Bill Text: NJ A4344 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires all counties to establish mosquito control commissions and report certain mosquito control activities to State Mosquito Control Commission; requires State Mosquito Control Commission to develop guidelines to aid county commissions.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2022-06-20 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A4344 Detail]
Download: New_Jersey-2022-A4344-Introduced.html
Sponsored by:
Assemblywoman BETH SAWYER
District 3 (Cumberland, Gloucester and Salem)
Co-Sponsored by:
Assemblymen Guardian, Auth and Assemblywoman Eulner
SYNOPSIS
Requires all counties to establish mosquito control commissions and report certain mosquito control activities to State Mosquito Control Commission; requires State Mosquito Control Commission to develop guidelines to aid county commissions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning county mosquito control commissions, amending various parts of the statutory law, supplementing Title 26 of the Revised Statutes, and repealing P.L.1948, c.383.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.26:9-1 is amended to read as follows:
26:9-1. As used in this chapter:
"Director" means the [director] Director of the [state experiment station] New Jersey Agricultural Experiment Station.
["Commission", "county commission", or "county mosquito commission" means the county mosquito extermination commission] "County mosquito control commission" or "commission" means the county commission established pursuant to R.S.26:9-13 for the control of mosquitos within a county.
(cf: R.S.26:9-1)
2. R.S.26:9-10 is amended to read as follows:
26:9-10. The commission shall have all the powers of a local board in so far as the same pertain to a mosquito breeding nuisance artificially created and water in which mosquito larvae breed, but such power shall not extend over any lands owned by a municipality, county, or the [state] State. The powers granted by this article shall not be construed as to limit the powers conferred on county mosquito [extermination] control commissions by [sections] R.S.26:9-13 et seq. [to 26:9-26 of this title].
(cf: R.S.26:9-10)
3. Section 1 of P.L.1949, c.89 (C.26:9-12.1) is amended to read as follows:
1. The amount annually appropriated as State aid for mosquito extermination and control [in counties bordering on the Atlantic ocean] to the State Department of Health shall be used by the State Commissioner of Health in airplane spraying for mosquito extermination in [each of such counties] all counties throughout the State in accordance with the health needs of the respective counties as determined by the State Commissioner of Health [, said work to be done] in conjunction with the [work of the Mosquito Extermination Commission in said] appropriate county mosquito control commission.
(cf: P.L.1949, c.89, s.1)
4. Section 6 of P.L.1956, c.135 (C.28:9-12.8) is amended to read as follows:
6. The New Jersey [State] Agricultural Experiment Station and the [several] county mosquito [extermination] control commissions shall cooperate with the [commission] State Mosquito Control Commission in the furnishing of information and the performance of any services which may be requested of them by the State Mosquito Control commission in the carrying out of the purposes of this act.
(cf: P.L.1956, c.135, s.6)
5. R.S.26:9-13 is amended to read as follows:
26:9-13. No later than one year after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), [The] the board of [chosen freeholders] county commissioners of each county, that does not currently have a county mosquito control commission, shall [appoint a board of commissioners to be known as "the (here insert name of county)] establish a county mosquito [extermination] control commission ["for the county] and appoint members pursuant to R.S.26:9-14 et seq.
(cf: P.L.1948, c.383, s.1)
6. R.S.26:9-14 is amended to read as follows:
26:9-14. Each county mosquito [extermination] control commission shall be composed of six members in addition to the Director of the [State] New Jersey Agricultural Experiment Station and the Commissioner of Health, or their designees, who shall be ex-officio members and who shall cooperate with them for the effective carrying out of their plans and work. At least three of the [appointive] appointed members shall be persons who are or have been members or employees of boards of health, and one [appointive] appointed member shall be a member of the board of [chosen freeholders] county commissioners of the county.
(cf: P.L.1971, c.207, s.1)
7. R.S.26:9-14.1 is amended to read as follows:
26:9-14.1. Notwithstanding the provisions of any other law, a county mosquito [extermination] control commission shall be composed of the members appointed pursuant to R.S. 26:9-14 plus one additional member appointed for a term of [3] three years.
(cf: P.L.1973, c.295, s.1)
8. R.S.26:9-20 is amended to read as follows:
26:9-20. The board of [freeholders] county commissioners of the county shall provide the commission with a suitable office where its maps, plans, documents, records, and accounts shall be kept, subject to public inspection at such times and under such reasonable regulations as the commission may determine.
