ASSEMBLY, No. 3700

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED MARCH 16, 2020

 

 

Sponsored by:

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Transfers NJ Board of Tree Experts from DEP to Dept. of Agriculture.

 

CURRENT VERSION OF TEXT

     As introduced.

 

An Act transferring the New Jersey Board of Tree Experts from the Department of Environmental Protection to the Department of Agriculture, and amending and supplementing P.L.2009, c.237. 

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    (New section)    The New Jersey Board of Tree Experts in the Department of Environmental Protection, established pursuant to section 3 of P.L.2009, c.237 (C.45:15C-13), together with all its functions, powers, and duties, is continued as the New Jersey Board of Tree Experts in the Department of Agriculture.  This transfer shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).

 

     2.    Section 3 of P.L.2009, c.237 (C.45:15C-13) is amended to read as follows:

     3.    There is established in the Department of [Environmental Protection] Agriculture the New Jersey Board of Tree Experts.  The board shall consist of nine members, including the [Commissioner of the Department of Environmental Protection] Secretary of Agriculture or the [commissioner's] secretary's designee, who shall serve ex officio, and eight members, appointed by the Governor with the [advise] advice and consent of the Senate as follows: five shall be licensed tree experts, two shall be licensed tree care operators, and one shall possess knowledge of arboriculture or forestry, including urban forestry. However, of the public members first appointed, three of the five licensed tree expert memberships shall be appointed from the members of the board of tree experts established by P.L.1940, c.100 (C.45:15-1 et seq.), participating on the board on the date of enactment of [this act] P.L.2009, c.237 (C.45:15C-11 et seq.), and the remaining tree experts first appointed shall be certified, on or before the date of enactment of [this act] P.L.2009, c.237 (C.45:15C-11 et seq.), pursuant to the provisions of P.L.1940, c.100 (C.45:15C-1 et seq.).  The initial members of the board, including the tree care operators first appointed, need not be licensed until 180 days following the promulgation of initial regulations by the board to carry out the provisions of [this act] P.L.2009, c.237 (C.45:15C-11 et seq.).  Thereafter, the members of the board subsequently appointed shall be licensed before appointment.  The three members of the board of tree experts shall be appointed for a term of three years, and one of the initial tree care operators shall be appointed for a term of three years; the remaining two initial tree experts and the remaining initial tree care operator shall be appointed for a term of two years; and the initial member possessing knowledge of arboriculture or forestry shall be appointed for a term of one year.  Thereafter, all members appointed shall serve for terms of three years or until their successors are appointed and qualified.  Vacancies shall be filled for the unexpired terms only.

(cf: P.L.2009, c.237, s.3)

 

     3.    Section 4 of P.L.2009, c.237 (C.45:15C-14) is amended to read as follows:

     4.    The board shall annually elect from among its members a chairman and a vice-chairman.  The board shall meet at least four times per year and may hold additional meetings as necessary to discharge its duties.  A majority of the total authorized membership of the board may exercise any of the powers of the board at any meeting.  The members of the board shall serve without compensation, but the board may, within the limits of funds appropriated or otherwise made available to it, reimburse members for actual expenses necessarily incurred in the discharge of their official duties, according to rules and regulations promulgated by the [Commissioner of the Department of Environmental Protection] Secretary of Agriculture.

(cf: P.L.2009, c.237, s.4)

 

     4.    Section 5 of P.L.2009, c.237 (C.45:15C-15) is amended to read as follows:

     5.    The board shall:

     a.     Review the qualifications of an applicant for licensure under [the act] P.L.2009, c.237 (C.45:15C-11 et seq.);

     b.    Establish standards for examinations for licensure;

     c.     Issue and renew licenses and assess fees therefor;

     d.    Establish standards by regulation, which shall include, but not be limited to, the appropriate standards of the American National Standards Institute (ANSI), and any related standards and best management practices;

     e.     Suspend or revoke licenses or registrations for violations of [the act] P.L.2009, c.237 (C.45:15C-11 et seq.);

     f.     Maintain a registry of licensees;

     g.    Adopt a canon of professional ethics;

     h.    Adopt such regulations as may be necessary to effectuate the purposes of [the act] P.L.2009, c.237 (C.45:15C-11 et seq.);

     i.     Establish fees by regulation for examinations, applications for licensure, and license renewals.  The fees shall be sufficient to defray expenses incurred by the board in the performance of its duties under [the act] P.L.2009, c.237 (C.45:15C-11 et seq.);

     j.     Conduct such worksite inspections as may be necessary to enforce the provisions of [this act; and] P.L.2009, c.237 (C.45:15C-11 et seq.);

     k.    Maintain a registry of businesses engaged in tree care services, and charge a fee therefor; and

     l.     Employ such employees as the board deems necessary to carry out its functions, powers, and duties pursuant to P.L.2009, c.237 (C.45:15C-11 et seq.), within the limits of funds appropriated or otherwise made available to the board for its purposes.

