Amendment 1014 to House Bill 790 P.N. 0869, Regular Session 2017-2018

H0790B0869A01014 AJB:JSL 04/25/17 #90 A01014

AMENDMENTS TO HOUSE BILL NO. 790

Sponsor: REPRESENTATIVE CAUSER

Printer's No. 869

Amend Bill, page 1, lines 7 through 10, by striking out "

intended to be grown" in line 7, all of lines 8 and 9 and

"within the General Fund" in line 10

Amend Bill, page 4, line 1, by inserting after "plant" where

it occurs the second time

species or subspecies

Amend Bill, page 4, lines 6 and 7, by striking out all of

said lines

Amend Bill, page 5, lines 6 through 9, by striking out all of

said lines

Amend Bill, page 5, lines 20 through 24, by striking out all

of said lines

Amend Bill, page 5, line 26, by inserting after "period"

of time

Amend Bill, page 5, lines 28 through 30; page 6, line 1; by

striking out all of said lines on said pages

Amend Bill, page 6, lines 13 through 16, by striking out all

of said lines

Amend Bill, page 6, line 20, by striking out "section 702"

and inserting

the act of December 16, 1992 (P.L.1228, No.162), known as

the Plant Pest Act

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Amend Bill, page 10, lines 3 through 15, by striking out all

of lines 3 through 14 and "(d)" in line 15 and inserting

(c)

Amend Bill, page 10, line 30, by striking out "growing,"

Amend Bill, page 11, line 1, by striking out "or production"

Amend Bill, page 11, line 4, by striking out "The permits"

and inserting

A permit

Amend Bill, page 11, line 8, by striking out "paragraph (4)"

and inserting

subsection (d)(4)

Amend Bill, page 11, lines 10 through 15, by striking out

"The permits shall be" in line 10 and all of lines 11 through 15

and inserting

The department shall establish the criteria for a controlled

plant individual permit through the issuance of a temporary

order as specified under subsection (d)(4).

(b) Permit required.--No person may research, market,

distribute, transport, cultivate, hold, retail, wholesale,

propagate or display a noxious weed or controlled plant

without obtaining a permit from the department in accordance

with the provisions of this act.

the research,

Amend Bill, page 11, line 16, by striking out "production,

growth" and inserting

transport

Amend Bill, page 11, line 20, by striking out all of said

line and inserting

(1) General permits may be issued on a regional or

Amend Bill, page 11, lines 24 through 29, by striking out

"Where" in line 24 and all of lines 25 through 29 and inserting

(2) General permits shall be published in the

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Amend Bill, page 12, lines 1 through 4, by striking out all

of said lines and inserting

(3) An applicant seeking a general permit under this

subsection shall inform the department of the applicant's

intended use of the general permit and complete an

application for approval to operate under the general permit

requirements. The application shall include a written plan

establishing the practices and methods the applicant will

utilize in order to assure compliance with the general permit

requirements established by the department. In addition to

the written plan, the application shall state, at a minimum,

all of the information required under subsection (d)(5)(i),

(ii), (iii), (iv), (v), (vi), (vii), and (viii).

(4) Before the approval and issuance of a general

permit, the department may enter onto and inspect the land

and premises, including buildings and conveyances, that will

be utilized for the purpose of engaging in an activity

authorized by the permit regarding a controlled plant. The

inspection shall be conducted during normal business hours.

(d) Individual permits.--Individual permits may be issued

for noxious weeds and controlled plants in accordance with the

following:

(1) An individual permit may be issued for any

Amend Bill, page 12, line 6, by striking out all of said line

and inserting

(i) The controlled plant has such individual

Amend Bill, page 12, lines 8 through 10, by striking out

"govern or contain its" in line 8, all of line 9 and "through"

in line 10 and inserting

regulate

Amend Bill, page 12, line 11, by striking out all of said

line and inserting

(ii) The land or area on which the controlled

Amend Bill, page 12, line 14, by striking out "govern,

contain, control or eradicate" and inserting

regulate

Amend Bill, page 12, line 16, by striking out all of said

line and inserting

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(iii) The controlled plant is highly regulated or

Amend Bill, page 12, line 21, by striking out all of said

line and inserting

(2) In individual permit shall be issued in writing

Amend Bill, page 12, line 26, by striking out "(6)" and

inserting

(4)

Amend Bill, page 12, line 27, by striking out "(5)" and

inserting

(3)

Amend Bill, page 12, line 28, by striking out "as set forth

in paragraph (6),"

Amend Bill, page 13, line 1, by striking out "(6)" and

inserting

(4)

Amend Bill, page 13, line 9, by striking out the comma after

"restrictions" and inserting

and

Amend Bill, page 13, line 10, by striking out "and penalties"

Amend Bill, page 14, lines 2 through 5, by striking out all

of said lines and inserting

the

Amend Bill, page 14, lines 19 through 30; pages 15 through

19, lines 1 through 30; page 20, lines 1 through 3; by striking

out all of said lines on said pages and inserting

(5) A written application for an individual permit shall

meet the criteria established by the department through a

temporary order or regulation as authorized by this act and

be made on a form and a manner as prescribed by the

department. The application shall contain at least the

following:

(i) The legal name, address and daytime and evening

telephone numbers of the applicant.

