MD
Maryland House Bill HB929

Maryland 2024 Regular Session

Maryland House Bill HB929 Compare Versions

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1- WES MOORE, Governor Ch. 680
21
3-– 1 –
4-Chapter 680
5-(House Bill 929)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0929*
89
9-Agriculture – Nuisance Insects
10+HOUSE BILL 929
11+M4 4lr2236
12+ CF SB 854
13+By: Washington County Delegation
14+Introduced and read first time: February 2, 2024
15+Assigned to: Environment and Transportation
16+Committee Report: Favorable
17+House action: Adopted
18+Read second time: March 1, 2024
1019
11-FOR the purpose of requiring, instead of authorizing, the Secretary of Agriculture to
12-implement, under certain circumstances, a program to use a certain pesticide to
13-control or eliminate nuisance insects in the State; requiring, instead of authorizing,
14-the Secretary to carry out a certain project to control or eliminate nuisance insects if
15-the county or municipality in which the nuisance insects are located agrees to pay a
16-certain portion of certain costs; and generally relating to controlling or eliminating
17-nuisance insects in the State.
20+CHAPTER ______
1821
19-BY repealing and reenacting, without amendments,
20- Article – Agriculture
21-Section 5–1001(a) and (c) and 5–1002
22- Annotated Code of Maryland
23- (2016 Replacement Volume and 2023 Supplement)
22+AN ACT concerning 1
2423
25-BY repealing and reenacting, with amendments,
26- Article – Agriculture
27-Section 5–1003
28- Annotated Code of Maryland
29- (2016 Replacement Volume and 2023 Supplement)
24+Agriculture – Nuisance Insects 2
3025
31- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
32-That the Laws of Maryland read as follows:
26+FOR the purpose of requiring, instead of authorizing, the Secretary of Agriculture to 3
27+implement, under certain circumstances, a program to use a certain pesticide to 4
28+control or eliminate nuisance insects in the State; requiring, instead of authorizing, 5
29+the Secretary to carry out a certain project to control or eliminate nuisance insects if 6
30+the county or municipality in which the nuisance insects are located agrees to pay a 7
31+certain portion of certain costs; and generally relating to controlling or eliminating 8
32+nuisance insects in the State. 9
3333
34-Article – Agriculture
34+BY repealing and reenacting, without amendments, 10
35+ Article – Agriculture 11
36+Section 5–1001(a) and (c) and 5–1002 12
37+ Annotated Code of Maryland 13
38+ (2016 Replacement Volume and 2023 Supplement) 14
3539
36-5–1001.
40+BY repealing and reenacting, with amendments, 15
41+ Article – Agriculture 16
42+Section 5–1003 17
43+ Annotated Code of Maryland 18
44+ (2016 Replacement Volume and 2023 Supplement) 19
3745
38- (a) In this subtitle the following words have the meanings indicated.
46+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
47+That the Laws of Maryland read as follows: 21
48+ 2 HOUSE BILL 929
3949
40- (c) (1) “Nuisance insect” means an insect that is determined by the Secretary
41-to pester or annoy only humans.
4250
43- (2) “Nuisance insect” does not include:
51+Article – Agriculture 1
4452
45- (i) An insect that is a threat to the health of humans, animals, or
46-plants; or
53+5–1001. 2
4754
48- (ii) A pollinator.
49- Ch. 680 2024 LAWS OF MARYLAND
55+ (a) In this subtitle the following words have the meanings indicated. 3
5056
51-– 2 –
52-5–1002.
57+ (c) (1) “Nuisance insect” means an insect that is determined by the Secretary 4
58+to pester or annoy only humans. 5
5359
54- The General Assembly finds that the proliferation of certain species of insects,
55-including the group Simulium jenningsi, commonly known as black flies, while not posing
56-a direct threat to the health of humans, animals, or plants, may constitute a public and
57-common nuisance on land and waters used for recreation, employment, and tourism.
60+ (2) “Nuisance insect” does not include: 6
5861
59-5–1003.
62+ (i) An insect that is a threat to the health of humans, animals, or 7
63+plants; or 8
6064
61- (a) (1) [Subject to available funding in] IN ACCORDANCE WITH the State
62-budget and subject to subsection (b) of this section, the Secretary [may] SHALL implement
63-a program to use Bacillus thuringiensis israelensis to control or eliminate nuisance insects
64-in the State.
65+ (ii) A pollinator. 9
6566
66- (2) The program shall be implemented on:
67+5–1002. 10
6768
68- (i) State–owned property;
69+ The General Assembly finds that the proliferation of certain species of insects, 11
