Bill Text: NJ S2186 | 2022-2023 | Regular Session | Amended
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: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2023-12-21 - Substituted by A3677/2807 (ACS/1R) [S2186 Detail]
Download: New_Jersey-2022-S2186-Amended.html
[First Reprint]
SENATE SUBSTITUTE FOR
SENATE, No. 2186
STATE OF NEW JERSEY
220th LEGISLATURE
ADOPTED JUNE 26, 2023
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, Zwicker and Durr
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
As reported by the Senate Environment and Energy Committee on December 18, 2023, with amendments.
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.
1["Invasive animal species" means a living, multi-cellular, vertebrate or invertebrate invasive species that is a member of the biological kingdom Animalia.
"Invasive microorganism species" means a living part of any microscopic or submicroscopic invasive species that is too small to be seen by the unaided human eye, including, but not limited to, bacteria, fungi, archaea, or protists.]1
1"Department" means the Department of Agriculture.1
"Invasive plant 1[or fungi]1 species" means any living part of an invasive species that has photosynthetic 1[or spore-producing]1 capabilities and is a member of the biological kingdom Plantae 1[or Fungi]1 , and any cultivar, variety, subspecies, 1or1 seeds 1[, or spores]1 of such species. "Invasive plant 1[or fungi]1 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); 1running bamboo (Phyllostachys);1 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 1[may] has caused1 , or is likely to 1[,]1 cause 1,1 economic 1, ecological,1 or environmental harm or harm to human health.
"Invasive Species Council" or "council" means the council established pursuant to section 7 of this act.
1"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.1
"Permit" means a permit that is issued by the Department of Agriculture 1[or the Department of Environmental Protection, as applicable,]1 pursuant to section 3 of this act.
"Regulated invasive species" means an invasive 1[animal species, an invasive microorganism species, or an invasive]1 plant 1[or fungi]1 species, and 1[all] any non-hybrid1 sub-species, 1[hybrids, varieties, cultivars, and] variety, cultivar, or1 other 1[subcategories] subcategory1 thereof, which 1is included in a departmental list of regulated invasive species, published pursuant to subsection a. of section 4 of this act, and which, consequently,1 may not be introduced into a terrestrial, freshwater aquatic, or marine ecosystem 1in this State1 without a permit 1[, and which are not specifically exempted from the permitting requirements established] issued1 pursuant to this act.
2. a. 1[No] 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, no1 person 1[may purchase,] shall1 sell, 1[offer for sale,]1 distribute, 1[import,]1 export, 1or offer1 or otherwise 1[propagate] make available1 for sale 1[or] ,1 distribution, 1or exportation,1 a regulated invasive species in the State without a permit issued 1[, by the Department of Agriculture or the Department of Environmental Protection,]1 pursuant to this act.
b. 1The 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.1 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 1[purchased] imported into, or when propagated1, sold, 1[offered for sale,]1 distributed, 1[imported,]1 exported, or 1offered or1 otherwise 1[propagated] made available1 for sale 1[or] ,1 distribution 1, or exportation1 in 1,1 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 1shall be1 accompanied, at the point of sale, by appropriate educational materials that have been developed or provided 1,1 by the Department of Agriculture, pursuant to section 5 of this act:
1[(1) the following cultivars or varieties of Japanese Barberry (Berberis thunbergii): (a) Aurea; (b) UCONNBTCP4N; (c) UCONNBTB133; (d) UCONNBTB048; and (e) UCONNBTB039; and
(2)]1 the following cultivars or varieties of Chinese Silvergrass (Miscanthus sinesnsis): 1[(a)] (1)1 NCMS1; and 1[(b)] (2)1 Tift M77.
1d. 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.1
3. a. The Department of Agriculture 1[and the Department of Environmental Protection]1 shall 1[jointly]1 adopt rules and regulations 1[, in cooperation and consultation with each other and]1 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 1[purchase,] introduction, importation, propagation,1 sale, 1[import, export, introduction,]1 distribution, and 1[propagation] exportation1 of regulated invasive species in1, into, and out of,1 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 1subsection a. of1 section 4 of this act, as well as a description of the regulatory processes that will be used by each department, 1[pursuant to] in accordance with the provisions of subsections b., c., and d. of1 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 1limited1 propagation1, importation,1 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 1[b.] c.1 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 1, to be administered by the department,1 providing for consumer warning labels to be attached, at the point of sale, to each 1regulated1 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 1regulated1 invasive species, 1as appropriate,1 in order to prevent the escape or unintended wild propagation 1[of the invasive species] thereof1;
(7) procedures for the submission and departmental review of permit applications;
(8) a schedule of fees that will be imposed, by 1[each] the1 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. 1[(1)]1 The 1[Departments] Department1 of Agriculture 1[and Environmental Protection]1 , acting in accordance with recommendations from the New Jersey Invasive Species Council 1,1 established pursuant to section 7 of this act, and in consultation 1[with one another and]1 any other relevant State entity, shall, not more than one year after the effective date of this act, develop a list 1[of] identifying1 the regulated invasive species that are subject to 1[each department's respective jurisdiction and]1 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 1[departments] department1 shall 1[respectively]1 adopt rules and regulations revising the departmental 1[lists] list1 developed pursuant to this section, as may be necessary to designate new species as regulated invasive species for the purposes of this act.
