ASSEMBLY ENVIRONMENT AND SOLID WASTE COMMITTEE

STATEMENT TO

ASSEMBLY, No. 3452

with committee amendments

STATE OF NEW JERSEY

DATED:  OCTOBER 27, 2014

      The Assembly Environment and Solid Waste Committee reports favorably and with committee amendments Assembly Bill No. 3452.

      This bill would regulate the planting and sale of running bamboo.

      Specifically, this bill would make it unlawful for any person who plants running bamboo or who allows running bamboo to grow on the person’s property to permit the bamboo to grow beyond the boundaries of the property.  Violators would be liable for any damages caused to any neighboring property by running bamboo.  A subsequent purchaser of property, or a person who takes possession of property pursuant to a foreclosure, would be responsible for ensuring that any running bamboo does not grow beyond the boundaries of the property.

      In addition, the bill would make it unlawful for any person, after the effective date of the bill, to plant running bamboo or allow running bamboo to be planted within 100 feet from the property boundary line of any abutting property or public right-of-way, unless:  (1) the bamboo is contained by a properly constructed and maintained barrier system that prevents the spread of roots underground; or (2) the bamboo is planted above ground in a container or planter so that the running bamboo does not come in contact with the surrounding soil.  Violators would be fined $100.  If the violation is of a continuing nature, each month during which it continues would be a separate offense.

      Under the bill, a retail seller or installer of running bamboo would have to provide to each customer who purchases running bamboo a statement, prepared by the New Jersey Agricultural Experiment Station (NJAES) at Rutgers, the State University, including:  (1) a statement that running bamboo is a fast growing plant that may spread if not properly contained; (2) a plain language summary of the provisions of this bill; and (3) recommendations, based on the best available information, on methods to properly contain running bamboo.  The bill directs the NJAES to prepare this statement and make it available on its website.  A retail seller or installer who violates this provision would be fined $100 for each plant sold or installed in violation of the bill.

      In addition, the bill, as amended, directs the Director of the Division of Consumer Affairs in the Department of Law and Public Safety to require the property condition disclosure statement obtained from the seller of a property to include the following question:  “Are you aware of the presence of any running bamboo (Phyllostachys aureosulcata or other bamboo in the genus Phyllostachys) on this property or an adjacent 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.”

      The bill would take effect on the 90th day after the bill is enacted into law.

COMMITTEE AMENDMENTS

      The committee amendments to the bill:

      1)  amend the penalty in subsection b. of section 1 of the bill to provide that if the violation is of a continuing nature, each month (rather than each day) during which it continues would be a separate offense;

      2)  amend section 3 of the bill to (a) delete the language that would have required a real estate broker, broker-salesperson, or licensed salesperson to provide certain notice concerning running bamboo to prospective purchasers of residential property, and (b) add a requirement that the property condition disclosure statement obtained from the seller of a property include the question specified in the bill concerning the presence of running bamboo; and

      3)  make technical corrections to the title of the bill.