Bill Text: NJ S1029 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits sale, distribution, import, export or propagation of certain invasive species without permit from Department of Agriculture; establishes NJ Invasive Species Council.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S1029 Detail]
Download: New_Jersey-2024-S1029-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Senator BOB SMITH
District 17 (Middlesex and Somerset)
Co-Sponsored by:
Senators Turner, Diegnan and Zwicker
SYNOPSIS
Prohibits sale, distribution, import, export, or propagation of certain invasive species without permit from Department of Agriculture; establishes NJ Invasive Species Council.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning invasive species and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Cultivar" means a variety of plant that has been specifically cultivated by humans, through artificial selection, in order to produce particular traits.
"Department" means the Department of Agriculture.
"Invasive plant species" means any living part of an invasive species that has photosynthetic capabilities and is a member of the biological kingdom Plantae, and any cultivar, variety, subspecies, or seeds of such species. "Invasive plant species" includes the following specific species: Norway maple (Acer platanoides); tree of heaven (Ailanthus altissima); mimosa or silk tree (Albizia julibrissin); porcelain berry (Ampelopsis glandulosa var. brevipedunculata); Japanese angelica tree (Aralia elata); Japanese barberry (Berberis thunbergii); Japanese clematis (Clematis terniflora); autumn olive (Elaeagnus umbellata); weeping lovegrass (Eragrostis curvula); winged burning bush (Euonymus alatus); English ivy (Hedera helix); Japanese hop (Humulus japonicas); sericea lespedeza (Lespedeza cuneate); European privet (Ligustrum vulgare); Amur honeysuckle (Lonicera maackii); Morrow's honeysuckle (Lonicera morrowii); purple loosestrife (Lythrum salicaria); Japanese crabapple (Malus toringo); Chinese silvergrass (Miscanthus sinensis); Eurasian water-milfoil (Myriophyllum spicatum); Oriental photinia (Photinia villosa); running bamboo (Phyllostachys); Callery or Bradford pear (Pyrus calleryana); common buckthorn (Rhamnus cathartica); jetbead (Rhodotypos scandens); multiflora rose (Rosa multiflora); European water chestnut (Trapa natans); Siebold's arrowwood (Viburnum sieboldii); Japanese wisteria (Wisteria floribunda); Chinese wisteria (Wisteria sinensis); and any other species designated pursuant to section 4 of this act.
"Invasive species" means a species of living organism categorized in any taxon, including any plant, fungus, vertebrate or invertebrate animal, or microorganism, that is determined to be non-native or alien to the terrestrial, freshwater aquatic, or marine ecosystem under consideration, and the introduction of which into such terrestrial, freshwater aquatic, or marine ecosystem has caused, or is likely to cause, economic, ecological, or environmental harm or harm to human health.
"Invasive Species Council" or "council" means the council established pursuant to section 7 of this act.
"Non-native" or "not native" means that the species has been introduced to the relevant ecosystem after the European colonization of the United States, according to the most up-to-date research.
"Permit" means a permit that is issued by the Department of Agriculture pursuant to section 3 of this act.
"Regulated invasive species" means an invasive plant species, and any non-hybrid sub-species, variety, cultivar, or other subcategory thereof, which is included in a departmental list of regulated invasive species, published pursuant to subsection a. of section 4 of this act, and which, consequently, may not be introduced into a terrestrial, freshwater aquatic, or marine ecosystem in this State without a permit issued pursuant to this act.
2. a. Except as otherwise provided by this act:
(1) Commencing on the first day of the thirteenth month next following the effective date of this act, no person shall propagate a regulated invasive species in this State, or shall import or otherwise introduce a regulated invasive species into this State, without a permit issued pursuant to this act.
(2) Commencing on the first day of the forty-ninth month next following the effective date of this act, no person shall sell, distribute, export, or offer or otherwise make available for sale, distribution, or exportation, a regulated invasive species in the State without a permit issued pursuant to this act.
