TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

CHAPTER 430
INSECT PESTS AND PLANT DISEASES

Invasive Species

Section 430:58

    430:58 Upland Invasive Species Program and Fund. –
I. There is established an upland invasive species program in the department which shall address invasive species infestations. The program shall be administered by an upland invasive species program coordinator. This position shall be a classified position and the coordinator shall be qualified by reason of education and experience. The upland invasive species program coordinator shall:
(a) Make maps statewide of invasive species infestations.
(b) Notify municipalities of invasive species infestations.
(c) Hold a valid commercial, not for hire, category B pesticide applicators license.
(d) Maintain an active upland invasive species program that includes a combination of mechanical, cultural, biological, and chemical controls for the purpose of preventing and inhibiting the spread of invasive species.
(e) Subsidize the purchase of herbicides by municipalities, when funding is available. Municipalities shall provide the coordinator with copies of invoices paid by them no later than November 1 of each year. Based on the invoices received, the coordinator shall, if necessary, distribute reimbursements on a pro-rata basis and make payments to such municipalities no later than December 15.
(f) Develop and distribute invasive species program information around the state.
(g) Coordinate with the department of environmental services and the department of natural and cultural resources to ensure that any upland invasive species remediation efforts do not adversely impact the water quality of any municipal water supply or body of water under the supervision of those departments.
(h) Invite the participation of state and federal agencies, municipalities, universities, the general public, or others in helping to manage, educate, and raise awareness of invasive species.
II. Each city and town shall designate an existing employee, agency, or other designee as the contact point for the upland land invasive species coordinator in order to address local invasive species issues.
III. All state agencies shall cooperate with the upland invasive species program coordinator to develop programs and policies addressing the proliferation and spread of upland invasive species on agency-owned land.
IV. There is hereby established in the state treasury a fund to be known as the upland invasive species remediation fund which shall be kept distinct and separate from other funds. The commissioner of the department of agriculture, markets, and food may accept funds from any federal, state, or private source, including grants, gifts, or donations of any kind, for the purpose of funding the purchase of necessary equipment and materials in support of invasive species remediation. The fund shall be nonlapsing and continually appropriated to the commissioner of the department of agriculture, markets, and food for the purposes of this section. However, the fund shall not be used for any costs associated with personnel or staffing.

Source. 2022, 153:1, eff. June 30, 2022.