1[(2)] b. (1)1 Notwithstanding any other provision of this act, or any rule or regulation, to the contrary, 1[each] no1 invasive plant species 1[that is specifically identified in section 1 of this act]1 shall 1[become] be1 subject to the prohibitions and permitting requirements 1[of] set forth in1 subsection a. of section 2 of this act 1[immediately upon the plant's inclusion] unless and until such species is expressly identified1 in a departmental list 1of regulated invasive species1 developed 1or updated, and published, by the Department of Agriculture1 pursuant to 1[this]1 subsection 1a. of this section1. 1[Any other commercially available invasive plant species that is not listed in section 1 of this act, but which is later added to a departmental list of regulated invasive species, pursuant to this act, shall become subject to the prohibitions and permitting requirements of subsection a. of section 2 of this act, as applicable to the propagation and import of the plant, on the first day of the thirteenth month after the plant is first identified on a departmental list of regulated invasive species, pursuant to this section, and shall become subject to the remaining prohibitions and permitting requirements of subsection a. of section 2 of this act, as applicable, on the first day of the 49th month after the plant is first identified on a departmental list of regulated invasive species, pursuant to this section.
b.] (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.1 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 1[or the Department of Environmental Protection, as applicable,]1 shall consider:
(1) the threat that the species poses to native species in the State;
(2) the threat that the species poses to 1[any]1 sensitive habitats or endangered or threatened species in the State;
(3) the threat that the species poses to 1[any]1 historical, cultural, or infrastructure resources in the State; and
(4) the likelihood that the species will escape and propagate uncontrolled in the State.
1[c.] d.1 In order to designate a species as a regulated invasive species, pursuant to this section, the Department of Agriculture 1[or the Department of Environmental Protection, as applicable,]1 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 1[and the Department of Environmental Protection, in consultation 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,]1 shall develop or provide, in a manner deemed 1[by the Department of Agriculture or the Department of Environmental Protection] thereby1 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 1[departments] department1 , pursuant to this section, shall be distributed to consumers, either by the 1[departments] department1 or by collaborating entities, at the point of sale of a regulated invasive species and at any other locations deemed by the 1[departments] department1 or the collaborating entities to be appropriate.
1c. 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.1
6. a. (1) Any person who violates this act, 1[or]1 any rule or regulation adopted pursuant thereto, 1or the conditions of any permit issued thereunder,1 shall be subject to a warning for a first offense and a civil penalty of up to $1,000 for 1[a] the1 second offense, up to $2,000 for 1[a] the1 third offense, and up to $5,000 for 1[a] the1 fourth 1[or] and any1 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) 1For 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)1 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 1[or the Department of Environmental Protection]1 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 1[or the Department of Environmental Protection, acting within their respective jurisdictions,]1 may seize and destroy any 1regulated1 invasive species that forms a basis 1[of] for1 a violation of this act or 1a violation of1 any rule or regulation adopted1, or any permit issued,1 pursuant thereto.
e. The Department of Agriculture 1[or the Department of Environmental Protection]1 may 1[jointly]1 compromise and settle any claim for a penalty under this act in such amount which appears, in the discretion of the 1[departments] department1 , 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 1[13] 171 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) 1[nine] thirteen1 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) 1[one representative] three representatives1 from the agricultural sector 1representing the northern, central, and southern regions of the State respectively1 ;
(c) 1[two] three1 representatives of the nursery and landscape sector 1representing the northern, central, and southern regions of the State respectively1 ;
(d) 1[one representative] three representatives1 from academia; and
(e) 1[two representatives] one representative1 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. 1Upon 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.1 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 1travel and other1 necessary expenses incurred thereby in the performance of their duties, within the limits of funds 1appropriated or otherwise1 made available for the council's purposes.
f. The 1[co-chairs] chairperson1 of the council shall be the 1[Commissioner of Environmental Protection and the]1 Secretary of Agriculture, or 1[their designees] the Secretary's designee1 . A majority of 1[the] all of the council's authorized1 membership 1[of the council]1 shall constitute a quorum for the transaction of council business, and action may be taken1,1 at any council meeting1,1 by the affirmative vote of a majority of the 1[council's membership] members present who are in good standing1.
g. The council 1, 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, and1 shall meet1, at the call of the chairperson,1 on at least a quarterly basis 1[, at the call of one or both of the co-chairs] thereafter1.
h. (1) The council shall work in cooperation with the Department of Agriculture 1[and the Department of Environmental Protection]1 to assist the 1[departments] department1 in developing and adopting a program for the transparent regulation and management of invasive 1plant1 species in the State, consistent with proven best practices. To that end, within one year after the effective date of this act, and 1[annually] every two years1 thereafter, the council shall evaluate, and develop its own comprehensive 1[lists] list1 of, species that are already deemed to be, or may ultimately become, invasive and, based on those evaluations and 1[lists] such invasive species list1, 1shall1 submit written recommendations to the Department of Agriculture 1[and the Department of Environmental Protection]1 regarding the 1[inclusion of new]1 invasive species 1[on, or the removal or exemption of specific non-invasive species]1, 1and the non-hybrid1 cultivars, varieties, or subspecies 1thereof, which should be added to, or should be removed or exempted1 from, 1[each] the1 department's regulated invasive species list, established pursuant to 1subsection a. of1 section 4 of this act.
