1. (a) Any person, including any unit of state or local government, may submit to the board a proposed biosecurity or pest management plan. The proposed biosecurity or pest management plan shall include:

   1. (1) The name of the person or organization submitting the proposed biosecurity or pest management plan;
   2. (2) The organism proposed to be classified as a pest; provided that a proposed biosecurity or pest management plan may encompass a category of organisms proposed to be classified as pests;
   3. (3) A description of the organism's adverse effects;
   4. (4) A description of the region of the proposed plan or whether the proposed plan will be implemented statewide;
   5. (5) The reason for the proposed plan;
   6. (6) Objectives of the proposed plan;
   7. (7) The principal measures to achieve the objectives and alternative measures, if any;
   8. (8) An allocation of the costs, if applicable;
   9. (9) Proposed funding; and
   10. (10) Other information as required by the department.

2. (b) The board shall review the proposed plan, taking into consideration:

   1. (1) Whether the implementation of the proposed plan is likely to eradicate or effectively manage the organism proposed to be declared a pest;
   2. (2) Whether the proposed plan is inconsistent with any federal or state requirement, activity, or policy;
   3. (3) Any harmful effects of denying the proposed biosecurity or pest management plan;
   4. (4) Whether the benefits of the proposed plan would outweigh the costs; and
   5. (5) Other considerations established by the department.
3. (c) At a public hearing, the board shall approve the proposed plan, deny the proposed plan, or approve the proposed plan with modifications.
4. (d) The department may negotiate with the person who submitted the proposed plan or any other person before taking action.
5. (e) The board shall publish each proposed plan it approves and each proposed plan it approves with modifications. These shall be known as "approved plans".
6. (f) The department may enter into contracts to implement approved plans.
7. (g) A pest management plan that was previously disapproved may be resubmitted to the board upon the chairperson's determination that the proposed management plan is significantly different from the previously disapproved request.

[L 2025, c 236, pt of §34]