ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: NREW DP 10-0-0-0

HB 2034: noxious weeds; government projects

Sponsor: Representative Griffin, LD 14

House Engrossed

Overview

Allows the state, a political subdivision or any governmental entity to remove noxious weeds during maintenance operations and capital projects and forbids these entities from using these weeds in landscaping.

History

Statute defines noxious weeds as any plant species that is, or could be, harmful or destructive and difficult to control or eradicate (A.R.S. § 3-201(4)). These plants are categorized in Arizona Administrative Code (A.A.C.) as:

· Class A noxious weeds, which are nonexistent or limited in Arizona and are a high priority pest for quarantine, control or mitigation;

· Class B noxious weeds, which are limited in Arizona and possibly a high priority pest for quarantine, control or mitigation if they could pose a significant threat to crops, commodities or habitats; and

· Class C noxious weeds, which are widespread but may be recommended for active control based on risk assessments (A.A.C. R3-4-245(A)).

For example, Russian Olive trees are Class B noxious weeds and Salt Cedar trees are Class C noxious weeds.

Noxious weeds can also include any species that the Arizona Department of Agriculture determines as such after an investigation and hearing (A.R.S. § 3-201(4)).

Noxious weeds, or any commodity infested or contaminated with these weeds, cannot be admitted into Arizona without the Arizona Department of Agriculture's approval. Additionally, this agency can quarantine and abate an area infested with Class A or B noxious weeds if these plants pose an imminent threat to agriculture or horticulture (A.A.C. R3-4-245(B)).

Provisions

1. Authorizes the state, a political subdivision or state agency and any other governmental entity to remove noxious weeds, including Russian Olive and Salt Cedar trees, as part of routine maintenance operations and capital projects. (Sec. 1)

2. Prohibits these entities from using noxious weeds, including Russian Olive and Salt Cedar trees, in landscaping. (Sec.1)

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6. HB 2034

7. Initials PAB/AG Page 0 House Engrossed

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