Burdick, Paulin, Slater, Brabenec, Walsh, Otis, Schiavoni, Woerner, Smullen, Brown K
MLTSPNSR
Add Art 17 Title 23 §§17-2301 - 17-2309, §§17-0833 & 71-1947, amd §33-0103, En Con L
Establishes the nutrient inactivant application permit to allow for the use of products used for controlling phosphorus levels in lakes or ponds to prevent and inhibit harmful algal blooms.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4514A
SPONSOR: Levenberg TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
establishing nutrient inactivant application permits
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to establish the Nutrient Inactivant
Applicator Permit.
SUMMARY OF PROVISIONS:
Section 1. A new title 23 is added to Article 17 of the Environmental
Conservation Law: SPECIAL PERMITS FOR APPLICATION OF NUTRIENT INACTI-
VANTS. Defines 'nutrient inactivant application business', 'nutrient
inactivants', 'application of nutrient inactivants', 'nutrient inacti-
vant applicator', and 'nutrient inactivant applicator permit'. Nutrient
inactivant applicator permits are issued by the Commissioner to an indi-
vidual after they filled out an application and paid a reasonable fee as
established by the department so the individual may engage in the
commercial application of nutrient inactivants. These permits are valid
for 3 years in which there must be records kept and reports furnished.
The commissioner may deny or revoke a permit, and anyone who violates
any of these provisions shall be liable and may incur a civil penalty or
up to $1,000 for the 1st violation.
Section 2. Amends Section 33-0103 of the Environmental Conservation Law
by adding a new subdivision 4 that exempts the application of nutrient
inactivants by a person holding a nutrient inactivant applicator permit.
Section 3. Adds a new section 17-0833 to the Environmental Conservation
Law stating this article shall not apply to the application of nutrient
inactivants, as such term is defined in section 17-2301 of this chapter,
by a person holding a nutrient inactivant application permit under title
twenty-three of article seventeen of this chapter so long as such nutri-
ent inactivants are being applied in compliance with such title.
Section 4. Establishes the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Slight technical wording was eliminated or added to section 33-0103,
section 17-2302 (1.), and section 17-2303 (2.).
JUSTIFICATION:
Due to human activity in the watershed, many lakes in NYS suffer from
high phosphorus levels which then cause harmful algal blooms (HABs).
These algal blooms result in the closures of beaches by the Health
Department because of a potential negative impact it can have on people
and animals.
Throughout the United States and the world, the binding of phosphorus,
known as nutrient inactivation, is done to stop fueling algal blooms.
However, unfortunately, the NYS DEC has interpreted New York's environ-
mental conservation law as prohibiting the use of nutrient inactivants,
such as aluminum sulfate (Alum) because it classifies it as a pesticide
because it kills or inhibits it growth. By reducing the excessive phos-
phorus levels that contribute to HABs, nutrient inactivants are theore-
tically inhibiting their growth and therefore the Department of Environ-
mental Conservation interprets nutrient inactivants as being pesticides
under NYS law. However, for pesticides to be used in NYS, they must be
registered as such by the U.S. Environmental Protection Agency (EPA),
but because the EPA does not recognize nutrient inactivants as pesti-
cides. Therefore, for many years the DEC has been unwilling to allow use
of nutrient inactivants in NYS.
This legislation would exclude nutrient inactivants from the definition
of pesticides in our Environmental Conservation Law so they would be
permitted under a special type of SPDES permit and be recognized as they
are by the U.S. EPA.
PRIOR LEGISLATIVE HISTORY:
A.9287-A and S.8419-A of 2023/2024
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
There are no costs to the State or Local Governments, however it is
expected the State will take in revenue from the permits that may be
paid for.
