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Here is copy of a document intended to be placed into effect here in NJ. Any thoughts would be helpful since this is pending.
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An Act concerning the Licensing of New Jersey Tree Experts, amending and supplementing P.L. 1940, c.100
Be it enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L. 1940, c.l00 (C.4S:1SC-3) is amended to read as follows:
The Legislature finds and declares that trees are an important part of New Jersey’s environment. In addition, trees provide New Jersey residents with value and benefits if healthy and sound, and well cared for trees are the result of tree experts that are qualified and properly trained in tree care services.
The Legislature further finds that there has been an increase in both people performing tree care services and also an increase in accidents and fatalities during tree care operations. In fact during the last 24 months, New Jersey has experienced 15 tree-related worker fatalities due to a lack of knowledge of safe work practices and proper tree care procedures and which then threatens public safety. Currently there are no requirements at the state level to perform tree care services even though there are recognized tree care industry standards in performance, safety and health. Additionally, due to the proliferation of certifications within the industry it has made the current tree expert certification unrecognizable and indistinguishable from those provided by tree care associations, thereby leading to consumer confusion and uncertainty.
The Legislature therefore determines that it is appropriate for the State to encourage and promote safe tree care operations and the awareness and compliance to industry standards, as well as to recognize New Jersey Licensed Tree Experts in the hope of reducing and preventing injures and fatalities to tree care workers, and as a means to protect the public from unqualified individuals engaged in tree care operations.
2. New Jersey Licensed Tree Expert -Applicability with Act:
This Act applies to all employers engaged or persons hiring themselves out in the business, trade or performance of one or more of the following tree care services including but not limited to tree pruning, removal, repair, fertilization, cabling and bracing, lighting protection, insect and disease control, consulting, root pruning, root excavation, hazard tree assessment, line clearance tree trimming, right of way vegetation management, planting and transplanting, and all other forms of general tree maintenance and care. This Act shall also apply to all tree installation and transplanting on publicly funded projects. Employers and Individuals currently not holding a license may have a grace period designated by the Board to limit the hardship of this act. Employers and individuals must petition the Board to request such a grace period.
3. Section 3 of P.L. 1940, c.100 (C.4S:15C-3) Board of Tree Experts, established
The Department of Environmental Protection shall establish a Board of Tree Experts consisting of seven members who shall be skilled in the knowledge, science and practice of tree care, and who shall have been New Jersey Licensed Tree Experts for a period of at least five years prior to their selection. Members of the Board shall hold office for a term of three years, and thereafter until their successors are appointed by the department. Vacancies shall be filled for the unexpired terms only. The Department shall make all rules and regulations necessary to carry into effect the provisions of this act.
4. All businesses engaged in the practice of arboriculture, or who otherwise provide tree care services including but not limited to the business, trade or performance of one or more of the following tree care services including but not limited to tree pruning, removal, repair, fertilization, cabling and bracing, lighting protection, insect and disease control, consulting, root pruning, root excavation, hazard tree assessment, line clearance tree trimming, right of way vegetation management, planting and transplanting, and all other forms of general tree maintenance and care, must demonstrate that at least one person in each company office or branch location who is directly responsible for the supervision of workers who will be engaged in the performance of tree care has obtained the New Jersey Tree Expert License, and remains in good standing with the Board.
5. Section 2.1 of P.L. 1940 c. 100 (C.45:15C-2.1) "New Jersey Licensed Tree Expert" defined.
"New Jersey Licensed Tree Expert" means a natural person who has satisfied the requirements of P.L. 1940, c.100 (C.45:15C-l et seq.) and who has been authorized by the Board to present himself or herself to the public as a Licensed Tree Expert in the State of New Jersey, and who the Board recognizes as a licensee in good standing. A New Jersey Licensed Tree Expert in good standing is a licensee who is current with the licensing fee, and who has signed and dated a copy of the Board’s Code of Ethics, and who can demonstrate the appropriate insurance coverage as deemed necessary by law.
