Bill Text: NJ A1698 | 2016-2017 | Regular Session | Introduced
Bill Title: Establishes certain requirements for a State entity planting vegetation in certain circumstances; provides for preferences for NJ businesses providing such vegetation.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2017-12-11 - Referred to Senate Budget and Appropriations Committee [A1698 Detail]
Download: New_Jersey-2016-A1698-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Establishes certain requirements for a State entity planting vegetation in certain circumstances; provides for preferences for NJ businesses providing such vegetation.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning native vegetation and supplementing Titles 4 and 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. (1) Notwithstanding the provisions of any other law, rule, or regulation to the contrary, every State entity, when planting vegetation for purposes of land management, reforestation, or habitat restoration, shall plant to the greatest extent practicable vegetation which is a native plant and ecologically appropriate plant species to the area according to the best horticultural management practices for the use of native plants or ecologically appropriate plant species, as established by the Department of Agriculture, in consultation with the Department of Environmental Protection, pursuant to subsection b. of this section.
(2) This subsection shall not apply to:
(a) any site remediation or brownfield development project that receives federal funding; or
(b) any project restricted for public safety reasons from planting certain vegetation within a certain proximity of an airport or aviation facility pursuant to any advisory circular, rule, or regulation of the Federal Aviation Administration.
b. The Department of Agriculture, in consultation with the Department of Environmental Protection and Rutgers, the State University, shall develop criteria and a methodology for evaluating plant species and determining which plants may be considered native plants or ecologically appropriate plant species to an area, and which would also allow for the inclusion in the designation of native and ecologically appropriate species cultivars, heritage plants, and plants commonly referred to as varieties, subspecies, and selections of cultivars and heritage plants. The Department of Agriculture shall also establish best horticultural management practices for the use of native plants and ecologically appropriate plant species.
c. For the purposes of this section, "State entity" means a department, agency, or office of State government, including a State university or college, or an authority created by the State.
d. The provisions of this section shall not apply to:
(1) planting or replacement of annual flowers and plants, sod or turf grass, or plants or trees producing fruits or vegetables or otherwise used for or in food, such as basil, garlic, onion, or other plants producing spices;
(2) any planting of vegetation in an arboretum or laboratory owned or operated by a State entity;
(3) planting vegetation for educational, experimental, or scientific purposes; or
(4) planting or replacement of vegetation for general landscaping, construction, and maintenance work which does not involve land management, reforestation, or habitat restoration.
2. The Department of Agriculture shall compile and maintain with annual updates a list of certified nurseries, licensed plant dealers, and any other nursery or plant dealers that are subject to annual inspection by the department, and shall make this list available to the Director of the Division of Purchase and Property in the Department of the Treasury, the Director of the Division of Property Management and Construction in the Department of the Treasury, and each State agency or entity having authority to contract for the purchase of goods or services.
3. The Department of Community Affairs shall compile and maintain with annual updates a list of licensed landscape architects and licensed and certified construction contracting professionals, and shall make this list available to the Director of the Division of Purchase and Property in the Department of the Treasury, the Director of the Division of Property Management and Construction in the Department of the Treasury, and each State agency or entity having authority to contract for landscape architectural or construction services.
4. a. Notwithstanding the provisions of any other law to the contrary, the Director of the Division of Purchase and Property in the Department of the Treasury, the Director of the Division of Property Management and Construction in the Department of the Treasury, and any State agency having authority to contract for the purchase of goods or services shall, when purchasing and planting vegetation and whenever possible, give preference to nurseries, plant dealers, and landscape design or construction contracting professionals on the lists established and maintained by the Department of Agriculture pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the Department of Community Affairs pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
In preparing the specifications for any contract for the purchase of goods and services, the Director of the Division of Purchase and Property, the Director of the Division of Property Management and Construction, and any State agency having authority to contract for the purchase of goods or services shall include in the invitation to bid, where relevant, a statement that any response from a nursery, plant dealer, or landscape design or construction contracting professional on the list established and maintained by the Department of Agriculture or the Department of Community Affairs, as applicable, shall receive preference whenever possible.
b. The provisions of subsection a. of this section shall not apply to:
(1) any binding contractual obligation for the purchase of goods or services entered into prior to the effective date of P.L. , c. (C. ).(pending before the Legislature as this bill);
(2) any bid package advertised and made available to the public, or any competitive and sealed bid received by the State, prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill); or
(3) any amendment, modification, or renewal of a contract, which contract was entered into prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), where compliance with P.L. , c. (C. ) (pending before the Legislature as this bill) would delay timely completion of a project or involve an increase in the total moneys to be paid by the State under that contract.
c. The State Treasurer, in consultation with the Secretary of Agriculture, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the provisions of this section.
5. Section 1 of this act shall take effect 18 months after the date of enactment and the remainder of this act shall take effect immediately.
STATEMENT
This bill requires every State entity to plant to the greatest extent practicable, when planting vegetation for purposes of land management, reforestation, or habitat restoration, vegetation which is a native plant or ecologically appropriate plant species to the area according to the best horticultural management practices for the use of native plants or ecologically appropriate plant species, as established by the Department of Agriculture, in consultation with the Department of Environmental Protection and Rutgers, the State University.
The bill directs the Department of Agriculture to develop criteria and a methodology for evaluating plant species and for determining which plants may be considered native and ecologically appropriate to an area. The department would also establish best horticultural management practices for the use of native plants and ecologically appropriate plant species. This section of the bill has a delayed effective date of 18 months.
The bill exempts from the requirements concerning the use of native and ecologically appropriate plants site remediation or brownfield development projects and planting projects within proximity to airports and aviation facilities. It is important to the sponsor of the legislation that the bill does not jeopardize federal funding to brownfield and cleanup projects, or affect public safety. The Federal Aviation Administration restricts the planting of certain vegetation close to airports to avoid birds from being attracted to the area and flying into plane engines.
The bill also directs:
1) the Department of Agriculture to compile and maintain with annual updates a list of certified nurseries, licensed plant dealers, and any other nursery or plant dealers that are annually inspected by the department; and
2) the Department of Community Affairs to compile and maintain with annual updates a list of licensed landscape architects and licensed and certified construction contracting professionals.
The bill further requires the Director of the Division of Purchase and Property in the Department of the Treasury, the Director of the Division of Property Management and Construction in the Department of the Treasury, and any State agency having authority to contract for the purchase of goods or services to give priority to purchasing goods and services or contracting for services from the businesses on the lists.
Finally, the bill specifies that it does not apply to:
1) the planting or replacement of annual flowers and plants, sod or turf grass, or plants or trees producing fruits or vegetables or otherwise used for or in food, such as basil, garlic, onion, or other plants producing spices;
2) any planting of vegetation in an arboretum or laboratory owned or operated by a State entity;
3) the planting of vegetation for educational, experimental, or scientific purposes; or
4) the planting or replacement of vegetation for general landscaping construction and maintenance work which does not involve land management, reforestation, or habitat restoration.
