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.
STATE OF NEW YORK
________________________________________________________________________
8170
IN SENATE
April 13, 2018
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
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 containing not more than twelve percent nitrogen by
6 weight, of which at least half must be water insoluble nitrogen, common-
7 ly referred to as slow release nitrogen.
8 2. No person shall apply or authorize any person by way of service
9 contract or other arrangement to apply in Nassau or Suffolk county any
10 fertilizer on lawn or non-agricultural turf, other than low nitrogen
11 fertilizer.
12 3. Beginning December thirty-first, two thousand nineteen, retailers
13 in Nassau and/or Suffolk county shall sell or offer for sale only low
14 nitrogen fertilizer.
15 4. Nothing in this title shall impair or supersede the authority of
16 the commissioner of agriculture and markets pursuant to articles ten and
17 twenty-five-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 expanding the sales and use prohibition on high nitrogen
21 fertilizer in other areas of the state.
22 § 3. This act shall take effect December 31, 2019; provided, however,
23 that persons may continue to use non-conforming nitrogen fertilizer on
24 lawn and non-agricultural turf after December 31, 2019 if such fertiliz-
25 er was purchased prior to such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15123-02-8
