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.