Assembly Commerce, Economic Development and Agriculture Committee Statement to Assembly, No. 5012 (2026)

Summary

An Assembly Commerce, Economic Development and Agriculture Committee statement to Assembly, No. 5012, State of New Jersey, dated January 5, 2026, reporting the bill favorably with committee amendments. The bill adds enforcement and penalty provisions to the "Tree Experts and Tree Care Operators Licensing Act," letting the New Jersey Board of Tree Experts or the Department of Environmental Protection issue compliance orders, bring civil actions and levy penalties. The board could assess a civil administrative penalty of $1,000 per violation or $2,500 for a second or subsequent violation, and the alleged violator would have 20 days to request a hearing. The provisions would not apply to Department of Transportation employees or contractors performing their duties.

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ASSEMBLY COMMERCE, ECONOMIC DEVELOPMENT AND AGRICULTURE
COMMITTEE

STATEMENT TO

ASSEMBLY,
No. 5012

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 Assembly
Bill No. 5012.

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.

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 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, Assembly
Bill No. 5012 is identical to Senate Bill No. 3906 (1R), which was also amended
and reported by the committee on this date.

COMMITTEE AMENDMENTS :

The committee amended the bill to:

(1) remove provisions that deemed each day that a
violation of the bill occurs an additional violation of the “Tree Experts and
Tree Care Operators Licensing Act”; and

(2) 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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