Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 4B of chapter 21 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 2, the word "insect" and inserting in place thereof the words:- shade tree management and.

SECTION 2. Said chapter 21 is hereby further amended by striking out section 4C, as so appearing, and inserting in place thereof the following section:-

Section 4C. The bureau of shade tree management and pest control shall perform such duties as the director, with the approval of the commissioner, may require. In addition to such other duties as may be invested in it by law or by assignment from the director, the bureau shall be responsible for shade tree management, arboriculture service and insect suppression activities on state property, and provide technical, consulting and financial assistance to cities and towns for maintenance, care and management of their public shade tree and for the suppression of public nuisances as defined in section eleven of chapter one hundred and thirty-two. It may, subject to the approval of the director, other provisions of general or special law to the contrary notwithstanding, require to be carried out under its direction all tree spraying or other treatment which may be performed by other departments, agencies or political subdivision of the commonwealth. The bureau may promulgate rules and regulations to carry out its duties and powers.

SECTION 3. Chapter 132 of the General Laws is hereby amended by striking out section 1A, as so appearing, and inserting in place thereof the following section:-

Section 1A. The chief superintendent of the bureau of shade tree management and pest control shall act for the commonwealth in suppressing the pests declared in section eleven to be public nuisances, and in accordance with the provision of section thirteen of chapter twenty-one, shall perform such other duties imposed upon him by the commissioner. He shall keep a record of all expenditures made by or authorized by him, and shall prepare an annual report for the commissioner. He shall provide technical advice and consulting services to cities and towns in the development and implementation of public shade tree management plans and programs. He shall have the authority, with the approval of the commissioner and secretary of administration and finance to receive, administer and expend without further appropriation, in accordance with the provision of section sixteen, any federal funds, state funds appropriated by the general court, and private funds that may be made available for the purpose of assisting cities and towns in the maintenance, care and management of their public shade trees.

SECTION 4. Section 8 of said chapter 132, as so appearing, is hereby amended by striking out, in line 3, the word "insect" and inserting in place thereof the words:- shade tree management and.

SECTION 5. Section 11 of said chapter 132, as so appearing, is hereby amended by striking out, in line 26, the word "insect" and inserting in place thereof the words:- shade tree management and.

SECTION 6. Said chapter 132 is hereby further amended by striking out section 16, as so appearing, and inserting in place thereof the following section:-

Section 16. Any city or town, which has a public shade tree inventory, not more than five years old, a public shade tree management plan approved by the state forester, and is in compliance with all requirements of law as well as any rules and regulations of the chief superintendent pertaining thereto, may apply to the bureau of shade tree management and pest control, hereinafter the bureau, for partial reimbursement of total expenditures made during the calendar year for the care, control and management of their public shade trees. Compensable activities include, but are not limited to, the planting, pruning, and removal of public shade trees. Any expenditures made for suppressing public nuisances as they affect public shade trees are excluded from the above.

Application for financial assistance as provided by the bureau must be received annually by the chief superintendent. Reimbursements shall not exceed fifty per cent of the expenditures made by the city or town and shall be based on a program of evaluation as may be adopted by said chief superintendent, with the approval of the Commissioner.

Any city or town which has expended during the calendar year for the suppression of said public nuisances, an amount equal to its financial liability as provided in section fourteen, and has complied with the requirements of law and the rules and regulations of said chief superintendent pertaining thereto, may apply for assistance of the bureau in taking further measures for the control of said public nuisances. The value of such assistance shall not exceed fifty per cent of the expenditures made by the said city or town in excess of its financial liability as provided for in section fourteen.

SECTION 7. Section eleven A of said chapter one hundred and thirty-two is hereby repealed.

SECTION 8. Section 12A of said chapter 132, as appearing in the 1984 Official Edition, is hereby amended by striking out, in line 8, the word "insect" and inserting in place thereof the words:- shade tree management and.

SECTION 9. Said chapter 132 is hereby further amended by striking out section 13, as so appearing, and inserting in place thereof the following section:-

Section 13. The city manager and the town manager in cities and towns having such a manager, otherwise the mayor in cities and the selectmen in towns, shall appoint for a term of three years a local superintendent of shade tree management and pest control, hereinafter called the local superintendent, for the suppression of the public nuisances named in section eleven. Said local superintendent shall be qualified by training and experience to enable him to carry out efficiently the powers and duties of his position, and shall be licensed or certified to apply pesticides in accordance with the rules and regulations of the pesticide board in the department of food and agriculture. The commissioner shall be notified in writing forthwith of the said appointment, and the name and address of said local superintendent. Said local superintendent shall, pursuant to the advice and general direction of the chief superintendent, destroy said public nuisances within his city or town, including wood infected by said Dutch elm disease or infested with the beetles which spread said disease, or likely to become so infested, except on property under the control of the commonwealth. The local superintendent may appoint such assistants as appropriations are made for by a city or town, and may designate the tree warden to assist him.

SECTION 10. Section seventeen of said chapter one hundred and thirty-two is hereby repealed.

SECTION 11. Chapter 723 of the acts of 1983 is hereby amended by striking out section 9V and inserting in place thereof the following section:-

Section 9V. A portion of the funds provided in sections nine to nine T, inclusive, of this act may be used for the costs of the commonwealth associated with the acquisition or development of property or the administration of the grant programs set forth in said sections. Such associated costs may include the cost of legal services, inspections, audits, appraisals, design, engineering, and planning. No amounts authorized in sections nine to nine T, inclusive, of this act shall be used for the payment of any salaries of permanent or temporary employees of the commonwealth.