6. Section 4 of P.L. 1940, c. 100 (C.4S:15C-4) is amended to read as follows: C.45: lSC-4 "New Jersey Licensed Tree Expert," qualifications.
The licensing of a “New Jersey Licensed Tree Expert” shall be granted by the Board upon application by any natural person who is (a) a citizen of the United States or has duly declared his or her intention of becoming a citizen, and (b) who is over the age of 21 years, and (c) who is of good moral character, and (d) who has graduated from a four-year college with a degree in Forestry, Arboriculture, Ornamental Horticulture, Landscape Architecture, Natural Resources, or an equivalent major field of study, or (e) who, for at least five years immediately preceding the date of application, has been continuously employed in the practice of arboriculture or a related field; or (f) who has completed two years of college and passed courses in the theory and practice of tree care including botany, plant physiology, dendrology, entomology, plant pathology and soils, or the equivalent, and has been preceding the date of his application or entry into college, and (g) who has passed the qualifications specified in this section. The Board shall issue the successful applicant a wall certificate evidencing the applicant's New Jersey Tree Expert License. The determination of the Board as to an applicant's qualifications shall constitute final agency action.
7. Section 5 of P.L. 1940, c100 (C.45;15C-5) is amended to read as follows; C.45 : l5C-5 Examination requirements.
New applicants who have never obtained a New Jersey Tree Expert License shall take an examination, unless the Board, in its discretion, waives this requirement. All examinations provided for herein shall be conducted and administered by the Board. The examinations shall take place as often as may be necessary in the opinion of the Board, but not less frequently than once each year. A candidate who has taken the examination and failed any subject or subjects thereof may be reexamined in only those specific subject areas if and only if the reexamination takes place during the next subsequent examination held by the Board, and if he or she passes in that subject or those subjects he or she shall be considered to have passed the examination. Nothing in this act shall be construed as prohibiting the reexamination in all subject areas of a candidate who has failed any subject or subjects in a prior examination and who has failed to retake the examination on the next subsequent date. Previously licensed New Jersey Tree Experts who fail to renew their license may also be required to retake the entire examination.
8. Section 9 of P.L. 1940 c. 100 (C,45:1SC-9) is amended to read as follows: C.4S:15C-9 Certification of Nonresidents.
The board may in its discretion grant a New Jersey Tree Expert License to any person who is not a resident of the State and who is the lawful holder of a substantially equivalent certification or license issued under the laws of another state which extends similar privileges to New Jersey Licensed Tree Experts of this State; provided, the requirements for certification or licensing in that State are, in the opinion of the Board, substantially equivalent to those herein provided.
9. Continuing Educational Units:
The Board may, at its discretion, require New Jersey Licensed Tree Experts to obtain and submit evidence of continuing education in the field of arboriculture or other closely related fields. Such continuing educational may be verified in the form of Continuing Education Units (CEU's) within, but not limited to, the fields of Arboriculture, Tree Care, Horticulture, Business Management, Safety, or other related fields as deemed appropriate by the Board. The purposes of these CEU's shall be to assist with and verify that New Jersey Licensed Tree Experts are keeping current on industry standards and practices. The Board shall develop criteria for approving training whether by seminar or in-house training, and will assign appropriate CEU values to such training when appropriate. The Board shall also determine the number of required continuing educational units needed by a New Jersey Licensed Tree Expert annually to maintain good standing.
10. Section 7.1 of P.L. 1940 c. 100 (C.45; l5C-7.1) Fees
All applicants for license or renewal of license under this act shall pay a fee for the issuance or renewal of said license. Fees shall be determined by the Board, and from time to time may be increased at the discretion of the Board. The revenue generated from these fees shall not exceed the operating costs incurred by the Board under this act.
11. Section 6 of P.L. 1940, c.100 (C,45:15C-6) is amended to read as follows C,45 : 15C.6 Revocation, suspension, re-issuance of New Jersey Tree Expert License.
