Bill Text: NJ A3452 | 2014-2015 | Regular Session | Amended

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Bill Title: Regulates planting and sale of running bamboo.**

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2014-12-18 - Received in the Senate, Referred to Senate Environment and Energy Committee [A3452 Detail]

Download: New_Jersey-2014-A3452-Amended.html

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[First Reprint]

ASSEMBLY, No. 3452

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED JUNE 26, 2014

 

 

Sponsored by:

Assemblyman  VINCENT MAZZEO

District 2 (Atlantic)

 

 

 

 

SYNOPSIS

     Regulates planting and sale of running bamboo; establishes real estate disclosure requirement.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Environment and Solid Waste Committee on October 27, 2014, with amendments.

 

An Act concerning running bamboo, and supplementing ¹[Titles] Title¹ 4 ¹[, 13, and 45]¹ of the Revised Statutes ¹and P.L.1960, c.39 (C.56:8-1 et seq.)¹ .

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  a.  A person who plants running bamboo or who allows running bamboo to grow on the person's property shall not allow such running bamboo to grow beyond the boundaries of the property.  A person who violates this subsection shall be liable for any damages caused to any adjacent property by the running bamboo, including, but not limited to, the cost of removal of any running bamboo that grows on to the adjacent property.  A subsequent purchaser of property, or a person who takes possession of property pursuant to a foreclosure or other legal action, shall be responsible for maintaining the running bamboo in compliance with this subsection.

     b.  A person shall not plant running bamboo or allow running bamboo to be planted on the person's property at a location that is 100 feet or less from the property boundary line of any abutting property or public right-of-way unless: (1) the running bamboo is contained by a properly constructed and maintained barrier system that prevents the spread of roots underground; or (2) the running bamboo is planted above ground in a container or planter so that the running bamboo is contained and does not come in contact with the surrounding soil.

     A person who violates this subsection shall be liable to a civil penalty of $100, to be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).  If the violation is of a continuing nature, each ¹[day] month¹ during which it continues shall constitute an additional, separate, and distinct offense until such time as the running bamboo is removed or contained by a properly constructed barrier system.  The provisions of this subsection shall not apply to any running bamboo planted on or before the effective date of this act.

     c.  A retail seller or installer of running bamboo shall provide to each customer who purchases running bamboo from the seller or installer a statement prepared by the New Jersey Agricultural Experiment Station at Rutgers, the State University, pursuant to section 2 of P.L.    , c.    (C.         ) (pending before the Legislature as this bill).  A retail seller or installer of running bamboo who violates this subsection shall be fined $100 for each plant sold or installed in violation of this act, to be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

     d.  For the purposes of this section, "running bamboo" means any bamboo in the genus Phyllostachys, including Phyllostachys aureosulcata.

 

     2.  a.  The New Jersey Agricultural Experiment Station at Rutgers, the State University, shall, in consultation with the Department of Agriculture, develop a statement that includes: (1) an explanation that running bamboo is a fast growing plant that may spread if not properly contained; (2) a plain language summary of the provisions contained in section 1 of P.L.    , c.    (C.         ) (pending before the Legislature as this bill); and (3) recommendations, based on the best available information, on methods to properly contain running bamboo.  The New Jersey Agricultural Experiment Station shall make the statement available on its website.

     b.  For the purposes of this section, "running bamboo" means the same as that term is defined in section 1 of P.L.    , c.    (C.         ) (pending before the Legislature as this bill).

 

     3.  ¹[a.  A real estate broker, broker-salesperson, or salesperson licensed pursuant to R.S.45:15-1 et seq. shall provide to each prospective purchaser of residential property notice of the existence of running bamboo within 100 feet of the residential property and notice of the provisions of section 1 of P.L.    , c.    (C.         ) (pending before the Legislature as this bill).

     b.  A real estate broker, broker-salesperson, or salesperson who knowingly violates this section shall be subject to the penalties as set forth in R.S.45:15-17.

     c.  For the purposes of this section, "running bamboo" means the same as that term is defined in section 1 of P.L.    , c.    (C.         ) (pending before the Legislature as this bill).]  The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall require the property condition disclosure statement obtained from the seller, pursuant to paragraph (3) of subsection b. of section 1 of P.L.1999, c.76 (C.56:8-19.1), to include the following question: "Are you aware of the presence of any running bamboo (Phyllostachys aureosulcata or other bamboo in the genus Phyllostachys) on this property or an adjacent property at any time in the past five years?  If yes, describe the location of the running bamboo, and any action taken to remove or contain the running bamboo, if known."¹

 

     4.  This act shall take effect on the 90th day after enactment.