b. The prohibitions and permitting requirements established in subsection a. of this section shall apply to any invasive plant species, including any non-hybrid sub-species, variety, cultivar, or other subcategory thereof, which is formally designated as a regulated invasive species in a departmental list published pursuant to subsection a. of section 4 of this act. Notwithstanding the provisions of subsection a. of this section to the contrary, whenever the Department of Agriculture adds a new regulated invasive species to the list annually published thereby, pursuant to subsection a. of section 4 of this act, the department shall:
(1) provide for the prohibitions and permitting requirements set forth in paragraph (1) of subsection a. of this section to take effect, with respect to such newly regulated invasive species, either on the first day of the thirteenth month next following the department's publication of the updated list containing initial reference to that new species, or on another date that is consistent with recommendations made by the Invasive Species Council, pursuant to paragraph (3) of subsection h. of section 7 of this act; and
(2) provide for the prohibitions and permitting requirements set forth in paragraph (2) of subsection a. of this section to take effect, with respect to such newly regulated invasive species, either on the first day of the forty-ninth month next following the department's publication of the updated list containing initial reference to that new species, or on another date that is consistent with recommendations made by the Invasive Species Council, pursuant to paragraph (3) of subsection h. of section 7 of this act.
c. The following cultivars and varieties of invasive plant species shall be exempt from the prohibitions and permitting requirements of subsection a. of this section, but, when imported into, or when propagated, sold, distributed, exported, or offered or otherwise made available for sale, distribution, or exportation in, this State, shall still be labeled in accordance with any applicable labeling requirements that are established, by the Department of Agriculture, pursuant to section 3 of this act, and shall be accompanied, at the point of sale, by appropriate educational materials that have been developed or provided, by the Department of Agriculture, pursuant to section 5 of this act, including the following cultivars or varieties of Chinese Silvergrass (Miscanthus sinesnsis): (1) NCMS1; and (2) Tift M77.
d. The Department of Agriculture may impose fees to cover its permitting and inspection costs incurred in implementing the provisions of this act. All fees collected under this act shall be paid into the State treasury, and shall be appropriated to the department for use in implementing the provisions of this act.
3. a. The Department of Agriculture shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to establish and implement a permitting program for the purpose of facilitating the safe introduction, importation, propagation, sale, distribution, and exportation of regulated invasive species in, into, and out of, the State.
b. The rules and regulations adopted pursuant to this section shall include, at a minimum:
(1) the list of regulated invasive species that has been developed, by each department, pursuant to subsection a. of section 4 of this act, as well as a description of the regulatory processes that will be used by each department, in accordance with the provisions of subsections b., c., and d. of section 4 of this act, to annually identify new invasive species to be added to each department's list;
(2) criteria for the issuance of permits authorizing the limited propagation of a regulated invasive species in the State for purposes of sale or distribution;
(3) criteria for the issuance of permits authorizing the limited propagation, importation, or distribution of an invasive species for educational or research purposes;
(4) criteria for the issuance of general permits, as may be necessary to effectuate the purposes of this act;
(5) criteria for the exemption, from applicable invasive species permitting requirements, of cultivars, subspecies, or other varieties of ordinarily invasive plant species, other than those already expressly exempted from such permitting requirements pursuant to subsection c. of section 2 of this act, which cultivars, subspecies, or other varieties have been proven to be non-invasive in nature, by virtue of sterility factors or other stable genetic traits unique thereto;
(6) requirements, to be administered by the department, providing for consumer warning labels to be attached, at the point of sale, to each regulated invasive species that is sold, offered for sale, or distributed at retail in the State, and providing for such warning labels to describe the best practices to be used, in association with the consumer's possession or cultivation of the regulated invasive species, as appropriate, in order to prevent the escape or unintended wild propagation thereof;
(7) procedures for the submission and departmental review of permit applications;
(8) a schedule of fees that will be imposed, by the department, to finance the costs associated with implementation of the permitting program; and
(9) any other requirements or provisions that are necessary for the implementation of this act.
c. Any permitting criteria established pursuant to this section shall be designed to prevent or to minimize, to the greatest extent practicable, the potential for a regulated invasive species to escape into, or to unintentionally propagate in, the wild.
4. a. The Department of Agriculture, acting in accordance with recommendations from the New Jersey Invasive Species Council, established pursuant to section 7 of this act, and in consultation any other relevant State entity, shall, not more than one year after the effective date of this act, develop a list identifying the regulated invasive species that are subject to the permitting requirements of this act. Each year thereafter, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the department shall adopt rules and regulations revising the departmental list developed pursuant to this section, as may be necessary to designate new species as regulated invasive species for the purposes of this act.