1(2)1 The council's 1invasive1 species 1[lists] list1, established and regularly updated pursuant to 1paragraph (1) of1 this subsection, shall 1[identify] review1 all invasive species in New Jersey, including all species that are 1[already]1 included on the list of invasive species maintained by the New Jersey Invasive Species Strike 1[Force, as well as] Team and1 all other species 1[that are]1 identified on the regulated invasive species lists 1[newly]1 developed pursuant to 1subsection a. of section 4 of1 this act, 1[and] as well as1 all invasive species that are currently subject to regulation in the nearby states of New York, Pennsylvania, Connecticut, Maryland, Delaware, and Virginia 1, for possible inclusion on the list1 . The council shall also develop 1appropriate1 procedures and 1[make] provide written1 recommendations to the Department of Agriculture 1[and the Department of Environmental Protection]1 , 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.
1[(2)] (3)1 Whenever the council recommends that a new 1invasive1 species be added to a departmental list of regulated invasive species, 1developed1 pursuant to 1subsection a. of section 4 of1 this 1[subsection] act1, the council shall also recommend an appropriate 1effective1 date on which the newly added species should become subject to the 1[sales and propagation prohibition] prohibitions1 and permitting requirements 1[established pursuant to] set forth in subsection a. of1 section 2 of this act. When making 1any1 such 1[a] effective date1 recommendation 1[regarding the date on which the permitting requirements of this act are to become effective with respect to any newly added species]1, the council shall consider, at a minimum, the economic 1[impact of regulating the newly added species, pursuant to this act] impacts1, on the nursery industry, 1[and] that are likely to result from the regulation of such new species as a regulated invasive species, pursuant to this act, as well as1 the ecological urgency of 1such1 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 1shall submit1 the revised plan 1[shall be submitted]1 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 1[one year] two years1 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; 1[and]1
(7) provisions requiring coordination among State agencies, adjacent states, and other applicable entities1; 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 State1.
j. The council shall 1[undertake] engage in1 the following tasks and 1[any]1 other reasonable measures1, as1 necessary to prevent the introduction of regulated invasive species into the State and 1[to]1 eliminate or minimize the presence and detrimental impacts of regulated invasive species already established in the State1[. These tasks, as appropriate, may be integrated as components of the New Jersey Invasive Species Management Plan]1:
(1) recommend measures 1[necessary for] to enhance and facilitate cooperation and collaboration between and among relevant1 State departments and agencies, 1[and for]1 non-governmental organizations, 1[to cooperate with]1 federal agencies1,1 and other states 1[in complying] , as necessary to ensure compliance1 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 1identify the1 methods 1[for preventing] that are being used to prevent1 the introduction 1of regulated invasive species into the State1 and 1to1 control 1and manage existing populations1 of 1regulated1 invasive species 1already established in New Jersey1;
(3) review ongoing invasive species control 1and management1 efforts being carried out by State departments and agencies, and recommend 1the use of1 new or revised measures to 1more effectively1 limit the introduction 1of invasive plant species into,1 and 1[effectuate the] more effectively1 control 1[of] and manage existing populations of regulated1 invasive species 1in, the State1 ;
(4) produce or identify educational programs and 1educational1 materials, for public 1use and1 distribution, 1[identifying] which programs and materials shall: (a) provide information on1 the threats posed by invasive species, 1[outlining] ; (b) outline available1 measures to 1[prevent] be used in preventing1 the introduction of invasive species 1into,1 and 1[to control] in controlling or managing1 invasive species 1present1 in 1,1 the State 1[,] ;1 and 1[encouraging] (c) encourage1 the use of local native genotypes, including drought-tolerant native plants, preferably 1those1 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 1[the]1 horticultural organizations, as necessary to implement the policies and recommendations of the council;
(6) identify and use 1all available1 sources of funding 1[that are available]1 to support the council's research, monitoring, 1[and]1 control activities 1and the council's other activities and operations1, 1as well as1 relevant youth and community outreach programs1[, and other council operations and activities]1; 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 Council1,1 established pursuant to P.L.2004, c.120 (C.13:20-1 et seq.)1,1 and the Pinelands Commission1,1 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 1[and the Department of Environmental Protection]1 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.
1m. 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.1
8. a. The Department of Agriculture 1[and the Department of Environmental Protection]1 shall 1[each]1 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 1[, the Department of Environmental Protection,]1 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, 1or1 propagation 1[, or purchase]1 of a regulated invasive species.
10. 1[Sections 1 through 6, and sections 8 and 9, of this act shall take effect on the first day of the 24th month next following enactment, except that the Department of Agriculture and the Department of Environmental Protection may take any anticipatory administrative action, in advance of the effective date, as may be necessary for the implementation of this act. The remaining provisions of this] This1 act shall take effect immediately.
