2020 -- H 7870

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LC004711

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO HEALTH AND SAFETY -- CONTROL OF MOSQUITOES AND TICKS

     Introduced By: Representatives Craven, McEntee, and Caldwell

     Date Introduced: February 26, 2020

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 7.2

CONTROL OF MOSQUITOES AND TICKS

     23-7.2-1. Short title.

     This chapter shall be known and may be cited as the "Control of Mosquitoes and Ticks

Act."

     23-7.2-2. Declaration of policy.

     The state supports programs to control the diseases carried by mosquitoes and ticks. These

programs are most effective when they adhere to the following principles:

     (1) Mosquitoes and ticks carry diseases that present serious risks to the public health of

those living and visiting Rhode Island.

     (2) Rhode Island maintains a mosquito control program that appropriately focuses on

prevention. This focus on prevention is consistent with federal guidance from the United States

Environmental Protection Agency and the Centers for Disease Control and Prevention promoting

integrated pest management and integrated mosquito management strategies.

     (3) Application of pesticides to control adult mosquitoes is best reserved as a control

method of last resort. Controlling adult mosquitoes via large scale spraying of insecticides kills

beneficial insects, is inconsistent with organic farming/gardening and is less cost-effective than

prevention strategies.

     (4) Tick-borne disease presents a significant health risk in Rhode Island. Compared to the

problems of mosquitoes and mosquito-borne disease, little attention is given to the control of ticks

and tick-borne disease.

     (5) Pets are vulnerable to some mosquito-and tick-borne diseases.

     (6) The state's ad hoc mosquito-borne disease advisory group demonstrates that state

agencies are capable of convening scientists to provide credible, accurate advice for the purposes

of developing sound, cost-effective policies.

     (7) Private pest management professionals offer mosquito/tick control services to their

clients. These activities are not tightly regulated and their impacts uncertain. Pest management

professionals could benefit from specific training on mosquito/tick control and from credible,

practical guidance from the Rhode Island departments of health and environmental management.

     23-7.2-3. Planning and reporting.

     (a) The departments of health and environmental management shall submit an annual

report on the status of mosquito-borne disease and its control in Rhode Island. This report shall

guide the state's plan for mosquito control activities.

     (b) The departments of health and environmental management shall submit an annual plan

for the control of mosquitoes and the diseases they carry. The plan shall describe prevention

activities, such as the application of larvacides by municipalities, the status of the state's mosquito

surveillance network and the state's protocols for using these surveillance data to guide responses

to increased risk of mosquito-borne disease.

     (c) The departments of health and environmental management shall submit an annual

report and an annual plan on the control of ticks and the diseases they carry. This report and plan

can either be separate from or included as part of the mosquito report and plan required in

subsections (a) and (b) of this section.

     (d) All reports required in subsections (a), (b) and (c) of this section shall include an

opportunity for public input and provide guidance to individuals and pest management companies

regarding mosquito and tick control.

     (e) Municipalities shall review these department reports to determine opportunities

available to reduce these risks.

     23-7.2-4. Responding to threats of mosquito- and tick-borne disease.

     (a) The mosquito control plans required in § 23-7.2-3(b) shall include protocols regarding

emergencies that warrant spraying insecticides over large areas. These protocols shall include

methods for determining the effectiveness of the insecticide application and whether it achieved a

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sustained reduction in the risk of disease.

     (b) When public funds are used for aerial spraying of pesticides or other emergency

response activities, twenty percent (20%) of these funds shall be set aside to expand routine

mosquito surveillance capacity to allow assessments to determine whether the emergency action

achieved any sustained reduction in mosquito-borne and tick-borne disease risk.

     23-7.2-5. Promotion of integrated pest management practices in the private sector.

     (a) The department of environmental management shall expand the categories of applicator

certification under § 23-25-10 to include a certification for mosquito and tick control.

     (b) All pesticide control applicators certified pursuant to chapter 25 of title 23 shall add a

surcharge of five percent (5%) to all mosquito and tick control services rendered. These surcharges

shall be paid to the department of environmental management and shall be distributed to

municipalities to support prevention activities related to mosquito and tick control.

     (c) This section shall not apply to any applicator employed by the state or any of its

subdivisions.

     23-7.2-6. Emergency powers.

     Nothing in this chapter shall prevent the director of health in an extreme emergency to the

public health from exercising powers provided in §§ 23-1-20 through 23-1-23.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- CONTROL OF MOSQUITOES AND TICKS

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     This act would establish a program to control mosquitoes and ticks by the departments of

health (DOH) and environmental management (DEM) to coordinate the state's response to

combatting the spread of mosquito-borne and tick-borne diseases.

     This act would take effect upon passage.

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