Bill Summaries: S 318 NATIVE PLANTS ACT.

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  • Summary date: Apr 26 2023 - View Summary

    Senate committee substitute to the 1st edition makes the following changes.

    Removes a whereas clause.

    Amends proposed changes to GS 143-341 which required the Department of Administration, in consultation with university system and community college horticulture programs and the North Carolina Forestry Association, to use seeds and plants classified as native to the State on all land owned or leased by the State or a State agency.

    Enacts new GS 143B-135.59 requiring the Department of Natural and Cultural Resources, in consultation with university system and community college horticulture programs and the North Carolina Forestry Association, to require the use of seeds and plants the US Department of Agriculture has classified as native to a state or county in the Southeastern US with a strong preference for plants the US Department of Agriculture has classified as native to North Carolina, on all lands that are part of the State Parks System. Exempts: (1) nonnative seeds and plants used in landscaping for locations where the primary purpose is crop cultivation, crop and horticulture research, science, botanical gardens, plantings for wildlife by the Wildlife Resources Commission, and zoos and (2) nonnative turf grass. Defines the Southeastern US as Alabama, Georgia, North Carolina, South Carolina, Tennessee, Virginia, and the following counties in Florida: Bay, Calhoun, Escambia, Gulf, Holmes, Jackson, Okaloosa, Santa Rosa, Walton, and Washington.

    Further amends GS 136-18(9) to now require the Department of Transportation to use seeds and plants the US Department of Agriculture has classified as native to a state or county in the Southeastern US with a strong preference for plants the US Department of Agriculture has classified as native to North Carolina, (was, use seeds and plants classified as native to the State) in the highway right-of-way in the promotion of erosion control, landscaping, and general protection of the highways. Adds to the exceptions to allow DOT to use nonnative plants for soil and slope stabilization, and to use nonnative turf grasses. 

    Deletes proposed changes to GS 136-41.3 that required cities and towns to use seeds and plants classified as native to North Carolina when the use of Powell Bill funds includes landscaping. Deletes the proposed changes to GS 143B-135.56 that required the NC Parks and Recreation Authority to require projects awarded matching funds from the Parks and Recreation Trust Fund for local park and recreation purposes, to use seeds and plants classified as native to the State. 

    Changes the act's long title.


  • Summary date: Mar 15 2023 - View Summary

    Includes whereas clauses.

    Amends GS 143-341 to require the Department of Administration, in consultation with university system and community college horticulture programs and the North Carolina Forestry Association, to use seeds and plants classified as native to the State on all land owned or leased by the State or a State agency. Exempts (1) nonnative seeds and plants used in landscaping for locations where the primary purpose is crop cultivation, crop and horticulture research, science, botanical gardens, plantings for wildlife by the Wildlife Resources Commission, and zoos and (2) nonnative turf grass.

    Amends GS 136-18 to require the Department of Transportation, in consultation with university system and community college horticulture programs and the North Carolina Forestry Association, to use seeds and plants classified as native to the State in highway rights-of-way. Makes an exception for nonnative grasses and seeds for soil and slope stabilization. Makes conforming deletions.

    Amends GS 136-41.3 to require cities and towns to use (was, to strongly prefer) seeds and plants classified as native to North Carolina when the use of Powell Bill funds includes landscaping.

    Amends GS 143B-135.56 to require the NC Parks and Recreation Authority to require projects awarded matching funds from the Parks and Recreation Trust Fund for local park and recreation purposes, to use seeds and plants classified as native to the State. Exempts (1) nonnative seeds and plants used in landscaping for locations where the primary purpose is crop cultivation, crop and horticulture research, science, botanical gardens, and zoos and (2) nonnative turf grass.