In this subtitle the following words have the meanings indicated. “Fund” means the Nuisance Insects Fund. “Nuisance insect” means an insect that is determined by the Secretary to pester or annoy only humans. “Nuisance insect” does not include: An insect that is a threat to the health of humans, animals, or plants; or A pollinator.

The General Assembly finds that the proliferation of certain species of insects, including the group Simulium jenningsi, commonly known as black flies, while not posing a direct threat to the health of humans, animals, or plants, may constitute a public and common nuisance on land and waters used for recreation, employment, and tourism.

In accordance with the State budget and subject to subsection (b) of this section, the Secretary shall implement a program to use Bacillus thuringiensis israelensis to control or eliminate nuisance insects in the State. The program shall be implemented on: State–owned property; Property owned by a local government with the consent of the local government; and Private property with the consent of the property owner. To carry out the program, the Secretary may: Treat property with an aerial spraying or backpack spraying of Bacillus thuringiensis israelensis; Conduct field studies to determine the need for, location, and time of spraying; Schedule spraying when the conditions are optimal for ingestion by nuisance insects; Notify appropriate persons of the date and location of an upcoming spraying; and Review the effectiveness of spraying. Notice provided under subsection (a)(3)(iv) of this section shall, at a minimum, be: Provided to: Local press outlets; County and local governments that are in the area that will be affected by the spraying; Emergency responders and associated agencies that service the area that will be affected by the spraying; and The local riverkeeper for the area that will be affected by the spraying; and Posted on appropriate social media sites. The Secretary shall carry out a project to use Bacillus thuringiensis israelensis to control or eliminate nuisance insects under this section if the county or municipality in which the nuisance insects are located agrees to pay 50% of the costs associated with the project. The Secretary shall remit any payment from a county or municipality received under this subsection to the Comptroller for deposit to the Nuisance Insects Fund, established under § 5–1004 of this subtitle.

There is a Nuisance Insects Fund. The purpose of the Fund is to facilitate the control or elimination of nuisance insects in the State. The Secretary or the Secretary’s designee shall administer the Fund. The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article. The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. The Fund consists of: Any money distributed to the Fund under § 5–1003(b) of this subtitle; Money appropriated in the State budget to the Fund; and Any other money from any other source accepted for the benefit of the Fund. The Fund may be used only to cover the actual, documented direct and indirect costs associated with controlling or eliminating nuisance insects in accordance with a program implemented under § 5–1003 of this subtitle.

The Secretary may adopt regulations to implement this subtitle.