An Act concerning the State forest management program and supplementing P.L.1983, c.324 (C.13:1L-1 et seq.).

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

1. a. Notwithstanding any provision of the "State Park and Forestry Resources Act," P.L.1983, c.324 (C.13:1L-1 et seq.), or any rule or regulation adopted pursuant thereto, to the contrary, the New Jersey State Forest Nursery, established pursuant to section 14 of P.L.1983, c.324 (C.13:1L-14), shall not provide trees or any forestation stock for solely aesthetic improvement, aesthetic screening, or any other solely aesthetic purpose.

b. Forestation stock from the State forest nursery shall not be resold or removed from the property upon which it is planted, whether as live trees or severed from the stump for ornamental use, or for use as Christmas trees or holiday decorations.

c. The New Jersey State Forest Nursery shall not sell for less than the average market price any trees or forestation stock for any of the following purposes:

(1) for any project which is mandated by federal or State law, rule, or regulation, or by local ordinance, resolution, rule, or regulation, including, but not limited to, projects required pursuant to the federal "Clean Water Act" (33 U.S.C. s.1251 et seq.);

(2) for any project that is required to fulfill a permit obligation, such as, but not limited to, a wetland, stream bank, or conservation mitigation project;

(3) for any project required to fulfill a municipal or county permit obligation, such as, but not limited to, plantings required for site plan or subdivision approval; and

(4) for any voluntary project where the landowner is to profit from the installation of the plants, such as, but not limited to, commercial development or wetland mitigation banks.

d. As used in this section, "forestation stock" means any native tree seed, seedling, or sapling, or any hybrid or genetically altered or improved seed, seedling, or sapling that is at least in part a native tree seed, seedling, or sapling, sold either as a bare root or in a pot or tub. "Hybrid or genetically altered or improved seed, seedling, or sapling" shall include, but not be limited to, the pitch-lob seedling created by crossing the pitch pine and the loblolly pine.

2. This act shall take effect immediately.

STATEMENT

This bill would prevent the New Jersey State Forest Nursery (the State forest nursery) from creating an unlevel playing field and engaging in unfair competition with local private nurseries by prohibiting the State forest nursery from selling any "forestation stock" from the State forest nursery for less than the average market price for any of the purposes enumerated in subsection c. of section 1 of the bill.

The bill also prohibits the State forest nursery from providing trees or forestation stock solely for aesthetic improvement, aesthetic screening, or any other solely aesthetic purpose.

"Forestation stock" is defined in the bill as any native tree seed, seedling, or sapling, or any hybrid or genetically altered or improved seed, seedling, or sapling that is at least in part a native tree seed, seedling, or sapling, sold either as a bare root or in a pot or tub. "Hybrid or genetically altered or improved seed, seedling, or sapling" is defined in the bill to include, but not be limited to, the pitch-lob seedling created by crossing the pitch pine and the loblolly pine.

Finally, the bill codifies the current regulation stipulating that forestation stock from the State forest nursery cannot be resold or removed from the property upon which it is planted, whether as live trees or severed from the stump, for ornamental use, or for use as Christmas trees or holiday decorations.