Senate Commerce Committee Statement to Senate, No. 3906 — State of New Jersey (February 10, 2025)

Summary

The Senate Commerce Committee of the State of New Jersey, in a statement dated February 10, 2025, reports favorably and with committee amendments Senate Bill No. 3906. As amended, the bill adds enforcement and penalty provisions to the "Tree Experts and Tree Care Operators Licensing Act," allowing the New Jersey Board of Tree Experts or the Department of Environmental Protection to order compliance, bring a civil action or levy penalties. Court relief may include an injunction, investigation costs, compensatory damages for loss of natural resources and restoration of the site. The board may assess $1,000 for each violation or $2,500 for a second or subsequent violation. The committee removed provisions that deemed each day of a violation an additional violation.

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SENATE COMMERCE COMMITTEE

STATEMENT TO

SENATE, No.
3906

with
committee amendments

STATE
OF NEW JERSEY

DATED: FEBRUARY
10, 2025

The Senate Commerce Committee reports favorably and
with committee amendments Senate Bill No. 3906.

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.

COMMITTEE AMENDMENTS :

The committee amended the bill to 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.”

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