The Board of Tree Experts, by majority vote thereof, may formally request that the Department of Environmental Protection permanently revoke or temporarily suspend the effect of a license of any New Jersey Licensed Tree Expert who has been convicted of a crime in the courts of this State, or has been found guilty of any fraud or deceit in obtaining a New Jersey Tree Expert License, or who has been found guilty of negligence or wrongful conduct in the practice of professional tree care. The Board may promulgate and may amend from time to time canons of professional ethics and may temporarily suspend for a period not exceeding two years the license of any New Jersey Licensed Tree Expert who violates that canons of professional ethics, this power of suspension being in addition to and not in limitation of the power to revoke or suspend heretofore provided in this section. Notice of and the hate of hearing of any action pursuant to this section by the Board shall be mailed to the holder of the New Jersey Tree Expert License at that person's registered address at least 20 days before the hearing, but the nonappearance of the holder of any New Jersey Tree Expert License after notice has been provided shall not prevent the hearing. By majority vote the Board may reissue the license of any New Jersey Licensed Tree Expert whose license has been revoked, and may modify the suspension of any New Jersey Tree Expert License which has been suspended.
12. Section 8 of P.L.1940c.100(C,45:15C-8)is amended to read as follows: C.45:15C-8 Violations of Act.
(A) No Employer or person shall represent himself or herself to the public as having received a New Jersey Tree Expert License as provided for in this act, or shall practice tree care or arboriculture as a New Jersey Licensed Tree Expert without having received a New Jersey Tree Expert License, and no person who, having received a New Jersey Tree Expert License and thereafter lost the same by revocation or had the License suspended as provided for in this act, shall continue to practice as a New Jersey Licensed Tree Expert, and no person shall use the title of New Jersey Licensed Tree Expert, or the abbreviation “L.T.E." or any other words, letters or abbreviations tending to indicate that the person is a New Jersey Licensed Tree Expert without having received a duly authorized License from the Board, and ensuring that such License is in good standing with the Board.
(B) No Employer shall conduct work, or allow work to be conducted under his or her supervision, which is in a manner that is not in compliance with current industry standards including but not limited to American National Standards Institute (ANSI) Z-133.1 and A-300 series and any other related standards and best management practices which shall be incorporated by reference as approved by the Board.
(C) No Employer shall fail to provide instruction and training for their employees in the proper use, inspection, and maintenance of tools and equipment provided by the employer, nor shall any employer and fail to require that safe working practices be observed in accordance with approved industry standards including ANSI Z-133.1, ANSI A-300 series and as identified by the Board.
(D) No Employer shall fail to submit to the Board and the Department, annually, training documentation and the organization's training program, including a Model Tree Safety Program Checklist as provided by the Board to all New Jersey Licensed Tree Experts.
(E) No Employer shall fail to carry and show proof of liability and property damage insurance in the form and amount required by the Board at the time the Board issues the New Jersey Tree Expert License, for the period of time that such Employer holds himself or herself out to be a New Jersey Licensed Tree Expert.
(F) No employer or individual engaged in the business, trade or performance of tree care services shall advertise, solicit, contract, or perform tree care services within the State of New Jersey at any time without a New Jersey Tree Expert License issued in accordance with the provisions of this Act. If the employer is othcr than an individual. the employer may designate to the Board and the Department an employee of the organization with the license of a licensed tree expert to be the designated licensed tree expert for that organization.
13. Enforcement of Act:
Any Employer or individual that violates any provision of this Act or any rule or regulation issued under this Act shall be subject to disciplinary action as deemed appropriate by the Board, which may include fine, suspension, revocation of license or any combination determined appropriate.
Any person who violates this section shall be subject to a fine for each occurrence not exceeding the amount of $2 000.00., or any other crime as deemed appropriate by a Court having authority and jurisdiction over the matter.
