The Massachusetts Legislature  passed legislation that will help protect residents from Eastern Equine Encephalitis (EEE), a mosquito-borne arbovirus that is rare but can be fatal. The bill, which now moves to the governor’s desk, comes amid an already active mosquito season across the state.

“We must act quickly to protect our residents given the mosquito season is well underway and health officials this week discovered the presence of the EEE virus for the third time after testing mosquito samples,” stated Senate President Karen E. Spilka (D-Ashland). “Central Massachusetts, for the first time, was one of the many areas impacted by last year’s EEE outbreak.  With chances of EEE continuing to spread to other areas of the state, now is the time to act. This bill establishes a comprehensive and coordinated approach to tackling EEE that will reach all corners of the Commonwealth. I would like to thank Senators Comerford and Rodrigues for advancing this issue with urgency. I look forward to seeing this critical bill become law.” 

Last year, Massachusetts saw a resurgence of EEE, with more than two hundred communities designated as moderate to critical risk by the Department of Public Health (DPH). The virus is spread through the bite of an infected mosquito and can impact humans of any age as well as animals. Massachusetts typically experiences outbreaks every 10-20 years, and the outbreak can last for two to three years. In late September 2019, the DPH confirmed three people died due to EEE. Prior to 2019, the most recent outbreak, according to state health officials, began in 2010.  

The bill authorizes the State Reclamation and Mosquito Control Board (SRMCB) to take actions to reduce the mosquito population if the Department of Public Health determines there may be an elevated risk of EEE.  

The bill passed in the House as H.4843, an Act to Mitigate Arbovirus in the Commonwealth.

“With this bill, we’re ensuring that the Department of Public Health can respond to the most imminent health concerns posed by EEE, while moving the Commonwealth toward a more sustainable, comprehensive, and environmentally protective plan for the future," said Rep. Dykema.

This legislation also takes steps to improve the long-term sustainability of mosquito control efforts by creating a task force to make recommendations designed to protect public health while limiting the environmental impact of arbovirus control. Rep. Dykema advocated for a robust, multistakeholder, task force made up of a team of public health, environmental, and agricultural regulators.

Rep. Dykema worked with the Public Health Committee and the House Ways & Means Committee, as well as a number of local environmental advocates, to develop a broad mandate for the task force and increase the transparency and notification of spraying activities for municipalities.

“It is my hope that these measures will bring our mosquito control response into the 21st century,” said Rep. Dykema. “We must recognize the need to protect both our public health and our fragile ecosystems.”

The bill’s actions include public education, surveillance of the mosquito population, elimination of standing water and application of larvicides that safely prevent mosquitoes from becoming adults. The SRMCB would also be authorized to conduct aerial pesticide spraying, subject to notifying the public and putting in place procedural safeguards. Certain landowners, such as owners of organic farms, may apply to opt-out of spraying, and a municipality may opt-out of spraying if the Executive Office of Energy and Environmental Affairs approves an alternative mosquito management plan provided by the municipality. The bill also creates a Mosquito Control for the 21st Century Task Force to recommend reforms to modernize and improve the state’s mosquito control system. 

The bill now moves to the governor for consideration.