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
________________________________________________________________________
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.
LBD16331-01-8
S. 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.