b. (1) Notwithstanding any other provision of this act, or any rule or regulation, to the contrary, no invasive plant species shall be subject to the prohibitions and permitting requirements set forth in subsection a. of section 2 of this act unless and until such species is expressly identified in a departmental list of regulated invasive species developed or updated, and published, by the Department of Agriculture pursuant to subsection a. of this section. (2) In any year in which a departmental list, published pursuant to this section, has been updated to include reference to a new regulated invasive species, which was not previously subject to departmental regulation pursuant to this act, the provisions of subsection b. of section 2 of this act shall be controlling with respect to the date on which such newly regulated invasive species will become subject to the prohibitions and permitting requirements set forth in subsection a. of section 2 of this act.
c. When determining whether to add a species to the list of regulated invasive species developed pursuant to subsection a. of this section, the Department of Agriculture shall consider:
(1) the threat that the species poses to native species in the State;
(2) the threat that the species poses to sensitive habitats or endangered or threatened species in the State;
(3) the threat that the species poses to historical, cultural, or infrastructure resources in the State; and
(4) the likelihood that the species will escape and propagate uncontrolled in the State.
d. In order to designate a species as a regulated invasive species, pursuant to this section, the Department of Agriculture shall make a finding that the species threatens, or has the potential to threaten, the ecological, cultural, historical, or infrastructure resources of, or human health in, the State. A species shall not be designated as a regulated invasive species, pursuant to this section, solely on the basis that it is not native to New Jersey.
5. a. The Department of Agriculture shall develop or provide, in a manner deemed thereby to be most effective, physical and digital educational materials identifying:
(1) New Jersey's regulated invasive species;
(2) best propagation, cultivation, and management practices to be used in order to prevent the spread of a regulated invasive species; and
(3) where applicable, alternative species that can be more safely propagated in the State.
b. The educational materials developed or provided by the department, pursuant to this section, shall be distributed to consumers, either by the department or by collaborating entities, at the point of sale of a regulated invasive species and at any other locations deemed by the department or the collaborating entities to be appropriate.
c. The department shall be
authorized, but not required, to consult with the New Jersey Invasive Species
Council, the New Jersey Agricultural Experiment Station at Rutgers, the State
University, the Highlands Water Protection and Planning Council established
pursuant to P.L.2004, c.120 (C.13:20-1 et seq.), the Pinelands Commission
established pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.), and any other
relevant State entity or out-of-State entity, in developing the educational
materials required by this section.
6. a. (1) Any person who violates this act, any rule or regulation adopted pursuant thereto, or the conditions of any permit issued thereunder, shall be subject to a warning for a first offense and a civil penalty of up to $1,000 for the second offense, up to $2,000 for the third offense, and up to $5,000 for the fourth and any subsequent offense. Such person shall be provided with a three-month period in which to remediate any such violation before being subjected to an enhanced penalty for a subsequent offense pursuant to this paragraph.
(2) For the purposes of this subsection, each day on which a violation occurs or continues shall constitute a separate and distinct offense; however, no monetary civil penalty shall be imposed, or shall accrue, for a violation of this act, or for a violation of the rules or regulations adopted, or the conditions of a permit issued, pursuant thereto, if such violation is fully remediated, to the satisfaction of the department, prior to the expiration of the three-month corrective action timeframe authorized for the voluntary remediation thereof, pursuant to paragraph (1) of this subsection.
(3) A civil penalty imposed pursuant to this subsection may be collected, with costs, in a summary proceeding commenced pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this act.
b. The Department of Agriculture may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit or prevent a violation of this act, or any rule or regulation adopted pursuant thereto, and the court may proceed in the action in a summary manner.
c. The Department of Agriculture shall conduct inspections of commercial facilities, contemporaneously with, and in a manner and form similar to, inspections conducted pursuant to R.S.4:7-21, for the purposes of determining compliance with this act. The department shall not charge a separate inspection fee for an inspection that is conducted pursuant to this subsection.
d. The Department of Agriculture may seize and destroy any regulated invasive species that forms a basis for a violation of this act or a violation of any rule or regulation adopted, or any permit issued, pursuant thereto.
e. The Department of Agriculture may compromise and settle any claim for a penalty under this act in such amount which appears, in the discretion of the department, to be appropriate and equitable under all of the circumstances.
f. Nothing in this act shall be construed to impose liability on any news media that accepts or publishes advertising for any product that may fall within the scope of this act.