15. This act shall take effect immediately.
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An Act concerning the Licensing of New Jersey Tree Experts, amending and supplementing P.L. 1940, c.100
Be it enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L. 1940, c.l00 (C.4S:1SC-3) is amended to read as follows:
The Legislature finds and declares that trees are an important part of New Jersey’s environment. In addition, trees provide New Jersey residents with value and benefits if healthy and sound, and well cared for trees are the result of tree experts that are qualified and properly trained in tree care services.
The Legislature further finds that there has been an increase in both people performing tree care services and also an increase in accidents and fatalities during tree care operations. In fact during the last 24 months, New Jersey has experienced 15 tree-related worker fatalities due to a lack of knowledge of safe work practices and proper tree care procedures and which then threatens public safety. Currently there are no requirements at the state level to perform tree care services even though there are recognized tree care industry standards in performance, safety and health. Additionally, due to the proliferation of certifications within the industry it has made the current tree expert certification unrecognizable and indistinguishable from those provided by tree care associations, thereby leading to consumer confusion and uncertainty.
The Legislature therefore determines that it is appropriate for the State to encourage and promote safe tree care operations and the awareness and compliance to industry standards, as well as to recognize New Jersey Licensed Tree Experts in the hope of reducing and preventing injures and fatalities to tree care workers, and as a means to protect the public from unqualified individuals engaged in tree care operations.
2. New Jersey Licensed Tree Expert -Applicability with Act:
This Act applies to all employers engaged or persons hiring themselves out in the business, trade or performance of one or more of the following tree care services including but not limited to tree pruning, removal, repair, fertilization, cabling and bracing, lighting protection, insect and disease control, consulting, root pruning, root excavation, hazard tree assessment, line clearance tree trimming, right of way vegetation management, planting and transplanting, and all other forms of general tree maintenance and care. This Act shall also apply to all tree installation and transplanting on publicly funded projects. Employers and Individuals currently not holding a license may have a grace period designated by the Board to limit the hardship of this act. Employers and individuals must petition the Board to request such a grace period.
3. Section 3 of P.L. 1940, c.100 (C.4S:15C-3) Board of Tree Experts, established
The Department of Environmental Protection shall establish a Board of Tree Experts consisting of seven members who shall be skilled in the knowledge, science and practice of tree care, and who shall have been New Jersey Licensed Tree Experts for a period of at least five years prior to their selection. Members of the Board shall hold office for a term of three years, and thereafter until their successors are appointed by the department. Vacancies shall be filled for the unexpired terms only. The Department shall make all rules and regulations necessary to carry into effect the provisions of this act.
4. All businesses engaged in the practice of arboriculture, or who otherwise provide tree care services including but not limited to the business, trade or performance of one or more of the following tree care services including but not limited to tree pruning, removal, repair, fertilization, cabling and bracing, lighting protection, insect and disease control, consulting, root pruning, root excavation, hazard tree assessment, line clearance tree trimming, right of way vegetation management, planting and transplanting, and all other forms of general tree maintenance and care, must demonstrate that at least one person in each company office or branch location who is directly responsible for the supervision of workers who will be engaged in the performance of tree care has obtained the New Jersey Tree Expert License, and remains in good standing with the Board.
5. Section 2.1 of P.L. 1940 c. 100 (C.45:15C-2.1) "New Jersey Licensed Tree Expert" defined.
"New Jersey Licensed Tree Expert" means a natural person who has satisfied the requirements of P.L. 1940, c.100 (C.45:15C-l et seq.) and who has been authorized by the Board to present himself or herself to the public as a Licensed Tree Expert in the State of New Jersey, and who the Board recognizes as a licensee in good standing. A New Jersey Licensed Tree Expert in good standing is a licensee who is current with the licensing fee, and who has signed and dated a copy of the Board’s Code of Ethics, and who can demonstrate the appropriate insurance coverage as deemed necessary by law.
