The Secretary, with the advice of the Secretary of Natural Resources and the Committee, shall: On or before October 1, 2024, adopt regulations that: Establish professionally recognized assessment protocols for invasive plants that: Will serve as a basis for the regulatory approach for controlling invasive plants in the State; Consider the harm, as determined by the Secretary, that invasive plants cause in the State, including: Ecological harm; and Environmental harm; and May consider additional harm, as determined by the expert assessor, that invasive plants cause in the State, including: Economic harm; and Harm to human health; Govern administrative orders that the Secretary may issue to enforce this subtitle; and Establish a procedure for the approval required under § 9.5–302 of this subtitle for activities involving prohibited invasive plants. Subject to § 9.5–301.1 of this subtitle, on or before October 1, 2024, adopt regulations that: Establish a list of prohibited invasive plants in accordance with an assessment protocol adopted under paragraph (1) of this subsection; Establish a procedure for classification or declassification of an invasive plant as a prohibited invasive plant; Phase in the implementation of the requirements of this subtitle with consideration of the economic impact of these requirements on nurseries, landscapers, plant wholesalers, plant retailers, and any other industry; and Establish a procedure for the disposal of prohibited invasive plants. The Secretary shall classify as a prohibited invasive plant each plant identified as invasive in the National Park Service’s and U.S. Fish and Wildlife Service’s Plant Invaders of Mid–Atlantic Natural Areas if the plant is assessed as an invasive plant species in accordance with subsections (c) and (d) of this section. Nothing in this section may be construed as limiting the Secretary’s authority to classify as a prohibited invasive plant an invasive plant not identified as invasive in the National Park Service’s and U.S. Fish and Wildlife Service’s Plant Invaders of Mid–Atlantic Natural Areas. In accordance with paragraph (2) of this subsection, an expert assessor shall: Assess a nonnative plant species established in natural areas within the State; Determine the invasiveness rank of the nonnative plant species; and Notify the Committee that the nonnative plant species is assessed as an invasive plant if the invasiveness rank is high or medium; or Notify the Committee that the nonnative plant species may be placed on the Watch List if the invasiveness rank is low or insignificant. In carrying out the requirements of paragraph (1) of this subsection, an expert assessor shall follow the invasive plant species status assessment protocol that includes consideration of ecological factors and environmental factors. In accordance with paragraph (2) of this subsection, an expert assessor shall: Assess an Early Detection Rapid Response (EDRR) plant species; Determine the invasiveness rank of the EDRR plant species; and Notify the Committee that the EDRR plant species is assessed as an invasive plant if the invasiveness rank is high or medium; or Notify the Committee that the EDRR plant species may be placed on the Watch List if the invasiveness rank is low or insignificant. In carrying out the requirements of paragraph (1) of this subsection, an expert assessor shall follow: The invasive plant species status assessment protocol if: The EDRR plant species is present in at least one native species habitat in the State; and The ecological and environmental impact of the species in the State may be effectively assessed under the protocol; and An invasive plant risk assessment protocol if: The EDRR plant species is not present anywhere in the State; or The EDRR plant species is present in the State; and The ecological and environmental impact of the species in the State cannot be effectively assessed under the invasive plant species status assessment protocol. In accordance with § 9.5–205 of this title and paragraph (2) of this subsection, the Committee shall review the invasive plant species assessment conducted by an expert assessor. If the assessment is accurate and sufficient and the invasiveness rank is: High or medium, the Committee shall advise the Secretary to classify the plant as a prohibited invasive plant; or Low or insignificant, the Committee shall place the plant on the Watch List. The Secretary shall determine whether to classify a plant species as a prohibited invasive plant on reviewing the advice of the Committee.

