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Am. Sub. S. B. No. 192 As Reported by the House Agriculture and Natural Resources CommitteeAs Reported by the House Agriculture and Natural Resources Committee
|130th General Assembly|
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
To enact section 901.50 of the Revised Code to grant
the Director of Agriculture exclusive authority to
regulate invasive plant species.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 901.50 of the Revised Code be
enacted to read as follows:
Sec. 901.50. (A) "Invasive plant species" means plant
species that are not native to this state whose introduction
causes or is likely to cause economic or environmental harm or
harm to human health as determined by scientific studies.
"Invasive plant species" does not include cultivated plants grown
as food or livestock feed in accordance with generally accepted
agricultural practices, including all plants authorized by the
animal and plant health inspection service in the United States
department of agriculture.
(B) Except as provided in division (C) of this section, the
director of agriculture has sole and exclusive authority to
regulate invasive plant species in this state, including the
identification of invasive plant species and establishment of
prohibited activities regarding them. The director may adopt rules
in accordance with Chapter 119. of the Revised Code to administer
(C) Nothing in this section precludes the director of
environmental protection from continuing to consider the existence
of invasive plant species when evaluating applications and permits
for impacts to or mitigation and monitoring of wetlands that are
subject to regulation under Chapter 6111. of the Revised Code and
rules adopted under it, including using a list of invasive plant
species compiled by that director. However, upon the taking effect
of any rules adopted by the director of agriculture under division
(B) of this section, the director of environmental protection
shall use the list of invasive plant species established in those
rules when conducting the activities described in this division.