New Jersey-2024-A1253-Introduced

An Act concerning native plants, supplementing Title 13 of the Revised Statutes, and making an appropriation.

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

1. As used in this this act:

"Department" means the Department of Environmental Protection.

"Local government unit" means a county, a municipality, or any board, commission, committee, authority, or agency thereof that is subject to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), including a housing authority or redevelopment agency created or continued under the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.).

"Native plant" means a species of plant that occurs naturally within New Jersey or the Mid-Atlantic region of the United States, either evolving there or arriving and becoming established without human assistance.

"Non-native plant" means any plant species that is not a native plant.

"State parks and forests" means the same as the term is defined in section 3 of P.L.1983, c.324 (C.13:1L-3).

2. a. Commencing three months after the date of enactment of this act, the department shall not plant, or cause to be planted, a non-native plant as part of the landscaping in State parks and forests, or at any facility therein.

b. The department shall select, in consultation with the Department of Agriculture and the plant nursery industry, a list of appropriate native plants for use in the landscaping at State parks and forests.

3. a. The department shall establish a program to provide grants to local government units to support the use of native plants in the landscaping of municipal and county parks and forests. The purpose of the program shall be to incentivize the increased use of native plants in recreational areas of the State, and to generate awareness about the environmental risks associated with the use of non-native plants in landscaping.

b. A grant awarded pursuant to this section shall not exceed $5,000. However, a local government may apply for, and receive, more than one grant per year, provided that the local government unit submits a separate application for each project to be funded by a grant.

c. In establishing the grant program pursuant to this section, the department shall:

(1) develop guidelines and procedures for the submission of grant applications, and criteria for the evaluation of such applications;

(2) establish terms and conditions for the awarding of a grant under this section, and monitor grant recipients' compliance with the terms and conditions;

(3) require the recipient of a grant to report to the department information relating to its use of grant funds under the program; and

(4) submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature, during each year in which a grant is awarded, on the effectiveness of the grant program in accomplishing the purposes enumerated in subsection a. of this section.

d. The department may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to establish and implement the grant program.

4. There is appropriated to the Department of Environmental Protection to the General Fund the sum of $250,000 to provide the initial funding for the grant program established pursuant to section 3 of this act.

5. This act shall take effect immediately.

STATEMENT

This bill would prohibit the Department of Environmental Protection (DEP) from planting non-native plant species as part of the landscaping of a State park or forest. The bill would also direct the DEP to establish a grant program to provide funds to local governments that seek to plant native plants at local parks and forests.

As used in the bill, "native plant" means a plant species that occurs naturally in New Jersey or the greater Mid-Atlantic region, either because it evolved here or because it established itself here without human assistance. The injunction on the use of non-native plants would take effect three months after the bill's enactment, in order to allow the DEP to utilize any remaining nursery stock it has acquired or contracted for.

Each grant awarded under the grant program would be for a maximum of $5,000, although a local government could apply for more than one grant per year. Under the bill, the DEP would determine the eligibility conditions, priority ranking of projects, and application procedures for the program. The bill would require the DEP to report to Governor and the Legislature on the progress of

the program in achieving its goals, and would require the DEP Commissioner to request sufficient funds in the DEP's annual budget request to execute the program.