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(ii) The physical location, including a detailed

plot map and description of the site to be planted or

site where the noxious weed or controlled plant will be

propagated, cultivated, stored or distributed. The

description of the location shall also include the

county, municipality and the name of each road bordering

the physical location. The plot map shall be attached to

the application and shall state the GPS coordinates

outlining the boundaries of the site and other important

landmarks.

(iii) For a seller, distributor, holder or

depository of propagation material, the name and address

and the applicable Federal or Commonwealth license or

certification number or both, where applicable.

(iv) The scientific and common names of the noxious

weed or controlled plant for which the applicant desires

an individual permit according to the United States

Department of Agriculture PLANTS Database, including

classification of species by sterile biotype, cultivar,

variety F1 parent, variety F2 parent or other name.

(v) The identity of the intended plant parts to be

used and the stage of development at planting, including

seed, rhizome and cutting.

(vi) Attestation that the plant materials have been

selected from apparently disease-free and pest-free

sources.

(vii) A description of the packaging and biosecurity

safeguards to be utilized. Plant material shall be

packaged and safeguarded sufficiently to maintain

isolation from the domestic environment during

transportation.

(viii) An attestation by the applicant stating the

applicant shall continue to comply with the permit

requirements for the duration of time the plant materials

are in the permit holder's possession and that the permit

holder understands and agrees to the following:

(A) If the permit holder intends to transfer

possession or ownership of the noxious weed or

controlled plant, the permit holder shall, before

the transfer of possession or ownership, notify

the department and assure the person to whom the

noxious weed or controlled plant will be

transferred or sold that the permit holder has

obtained the required individual permit.

(B) If the permit holder intends to stop

growing or cultivating the noxious weed or

controlled plant, the permit holder shall notify

the department and implement all measures ordered

by the department to destroy the noxious weed or

controlled plant, unless another person assumes

responsibility for the noxious weed or

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controlled plant and is issued an individual

permit.

relinquishes possession or ownership of, control

over or responsibility for the noxious weed or

controlled plant, in a manner inconsistent with

the provisions of this act, all plant material

regulated by the permit shall be destroyed in a

manner approved by the department. The original

permit holder shall continue to be responsible

for the noxious weed or controlled plant, the

cost of destruction and eradication of the

noxious weed or controlled plant and any plant

material associated with the noxious weed or

controlled plant. The original permit holder

shall continue to be subject to the penalties

imposed under this act.

(ix) The identification of the use of the

noxious weed or controlled plant to be permitted,

including ornamental landscape, agricultural crop,

feed crop, research, education, biofuel, biomass,

further sale or distribution or any other particular

use.

(x) A detailed description of the activity

authorized by the permit, including the intended size

of the area to be planted and the intended date of

planting.

(xi) Whether the noxious weed or controlled

plant will be further distributed, sold, transported,

replanted, used for seed or other purposes. If the

noxious weed or controlled plant will be further

distributed, sold, transported, replanted, used for

seed or other purposes, the permit shall include the

name and address of the person and location to which

the noxious weed or controlled plant will be

distributed, sold or transported. If sold or

distributed for further propagation, the application

shall include the information required under

subparagraphs (i) and (ii) and the name and address

of the person to which the noxious weed or controlled

plant was sold or distributed for such use.

(xii) A written contingency plan for each site

for eradication or recapture in the event of an

unauthorized escape or introduction of the noxious

weed or controlled plant.

(xiii) An attestation that the applicant shall

comply with all terms and conditions contained in the

permit.

(6) The secretary may request additional information, if

necessary, from the applicant in writing after the

application is received to evaluate the potential risk to the

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Commonwealth.

(7) An individual permit shall expire on December 31 of

each year, unless otherwise specified in the permit. An

application for renewal of an individual permit must be made

by October 1 of the year the permit expires. An application

for renewal shall describe any change to the required

information previously submitted. Failure to renew an

individual permit shall be a violation of this act.

(8) General information regarding permit compliance

shall be updated on a calendar year basis. Updated

information shall be submitted to the department no later

than January 10 of each new calendar year. Failure to submit

the required information within the time period established

under this paragraph shall be a violation of this act.

(9) Before the approval and issuance of an individual

permit, the department may enter onto and inspect the land

and premises, including buildings and conveyances, that will

be utilized for the purpose of engaging in an activity

authorized by the permit. The inspection shall be limited to

normal business hours.