(cf: R.S.26:9-20)
9. R.S.26:9-22 is amended to read as follows:
26:9-22. [The commission] Each county mosquito control commission shall, on or before the first of November in each year, [file with] submit to the director a detailed estimate of the moneys required for the ensuing year, and a plan of the work to be done. The director shall approve or modify such estimate and plan, and when [finally] approved [by him shall], forward them, on or before the first of December each year, to the board of [freeholders] county commissioners of the county.
(cf: R.S.26:9-22)
10. R.S.26:9-23 is amended to read as follows:
26:9-23. The board of [freeholders] county commissioners of the county or other body having control of the finances thereof, shall include annually in the tax levy the amount of money needed for mosquito control; but in no year shall the amount so raised exceed the following amounts:
a. In counties where the assessed valuations are not more than $25,000,000.00, a sum not greater than one mill on every dollar of assessed valuations.
b. In counties where the assessed valuations are not more than $50,000,000.00, a sum not more than one-half of one mill on every dollar of assessed valuations.
c. In counties in which the assessed valuations are in excess of $50,000,000.00, a sum of not more than one-quarter of one mill on every dollar of assessed valuations.
(cf: P.L.1977, c.366, s.2)
11. R.S.26:9-25 is amended to read as follows:
26:9-25. [The commission] Each county mosquito control commission shall, on or before the first of November in each year, submit to the State Mosquito Control Commission, the director, and [to] the board of [freeholders] county commissioners of the county a report [setting forth the amount of moneys expended] concerning the commission's mosquito control activities during the previous year[, the methods employed, the work accomplished, and any other information which in its judgment may seem pertinent]. The report shall include, at a minimum:
a. a list of all mosquito control and extermination activities utilized during the year including the location where the mosquito control activity took place and the method of mosquito control utilized;
b. a description of the source reduction methods utilized to control mosquito populations within the county during the previous year;
c. a description of the biological control methods utilized to control mosquito populations within the county during the previous year;
d. a description of the chemical control methods utilized to control mosquito populations within the county during the previous year;
e. data gathered during the previous year through the surveillance of mosquito populations and an explanation on how this surveillance information was utilized to determine the appropriate method of mosquito control to be used during mosquito control activities;
f. the approximate cost of each mosquito control activity during the previous year; and
g. any other information that the county mosquito control commission determines necessary.
(cf: R.S.26:9-25)
12. R.S.26:9-27 is amended to read as follows:
26:9-27. The board of [freeholders] county commissioners in any county may:
a. Eliminate all breeding places of mosquitoes within the county;
b. Adopt and execute such plans as in its judgment will tend to exterminate mosquitoes; and
c. Purchase such material and equipment as may be necessary or proper [for said purpose] to execute their duties.
(cf: R.S.26:9-27)
13. R.S.26:9-28 is amended to read as follows:
26:9-28. When the board of [freeholders] county commissioners of any county, by resolution approved by a majority of the members of the board, shall declare that it is expedient or necessary to eliminate breeding places of mosquitoes within the county, the board may issue bonds, in the corporate name and under the corporate seal of the county, to provide moneys for such work. Such bond issue shall not exceed [three hundred thousand dollars] $300,000.
(cf: R.S.26:9-28)
14. R.S.26:9-30 is amended to read as follows:
26:9-30. The board of [freeholders] county commissioners of any county in which there is a county mosquito [extermination] control commission may authorize, designate, and employ such commission to submit plans and to perform the work and furnish the material which, in the judgment of the board, may exterminate mosquitoes or eliminate their breeding places.
(cf: R.S.26:9-30)
15. (New section) a. No later than two years after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the State Mosquito Control Commission, in consultation with the Director of the New Jersey Agricultural Experiment Station, shall establish mosquito control guidelines to assist county mosquito control commissions in mosquito control and extermination activities. The guidelines shall include, at a minimum:
(1) best management practices for mosquito control activities within the State;
(2) information on pressing mosquito control problems within the State including specific references to certain counties where the problem exits;
(3) information on mosquito control techniques including, but not limited to, surveillance, source reduction, chemical control, biological control, and water management;
(4) information on the importance of properly maintaining bodies of water within the State to improve water flow and drainage;
(5) Statewide criteria on when mosquito control action is required; and
(6) information on the services that are available by the State Mosquito Control Commission to support county mosquito control commissions.
b. In developing the guidelines pursuant to this section, the State Mosquito Control Commission shall utilize the reports submitted by the county mosquito control commissions pursuant to section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. The guidelines established pursuant to this section shall be published on the Internet website of the State Mosquito Control Commission and updated annually to reflect new mosquito control research and best practices as well as the information received in the annual reports submitted to the State Mosquito Control Commission by county mosquito control commissions pursuant to section 11 of P.L. , c. (C. ) (pending before the Legislature as this bill).
