat property with an aerial spraying or backpack spraying of 26
Bacillus thuringiensis israelensis; 27
(ii) Conduct field studies to determine the need for, location, and 28
time of spraying; 29
HOUSE BILL 929 3
(iii) Schedule spraying when the conditions are optimal for ingestion 1
by nuisance insects; 2
(iv) Notify appropriate persons of the date and location of an 3
upcoming spraying; and 4
(v) Review the effectiveness of spraying. 5
(b) Notice provided under subsection (a)(3)(iv) of this section shall, at a minimum, 6
be: 7
(1) Provided to: 8
(i) Local press outlets; 9
(ii) County and local governments that are in the area that will be 10
affected by the spraying; 11
(iii) Emergency responders and associated agencies that service the 12
area that will be affected by the spraying; and 13
(iv) The local riverkeeper for the area that will be affected by the 14
spraying; and 15
(2) Posted on appropriate social media sites. 16
(c) (1) The Secretary [may] SHALL carry out a project to use Bacillus 17
thuringiensis israelensis to control or eliminate nuisance insects under this section if the 18
county or municipality in which the nuisance insects are located agrees to pay 50% of the 19
costs associated with the project. 20
(2) The Secretary shall remit any payment from a county or municipality 21
received under this subsection to the Comptroller for deposit to the Nuisance Insects Fund, 22
established under § 5–1004 of this subtitle. 23
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 24
1, 2024. 25