HOUSE DOCKET, NO. 3425        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 682

The Commonwealth of Massachusetts

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PRESENTED BY:

Angelo L. D'Emilia

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the State Reclamation and Mosquito Control Board.

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PETITION OF:

HOUSE DOCKET, NO. 3425        FILED ON: 1/18/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 682

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to the State Reclamation and Mosquito Control Board.

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.  Chapter 252 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking sections 1 to 3, inclusive, and inserting in place thereof the following:-

Section 1.  If it is necessary or useful (1) to drain or manage the flow a meadow, swamp, marsh, beach or other low land to reduce mosquito developmental habitat, or (2) to remove obstructions in rivers or streams leading thereto or therefrom that create mosquito developmental habitats, or (3) to control mosquitoes in any area infested, such improvements and other pertinent interventions may be made as provided in this chapter. Habitat modifications and treatments to control mosquitoes may thereby be performed in efforts to reduce existing or potential risk of mosquito borne disease, or to mitigate quality of life concerns that result from populations of mosquitoes.

Section 2. A five-member mosquito control board, hereafter called the board, shall be constituted by one employee each of the department of environmental protection, the department of agricultural resources, and department of public health, as designated by the respective commissioner, as well as one representative of the regional mosquito control projects elected by a two-thirds majority vote of their superintendents, and one representative of member communities elected by a majority vote of project commissioners.  The designation of any member of said board may be revoked at any time by that member’s department commissioner or, in the case of the members representing the mosquito control projects and communities, by a two-thirds majority vote of project superintendents and commissioners, respectively. In the case of the resignation, disability or revocation of any member, the successor shall be designated in the same manner as in the original designation. The board shall serve within the department of agricultural resources, and the members thereof shall receive no additional compensation for service on said board, but shall be entitled to their reasonable traveling and other expenses incurred in the performance of their duties. The board shall appoint an executive director and support staff to facilitate the business performed on behalf of the board.  The executive director shall not be a voting member, but will report directly to the secretary of the executive office of health and human services and the secretary of the executive office of energy and environmental affairs.

Section 3.  The board shall ensure that projects are sufficiently staffed and afforded resources, as appropriate and available, to render services to their respective municipalities, and adhere to relevant state guidelines and requirements relative to the administration of projects including, but not limited to, procurement and employment procedures.  The board may form and populate subcommittees as it sees fit to develop policies and implement activities, including but not limited to, communication, education, research and the scientific assessment of mosquito control impacts and efficacy. In response to the work and recommendation of said subcommittees, the board may establish mandatory policies for the operation and activities of projects.

SECTION 2.  .  Chapter 252 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking section 14D and inserting in place thereof the following:-

Section 14D.  Under policies established by the mosquito control board, mosquito projects shall have the authority to enter upon all public lands for the purpose of assessing the extent to which said properties contain mosquito developmental habitats or are otherwise harboring mosquitoes that may transmit pathogens or pose significant nuisance. In the event that it is determined that properties are harboring habitat or mosquito populations that, in the opinion of the project, are of significant concern, the project shall inform the board of health of the municipality in which the property lies. Upon request of either agency, the project shall propose a proposed plan for abatement.  In the event that public landowners are unable or otherwise fail to mitigate risk to the satisfaction of the mosquito control project or the board, the board shall have authority to implement interventions and may assess costs to the property owner.