16. Section 2 of P.L.1948, c.383 (C.26:9-13.1) is repealed.
17. This act shall take effect immediately.
STATEMENT
This bill would require, no later than one year after the bill's effective date the board of county commissioners of each county within the State, that does not currently have a county mosquito control commission, to establish a county mosquito control commission for the county and appoint members pursuant to R.S.26:9-14 et seq. Currently, there are four counties within the State that have mosquito control commissions: Camden County; Middlesex County; Ocean County; and Warren County. This bill would require all other counties within the State to establish a mosquito control commission.
The bill also expands the authorized use of State aid appropriations for mosquito extermination and control to include airplane spraying for mosquito extermination in all State counties. The bill would remove the current restriction that authorizes the use of State aid appropriations for airplane spraying for mosquito extermination only in counties bordering the Atlantic Ocean.
The bill would also require each county mosquito control commission to submit, on or before the first of November in each year, a report to the State Mosquito Control Commission, the Director of the New Jersey Agricultural Experiment Station, and to the board of county commissioners of the county concerning the commission's mosquito control activities during the previous year. The report would be required to include, at a minimum: (1) a list of all mosquito control and extermination activities utilized during the year including the location where the mosquito control activity took place and the method of mosquito control utilized; (2) a description of the source reduction methods utilized to control mosquito populations within the county during the previous year; (3) a description of the biological control methods utilized to control mosquito populations within the county during the previous year; (4) a description of the chemical control methods utilized to control mosquito populations within the county during the previous year; (5) data gathered during the previous year through the surveillance of mosquito populations and an explanation on how this surveillance information was utilized to determine the appropriate method of mosquito control to be used during mosquito control activities; (6) the approximate cost of each mosquito control activity during the previous year; and (7) any other information that the county mosquito control commission determines necessary.
The bill would also require, no later than two years after the bill's effective date, the State Mosquito Control Commission, in consultation with the Director of the New Jersey Agricultural Experiment Station, to establish mosquito control guidelines to assist county mosquito control commissions in mosquito control and extermination activities. The guidelines would be required to include, at a minimum: (1) best management practices for mosquito control activitites within the State; (2) information on pressing mosquito control problems within the State including specific references to certain counties where the problem exits; (3) information on mosquito control techniques including, but not limited to, surveillance, source reduction, chemical control, biological control, and water management; (4) information on the importance of properly maintaining bodies of water within the State to improve water flow and drainage; (5) Statewide criteria on when mosquito control action is required; and (6) information on the services that are available by the State Mosquito Control Commission to support county mosquito control commissions.
In developing the guidelines, the State Mosquito Control Commission would be required to utilize the reports submitted by the county mosquito control commissions pursuant to the bill. The guidelines established pursuant to the bill would be required to be published on the Internet website of the State Mosquito Control Commission and updated annually to reflect new mosquito control research and best practices as well as the information received in the annual reports submitted to the State Mosquito Control Commission by county mosquito control commissions.
This bill also amends current law to replace the name "county mosquito extermination commission" with "county mosquito control commission." In addition, the bill amends various sections of law, as related to State and county mosquito control commissions, to remove references to the terms "board of chosen freeholders" and "chosen freeholder" and replace the terms with "board of county commissioners" and "county commissioner" respectively, as required pursuant to P.L.2020, c.67.
Finally, the bill would repeal P.L.1948, c.383 (C.26:9-13.1), which referred to the term of office of original county mosquito extermination commission members at the time the law took effect in 1948.
Increased mosquito control efforts are required within counties throughout the State. In addition, tributaries of watersheds, including, but not limited to, rivers, streams, creeks, or ditches, require greater maintenance in order to improve water flow and drainage. Water flow drainage can be impeded due to lack of maintenance of uncleared debris, such as fallen trees, litter, and natural beaver dam habitats, and due to extreme weather conditions causing obstruction and improper function of the opening or closing of sluice gates. Inadequate water movement and stagnant water creates larger breeding ponds for larvae growth with increased health risk to the surrounding areas and or communities.
This bill would strengthen mosquito control efforts within the State by requiring the establishment of a mosquito control commission within each county, requiring greater, more specific annual reporting requirements of county mosquito control activities, and requiring the State Mosquito Control Commission to provide guidelines to aid county mosquito control commissions.
