Massachusetts could use statewide mosquito control after a risk finding

The State Reclamation and Mosquito Control Board would be allowed to take preventive and control measures. The board could act anywhere in Massachusetts through mosquito control districts, other state agencies, or hired professionals. The public health commissioner would need to issue a written finding that an elevated risk of insect-borne viruses exists or may exist. The commissioner would publish the finding and a summary of supporting data. The board would consult the Department of Public Health. Actions would have to protect public health while limiting environmental harm as much as feasible. The risk finding would cover the current or following year.

The mosquito control board would give advance spraying notices and publish reports on its control efforts. Notices would reach affected local officials, agricultural operations, owners who opted out, and people requesting alerts. Schools and child care programs would receive required notices. Notices would identify locations, products, health risks, schedules, and property owners’ opt-out steps. If weather delays aerial spraying beyond the announced dates, the original notice would remain effective for 48 hours after conditions improve. The board would make a good faith effort to tell the public about schedule changes where reasonably possible. Notices to covered recipients and on the board’s website would come at least 48 hours before operations. Reports would describe methods, areas sprayed, applications, products, and results within 30 days after any control measure.

State environmental officials would develop a spraying opt-out process for towns and agricultural operations. The mosquito control board would provide private owners with opt-out applications. The process would cover towns and agricultural operations. Spraying notices would explain property owners’ opt-out steps, including for properties outside mosquito control districts. Towns and agricultural operations would need an alternative mosquito management plan approved by the Executive Office of Energy and Environmental Affairs. That office would provide planning guidance and could consider effects on regional mosquito control before approving a plan. Private owners’ opt-out applications and the procedures described in notices would follow state pesticide rules.