Bill Sponsors
Boylan, Bennett, Kislak, Santucci, McGaw, Carson, Speakman, Spears, Donovan, and Cortvriend
Committee
House Environment and Natural Resources
Summary
Select
This legislation bans the importation, transportation, sale, or purchase of non-native invasive plants in Rhode Island. This prohibition applies to both terrestrial (land-based) and freshwater aquatic plants. The specific plant species classified as "invasive" will be defined by the state director through new regulations. The director is also required to maintain a combined list of all prohibited terrestrial and aquatic plants. Individuals or businesses found violating these rules face a fine of up to $500 per violation.
Analysis
Pros for Progressives
- Protects local ecosystems and biodiversity by preventing the spread of harmful non-native species that can destabilize the environment.
- Empowers state regulators to take scientific action against environmental threats rather than relying on slow-moving legislative updates for specific species.
- Prioritizes long-term ecological health and community welfare over the short-term commercial interests of selling exotic plants.
Cons for Progressives
- The $500 fine could disproportionately impact low-income individuals or small hobby gardeners who may not be aware of specific regulations.
- Relies heavily on enforcement mechanisms that could lead to increased policing of personal property and gardens.
- Delegating the definition of "invasive" entirely to a director without specific public oversight committees could lead to a lack of transparency in the selection process.
Pros for Conservatives
- Protects native resources, agriculture, and waterways which are vital for traditional activities like fishing, hunting, and farming.
- Establishes clear rule of law regarding what can be transported into the state, protecting property owners from neighboring infestations.
- Delays enforcement until rules are explicitly published, ensuring citizens have notice before penalties are applied.
Cons for Conservatives
- Grants broad authority to an unelected bureaucrat (the Director) to determine what products can be bought and sold, bypassing the legislature.
- Imposes new regulations and fines on businesses (nurseries) and private citizens, restricting free commerce and property rights.
- Creates a mechanism for the government to potentially expand the list of prohibited items indefinitely without passing new laws.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Landscapers
- Nurseries and Garden Centers
- Gardeners
- Boat Owners
- Farmers
Towns Affected
All
Cost to Taxpayers
None
Revenue Generated
Amount unknown
BillBuddy Impact Ratings
Importance
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
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Enforcement Provisions
Measures enforcement provisions and penalties for non-compliance (if applicable).
Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/14/2026 Introduced, referred to House Environment and Natural Resources
Bill Text
SECTION 1. Chapter 2-15 of the General Laws entitled "Protection of Trees and Plants Generally" is hereby amended by adding thereto the following section:
2-15-5.1. Terrestrial invasive plants — Prohibition on importation.
(a) No person shall import, transport, disperse, distribute, introduce, sell, or purchase, in the state any species of non-native (exotic) invasive plants, as defined by the director. The director shall promulgate rules and regulations governing the prohibition and its applicability. The prohibition and its enforcement shall not become effective until the rules and regulations governing the prohibition and its applicability take effect.
(b) Violations of this section shall be punishable by a fine of not more than five hundred dollars ($500).
(c) The director shall maintain a listing of all prohibited plants pursuant to this section together with a listing of all prohibited aquatic plants pursuant to § 20-1-26.
SECTION 2. Section 20-1-26 of the General Laws in Chapter 20-1 entitled "General Provisions" is hereby amended to read as follows:
20-1-26. Freshwater invasive aquatic plants — Prohibition on importation and possession.
(a) No person shall import, transport, disperse, distribute, introduce, sell, purchase, or possess in the state any species of non-native (exotic) freshwater invasive aquatic plants, as defined by the director. The director shall promulgate rules and regulations governing the prohibition and its applicability. The prohibition and its enforcement shall not become effective until the rules and regulations governing the prohibition and its applicability take effect.
(b) Violations of this section shall be punishable by a fine of not more than five hundred dollars ($500).
(c) The director shall maintain a listing of all prohibited plants pursuant to this section together with a listing of all prohibited terrestrial plants pursuant to § 2-15-5.1.
SECTION 3. This act shall take effect on January 1, 2027.
2-15-5.1. Terrestrial invasive plants — Prohibition on importation.
(a) No person shall import, transport, disperse, distribute, introduce, sell, or purchase, in the state any species of non-native (exotic) invasive plants, as defined by the director. The director shall promulgate rules and regulations governing the prohibition and its applicability. The prohibition and its enforcement shall not become effective until the rules and regulations governing the prohibition and its applicability take effect.
(b) Violations of this section shall be punishable by a fine of not more than five hundred dollars ($500).
(c) The director shall maintain a listing of all prohibited plants pursuant to this section together with a listing of all prohibited aquatic plants pursuant to § 20-1-26.
SECTION 2. Section 20-1-26 of the General Laws in Chapter 20-1 entitled "General Provisions" is hereby amended to read as follows:
20-1-26. Freshwater invasive aquatic plants — Prohibition on importation and possession.
(a) No person shall import, transport, disperse, distribute, introduce, sell, purchase, or possess in the state any species of non-native (exotic) freshwater invasive aquatic plants, as defined by the director. The director shall promulgate rules and regulations governing the prohibition and its applicability. The prohibition and its enforcement shall not become effective until the rules and regulations governing the prohibition and its applicability take effect.
(b) Violations of this section shall be punishable by a fine of not more than five hundred dollars ($500).
(c) The director shall maintain a listing of all prohibited plants pursuant to this section together with a listing of all prohibited terrestrial plants pursuant to § 2-15-5.1.
SECTION 3. This act shall take effect on January 1, 2027.