6. Section 4 of P.L. 1940, c. 100 (C.4S:15C-4) is amended to read as follows: C.45: lSC-4 "New Jersey Licensed Tree Expert," qualifications.
The licensing of a “New Jersey Licensed Tree Expert” shall be granted by the Board upon application by any natural person who is (a) a citizen of the United States or has duly declared his or her intention of becoming a citizen, and (b) who is over the age of 21 years, and (c) who is of good moral character, and (d) who has graduated from a four-year college with a degree in Forestry, Arboriculture, Ornamental Horticulture, Landscape Architecture, Natural Resources, or an equivalent major field of study, or (e) who, for at least five years immediately preceding the date of application, has been continuously employed in the practice of arboriculture or a related field; or (f) who has completed two years of college and passed courses in the theory and practice of tree care including botany, plant physiology, dendrology, entomology, plant pathology and soils, or the equivalent, and has been preceding the date of his application or entry into college, and (g) who has passed the qualifications specified in this section. The Board shall issue the successful applicant a wall certificate evidencing the applicant's New Jersey Tree Expert License. The determination of the Board as to an applicant's qualifications shall constitute final agency action.
7. Section 5 of P.L. 1940, c100 (C.45;15C-5) is amended to read as follows; C.45 : l5C-5 Examination requirements.
New applicants who have never obtained a New Jersey Tree Expert License shall take an examination, unless the Board, in its discretion, waives this requirement. All examinations provided for herein shall be conducted and administered by the Board. The examinations shall take place as often as may be necessary in the opinion of the Board, but not less frequently than once each year. A candidate who has taken the examination and failed any subject or subjects thereof may be reexamined in only those specific subject areas if and only if the reexamination takes place during the next subsequent examination held by the Board, and if he or she passes in that subject or those subjects he or she shall be considered to have passed the examination. Nothing in this act shall be construed as prohibiting the reexamination in all subject areas of a candidate who has failed any subject or subjects in a prior examination and who has failed to retake the examination on the next subsequent date. Previously licensed New Jersey Tree Experts who fail to renew their license may also be required to retake the entire examination.
8. Section 9 of P.L. 1940 c. 100 (C,45:1SC-9) is amended to read as follows: C.4S:15C-9 Certification of Nonresidents.
The board may in its discretion grant a New Jersey Tree Expert License to any person who is not a resident of the State and who is the lawful holder of a substantially equivalent certification or license issued under the laws of another state which extends similar privileges to New Jersey Licensed Tree Experts of this State; provided, the requirements for certification or licensing in that State are, in the opinion of the Board, substantially equivalent to those herein provided.
9. Continuing Educational Units:
The Board may, at its discretion, require New Jersey Licensed Tree Experts to obtain and submit evidence of continuing education in the field of arboriculture or other closely related fields. Such continuing educational may be verified in the form of Continuing Education Units (CEU's) within, but not limited to, the fields of Arboriculture, Tree Care, Horticulture, Business Management, Safety, or other related fields as deemed appropriate by the Board. The purposes of these CEU's shall be to assist with and verify that New Jersey Licensed Tree Experts are keeping current on industry standards and practices. The Board shall develop criteria for approving training whether by seminar or in-house training, and will assign appropriate CEU values to such training when appropriate. The Board shall also determine the number of required continuing educational units needed by a New Jersey Licensed Tree Expert annually to maintain good standing.
10. Section 7.1 of P.L. 1940 c. 100 (C.45; l5C-7.1) Fees
All applicants for license or renewal of license under this act shall pay a fee for the issuance or renewal of said license. Fees shall be determined by the Board, and from time to time may be increased at the discretion of the Board. The revenue generated from these fees shall not exceed the operating costs incurred by the Board under this act.
11. Section 6 of P.L. 1940, c.100 (C,45:15C-6) is amended to read as follows C,45 : 15C.6 Revocation, suspension, re-issuance of New Jersey Tree Expert License.
