A4049

An Act concerning the management of invasive species, supplementing Title 4 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 P.L. , c. (C. ) (pending before the Legislature as this bill):

“Department” means the New Jersey Department of Agriculture.

“Division” means the Division of Plant Industry in the Department of Agriculture.

“Non-native species” means, with respect to a particular ecosystem, an organism, including its seeds, eggs, spores, or other biological material capable of propagating that species, that occurs outside of its natural range.

“Prohibited invasive species” means an invasive species whose introduction causes, or may cause, substantial economic or environmental harm or harm to human health, or substantially threatens, or may threaten, natural resources or the use of natural resources in the State, which species has been listed in section 4 of this act or the rules and regulations adopted by the department to implement this act.

“Local government” means a municipality, county, or other political subdivision of the State.

“Non-native organism” means with respect to a particular ecosystem, an organism, including its seeds, eggs, spores, or other biological material capable of propagating that species, that occurs outside of its natural range.

“Secretary” means the Secretary of Agriculture.

2. a. The Division of Plant Industry, under the direction of the Secretary, shall establish a grant program to provide grants, on an annual basis, to local governments for invasive and prohibited invasive species control and management.

b. In establishing a grant program pursuant to this section, the division shall:

(1) develop guidelines and procedures for the submission of applications by local governments to receive a grant from the program;

(2) establish criteria for a local government to qualify for a grant from the program;

(3) establish a system to prioritize grants to local governments in greatest need, that have:

(a) incurred damages caused by invasive or prohibited invasive species;

(b) demonstrated widespread invasive or prohibited invasive species infestations among public infrastructure;

(d) experienced native vegetation that is threatened by invasive or prohibited invasive species; and

(4) designate acceptable uses for the grants, including, but not limited to:

(a) inspecting buildings located within the jurisdiction for infestations;

(b) providing early detection and response to invasive and prohibited invasive species, prioritizing species of greatest concern and regions with high biodiversity value or susceptibility;

(d) conducting aerial and ground surveys;

(e) contracting with reputable vendors to conduct invasive and prohibited invasive species control treatment;

(f) maintaining or monitoring treatment activities; and

(g) soliciting requests for funding from the United States Department of Agriculture for reimbursement of treatment costs.

c. To apply for a grant pursuant to this section, a local government shall apply in writing to the division, in a form and manner prescribed by the division. In addition to any other information that the division may deem appropriate, the application shall require the local government to submit information:

(1) demonstrating the local government meets the eligibility requirements established by the division;

(2) outlining the anticipated uses of the grant, including an invasive and prohibited invasive species management plan that outlines the local government’s efforts to eradicate, control, or minimize the effect an invasive and prohibited invasive species has on the ecosystem under consideration; and

(3) estimating the amount of funding that would be required to implement the local government’s anticipated plan.

d. The division may approve applications for the grant program on a rolling basis, subject to the availability of funding for the grant program. In a given year, the sum of grants awarded under the grant program shall not exceed $3 million.

e. Upon approval of an application, the division shall provide a grant, in an amount to be determined by the division, to the local government. Grants shall reimburse local governments for up to 50 percent of the project costs estimated in the application.

f. The division shall develop, and publish on the department’s Internet website, a clearinghouse of information with: a list of known invasive and prohibited invasive species in the State, best practices to prevent the spread of those species, and best practices regarding the means and methods that are used to find, control, and destroy those species.

g. The department, as part of its annual budget request to the Legislature, shall request monies sufficient to provide grants to local governments in accordance with the provisions of this section.

h. The department and division shall coordinate with the Department of Environmental Protection, the United States Department of Agriculture, the National Park Service, the National Invasive Species Council, and any other State or federal agency to pursue any federal, State, local, or private funding sources that may be available to support invasive and prohibited invasive species management.

3. The Secretary of Agriculture shall, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) adopt rules and regulations as necessary to implement the provision of this act.

4. There is appropriated from the General Fund to the Department of Agriculture the sum of $3 million, to be used by the department and division for use as set forth in section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and to be used for the purposes of establishing and implementing the programs required through this bill.

5. This act shall take effect immediately.

STATEMENT

This bill requires the Division of Plant Industry (division) in the Department of Agriculture (department) to establish a grant program for invasive and prohibited invasive species control.

Under the bill, the division is required to use appropriated funds to distribute invasive and prohibited invasive species management grants to local governments to support local governments’ invasive and prohibited invasive species management efforts. The bill outlines several requirements for the grant program, as administered through the bill. These requirements would include guidelines and procedures for the submission of applications by local governments to receive a grant from the program, criteria for a local government to qualify for a grant from the program, a system to prioritize grants to local governments in greatest need, acceptable uses of the grants, and the contents of grant applications. Grants distributed through the program are to reimburse participating local governments for up to 50 percent of costs of invasive and prohibited invasive species treatment and management.

In addition to the grant program, the division is required to develop, for publication to the department’s Internet site, a central clearinghouse of information on invasive and prohibited invasive species management, to include: a list of known invasive and prohibited invasive species in the State, best practices to prevent the spread of those species, alternative native species to use in lieu of horticulturally and commercially used invasive or prohibited invasive species, and best practices regarding the means and methods that are used to find, control, and destroy those species. The department and division are authorized to coordinate with the United States Department of Agriculture and any other State or federal agency to pursue federal, State, local, or private funding sources that may be available to support invasive or prohibited invasive species management.

Finally, the bill appropriates to the department $3 million from the General Fund, to be used for the grant program and other purposes enumerated in the bill.

In 2009, the economic impact of invasive species on New Jersey agriculture was estimated at $290 million per year, or the equivalent of $446 million in 2025.