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S2352AAgriculture

Agriculture and Forestry - Protection of Trees and Plants Generally - Rhode Island Invasive Plant Management Act

This bill prohibits the importation, sale, and distribution of non-native invasive terrestrial and freshwater aquatic plants in Rhode Island.

Introduced61 Yea7 Nay7 Not voting
Population
Affected
35
Email Legislator
Introduced Jan 30, 2026Committee Senate Environment & Agriculture

Plain-English Summary

This bill prohibits anyone from importing, distributing, selling, or possessing non-native invasive plants in Rhode Island. This restriction applies to both land-based (terrestrial) plants and freshwater aquatic plants. The director of the relevant state department is tasked with creating the specific rules and maintaining a public list of these prohibited plants. Anyone caught violating this law can be punished with a fine of up to $500. The rules and enforcement will not begin until the department officially finalizes its regulations.

For younger readers

This bill makes it against the law to bring certain types of outside plants into Rhode Island or sell them here. These are called "invasive" plants because they don't naturally grow here and can take over areas where local plants live, hurting the environment. This rule applies to plants that grow on land and plants that grow in freshwater, like lakes or ponds. The state will keep a list of the banned plants. If someone breaks this rule, they might have to pay a fine of up to $500.

Who & Where It Applies

Impacted groups
Nurseries and plant sellersLandscapers and gardenersAquarium hobbyists and pet storesFarmers and agricultural workersBoaters and fishers
Impacted communities
All

Constitutional & Fiscal Check

None Likely. The regulation of invasive species falls well within the state's police powers to protect local ecosystems, public lands, and agriculture. The bill does not appear to infringe upon free speech, due process, or protection from unreasonable searches and seizures.

Estimated cost
None
Estimated revenue
$500/fine

Bill Analysis

Both viewpoints
For Progressives
  • Protects local ecosystems, biodiversity, and public lands from the environmental degradation caused by invasive plant species, promoting the overall welfare of the community.
  • Regulates commercial nurseries and corporate agricultural suppliers, preventing them from prioritizing profits over environmental health by selling harmful exotic plants.
  • Addresses environmental issues through a civil fine rather than introducing harsh criminal penalties or jail time, avoiding the expansion of the carceral system.
  • The flat fine of up to $500 is regressive and could disproportionately harm low-income individuals who might unknowingly possess or transport these plants.
  • Relies solely on punitive measures (fines) rather than providing state-funded public services, community education programs, or financial assistance for ecological removal.
  • Enforcement of possession and transportation bans could lead to over-policing and unequal application of the law against marginalized groups or subsistence farmers.
For Conservatives
  • Protects local agriculture, farming industries, and private land values from the costly physical and economic damage caused by the spread of invasive species.
  • Caps the penalty at a reasonable $500 fine, avoiding excessive government overreach or the creation of severe criminal felonies for minor infractions.
  • Delegates the specific listing of plants to a director with expertise, ensuring that bans are targeted and scientifically based rather than implementing a blanket ban on all non-native agriculture.
  • Imposes new regulatory burdens on private businesses, such as nurseries and landscapers, restricting their free market ability to import and sell certain goods.
  • Expands the administrative state by granting an unelected department director the authority to unilaterally define, list, and regulate which plants are illegal.
  • Infringes on personal freedom and private property rights by penalizing individuals for simply possessing or purchasing certain plants on their own land.

Votes

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Full Bill Text

2 versions
Changes to existing Rhode Island law · 14 additions

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, disperse, distribute, introduce, or sell, 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.