The Board of Tree Experts, by majority vote thereof, may formally request that the Department of Environmental Protection permanently revoke or temporarily suspend the effect of a license of any New Jersey Licensed Tree Expert who has been convicted of a crime in the courts of this State, or has been found guilty of any fraud or deceit in obtaining a New Jersey Tree Expert License, or who has been found guilty of negligence or wrongful conduct in the practice of professional tree care. The Board may promulgate and may amend from time to time canons of professional ethics and may temporarily suspend for a period not exceeding two years the license of any New Jersey Licensed Tree Expert who violates that canons of professional ethics, this power of suspension being in addition to and not in limitation of the power to revoke or suspend heretofore provided in this section. Notice of and the hate of hearing of any action pursuant to this section by the Board shall be mailed to the holder of the New Jersey Tree Expert License at that person's registered address at least 20 days before the hearing, but the nonappearance of the holder of any New Jersey Tree Expert License after notice has been provided shall not prevent the hearing. By majority vote the Board may reissue the license of any New Jersey Licensed Tree Expert whose license has been revoked, and may modify the suspension of any New Jersey Tree Expert License which has been suspended.
12. Section 8 of P.L.1940c.100(C,45:15C-8)is amended to read as follows: C.45:15C-8 Violations of Act.
(A) No Employer or person shall represent himself or herself to the public as having received a New Jersey Tree Expert License as provided for in this act, or shall practice tree care or arboriculture as a New Jersey Licensed Tree Expert without having received a New Jersey Tree Expert License, and no person who, having received a New Jersey Tree Expert License and thereafter lost the same by revocation or had the License suspended as provided for in this act, shall continue to practice as a New Jersey Licensed Tree Expert, and no person shall use the title of New Jersey Licensed Tree Expert, or the abbreviation “L.T.E." or any other words, letters or abbreviations tending to indicate that the person is a New Jersey Licensed Tree Expert without having received a duly authorized License from the Board, and ensuring that such License is in good standing with the Board.
(B) No Employer shall conduct work, or allow work to be conducted under his or her supervision, which is in a manner that is not in compliance with current industry standards including but not limited to American National Standards Institute (ANSI) Z-133.1 and A-300 series and any other related standards and best management practices which shall be incorporated by reference as approved by the Board.
(C) No Employer shall fail to provide instruction and training for their employees in the proper use, inspection, and maintenance of tools and equipment provided by the employer, nor shall any employer and fail to require that safe working practices be observed in accordance with approved industry standards including ANSI Z-133.1, ANSI A-300 series and as identified by the Board.
(D) No Employer shall fail to submit to the Board and the Department, annually, training documentation and the organization's training program, including a Model Tree Safety Program Checklist as provided by the Board to all New Jersey Licensed Tree Experts.
(E) No Employer shall fail to carry and show proof of liability and property damage insurance in the form and amount required by the Board at the time the Board issues the New Jersey Tree Expert License, for the period of time that such Employer holds himself or herself out to be a New Jersey Licensed Tree Expert.
(F) No employer or individual engaged in the business, trade or performance of tree care services shall advertise, solicit, contract, or perform tree care services within the State of New Jersey at any time without a New Jersey Tree Expert License issued in accordance with the provisions of this Act. If the employer is othcr than an individual. the employer may designate to the Board and the Department an employee of the organization with the license of a licensed tree expert to be the designated licensed tree expert for that organization.
13. Enforcement of Act:
Any Employer or individual that violates any provision of this Act or any rule or regulation issued under this Act shall be subject to disciplinary action as deemed appropriate by the Board, which may include fine, suspension, revocation of license or any combination determined appropriate.
Any person who violates this section shall be subject to a fine for each occurrence not exceeding the amount of $2 000.00., or any other crime as deemed appropriate by a Court having authority and jurisdiction over the matter.
15. This act shall take effect immediately.
