HB 92
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
House Bill 92 (Delegate Luedtke)
Health and Government Operations Education, Health, and Environmental Affairs
Procurement - Invasive Plant Species - Prohibition on Use of State Funds
This bill generally bars State funds from being used to purchase or plant an invasive plant
species for an outdoor project, beginning July 1, 2022. The prohibition does not apply if
the plant species is commonly used for agricultural or horticultural purposes and is being
maintained for the purposes of education or research.
Fiscal Summary
State Effect: The bill is largely procedural in nature and has no material effect on State
finances.
Local Effect: None.
Small Business Effect: Minimal.
Analysis
Current Law: Chapter 142 of 2011 required the Secretary of Agriculture to – with the
advice of a newly established Invasive Plants Advisory Committee – adopt regulations that,
among other things, establish a science-based risk assessment protocol for invasive plants
that (1) serves as a basis for creating a two-tiered regulatory approach for controlling
invasive plants in the State and (2) considers the harm that invasive plants cause in the
State, including economic, ecological, and environmental harm as well as harm to human
health.
Establishment of Lists of Tier 1 and Tier 2 Invasive Plants
Chapter 142 also required the Secretary to – with the advice of the committee – (1) establish
a list of tier 1 plants and tier 2 plants in accordance with the adopted risk assessment
protocol; (2) establish a procedure for classification or declassification of an invasive plant
as a tier 1 invasive plant or a tier 2 invasive plant; and (3) phase in the implementation of
the requirements regulating invasive plants with consideration of the economic impact of
the requirements on nurseries, landscapers, plant wholesalers, plant retailers, and any other
industry.
“Tier 1 invasive plant” includes invasive plant species that cause or are likely to cause
severe harm within the State. “Tier 2 invasive plant” includes invasive plant species that
cause or are likely to cause substantial negative impact within the State.
Regulation of Tier 1 and Tier 2 Invasive Plants
In general, a person may not propagate, import, transfer, sell, purchase, transport, or
introduce any living part of a tier 1 invasive plant in the State. However, a person may
conduct these activities, with prior approval from the Secretary, for the purpose of
disposing of, controlling, using for research or educational purposes, or exporting a plant
out of the State. These restrictions do not apply to the transfer, lease, sale, or purchase of
real property on which an invasive plant is located.
In accordance with regulations adopted by the Secretary, a person may not (1) sell or offer
for sale at a retail outlet a tier 2 invasive plant unless the retail outlet posts, in a conspicuous
manner in proximity to all tier 2 plant displays, a sign identifying the plants as tier 2 plants
or (2) provide landscaping services to plant or supply for planting a tier 2 invasive plant
unless the person provides to the customer a list of tier 2 invasive plants.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Maryland Department of Agriculture; Department of General
Services; Department of Natural Resources; Board of Public Works; Department of
Legislative Services
HB 92/ Page 2
Fiscal Note History: First Reader - January 27, 2021
rh/ljm Third Reader - March 29, 2021
Revised - Amendment(s) - March 29, 2021
Analysis by: Michael C. Rubenstein Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 92/ Page 3


Statutes affected:
Text - First - Procurement - Invasive and Nonnative Plant Species - Prohibition on Use of State Funds: 14-417 State Finance and Procurement
Text - Third - Procurement - Invasive Plant Species - Prohibition on Use of State Funds: 14-417 State Finance and Procurement