(cf: P.L.2009, c.237, s.5)

 

     5.    Section 10 of P.L.2009, c.237 (C.45:15C-20) is amended to read as follows:

     10.  In rendering professional services, a licensed tree expert or licensed tree care operator shall comply in all respects with the applicable laws and regulations pertaining to tree expert or tree care operator services and shall have the duty to make every reasonable effort to protect the safety, health, property, and welfare of the public.  This shall include ensuring the safe operation of all equipment used in the performance of tree expert or tree care operator services, under guidelines established by the Department of [Environmental Protection] Agriculture or by the board.

(cf: P.L.2009, c.237, s.10)

 

     6.    Section 15 of P.L.2009, c.237 (C.45:15C-25) is amended to read as follows:

     15.  In the performance of tree expert or tree care operator services, a licensed tree expert or licensed tree care operator and every tree care business shall cooperate fully with the Department of [Environmental Protection] Agriculture and the board in an investigation or adjudication of an alleged violation of this law or any regulations promulgated pursuant thereto, and upon request, shall provide copies of any documents that shall be requested in connection therewith.

(cf: P.L.2009, c.237, s.15)

 

     7.    Section 16 of P.L.2009, c.237 (C.45:15C-26) is amended to read as follows:

     16.  Whenever it shall appear to the board or the Department of [Environmental Protection] Agriculture that a person has engaged in, or is engaging in, any unlawful activity under the provisions of [this act] P.L.2009, c.237 (C.45:15C-11 et seq.), the person may be required to file, on a form prescribed by regulation, a statement in writing under oath as to the facts and circumstances concerning the rendering of any service or other violation of [this act] P.L.2009, c.237 (C.45:15C-11 et seq.).  The board or the department may examine any person in connection with any act or practice subject to [the act] P.L.2009, c.237 (C.45:15C-11 et seq.),

inspect any premises upon which any violation is alleged to have taken place or premises that constitute the licensee's place of business, and examine any record, book, document, account or paper maintained by or for any licensee in the conduct of his business.

(cf: P.L.2009, c.237, s.16)

 

     8.    Section 19 of P.L.2009, c.237 (C.45:15C-29) is amended to read as follows:

     19.  Whenever it shall appear to the board or the Department of [Environmental Protection] Agriculture that a violation of [this act] P.L.2009, c.237 (C.45:15C-11 et seq.) has occurred, is occurring, or will occur, the Attorney General, in addition to any other proceeding authorized by law, may seek and obtain in a summary proceeding in the Superior Court an injunction prohibiting the act or practice.  The court may assess a civil penalty in accordance with the provisions of [this act] P.L.2009, c.237 (C.45:15C-11 et seq.), but the court shall not suspend or revoke any license issued by the board.

(cf: P.L.2009, c.237, s.19)

 

     9     Section 20 of P.L.2009, c.237 (C.45:15C-30) is amended to read as follows:

     20.  Any person aggrieved by an order or finding by the board or the [commissioner] secretary may appeal the order or finding to the Superior Court.

(cf: P.L.2009, c.237, s.20)

 

     10.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would transfer the New Jersey Board of Tree Experts (board), together with all of its functions, powers, and duties, from the Department of Environmental Protection to the Department of Agriculture.  The transfer would be subject to the provisions of the "State Agency Transfer Act."  The bill would also authorize the board to employ such employees as it deems necessary to carry out its functions, powers, and duties, within the limits of funds appropriated or otherwise made available to the board.

     This transfer would allow for greater cooperation and cost-sharing between the board and the Department of Agriculture.  Specifically, it would permit the board to work hand in hand with the department to combat the spread of invasive and exotic pests.  Tree insects and diseases are problems that are addressed by both

the board and the Department of Agriculture.  Under the transfer, the Department of Agriculture would have quick access to the board's regulated tree care industry for alerts and announcements concerning invasive insects and diseases.  The board would also be eligible to apply for grants and receive external grant funds from the United States Department of Agriculture Forest Service.