§9.5–301.

    (a)    The Secretary, with the advice of the Committee, shall:

        (1)    On or before October 1, 2012, adopt regulations that:

            (i)    Establish a science–based risk assessment protocol for invasive plants that:

                1.    Will serve as a basis for creating a two–tiered regulatory approach for controlling invasive plants in the State; and

                2.    Considers the harm, as determined by the Secretary, that invasive plants cause in the State, including:

                A.    Economic harm;

                B.    Ecological harm;

                C.    Environmental harm; and

                D.    Harm to human health;

            (ii)    Govern administrative orders that the Secretary may issue to enforce this subtitle; and

            (iii)    Establish a procedure for the approval required under § 9.5–302 of this subtitle for activities involving tier 1 invasive plants.

        (2)    On or before October 1, 2013, adopt regulations that:

            (i)    Establish a list of tier 1 plants and tier 2 plants in accordance with the risk assessment protocol adopted under paragraph (1) of this subsection;

            (ii)    Establish a procedure for classification or declassification of an invasive plant as a tier 1 invasive plant or a tier 2 invasive plant;

            (iii)    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;

            (iv)    Establish a procedure for the disposal of tier 1 plants;

            (v)    Designate the format, size, and content of the sign required under § 9.5–302(b)(1) of this subtitle; and

            (vi)    Provide for the distribution of a list of tier 2 invasive plants to licensed nurseries, plant dealers, and plant brokers on an annual basis.

    (b)    (1)    The Secretary shall classify as a tier 1 invasive plant or a tier 2 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.

        (2)    Nothing in this section may be construed as limiting the Secretary’s authority to classify as a tier 1 invasive plant or a tier 2 invasive plant plants 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.