§ 9.5-301. Duties of Secretary

   The Secretary, with the advice of the Committee, shall:

   (1) On or before October 1, 2012, adopt regulations that:

      (i) Establish a science-based risk assessment protocol for invasive plants that:

         1. Will serve as a basis for creating a two-tiered regulatory approach for controlling invasive plants in the State; and

         2. Considers the harm, as determined by the Secretary, that invasive plants cause in the State, including:

            A. Economic harm;

            B. Ecological harm;

            C. Environmental harm; and

            D. Harm to human health;

      (ii) Govern administrative orders that the Secretary may issue to enforce this subtitle; and

      (iii) Establish a procedure for the approval required under § 9.5-302 of this subtitle for activities involving tier 1 invasive plants.

   (2) On or before October 1, 2013, adopt regulations that:

      (i) Establish a list of tier 1 plants and tier 2 plants in accordance with the risk assessment protocol adopted under paragraph (1) of this subsection;

      (ii) Establish a procedure for classification or declassification of an invasive plant as a tier 1 invasive plant or a tier 2 invasive plant;

      (iii) Phase in the implementation of the requirements of this subtitle with consideration of the economic impact of these requirements on nurseries, landscapers, plant wholesalers, plant retailers, and any other industry;

      (iv) Establish a procedure for the disposal of tier 1 plants;

      (v) Designate the format, size, and content of the sign required under § 9.5-302(b)(1) of this subtitle; and

      (vi) Provide for the distribution of a list of tier 2 invasive plants to licensed nurseries, plant dealers, and plant brokers on an annual basis.

HISTORY: 2011, ch. 65, § 5; ch. 142.