ASSEMBLY, No. 284
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman VINCENT MAZZEO
District 2 (Atlantic)
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
SYNOPSIS
Establishes requirements for sale and planting of running bamboo; requires recordkeeping of certain violations and consideration thereof as grounds for license or registration review.
CURRENT VERSION OF TEXT
As reported by the Assembly Agriculture Committee on May 17, 2021, with amendments.
An Act concerning running bamboo and supplementing Titles 4 and 13 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. No person shall sell running bamboo in the State unless that person is a nurseryman who possesses a certification from the department pursuant to R.S.4:7-15 et seq. 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 day during which it continues shall constitute a separate and distinct offense. The municipal court and the Superior Court shall have jurisdiction to enforce the “Penalty Enforcement Law of 1999.”
b. The Department of Agriculture, the Department of Environmental Protection, and any county or municipality shall have the authority to enforce the provisions of this section.
c. As used in this section, “running bamboo” means any bamboo in the genus Phyllostachys, including Phyllostachys aureosulcata.
2. a. (1) No person shall plant running bamboo in the State unless that person is a landscape architect licensed pursuant to P.L.1983, c.337 (C.45:3A-1 et al.) or a home improvement contractor registered with the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to P.L.2004, c.16 (C.56:8-136 et seq.), or an employee or contractor of a licensed landscape architect or registered home improvement contractor, and the person plants the running bamboo in compliance with the requirements of subsection b. of this section.
(2) 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 day during which it continues shall constitute a separate and distinct offense. The municipal court and the Superior Court shall have jurisdiction to enforce the “Penalty Enforcement Law of 1999.”
b. (1) A licensed landscape architect or registered home improvement contractor, or employee or contractor thereof, shall not plant running bamboo on any property within 100 feet of the property boundary line or a public right-of-way unless: (a) the running bamboo is contained by a properly constructed barrier system that prevents the spread of roots underground; or (b) the running bamboo is planted above ground in a container or planter so that it is contained and does not come into contact with the surrounding soil.
(2) A licensed landscape architect or registered home improvement contractor who violates this subsection shall be 1[issued a warning] liable to a civil penalty of $1001 for the first offense 1[. For] , and for1 a second or subsequent offense, the licensed landscape architect or registered home improvement contractor shall be liable to a civil penalty of 1[$100] $2501, to be collected in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999.” The municipal court and the Superior Court shall have jurisdiction to enforce the “Penalty Enforcement Law of 1999 1[.”] ,” and in addition to imposition of the civil penalty, the court shall report the violator and offense to the Division of Consumer Affairs.
(3) The Division of Consumer Affairs shall maintain records of the violators and offenses reported pursuant to paragraph (2) of this subsection. Upon receiving multiple reports concerning a licensed landscape architect or registered home improvement contractor, the division may consider the reports grounds for review of the landscape architect’s license or the home improvement contractor’s registration for suspension or revocation. The number of reports that result in a review shall be at the discretion of the division1.
c. (1) A person who owns property on which running bamboo is planted pursuant to this section, or a subsequent purchaser of the property or person who takes possession of the property pursuant to a foreclosure or other legal action, shall be responsible for maintaining the running bamboo in compliance with subsection b. of this section. A person who fails to properly maintain the bamboo in compliance with this section 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 the adjacent property.
(2) If the spread of running bamboo onto an adjacent property is the result of improper planting of the bamboo by a licensed landscape architect or registered home improvement contractor, in violation of subsection b. of this section, the person who owns the property on which the running bamboo was planted, and who is being held liable for damages to the adjacent property, may seek indemnification from the licensed landscape architect or registered home improvement contractor.
d. The Department of Environmental Protection, the Department of Agriculture, and any county or municipality shall have the authority to enforce the provisions of this section.
e. This section shall not apply to running bamboo that was planted before the date of enactment of this section.
f. As used in this section, “running bamboo” means any bamboo in the genus Phyllostachys, including Phyllostachys aureosulcata.
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 bamboo or 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 1[immediately] on the 60th day following the date of enactment1.