Assembly Commerce, Economic Development and Agriculture Committee Statement to Senate, No. 3906 (January 5, 2026)

Summary

A statement from the Assembly Commerce, Economic Development and Agriculture Committee on [First Reprint] Senate, No. 3906, dated January 5, 2026, reporting Senate Bill No. 3906 (1R) favorably and with committee amendments. The bill adds enforcement and penalty provisions to the "Tree Experts and Tree Care Operators Licensing Act." It authorizes a civil administrative penalty of $1,000 for each violation or $2,500 for a second or subsequent violation, gives the ordered party 20 days from receipt of the notice to request a hearing, and lets the board deny, suspend, or revoke a license or business registration. The committee amended the bill to exempt persons employed by or contracted with the New Jersey Department of Transportation. The statement says the bill is identical to Assembly Bill No. 5012.

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ASSEMBLY COMMERCE, ECONOMIC DEVELOPMENT AND
           AGRICULTURE COMMITTEE

                          STATEMENT TO

                             [First Reprint]
                        SENATE, No. 3906
                         with committee amendments



       STATE OF NEW JERSEY
                          DATED: JANUARY 5, 2026

           The Assembly Commerce, Economic Development and
      Agriculture Committee reports favorably and with committee
      amendments Senate Bill No. 3906 (1R).
           As amended, this bill revises the "Tree Experts and Tree Care
      Operators Licensing Act" to provide enforcement and penalty
      provisions. The bill provides that the New Jersey Board of Tree
      Experts or the Department of Environmental Protection, upon a
      violation of the "Tree Experts and Tree Care Operators Licensing
      Act,” may:
           (1) issue an order requiring any person in violation of the law to
      comply;
           (2) bring a civil action in accordance with the provisions of the
      bill;
           (3) levy a civil administrative penalty in accordance with the
      provisions of the bill; or
           (4) bring an action for a civil penalty in accordance with the
      provisions of the bill.
           Recourse to one remedy available under the bill will not preclude
      recourse to any of the other remedies prescribed in the bill or by any
      other applicable law.
           The bill provides that whenever the board finds a person in
      violation of any provision of the “Tree Experts and Tree Care
      Operators Licensing Act," or any rule or regulation adopted pursuant
      hereto, the board may issue an order:
           (1) specifying the provision or provisions of the law, rule,
      regulation, permit, approval, or authorization of which the person is in
      violation;
           (2) citing the action which constituted the violation;
           (3) requiring compliance with the provision or provisions violated;
           (4) denying, suspending, or revoking a license or business
      registration; and
           (5) providing notice to the person of the right to a hearing on the
      matters contained in the order.
                                    2

     The bill provides that the board or the Commissioner of
Environmental Protection is authorized to institute a civil action in the
Superior Court or municipal court for appropriate relief from any
violation of the “Tree Experts and Tree Care Operators Licensing
Act," or any rule or regulation adopted pursuant thereto. The relief
may include, singly or in combination:
     (1) a temporary or permanent injunction;
     (2) assessment of the violator for the costs of any investigation,
inspection, or monitoring survey which led to the establishment of the
violation, and for the reasonable costs of preparing and bringing the
legal action under the provisions of the bill;
     (3) assessment of the violator for any costs incurred by the State in
removing, correcting, or terminating the adverse effects resulting from
any unauthorized regulated activity for which legal action under the
provisions of the bill may have been brought;
     (4) assessment against the violator for compensatory damages for
any loss or destruction of natural resources and for any other actual
damages caused by an unauthorized regulated activity; or
     (5) a requirement that the violator restore the site of the violation
to the maximum extent practicable and feasible.
     The bill authorizes the board to assess a civil administrative
penalty of $1,000 for each violation of the “Tree Experts and Tree
Care Operators Licensing Act,” or any rule or regulation adopted
pursuant hereto, or $2,500 for a second or subsequent violation. No
assessment will be levied pursuant to the bill until after the alleged
violator has been notified by certified mail or personal service.
     The bill requires that the notice:
     (1) identify the section of the law, rule, regulation, license, or
registration violated;
     (2) recite the facts alleged to constitute a violation;
     (3) state the amount of the civil administrative penalties to be
imposed; and
     (4) affirm the rights of the alleged violator to a hearing.
     The bill provides that the ordered party will have 20 days from
receipt of the notice within which to deliver to the board a written
request for a hearing. After the hearing and upon finding that a
violation has occurred, the board may issue a final order after
assessing the amount of the fine specified in the notice. If no hearing
is requested, the notice will become a final order after the expiration of
the 20-day period. Payment of the civil administrative penalty will be
due when a final order is issued or the notice becomes a final order.
     A person who violates any provision of the “Tree Experts and Tree
Care Operators Licensing Act,” will be subject, upon order of a court,
to a civil penalty not to exceed $1,000 for a first violation and not to
exceed $2,500 for a second or subsequent violation.
     The bill repeals a separate section of “Tree Experts and Tree Care
Operators Licensing Act” that provides for the levying of fines for
                                 3

violations. The bill’s provisions would not apply to any person
employed by or contracted with the New Jersey Department of
Transportation while engaged in the actual performance of his duties
as an employee or contractor.
    As amended and reported by the committee, Senate Bill No. 3906
(1R) is identical to Assembly Bill No. 5012, which was also amended
and reported by the committee on this date.

COMMITTEE AMENDMENTS:
    The committee amended the bill to stipulate that the bill’s
provisions would not apply to any person employed by or contracted
with the New Jersey Department of Transportation while engaged in
the actual performance of the person’s duties as an employee or
contractor.


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