Amend Bill, page 20, line 4, by striking out "(f)" and

inserting

(e)

Amend Bill, page 20, lines 5 and 6, by striking out "or is

required to hold a permit"

Amend Bill, page 20, line 30, by striking out "(g)" and

inserting

(f)

Amend Bill, page 21, line 5, by striking out "permittee" and

inserting

permit holder

Amend Bill, page 21, line 21, by striking out "conduct"

Amend Bill, page 21, line 22, by striking out "produce," and

inserting

transport, display,

Amend Bill, page 22, lines 7 through 9, by striking out all

of said lines

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Amend Bill, page 22, line 11, by striking out all of said

line and inserting

(a) General rule.--The following apply:

(1) The department may establish a noxious

Amend Bill, page 22, line 12, by striking out "noxious weed"

Amend Bill, page 22, line 15, by striking out "noxious weed"

Amend Bill, page 22, lines 17 and 18, by striking out

"noxious weed"

Amend Bill, page 22, lines 18 through 23, by striking out "

The purpose of" in line 18 and all of lines 19 through 23 and

inserting

(2) Within the noxious weed control area, the

Amend Bill, page 22, line 27, by striking out "noxious weed"

Amend Bill, page 22, line 28, by striking out "(c)" and

inserting

(b)

Amend Bill, page 22, line 30, by striking out "noxious weed"

Amend Bill, page 23, lines 1 through 6, by striking out "A"

in line 1, all of lines 2 through 5 and "(d)" in line 6 and

inserting

(c)

Amend Bill, page 23, line 7, by striking out "noxious weed"

Amend Bill, page 24, lines 3 and 4, by striking out

"requiring a person to implement treatment measures"

Amend Bill, page 24, line 25, by striking out "The" and

inserting

Amend Bill, page 27, lines 2 and 3, by striking out all of

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said lines

Amend Bill, page 27, line 23, by inserting after "may"

promulgate regulations to

Amend Bill, page 28, lines 3 through 8, by striking out all

of lines 3 through 7 and "(d)" in line 8 and inserting

(c)

Amend Bill, page 28, lines 23 through 30, by striking out all

of lines 23 through 29 and "(3)" in line 30 and inserting

(1)

Amend Bill, page 29, line 2, by striking out "(4)" and

inserting

(2)

Amend Bill, page 29, line 3, by striking out "conduct

research on" and inserting

research

Amend Bill, page 29, line 4, by striking out "produce,"

Amend Bill, page 29, line 8, by striking out "(5)" and

inserting

(3)

Amend Bill, page 29, line 10, by striking out "and" and

inserting

Amend Bill, page 29, lines 17 through 30; page 30, lines 1

through 14; by striking out all of lines 17 through 30 on page

29, all of lines 1 through 13 and "(e)" in line 14 on page 30

and inserting

(c)

Amend Bill, page 30, lines 17 through 19, by striking out "or

if access or entry" in line 17, all of line 18 and "hindered" in

line 19

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Amend Bill, page 31, lines 1 through 5, by striking out all

of lines 1 through 4 and "(4)" in line 5 and inserting

(3)

Amend Bill, page 31, lines 7 and 8, by striking out "or is

required to hold"

Amend Bill, page 31, line 8, by inserting after "individual"

permit

Amend Bill, page 31, line 15, by striking out "(f)" and

inserting

(d)

Amend Bill, page 31, lines 19 and 20, by striking out "or

required to hold"

Amend Bill, page 31, line 22, by striking out "the" and

inserting

Amend Bill, page 31, line 22, by inserting after "individual"

permit

Amend Bill, page 31, lines 22 and 23, by striking out

"permitting requirements of this act and its" and inserting

permit and any

Amend Bill, page 31, lines 26 through 30, by striking out

"The department and" in line 26, all of lines 27 through 29 and

"(g)" in line 30 and inserting

(e)

Amend Bill, page 32, line 10, by striking out "under" and

inserting

subject to

Amend Bill, page 32, line 14, by inserting after "treatment"

measure

Amend Bill, page 32, line 15, by inserting after "treatment"

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measure

Amend Bill, page 32, line 18, by striking out "under" and

inserting

subject to

Amend Bill, page 33, line 1, by striking out "reproduction"

and inserting

marketing, retail, wholesale, holding, warehousing

Amend Bill, page 33, line 5, by striking out "allowed" and

inserting

authorized

Amend Bill, page 34, line 6, by striking out the period after

"act" and inserting

in accordance with the act of July 31, 1968 (P.L.769,

No.240), referred to as the Commonwealth Documents Law, the act

of October 15, 1980 (P.L.950, No.164), known as the Commonwealth

Attorneys Act, and the act of June 25, 1982 (P.L.633, No.181),

known as the Regulatory Review Act.

Amend Bill, page 36, lines 22 and 23, by striking out "a

special nonlapsing restricted account in the General Fund, to be

known as"

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