New Jersey § 32:30-7

§ 32:30-7.

ARTICLE VI (a) Each party State pledges to each other party State that it will employ its best

efforts to eradicate, or control within the strictest practicable limits, any and

all pests. It is recognized that performance of this responsibility involves: 1. The maintenance of pest control and eradication activities of interstate significance

by a party State at a level that would be reasonable for its own protection in the

absence of this compact. 2. The meeting of emergency outbreaks or infestations of interstate significance to

no less an extent that would have been done in the absence of this compact. (b) Whenever a party State is threatened by a pest not present within its borders

but present within another party State, or whenever a party State is undertaking or

engaged in activities for the control or eradication of a pest or pests, and finds

that such activities are or would be impracticable or substantially more difficult

of success by reason of failure of another party State to cope with infestation or

threatened infestation, that State may request the governing board to authorize expenditures

from the insurance fund for eradication or control measures to be taken by one or

more of such other party States at a level sufficient to prevent, or to reduce to

the greatest practicable extent, infestation or reinfestation of the requesting State. Upon such authorization the responding State or States shall take or increase such

eradication or control measures as may be warranted. A responding State shall use moneys made available from the insurance fund expeditiously

and efficiently to assist in affording the protection requested. (c) In order to apply for expenditures from the insurance fund, a requesting State

shall submit the following in writing: 1. A detailed statement of the circumstances which occasion the request for the invoking

of the compact. 2. Evidence that the pest on account of whose eradication or control assistance is

requested constitutes a danger to an agricultural or forest crop, product, tree, shrub,

grass or other plant having a substantial value to the requesting State. 3. A statement of the extent of the present and projected program of the requesting

State and its subdivisions, including full information as to the legal authority for

the conduct of such program or programs and the expenditures being made or budgeted

therefor, in connection with the eradication, control, or prevention of introduction

of the pest concerned. 4. Proof that the expenditures being made or budgeted as detailed in item 3 do not

constitute a reduction of the effort for the control or eradication of the pest concerned

or, if there is a reduction, the reasons why the level of program detailed in item

3 constitutes a normal level of pest control activity. 5. A declaration as to whether, to the best of its knowledge and belief, the conditions

which in its view occasion the invoking of the compact in the particular instance

can be abated by a program undertaken with the aid of moneys from the insurance fund

in 1 year or less, or whether the request is for an installment in a program which

is likely to continue for a longer period of time. 6. Such other information as the governing board may require consistent with the provisions

of this compact. (d) The governing board or executive committee shall give due notice of any meeting

at which an application for assistance from the insurance fund is to be considered. Such notice shall be given to the compact administrator of each party State and

to such other officers and agencies as may be designated by the laws of the party

States. The requesting State and any other party State shall be entitled to be represented

and present evidence and argument at such meeting. (e) Upon the submission as required by paragraph (c) of this article and such other

information as it may have or acquire, and upon determining that an expenditure of

funds is within the purposes of this compact and justified thereby, the governing

board or executive committee shall authorize support of the program. The governing board or the executive committee may meet at any time or place for

the purpose of receiving and considering an application. Any and all determinations of the governing board or executive committee, with respect

to an application, together with the reasons therefor shall be recorded and subscribed

in such manner as to show and preserve the votes of the individual members thereof. (f) A requesting State which is dissatisfied with a determination of the executive

committee shall upon notice in writing given within 20 days of the determination with

which it is dissatisfied, be entitled to receive a review thereof at the next meeting

of the governing board. Determinations of the executive committee shall be reviewable only by the governing

board at one of its regular meetings, or at a special meeting held in such manner

as the governing board may authorize. (g) Responding States required to undertake or increase measures pursuant to this

compact may receive moneys from the insurance fund, either at the time or times when

such State incurs expenditures on account of such measures, or as reimbursement for

expenses incurred and chargeable to the insurance fund. The governing board shall adopt and, from time to time, may amend or revise procedures

for submission of claims upon it and for payment thereof. (h) Before authorizing the expenditure of moneys from the insurance fund pursuant

to an application of a requesting State, the insurance fund shall ascertain the extent

and nature of any timely assistance or participation which may be available from the

Federal Government and shall request the appropriate agency or agencies of the Federal

Government for such assistance and participation. (i) The insurance fund may negotiate and execute a memorandum of understanding or

other appropriate instrument defining the extent and degree of assistance or participation

between and among the insurance fund, co-operating Federal agencies, States and any

other entities concerned.