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.