7. a. There is established a New Jersey Invasive Species Council. The council shall consist of 17 members to be appointed as follows:
(1) the Commissioner of Environmental Protection or the commissioner's designee, who shall serve ex-officio;
(2) the Secretary of Agriculture or the secretary's designee, who shall serve ex-officio;
(3) the Commissioner of Transportation or the commissioner's designee, who shall serve ex-officio;
(4) the Commissioner of Health, or the commissioner's designee, who shall serve ex-officio; and
(5) thirteen additional members appointed by the Governor, no later than 60 days after the effective date of this section, as follows:
(a) three representatives from conservation organizations;
(b) three representatives from the agricultural sector representing the northern, central, and southern regions of the State respectively;
(c) three representatives of the nursery and landscape sector representing the northern, central, and southern regions of the State respectively;
(d) three representatives from academia; and
(e) one representative from the general public having knowledge and experience concerning invasive species, with special consideration being given to the members of the public who are representatives of indigenous and under-represented communities.
b. Each public member appointed to the council shall serve for a term of three years, except that, of the public members first appointed pursuant to this section: three members, including one appointed under subparagraph (a) of paragraph (5) of subsection a. of this section, one appointed under subparagraph (b) or (c) of paragraph (5) of subsection a. of this section, and one appointed under subparagraph (d) or (e) of paragraph (5) of subsection a. of this section, shall serve for initial terms of two years; three members, including one appointed under subparagraph (a) of paragraph (5) of subsection a. of this section, one appointed under subparagraph (b) or (c) of paragraph (5) of subsection a. of this section, and one appointed under subparagraph (d) or (e) of paragraph (5) of subsection a. of this section, shall serve for initial terms of three years; and three members, including one appointed under subparagraph (a) of paragraph (5) of subsection a. of this section, one appointed under subparagraph (b) or (c) of paragraph (5) of subsection a. of this section, and one appointed under subparagraph (d) or (e) of paragraph (5) of subsection a. of this section, shall serve for initial terms of four years.
c. Upon the expiration of a public member's term, as provided by subsection b. of this section, the member may continue in their post, and shall be deemed to be a member in good standing, until a successor is appointed, pursuant to this section, and is sworn into office. A public member in good standing may be reappointed to the council following the expiration of the member's term. A public member who is not in good standing may be removed from the council, for cause, on that basis. The council shall develop its own rules of order, shall define the level of participation required to maintain a member's status in good standing for the purposes of reappointment and removal pursuant to this subsection, and may submit a written request or referral, to the Governor, seeking the removal or reappointment of a member on the basis of their determined good standing or lack thereof.
d. Any vacancy in the public membership of the council shall be filled, within six months after the date on which the vacancy occurs, in the same manner provided for the initial appointments.
e. Members of the council shall not be entitled to compensation, but may be reimbursed for travel and other necessary expenses incurred thereby in the performance of their duties, within the limits of funds appropriated or otherwise made available for the council's purposes.
f. The chairperson of the council shall be the Secretary of Agriculture, or the Secretary's designee. A majority of all of the council's authorized membership shall constitute a quorum for the transaction of council business, and action may be taken, at any council meeting, by the affirmative vote of a majority of the members present who are in good standing.
g. The council, upon the call of the chairperson, shall hold an organizational meeting as soon as practicable following the appointment of a majority of its authorized membership pursuant to this act, and shall meet, at the call of the chairperson, on at least a quarterly basis thereafter.
h. (1) The council shall work in cooperation with the Department of Agriculture to assist the department in developing and adopting a program for the transparent regulation and management of invasive plant species in the State, consistent with proven best practices. To that end, within one year after the effective date of this act, and every two years thereafter, the council shall evaluate, and develop its own comprehensive list of, species that are already deemed to be, or may ultimately become, invasive and, based on those evaluations and such invasive species list, shall submit written recommendations to the Department of Agriculture regarding the invasive species, and the non-hybrid cultivars, varieties, or subspecies thereof, which should be added to, or should be removed or exempted from, the department's regulated invasive species list, established pursuant to subsection a. of section 4 of this act.
(2) The council's invasive species list, established and regularly updated pursuant to paragraph (1) of this subsection, shall review all invasive species in New Jersey, including all species that are included on the list of invasive species maintained by the New Jersey Invasive Species Strike Team and all other species identified on the regulated invasive species lists developed pursuant to subsection a. of section 4 of this act, as well as all invasive species that are currently subject to regulation in the nearby states of New York, Pennsylvania, Connecticut, Maryland, Delaware, and Virginia, for possible inclusion on the list . The council shall also develop appropriate procedures and provide written recommendations to the Department of Agriculture, as necessary to simplify and expedite the process for adding species to, and removing or exempting species from, the council and departmental lists that are developed pursuant to this act.
