LEGISLATIVE FISCAL ESTIMATE

[First Reprint]

SENATE, No. 3906

STATE OF NEW JERSEY

221st LEGISLATURE

DATED: MARCH 18, 2025

SUMMARY

Synopsis:	Revises "Tree Experts and Tree Care Operators Licensing Act" to provide enforcement and penalty provisions.
Type of Impact:	Annual State revenue and expenditure increases.
Agencies Affected:	Department of Environmental Protection.

Office of Legislative Services Estimate

Fiscal Impact	Annual
State Revenue Increase	Up to $500,000
State Expenditure Increase	Indeterminate

· The Office of Legislative Services (OLS) estimates that this bill would result in annual State revenue increase of up to $500,000.  The New Jersey Board of Tree Experts within the Department of Environmental Protection has provided that, as of February 2025, 220 individual tree care experts or operators and 250 businesses are out of compliance with the Tree Experts and Tree Care Operators Licensing Act, with violation durations of at least one month. 

· The OLS notes this is a maximum estimate, as the State’s ability to collect fines and penalties has historically been limited.

· The department may experience indeterminate annual cost increases from additional responsibilities in reviewing and enforcing compliance with the act, providing notice to those in violation, and specifying the violations of the provisions of the act.

BILL DESCRIPTION

      This bill revises the Tree Experts and Tree Care Operators Licensing Act to provide enforcement and penalty provisions.  The bill establishes that the New Jersey Board of Tree Experts or the Department of Environmental Protection, upon a violation of the abovementioned law, may: (1) issue an order requiring any person in violation of the law to comply; (2) bring a civil action in accordance with the provisions of the bill; (3) levy a civil administrative penalty in accordance with the provisions of the bill; or (4) bring an action for a civil penalty in accordance with the provisions of the bill.

      A person who violates any provision of the act will be subject to a civil administrative penalty not to exceed $1,000 for a first violation and not to exceed $2,500 for a second or subsequent violation.  No assessment will be levied pursuant to the bill until after the alleged violator has been notified by certified mail or personal service.   

FISCAL ANALYSIS

EXECUTIVE BRANCH

      None received.

OFFICE OF LEGISLATIVE SERVICES

      The OLS estimates that this bill would result in annual State revenue increase of up to $500,000.  Violators of the act may be assessed a penalty of up to $1,000 for a first offense, and up to $2,500 for a second and subsequent offense.  The OLS notes this is a maximum estimate, as the State’s ability to collect fines and penalties has historically been limited.    

      Compliance with the Tree Experts and Tree Care Operators Licensing Act is already monitored by the New Jersey Board of Tree Experts.  According to the board, as of February 2025, 250 individual licensed tree care experts or operators were on the board’s suspended list.  Most were due for renewal on December 31, 2024.  The board currently monitors 220 businesses on the suspended list, most of which had licenses due for renewal on September 14, 2024. 

      The department may experience indeterminate annual cost increases from additional responsibilities in reviewing and enforcing compliance with the act, providing notice to those in violation, and specifying the violations of the provisions of the act.            

Section:	Environment, Agriculture, Energy, and Natural Resources
Analyst:	Anna Heckler Assistant Fiscal Analyst
Approved:	Thomas Koenig Legislative Budget and Finance Officer

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).