The regulations adopted under § 9.5–301 of this subtitle shall classify as prohibited invasive plants all terrestrial plants classified by regulation before January 1, 2024, as a tier 1 invasive plant. Each terrestrial plant classified by regulation before January 1, 2024, as a tier 2 invasive plant shall be assessed in accordance with § 9.5–301 of this subtitle by December 31, 2025, and shall be: If the results of the assessment determine the plant is an invasive plant, classified as a prohibited invasive plant under the regulations adopted under § 9.5–301 of this subtitle; or If the results of the assessment determine the plant is not an invasive plant, placed on the Watch List. In addition to the prohibited invasive plants set forth in subsection (a) of this section, the Secretary may classify, by regulation, a plant species as a prohibited invasive plant in accordance with § 9.5–301 of this subtitle. The Secretary shall include on the Consolidated List of Maryland Invasive Plant Species an invasive plant classified as a prohibited invasive plant in accordance with § 9.5–301 of this subtitle and this section.

The Department and the Department of Natural Resources each shall post on its website the Consolidated List of Maryland Invasive Plant Species and the Watch List. The University of Maryland Extension shall post a link to the Consolidated List of Maryland Invasive Plant Species and the Watch List on its website. On an annual basis, the Department shall distribute the Consolidated List of Maryland Invasive Plant Species and the Watch List to licensed nurseries, plant dealers, and plant brokers.

This section does not apply to the transfer, lease, sale, or purchase of real property on which a prohibited invasive plant is located. Except as provided in paragraphs (2) and (3) of this subsection, a person may not propagate, import, transfer, sell, purchase, transport, or introduce any living part of a prohibited invasive plant in the State. A person may, in accordance with regulations adopted by the Department, conduct an activity prohibited under paragraph (1) of this subsection if: The person receives approval from the Secretary before conducting the activity; and The activity is for the purpose of: Disposing of the prohibited invasive plant; Controlling the prohibited invasive plant; Using the prohibited invasive plant for research or educational purposes; or Exporting the prohibited invasive plant out of the State. Notwithstanding paragraph (2)(i) of this subsection and subject to subparagraph (ii) of this paragraph, the State Highway Administration may conduct an activity prohibited under paragraph (1) of this subsection for the purpose of controlling or disposing of a prohibited invasive plant along State highways without prior approval of the Secretary. The State Highway Administration shall control or dispose of prohibited invasive plants along State highways under subparagraph (i) of this paragraph in a manner consistent with regulations adopted by the Department. The Department shall notify the State Highway Administration of any changes to regulations adopted by the Department that impact the control or disposal of prohibited invasive plants.

On finding a prohibited invasive plant in violation of § 9.5–302(b)(1) of this subtitle, the Secretary may: Issue a written condemnation seizure order; Mark or tag the plant in a conspicuous manner; and Provide written notice to the owner, tenant, or person in charge of the premises. On notice from the Secretary, a person shall dispose of a prohibited invasive plant in accordance with regulations adopted by the Secretary. If a prohibited invasive plant is not disposed of in accordance with paragraph (1) of this subsection, the Secretary shall: Destroy the plant; Prepare a statement of facts and a statement of the expense of destruction; and Provide copies of the statements to the Attorney General. The Attorney General shall institute the appropriate proceeding to collect the expenses due to the Secretary. A copy of the statements prepared under subsection (b)(2) of this section is sufficient evidence to prove a claim under this subsection.

The Secretary may bring an action for an injunction against a person to: Enforce this subtitle; Enforce an order of the Secretary under this subtitle; or Prevent or restrain a violation of this subtitle. In an action for an injunction brought under this section, the Secretary does not have to allege or prove that: An adequate remedy at law does not exist; or Substantial or irreparable damage would result from the continued violations. An injunction instituted under this section shall be issued without bond.

A person that violates this subtitle is subject to the penalties and fines set forth in Title 12 of this article. Instead of or in addition to any other penalty authorized under this article, the Secretary may impose a civil penalty not exceeding $500 for each violation on a person that violates: This subtitle; or Any order issued by the Secretary under this subtitle. Penalties collected by the Secretary under this subsection shall be paid into the General Fund of the State.