As Passed by the House

130th General Assembly
Regular Session
2013-2014
Am. Sub. S. B. No. 192


Senator Manning 

Cosponsors: Senators Patton, Seitz, Skindell, Hite, Peterson, Balderson, Burke, Coley, Eklund, Gardner, Lehner 

Representatives Hall, Boose, Thompson, Cera, Barborak, Burkley, Curtin, Damschroder, Hill, Landis, Lynch, Patterson, Retherford, Scherer, Anielski, Baker, Beck, Blessing, Brown, Buchy, Celebrezze, Hackett, Hayes, Johnson, McClain, McGregor, Milkovich, O'Brien, Phillips, Pillich, Ramos, Rogers, Ruhl, Slaby, Sprague, Winburn Speaker Batchelder 



A BILL
To enact section 901.50 of the Revised Code to grant 1
the Director of Agriculture exclusive authority to 2
regulate invasive plant species.3


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That section 901.50 of the Revised Code be 4
enacted to read as follows:5

       Sec. 901.50.  (A) "Invasive plant species" means plant 6
species that are not native to this state whose introduction 7
causes or is likely to cause economic or environmental harm or 8
harm to human health as determined by scientific studies. 9
"Invasive plant species" does not include cultivated plants grown 10
as food or livestock feed in accordance with generally accepted 11
agricultural practices, including all plants authorized by the 12
animal and plant health inspection service in the United States 13
department of agriculture.14

       (B) Except as provided in division (C) of this section, the 15
director of agriculture has sole and exclusive authority to 16
regulate invasive plant species in this state, including the 17
identification of invasive plant species and establishment of 18
prohibited activities regarding them. The director may adopt rules 19
in accordance with Chapter 119. of the Revised Code to administer 20
this section.21

       (C) Nothing in this section precludes the director of 22
environmental protection from continuing to consider the existence 23
of invasive plant species when evaluating applications and permits 24
for impacts to or mitigation and monitoring of wetlands that are 25
subject to regulation under Chapter 6111. of the Revised Code and 26
rules adopted under it, including using a list of invasive plant 27
species compiled by that director. However, upon the taking effect 28
of any rules adopted by the director of agriculture under division 29
(B) of this section, the director of environmental protection 30
shall use the list of invasive plant species established in those 31
rules when conducting the activities described in this division.32