70+including the group Simulium jenningsi, commonly known as black flies, while not posing 12
71+a direct threat to the health of humans, animals, or plants, may constitute a public and 13
72+common nuisance on land and waters used for recreation, employment, and tourism. 14
6973
70- (ii) Property owned by a local government with the consent of the
71-local government; and
74+5–1003. 15
7275
73- (iii) Private property with the consent of the property owner.
76+ (a) (1) [Subject to available funding in] IN ACCORDANCE WITH the State 16
77+budget and subject to subsection (b) of this section, the Secretary [may] SHALL implement 17
78+a program to use Bacillus thuringiensis israelensis to control or eliminate nuisance insects 18
79+in the State. 19
7480
75- (3) To carry out the program, the Secretary may:
81+ (2) The program shall be implemented on: 20
7682
77- (i) Treat property with an aerial spraying or backpack spraying of
78-Bacillus thuringiensis israelensis;
83+ (i) State–owned property; 21
7984
80- (ii) Conduct field studies to determine the need for, location, and
81-time of spraying;
85+ (ii) Property owned by a local government with the consent of the 22
86+local government; and 23
8287
83- (iii) Schedule spraying when the conditions are optimal for ingestion
84-by nuisance insects;
88+ (iii) Private property with the consent of the property owner. 24
8589
86- (iv) Notify appropriate persons of the date and location of an
87-upcoming spraying; and
90+ (3) To carry out the program, the Secretary may: 25
8891
89- (v) Review the effectiveness of spraying.
92+ (i) Treat property with an aerial spraying or backpack spraying of 26
93+Bacillus thuringiensis israelensis; 27
9094
91- (b) Notice provided under subsection (a)(3)(iv) of this section shall, at a minimum,
92-be:
95+ (ii) Conduct field studies to determine the need for, location, and 28
96+time of spraying; 29
97+ HOUSE BILL 929 3
9398
94- (1) Provided to:
9599
96- (i) Local press outlets;
97- WES MOORE, Governor Ch. 680
100+ (iii) Schedule spraying when the conditions are optimal for ingestion 1
101+by nuisance insects; 2
98102
99-– 3 –
100- (ii) County and local governments that are in the area that will be
101-affected by the spraying;
103+ (iv) Notify appropriate persons of the date and location of an 3
104+upcoming spraying; and 4
102105
103- (iii) Emergency responders and associated agencies that service the
104-area that will be affected by the spraying; and
106+ (v) Review the effectiveness of spraying. 5
105107
106- (iv) The local riverkeeper for the area that will be affected by the
107-spraying; and
108+ (b) Notice provided under subsection (a)(3)(iv) of this section shall, at a minimum, 6
109+be: 7
108110
109- (2) Posted on appropriate social media sites.
111+ (1) Provided to: 8
110112
111- (c) (1) The Secretary [may] SHALL carry out a project to use Bacillus
112-thuringiensis israelensis to control or eliminate nuisance insects under this section if the
113-county or municipality in which the nuisance insects are located agrees to pay 50% of the
114-costs associated with the project.
113+ (i) Local press outlets; 9
115114
116- (2) The Secretary shall remit any payment from a county or municipality
117-received under this subsection to the Comptroller for deposit to the Nuisance Insects Fund,
118-established under § 5–1004 of this subtitle.
115+ (ii) County and local governments that are in the area that will be 10
116+affected by the spraying; 11
119117
120- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
121-1, 2024.
118+ (iii) Emergency responders and associated agencies that service the 12
119+area that will be affected by the spraying; and 13
122120
123-Approved by the Governor, May 9, 2024.
121+ (iv) The local riverkeeper for the area that will be affected by the 14
122+spraying; and 15
123+
124+ (2) Posted on appropriate social media sites. 16
125+
126+ (c) (1) The Secretary [may] SHALL carry out a project to use Bacillus 17
127+thuringiensis israelensis to control or eliminate nuisance insects under this section if the 18
128+county or municipality in which the nuisance insects are located agrees to pay 50% of the 19
129+costs associated with the project. 20
130+
131+ (2) The Secretary shall remit any payment from a county or municipality 21
132+received under this subsection to the Comptroller for deposit to the Nuisance Insects Fund, 22
133+established under § 5–1004 of this subtitle. 23
134+
135+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 24
136+1, 2024. 25