New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A5112

Introduced
1/23/23  

Caption

Establishes requirements for sale and planting of running bamboo; requires recordkeeping of certain violations and consideration thereof as grounds for license or registration review.

Impact

The bill encompasses robust measures to mitigate the spread of running bamboo, which is known to encroach on neighboring properties. Specifically, it prohibits planting bamboo within 100 feet of property lines or public right-of-ways unless effective containment measures are employed. This helps protect adjacent landowners from unwanted growth and maintains local ecosystems. Additionally, property owners are held accountable for maintaining running bamboo on their property and are liable for any damages it causes to neighboring lands, promoting responsible ownership.

Summary

Bill A5112 establishes uniform regulations concerning the sale and planting of running bamboo in New Jersey. It categorizes running bamboo under the genus Phyllostachys, specifically focusing on species such as Phyllostachys aureosulcata. The bill mandates that only certified nurserymen are allowed to sell running bamboo, while planting it is restricted to licensed landscape architects, registered home improvement contractors, or their qualified employees and contractors. Violations of these provisions incur civil penalties of $100, escalating for repeat offenses, thereby aiming to ensure that only knowledgeable individuals handle the cultivation of this potentially invasive plant.

Contention

Potential points of contention include the financial and logistical burdens this bill may impose on landscape professionals and property owners. Critics might argue that these regulations could complicate gardening and landscaping for private property owners and lead to increased costs for compliance. Furthermore, the enforcement mechanisms requiring the reporting of violators to the Division of Consumer Affairs highlight the increased governmental oversight over private land use, which could be viewed as an infringement on personal freedoms.

Enforcement

The bill authorizes several state and local agencies, including the Department of Agriculture and the Department of Environmental Protection, to enforce these regulations. Additionally, the Division of Consumer Affairs is tasked with maintaining records of violations and is empowered to review the licenses of repeat offenders, thereby ensuring compliance with the new standards. This comprehensive approach indicates a significant shift towards stricter management of non-native plant species in New Jersey.

Companion Bills

No companion bills found.

Previously Filed As

NJ S2557

Establishes requirements for sale and planting of running bamboo; requires recordkeeping of certain violations and consideration thereof as grounds for license or registration review.

NJ SB01016

An Act Regulating The Planting And Sale Of Running Bamboo.

NJ S3411

Modifies recordkeeping requirements for secondhand jewelry and precious metal transactions; increases penalties for violations.

NJ A5592

Establishes licensure requirement for source plasma donation centers.

NJ S2285

Provides for licensure of landscape professionals and registration of professional landscaping businesses.

NJ A581

Provides for licensure of landscape professionals and registration of professional landscaping businesses.

NJ A1466

Provides for licensure of landscape professionals and registration of professional landscaping businesses.

NJ S3010

Provides for licensure of landscape professionals and registration of professional landscaping businesses.

NJ A2138

Establishes professional board to regulate home improvement and home elevation contractors and requires licensure for each type of contractor.

NJ S1039

Revises requirements for sale of tobacco and vapor products; increases penalties for prohibited sales; increases fees for cigarette and vapor business licensure.

Similar Bills

NJ S2557

Establishes requirements for sale and planting of running bamboo; requires recordkeeping of certain violations and consideration thereof as grounds for license or registration review.

CT SB00072

An Act Concerning Liability For The Growing Of Running Bamboo.

NJ S4490

Prohibits persons from installing, planting, or placing nonfunctional turf or invasive plant species on certain types of property during certain construction projects.

CT SB01016

An Act Regulating The Planting And Sale Of Running Bamboo.

VA SB1480

Professional and Occupational Regulation, Department of; deregulation of certain professions.

ND HB1445

The definition of a pre-engineered structure and the threshold for procuring plans, drawings, and specifications from an architect or engineer for construction of a public improvement.

ND HB1121

The threshold for procuring plans, drawings, and specifications from an architect or engineer for construction of a public improvement.

AK HB215

Arch, Eng, Land Survey: State Bd/practice