Bill Text: NJ A449 | 2016-2017 | Regular Session | Introduced
Bill Title: Regulates planting and sale of running bamboo.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Failed) 2017-05-18 - Withdrawn from Consideration [A449 Detail]
Download: New_Jersey-2016-A449-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman VINCENT MAZZEO
District 2 (Atlantic)
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Regulates planting and sale of running bamboo.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning running bamboo, and supplementing Title 4 of the Revised Statutes and P.L.1960, c.39 (C.56:8-1 et seq.).
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. A landscaper or installer of running bamboo shall not be subject to liability under 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 month 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. A landscaper or installer of running bamboo shall not be subject to liability under this subsection.
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 and the Department of Environmental Protection, develop a statement, to be posted on the website of the New Jersey Agricultural Experiment Station, that explains the issues related to planting running bamboo and provides recommendations for properly containing it.
b. The Department of Agriculture, in consultation with the Attorney General, shall prepare a plain language summary of the provisions contained in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), which shall be posted on the website of the New Jersey Agricultural Experiment Station.
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).
3. 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 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."
4. This act shall take effect on the 90th day after enactment.
STATEMENT
This bill would require that 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 (Under the bill, "running bamboo" means any bamboo in the genus Phyllostachys, including Phyllostachys aureosulcata.). A person who violates this requirement will 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 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. Under the bill, a landscaper or installer of running bamboo shall not be subject to liability.
This bill would also require that 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 the running bamboo is contained by a properly constructed and maintained barrier system that prevents the spread of roots underground; or 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 requirement shall be liable to a civil penalty of $100. If the violation is of a continuing nature, each month 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. A landscaper or installer of running bamboo shall not be subject to liability.
This bill would also require that 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. A retail seller of installer of running bamboo who violates this requirement shall be fined $100 for each plant sold or installed in violation of this requirement.
Under the bill, the New Jersey Agricultural Experiment Station at Rutgers, the State University, shall, in consultation with the Department of Agricultural and the Department of Environmental Protection, develop a statement to be posted on the website of the New Jersey Agricultural Experiment Station that explains the issues related to planting running bamboo and provides recommendations for properly containing it. Also, the Department of Agriculture, in consultation with the Attorney General, must prepare a plain language summary of the provisions of the bill concerning the planting or growing of running bamboo, which shall be posted on the website of the New Jersey Agricultural Experiment Station.
Finally, the Direction of the Division of Consumer Affairs in the Department of Law and Public Safety shall require the property condition statement obtained from the seller 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 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, it known."
