Prohibits sale, distribution, import, export, or propagation of certain invasive species without permit from Department of Agriculture; establishes NJ Invasive Species Council.

A1529

ASSEMBLY, No. 1529

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

Co-Sponsored by:

Assemblywoman Dunn

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.