(3) Whenever the council recommends that a new invasive species be added to a departmental list of regulated invasive species, developed pursuant to subsection a. of section 4 of this act, the council shall also recommend an appropriate effective date on which the newly added species should become subject to the prohibitions and permitting requirements set forth in subsection a. of section 2 of this act. When making any such effective date recommendation, the council shall consider, at a minimum, the economic impacts, on the nursery industry, that are likely to result from the regulation of such new species as a regulated invasive species, pursuant to this act, as well as the ecological urgency of such regulation.
i. The council shall examine and revise the 2009 New Jersey Strategic Management Plan for Invasive Species, prepared by the New Jersey Invasive Species Council pursuant to Executive Order No. 97 of 2004, and shall submit the revised plan to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, no later than two years after the first meeting of the council held pursuant to this act. The revised management plan shall include, but not be limited to:
(1) a policy and mission statement;
(2) relevant definitions;
(3) findings concerning the current status of non-indigenous species in New Jersey and their impact on habitat, biota, and natural ecosystems;
(4) a description of the measures, methods, and procedures that are available to prevent and control the release and wild propagation of regulated invasive species, and to facilitate early detection of, and rapid response to, such unintended releases and propagation in the wild;
(5) a description of existing restoration and research needs and available pilot projects;
(6) provisions establishing information management, education, and interpretation measures;
(7) provisions requiring coordination among State agencies, adjacent states, and other applicable entities; and
(8) a description of the tasks to be undertaken, and the measures to be implemented, by the council, pursuant to subsection j. of this section, to eliminate or minimize the presence, and the detrimental impacts, of regulated invasive species already established in the State.
j. The council shall engage in the following tasks and other reasonable measures, as necessary to prevent the introduction of regulated invasive species into the State and eliminate or minimize the presence and detrimental impacts of regulated invasive species already established in the State:
(1) recommend measures to enhance and facilitate cooperation and collaboration between and among relevant State departments and agencies, non-governmental organizations, federal agencies, and other states, as necessary to ensure compliance with federal Executive Order No. 13112 and the National Invasive Species Management Plan;
(2) identify research needs to better assess the sources, degree, distribution, and threat posed by invasive species, and identify the methods that are being used to prevent the introduction of regulated invasive species into the State and to control and manage existing populations of regulated invasive species already established in New Jersey;
(3) review ongoing invasive species control and management efforts being carried out by State departments and agencies, and recommend the use of new or revised measures to more effectively limit the introduction of invasive plant species into, and more effectively control and manage existing populations of regulated invasive species in, the State;
(4) produce or identify educational programs and educational materials, for public use and distribution, which programs and materials shall: (a) provide information on the threats posed by invasive species; (b) outline available measures to be used in preventing the introduction of invasive species into, and in controlling or managing invasive species present in, the State; and (c) encourage the use of local native genotypes, including drought-tolerant native plants, preferably those propagated in New Jersey, in landscaping and planting activities;
(5) develop partnerships with federal, State, and local government agencies, institutions of primary, secondary, and higher education, and non-profit and other private organizations, including horticultural organizations, as necessary to implement the policies and recommendations of the council;
(6) identify and use all available sources of funding to support the council's research, monitoring, control activities and the council's other activities and operations, as well as relevant youth and community outreach programs; and
(7) identify legislative or regulatory actions necessary to implement or further the policies and recommendations of the council.
k. In performing its duties pursuant to this act, the council shall consult with the New Jersey Agricultural Experiment Station at Rutgers, the State University, as well as with the Highlands Water Protection and Planning Council, established pursuant to P.L.2004, c.120 (C.13:20-1 et seq.), and the Pinelands Commission, established pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.); shall request the participation of the United States Department of Agriculture, the United States Environmental Protection Agency, and the United States Department of the Interior; and may consult with, or request the participation of, any other agencies or organizations the council deems appropriate.
l. The Department of Agriculture shall provide staff support to the council, and the council shall also be entitled to call to its assistance and avail itself of the services of the employees of any State department, board, bureau, commission, or agency, as it may require and as may be available for its purposes.
m. Notwithstanding any provisions of this section to the contrary, the council shall be authorized to study and make recommendations regarding any invasive, or potentially invasive, species, and shall not be limited to studying and making recommendations regarding invasive plant species only.
8. a. The Department of Agriculture shall be authorized to obtain assistance from, and make use of the services provided by, any State department, board, commission, or agency, as may be required to effectuate the purposes of this act.
b. The Department of Agriculture and the Invasive Species Council shall cooperate and consult with one another when developing budgets for the purposes of this act.
