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HD 5188

An Act authorizing the town of Arlington to prohibit use of second generation anti-coagulant rodenticides by commercial pesticide applicators

194th Legislature (2025-2026) Introduced by Cindy Friedman and 1 co-sponsor

Arlington gains local authority to ban SGAR use by certified pesticide applicators via bylaw or ordinance, effective on passage, to protect wildlife and residents from exposure.

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Bill Summary · HD 5188

Summary of Bill HD 5188: Arlington SGAR Local Regulation Authority

Overview

HD 5188 is a proposed Massachusetts act introduced in 2025 that would authorize the town of Arlington to prohibit the use of second generation anticoagulant rodenticides (SGARs) by commercial pesticide applicators within the town. The bill provides Arlington with local regulatory authority to regulate or ban SGARs through bylaw, board of health regulation, or ordinance. The act would take effect upon passage.

Purpose and Intent

  • Give Arlingtonexplicit authority to regulate SGARs at the local level, independent of broader state law constraints.
  • Enable local protections for wildlife and ecosystems by restricting or banning the use of SGARs by certified applicators within the town.

Key Provisions

  • Section 1: Notwithstanding any general or special law (including Chapter 132B), Arlington may regulate the use of SGARs through local bylaw, board of health regulation, or ordinance. This includes prohibiting the use of SGARs by a certified applicator (as defined in Chapter 132B, Section 2).
  • Section 2: The act becomes effective upon its passage.
  • The bill is framed as a local authorization, allowing Arlington to respond to local environmental or public health concerns related to SGAR exposure.

Who Would Be Affected

  • Commercial pesticide applicators operating in Arlington, who would be subject to any SGAR prohibitions or restrictions enacted by Arlington through local regulation.
  • Arlington residents and wildlife within the town could benefit from reduced SGAR exposure and potential ecological improvements.

Implementation and Timeline

  • Effective date: Immediately upon passage (no waiting period specified in the text).
  • Regulatory mechanism: Arlington would establish a local bylaw, regulation, or ordinance governing SGAR use, including prohibitions for certified applicators.
  • Administrative considerations: Arlington would need to develop, adopt, and enforce its local regulations, including any permitting, notification, exemption, or enforcement provisions as part of the local bylaw.

Relationship to Existing Law

  • The bill explicitly states “Notwithstanding Chapter 132B or any other general or special law,” giving Arlington latitude to regulate SGARs locally even if state law would otherwise govern pesticide use.
  • It does not require statewide uniformity; it enables a town-level policy that can differ from state practices.

Practical Notes

  • The bill’s text does not specify penalties, enforcement mechanisms, or exemptions; those details would be determined by Arlington’s local regulations adopted under this act.
  • As a local authorization, enactment would depend on Arlington’s adoption of a bylaw or ordinance and subsequent enforcement by town authorities.

Status: Introduced in the 2025-2026 General Court session; local approval status indicated in related materials.

Compiled from official sources — confirm details with the bill’s official record.

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