EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0854*
SENATE BILL 854
M4 4lr3210
CF HB 929
By: Washington County Senators
Introduced and read first time: February 2, 2024
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
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 GENERA L ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Agriculture 22
5–1001. 23
(a) In this subtitle the following words have the meanings indicated. 24
2 SENATE BILL 854
(c) (1) “Nuisance insect” means an insect that is determined by the Secretary 1
to pester or annoy only humans. 2
(2) “Nuisance insect” does not include: 3
(i) An insect that is a threat to the health of humans, animals, or 4
plants; or 5
(ii) A pollinator. 6
5–1002. 7
The General Assembly finds that the proliferation of certain species of insects, 8
including the group Simulium jenningsi, commonly known as black flies, while not posing 9
a direct threat to the health of humans, animals, or plants, may constitute a public and 10
common nuisance on land and waters used for recreation, employment, and tourism. 11
5–1003. 12
(a) (1) [Subject to available funding in] IN ACCORDANCE WITH the State 13
budget and subject to subsection (b) of this section, the Secretary [may] SHALL implement 14
a program to use Bacillus thuringiensis israelensis to control or eliminate nuisance insects 15
in the State. 16
(2) The program shall be implemented on: 17
(i) State–owned property; 18
(ii) Property owned by a local government with the consent of the 19
local government; and 20
(iii) Private property with the consent of the property owner. 21
(3) To carry out the program, the Secretary may: 22
(i) Treat property with an aerial spraying or backpack spraying of 23
Bacillus thuringiensis israelensis; 24
(ii) Conduct field studies to determine the need for, location, and 25
time of spraying; 26
(iii) Schedule spraying when the conditions are optimal for ingestion 27
by nuisance insects; 28
(iv) Notify appropriate persons of the date and location of an 29
upcoming spraying; and 30
SENATE BILL 854 3
(v) Review the effectiveness of spraying. 1
(b) Notice provided under subsection (a)(3)(iv) of this section shall, at a minimum, 2
be: 3
(1) Provided to: 4
(i) Local press outlets; 5
(ii) County and local governments that are in the area that will be 6
affected by the spraying; 7
(iii) Emergency responders and associated agencies that service the 8
area that will be affected by the spraying; and 9
(iv) The local riverkeeper for the area that will be affected by the 10
spraying; and 11
(2) Posted on appropriate social media sites. 12
(c) (1) The Secretary [may] SHALL carry out a project to use Bacillus 13
thuringiensis israelensis to control or eliminate nuisance insects under this section if the 14
county or municipality in which the nuisance insects are located agrees to pay 50% of the 15
costs associated with the project. 16
(2) The Secretary shall remit any payment from a county or municipality 17
received under this subsection to the Comptroller for deposit to the Nuisance Insects Fund, 18
established under § 5–1004 of this subtitle. 19
SECTION 2. AND BE IT FURTHER ENACTED, T hat this Act shall take effect July 20
1, 2024. 21