Bill Text: NY A05670 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the application of lawn fertilizers that are labeled as containing more than zero percent phosphorous to any watersheds and drainage basins in certain counties where the county legislature has passed a local law relating thereto.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-03-02 - print number 5670a [A05670 Detail]

Download: New_York-2011-A05670-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3554                                                  A. 5670
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   February 25, 2011
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Environmental
         Conservation
       IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
         to the Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation  to  the
         application of lawn fertilizer to watersheds and drainage basins
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 33-1006 to read as follows:
    3  S 33-1006. APPLICATION  OF  LAWN  FERTILIZER  TO  WATERSHEDS OR DRAINAGE
    4               BASINS IN CERTAIN COUNTIES.
    5    1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
    6  FOLLOWING MEANINGS:
    7    A.  "AGRICULTURE  USES"  MEANS  BEEKEEPING,  DAIRYING, EGG PRODUCTION,
    8  FLORICULTURE, FISH OR FUR FARMING, FOREST AND GAME MANAGEMENT;  GRAZING;
    9  LIVESTOCK  RAISING;  ORCHARDS;  PLANT GREENHOUSES AND NURSERIES; POULTRY
   10  RAISING; RAISING OF GRAIN,  GRASS,  MINT  AND  SEED  CROPS;  RAISING  OF
   11  FRUITS, NUTS, BERRIES, SOD FARMING AND VEGETABLE RAISING.
   12    B. "LAWN FERTILIZER" MEANS ANY FERTILIZER, WHETHER APPLIED BY PROPERTY
   13  OWNER,  RENTER  OR  COMMERCIAL ENTITY, INTENDED FOR NONAGRICULTURAL USE,
   14  SUCH AS FOR LAWNS, GOLF COURSES, PARKS AND CEMETERIES.  LAWN  FERTILIZER
   15  DOES  NOT  INCLUDE  FERTILIZER PRODUCTS INTENDED PRIMARILY FOR GARDEN OR
   16  INDOOR USE.
   17    2. A. EFFECTIVE MARCH FIRST, TWO  THOUSAND  THIRTEEN,  IN  ANY  COUNTY
   18  WHERE  THE  COUNTY  LEGISLATURE HAS ADOPTED A LOCAL LAW, NO PERSON SHALL
   19  APPLY ANY LAWN FERTILIZER WITHIN ANY WATERSHED OR DRAINAGE BASIN THAT IS
   20  LABELED AS CONTAINING MORE  THAN  ZERO  PERCENT  PHOSPHORUS,  EXCEPT  AS
   21  PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03850-01-1
       S. 3554                             2                            A. 5670
    1    B. IN SUCH COUNTY, NO LAWN FERTILIZER SHALL BE APPLIED WHEN THE GROUND
    2  IS FROZEN.
    3    C. IN SUCH COUNTY, NO PERSON SHALL APPLY LAWN FERTILIZER TO ANY IMPER-
    4  VIOUS  SURFACE  INCLUDING PARKING LOTS, ROADWAYS, AND SIDEWALKS. IF SUCH
    5  APPLICATION OCCURS, THE FERTILIZER SHALL  BE  IMMEDIATELY  REMOVED  FROM
    6  SUCH  SURFACES AND EITHER LEGALLY APPLIED TO TURF OR PLACED IN AN APPRO-
    7  PRIATE CONTAINER.
    8    3. THE RESTRICTIONS UPON THE USE OF LAWN FERTILIZER UNDER  SUBDIVISION
    9  TWO OF THIS SECTION SHALL NOT APPLY TO:
   10    A.  NEWLY  ESTABLISHED  TURF  OR LAWN AREAS DURING THEIR FIRST GROWING
   11  SEASON.
   12    B. TURF OR LAWN AREAS THAT SOIL TESTS, PERFORMED WITHIN THE PAST THREE
   13  YEARS BY A STATE CERTIFIED SOIL TESTING LABORATORY OR OTHER QUALIFIED OR
   14  RECOGNIZED AUTHORITY IN THE AREA OF SOIL  ANALYSIS,  CONFIRM  ARE  BELOW
   15  PHOSPHORUS  LEVELS ESTABLISHED BY THE CORNELL COOPERATIVE EXTENSION. THE
   16  LAWN FERTILIZER APPLICATION SHALL NOT CONTAIN AN  AMOUNT  OF  PHOSPHORUS
   17  EXCEEDING  THE  AMOUNT  AND  RATE OF APPLICATION RECOMMENDED IN THE SOIL
   18  TEST EVALUATION.
   19    C. AGRICULTURAL USES, VEGETABLE AND FLOWER GARDENS, OR APPLICATION  TO
   20  TREES OR SHRUBS.
   21    D.  YARD WASTE COMPOST, BIO-SOLIDS OR OTHER SIMILAR MATERIALS THAT ARE
   22  PRIMARILY ORGANIC IN NATURE AND ARE  APPLIED  TO  IMPROVE  THE  PHYSICAL
   23  CONDITION OF THE SOIL.
   24    4.  EFFECTIVE  MARCH FIRST, TWO THOUSAND THIRTEEN, ALL VENDORS OF LAWN
   25  FERTILIZER WITHIN ANY SUCH COUNTY SHALL DISPLAY A MAP  OF  THE  AFFECTED
   26  WATERSHED  OR  DRAINAGE  BASIN  AND A SIGN CONTAINING THE PROVISIONS SET
   27  FORTH IN THIS SECTION AND THE EFFECTS OF PHOSPHORUS ON SUCH WATERSHED OR
   28  DRAINAGE BASIN. ALL VENDORS SHALL OFFER FERTILIZER THAT  IS  LABELED  AS
   29  CONTAINING 0% PHOSPHORUS.
   30    S  2.  Subdivision 1 of section 71-2907 of the environmental conserva-
   31  tion law is amended by adding a new undesignated paragraph  to  read  as
   32  follows:
   33    NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON
   34  WHO  VIOLATES  SUBDIVISION TWO OF SECTION 33-1006 OF THIS CHAPTER IN THE
   35  APPLICATION OF LAWN FERTILIZER AT HIS OR HER RESIDENCE SHALL BE  SUBJECT
   36  TO  A CIVIL INFRACTION PENALTY OF ONE HUNDRED DOLLARS PER VIOLATION. ANY
   37  COMMERCIAL FERTILIZER APPLICATOR, RESIDENTIAL OR  COMMERCIAL  DEVELOPER,
   38  INDUSTRIAL  OR COMMERCIAL OWNER, AND ANY PERSON WHO VIOLATES SUBDIVISION
   39  TWO OF SECTION 33-1006 OF THIS CHAPTER  SHALL  BE  SUBJECT  TO  A  CIVIL
   40  INFRACTION PENALTY OF TWO HUNDRED DOLLARS FOR THE FIRST VIOLATION WITHIN
   41  A  TWELVE  MONTH  PERIOD;  THREE  HUNDRED  FIVE  DOLLARS  FOR THE SECOND
   42  VIOLATION WITHIN A TWELVE MONTH PERIOD; AND FIVE HUNDRED DOLLARS FOR THE
   43  THIRD AND EACH SUBSEQUENT VIOLATION WITHIN A TWELVE MONTH PERIOD.
   44    S 3. This act shall take effect immediately.