9. The provisions of this act and the rules and regulations adopted pursuant thereto shall supersede any contradictory ordinances, resolutions, rules, or regulations which are, or have been, adopted at the municipal, county, or regional levels in association with the regulation of invasive species or the permitting of activities involving the introduction, sale, import, export, distribution, or propagation of a regulated invasive species.
10. This act shall take effect immediately.
STATEMENT
This bill would prohibit the sale, offering for sale, distribution, importation, exportation, or other propagation of certain invasive plant species in the State, except under a valid permit issued by the Department of Agriculture (DOA), and it would require the DOA to adopt rules and regulations establishing and implementing a permitting program to facilitate the safe sale, import, export, introduction, distribution, and propagation of regulated invasive species in the State. The bill would also establish, in the statutory law, with certain modifications, the New Jersey Invasive Species Council (council) that was originally created by Governor Corzine's Executive Order No. 97 of 2004.
The bill defines "regulated invasive species" to mean an invasive plant species, and any non-hybrid sub-species, variety, cultivar, or other subcategory thereof, which is included in a list of invasive species to be developed by the DOA under the bill. The bill would expressly exempt, from its prohibitions and permitting requirements, certain plant cultivars and varieties of Chinese Silvergrass, which have been deemed to be non-invasive, and it would further authorize the department's rules and regulations to establish criteria for the exemption, from the bill, of other cultivars, subspecies, and varieties of ordinarily invasive plant species which are proven to be non-invasive, by virtue of sterility factors or other unique and stable genetic traits.
The bill would require the DOA, within one year after the bill's effective date, to develop a list of the regulated invasive species that are subject to the bill's permitting requirements. Each year thereafter, the DOA would be required to update the departmental list, as necessary to designate new species as regulated invasive species for the bill's purposes. In order to designate a new plant species as a regulated invasive species, the DOA would be required to find that the species threatens, or has the potential to threaten, the ecological, cultural, historical, or infrastructure resources of, or human health in, the State. The departments would not be authorized to designate a species as a regulated invasive species solely on the basis that it is non-native to New Jersey.
The bill also requires the DOA's rules and regulations to incorporate labeling requirements for regulated invasive species, permit application requirements, criteria for permit approval, and a fee schedule. The DOA would further be required, in consultation with the Invasive Species Council and other relevant entities, as deemed appropriate, to develop or provide physical and digital educational materials, for distribution to consumers at the point of sale. These materials are to identify the State's regulated invasive species, as well as the best propagation, cultivation, and management practices to be used in order to prevent the spread of a regulated invasive species, and, where applicable, alternative species that can be more safely propagated in the State.
A person who violates the bill's provisions would be subject to a warning for a first offense and a civil penalty of up to $1,000 for a second offense, up to $2,000 for a third offense, and up to $5,000 for a fourth or subsequent offense. Any violator would be provided with a three-month period in which to remediate any violation before being subjected to an enhanced penalty for a subsequent offense under the bill's provisions. The DOA would also be authorized to seek injunctive relief, as necessary to prevent an ongoing violation, and to seize and destroy any invasive plant species that forms a basis of a violation. The DOA would be required to conduct nursery inspections, in a manner and form similar to inspections for nursery stock conducted pursuant to law, to evaluate compliance with the bill's provisions.
The New Jersey Invasive Species Council, as established under the bill, would consist of a combination of ex-officio members from State agencies and pubic members appointed by the Governor. The council would be charged with examining and revising the 2009 New Jersey Strategic Management Plan for Invasive Species, prepared by the New Jersey Invasive Species Council pursuant to Executive Order No. 97 of 2004. The council would be required to submit the revised plan to the Governor and the Legislature no later than two years after the effective date of the bill. The council would also be charged with the following duties: (1) reviewing comprehensive lists of invasive species and likely invasive species present in New Jersey and the nearby states of New York, Pennsylvania, Connecticut, Maryland, Delaware, and Virginia for possible inclusion on the list; (2) developing procedures for the addition of new species to the departmental list maintained under the bill; (3) providing recommendations to the DOA regarding their addition of new species to the list of regulated invasive species; and (4) performing various other tasks related to the management of invasive species. The bill would exclude, from the council's responsibilities, the requirement - present in Executive Order No. 97 - to plan, design, and implement two invasive species eradication and native plant restoration pilot projects.
