Bill Text: NY S09099 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the sale or use of nitrogen fertilizer; prohibits the sale or use of fertilizer in Nassau or Suffolk counties other than low nitrogen fertilizer; requires the department of environmental conservation to report to the governor and legislature regarding expanding the prohibition to other areas of the state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-06-16 - REFERRED TO RULES [S09099 Detail]
Download: New_York-2017-S09099-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9099 IN SENATE June 16, 2018 ___________ Introduced by Sen. HANNON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the environmental conservation law, in relation to the sale or use of nitrogen fertilizer 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 17-2104 to read as follows: 3 § 17-2104. Sale or use of nitrogen fertilizer restricted. 4 1. For the purposes of this section, "low nitrogen fertilizer" shall 5 mean fertilizer which conforms to standards recommended by the Long 6 Island nitrogen action plan and adopted by the commissioner in regu- 7 lation; provided that such standards shall, at a minimum, provide that 8 low nitrogen fertilizer contain: 9 (a) not more than twenty percent nitrogen by weight, of which at least 10 thirty percent must be water insoluble nitrogen, commonly referred to as 11 slow release nitrogen, by December 31, 2020; and 12 (b) not more than sixteen percent nitrogen by weight, of which at 13 least forty percent must be water insoluble nitrogen, commonly referred 14 to as slow release nitrogen, by December 31, 2022; and 15 (c) not more than twelve percent nitrogen by weight, of which at least 16 fifty percent must be water insoluble nitrogen, commonly referred to as 17 slow release nitrogen by December 31, 2024. 18 2. No person shall apply or authorize any person by way of service 19 contract or other arrangement to apply in Nassau or Suffolk county any 20 fertilizer on lawn or non-agricultural turf, other than low nitrogen 21 fertilizer and in no instance shall such person apply or authorize to be 22 applied any fertilizer in an amount which exceeds the application rate 23 of 0.7 pounds per thousand square feet of total nitrogen in any single 24 application. Further, no person shall apply any fertilizer to: 25 (a) lawn or non-agricultural turf between November 15 and April 1st 26 annually; 27 (b) any frozen or saturated turf; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16331-01-8S. 9099 2 1 (c) any lawn or non-agricultural turf on any real property within ten 2 feet of any surface water except that, where a spreader guard, deflector 3 shield or drop spreader is used to apply fertilizer, such application 4 may not occur within three feet of any surface water. 5 3. Beginning December 31, 2020, retailers in Nassau and Suffolk county 6 shall sell or offer for sale only low nitrogen fertilizer pursuant to 7 the standards set forth in subdivision 1 of this section. 8 4. Golf courses shall be exempt from the fertilizer requirements 9 contained in this section. The commissioner shall issue, within one year 10 of the effective date of this section, best management practices that 11 consider water quality concerns specific to Long Island's geological and 12 ecological features. Golf courses shall follow such best management 13 practices to the extent practicable within six months of the issuance of 14 such best management practices. 15 5. Nothing in this section shall impair or supersede the authority of 16 the commissioner of agriculture and markets pursuant to articles 10 and 17 25-AA of the agriculture and markets law. 18 § 2. No later than June 1, 2020, the department of environmental 19 conservation shall prepare a report to the governor and legislature 20 regarding implementation of best management practices for lawn and non- 21 agricultural turf to homeowners and professionals that address nutrient 22 management and environmental protection, established under section 23 17-2104 of the environmental conservation law as added by this act and 24 regarding expansion of the prohibition on the sale and use of high 25 nitrogen fertilizer in other areas of the state. 26 § 3. This act shall take effect immediately, provided, however, that 27 persons may continue to use non-conforming nitrogen fertilizer on lawn 28 and non-agricultural turf after April 1, 2021 if such fertilizer was 29 purchased prior to such effective date.