6. a. The New Jersey Invasive Species Council shall make recommendations to the Commissioner of Environmental Protection and the Secretary of Agriculture regarding invasive species. When determining whether a species should be designated as invasive, the council shall first classify the species as native or non-native. For any non-native species, the council shall next determine whether the species should be listed as an invasive species because it causes, or may cause, economic or environmental harm or harm to human health or threatens, or may threaten, natural resources or the use of natural resources in the State. When making its determination, the council shall consider:
(1) the likelihood of introduction of the species if it is allowed to enter or exist in the State;
(2) the likelihood that the species would naturalize in the State if it were introduced;
(3) the magnitude of potential adverse impacts of the species on native species and the natural resources of the State; and
(4) the ability to eradicate or control the spread of the species once it is introduced in the State.
b. Each time the council recommends that a species be designated as an invasive species, it shall provide the Commissioner of Environmental Protection and the Secretary of Agriculture with:
(1) an identification of the genus and species, including subspecies, cultivars, hybrids, or relevant genotypes;
(2) the threat level based on the current population of the species as: (a) potential; (b) emerging; or (c) established;
(3) an identification of any sterile cultivars or varieties of the species that should be considered as exceptions;
(4) a determination of whether the species should be designated as a prohibited invasive species pursuant to section 4 of this act; and
(5) for plant species recommended for prohibited designation, identify any conditions under which the council recommends that the department grant a conditional use waiver.
c. The council shall also:
(1) recommend measures necessary for State departments and agencies, and for non-governmental organizations, to cooperate with federal agencies and other states in complying with Federal Executive Order No. 13112 and the National Invasive Species Management Plan;
(2) identify research needs to better assess the sources, degree, distribution, and threat posed by invasive species, and methods for preventing the introduction and control of invasive species;
(3) review ongoing invasive species control efforts being carried out by State departments and agencies and recommend new or revised measures to limit the introduction and effectuate the control of invasive species;
(4) produce or identify educational programs and materials, for public distribution, identifying the threats posed by invasive species, outlining measures to prevent the introduction of invasive species and to control invasive species in the State, and encouraging the use of local native genotypes or alternative species, including drought-tolerant native plants, preferably propagated in New Jersey, in landscaping and planting activities;
(5) develop partnerships with federal, state, and local government agencies, institutions of primary, secondary, and higher education, and non-profit and other private organizations, including horticultural organizations, as necessary to implement the policies and recommendations of the council;
(6) identify and use sources of funding that are available to support the council's research, monitoring, and control recommendations, relevant youth and community outreach programs, and other council operations and activities;
(7) identify legislative or regulatory actions necessary to implement or further the policies and recommendations of the council;
(8) make recommendations to the departments regarding the implementation of this act;
(9) review applications to the department for a conditional use waiver and make a recommendation to the department regarding authorization. Whenever the council reviews a conditional use waiver request submitted to the department, the council shall consider, at a minimum, the economic impact of the prohibition on the nursery industry, and the ecological importance of continued prohibition; and
(10) examine and revise the 2009 New Jersey Strategic Management Plan for Invasive Species, prepared pursuant to Executive Order No. 97 of 2004, and submit the revised plan to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, no later than two years after the first meeting of the council held pursuant to this act, and re-examine, and revise accordingly, the plan every 10 years thereafter.