Bill SD.1219

SENATE DOCKET, NO. 1219 FILED ON: 1/15/2025

SENATE . . . . . . . . . . . . . . No.

[Pin Slip]

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 445 OF 2023-2024.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)

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An Act establishing an ecologically-based mosquito management program in the Commonwealth to protect public health.

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 is hereby amended by striking section 2, as appearing in the 2022 Official Edition, and inserting in place thereof the following section:-

Section 2.(a) As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:

“Adulticiding”, the use of pesticides intended to kill adult mosquitoes.

“Disease vector”, any species of mosquito which contributes to the amplification or transmission of any disease, including Eastern Equine Encephalitis or West Nile Virus, among human or non-human populations by injection of salivary gland fluid during biting.

“Larviciding”, the use of pesticides intended to kill larval or pupal mosquitoes.

“PFAS”, a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

“Source reduction”, a method of managing mosquitoes that relies on reducing or eliminating the ability of larval habitats to support the development of larvae, including removal of artificial sources of standing, stagnant water or the restoration of natural flows and wetland systems to improve access by predators, water quality and overall aquatic health.

(b) There shall be a Mosquito Management Board, in this chapter called the board, which shall consist of:

(1) 1 employee of the department of environmental protection designated by its commissioner who shall serve as chair; 1 employee of the department of agriculture designated by its commissioner; 1 employee of the department of fish and game designated by its commissioner; and 2 employees of the department of public health designated by its commissioner, 1 of whom represents environmental health; and

(2) 5 members designated by the secretary of energy and environmental affairs including 1 person representing a statewide land conservation organization or a regional or statewide river protection organization; 1 person representing beekeepers; 1 person representing a group that works to protect native pollinators; 1 person who is an expert in pesticides and mosquito control and 1 person who is an ecological risk assessor with a background in ecotoxicology. Each of the 5 members designated in this paragraph shall be designated for a term of 4 years, except for persons designated to fill vacancies, who shall serve for the unexpired term. Any member appointed under paragraph 2 of this subsection shall be eligible for reappointment, so long as no specific member shall serve for more than 2 terms.

The designation of any member of said board may be revoked at any time, and in such case or in case of the resignation or disability of any member their successor shall be designated in the same manner as in the original designation. The board shall serve in the department of food and agriculture, 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.

(c) The board shall regulate and oversee all disease vector mosquito management activities in the commonwealth and prepare a science-based statewide Integrated Pest Management mosquito-borne disease management plan, hereinafter called the plan. State agencies and subdivisions including but not limited to mosquito control districts, mosquito control projects and municipalities shall adhere to the plan when conducting mosquito management activities.

The plan shall provide an ecologically sustainable approach to the management of mosquito populations combining cultural, physical, biological and, when strictly necessary to protect public health, least-toxic chemical control strategies. The plan shall include the following:

(1) an emphasis on preventative measures to protect humans and livestock from mosquito-borne diseases, including surveillance, monitoring and public education on eliminating breeding sites and taking personal protective actions;

(2) source reduction, including removal of discarded tires and other rubbish, cleaning or draining of artificial mosquito breeding sites and restoration of streams and wetlands to restore natural flows and provide access to fish and other mosquito predators, shall be the preferred management measures;

(3) larvicide use shall be limited to locations where disease-bearing mosquitoes are present and source reduction has been implemented;

(4) adulticides shall only be applied to abate disease-bearing mosquitoes where all other methods have been implemented and the disease risk is high or critical as determined by the department of public health;

(5) aerial application of mosquito-control adulticides is prohibited;

(6) ground adulticide applications shall be limited to locations where mosquito-borne disease is detected in the current year in mosquitoes, other animals or humans; and

(7) use of larvicides or adulticides containing PFAS or other fluorinated compounds is prohibited.

The board shall post a public notice of availability of the draft plan in the environmental monitor and provide a 60-day public comment period. The board shall duly consider and respond to comments received and finalize the plan. The plan shall be updated every 3 years, or more frequently, with public review. Annual operational plans and practices of any public entity conducting mosquito management activities shall be consistent with the statewide plan and revised annually based on efficacy data and mitigation of non-target impacts.

The board shall annually review and certify integrated pest management mosquito management plans submitted by mosquito districts or projects, municipalities and any other public agency conducting mosquito management activities; ensure consistency with the statewide plan; create policies and oversee procedures for monitoring and responding to vector-borne diseases; advise the governor when a public health emergency arises due to disease-bearing mosquitoes imminently threatening to public health; authorize and carry out investigations and keep records; and carry out disease-bearing mosquito management programs when a significant area of the state is affected.

The board shall provide statewide education on mosquito borne diseases, best practices for eliminating artificial standing water and personal protection measures to avoid mosquito bites. The board shall ensure that all municipalities are provided with access to mosquito surveillance upon request with payment of reasonable fees. Municipalities and landowners shall have the right to opt out of larviciding or adulticiding except following a public health emergency declared by the governor that includes a finding that disease-bearing mosquitoes are present at high or critical risk levels determined by the department of public health in the locations to be treated.

The board shall annually publish, on the commonwealth’s website, activities and expenditures of the board and mosquito control districts or projects and the efficacy and impacts of the work.

SECTION 2. Section 5A of said chapter 252, as so appearing, is hereby amended by striking out, in lines 82 and 88, in each instance, the following words:- state reclamation

SECTION 3. Section 5B of said chapter 252, as so appearing, is hereby amended by striking out, in line 22, the following words:- state reclamation

SECTION 4. Said section 5B of said chapter 252, as so appearing, is hereby further amended by striking out, in line 25, the following word:- reclamation

SECTION 5. Section 14C of said chapter 252, as so appearing, is hereby amended by striking out, in lines 4 and 5, the following words:- state reclamation

SECTION 6. Section 24 of said chapter 252, as so appearing, is hereby amended by striking out, in line 1, the words “state reclamation” and inserting in place thereof the following words:- mosquito management

Name:	District/Address:
Joanne M. Comerford	Hampshire, Franklin and Worcester