Bill Text: IL HB3817 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Creates the Phosphorous Turf Fertilizer Use Restriction Act. Provides that the Department of Central Management Services may not apply phosphorous fertilizer to State-owned turf, unless the Department (i) has been granted a waiver by the Illinois Green Government Coordinating Council, (ii) is establishing or reestablishing State-owned turf by planting seed or sod on State-owned land, or (iii) is depleting existing stores of phosphorous fertilizer procured prior to January 1, 2010. Creates the Phosphorous in Water Task Force, which is comprised of the Chairman of the Illinois Green Government Coordinating Council, who serves as Task Force Chairman, and 9 other members. Provides that the goals of the Task Force include, but are not limited to, drafting (i) a model phosphorous fertilizer ban for municipalities and other local governments and (ii) a report that recommends ways to reduce the application of phosphorous fertilizer in residential and urban areas and that describes best policies and practices for phosphorous management in Illinois waterways. Requires the Task Force to continue to hold quarterly meetings until the Chairman of the Task Force determines that the Task Force's goals have been met. Amends the Green Governments Illinois Act. Authorizes the Illinois Green Government Coordinating Council to grant waivers to the Department of Central Management Services to apply phosphorous fertilizer to State-owned turf. Defines "Agency", "Department", "Fertilizer", "Phosphorous Fertilizer", "State-owned turf", and "Turf". Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB3817 Detail]

Download: Illinois-2009-HB3817-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3817 Introduced 2/25/2009, by Rep. Kathleen A. Ryg SYNOPSIS AS INTRODUCED:
New Act
20 ILCS 3954/25
Creates the Phosphorous Turf Fertilizer Use Restriction Act. Provides that the Department of Central Management Services may not apply phosphorous fertilizer to State-owned turf, unless the Department (i) has been granted a waiver by the Illinois Green Government Coordinating Council, (ii) is establishing or reestablishing State-owned turf by planting seed or sod on State-owned land, or (iii) is depleting existing stores of phosphorous fertilizer procured prior to January 1, 2010. Creates the Phosphorous in Water Task Force, which is comprised of the Chairman of the Illinois Green Government Coordinating Council, who serves as Task Force Chairman, and 9 other members. Provides that the goals of the Task Force include, but are not limited to, drafting (i) a model phosphorous fertilizer ban for municipalities and other local governments and (ii) a report that recommends ways to reduce the application of phosphorous fertilizer in residential and urban areas and that describes best policies and practices for phosphorous management in Illinois waterways. Requires the Task Force to continue to hold quarterly meetings until the Chairman of the Task Force determines that the Task Force's goals have been met. Amends the Green Governments Illinois Act. Authorizes the Illinois Green Government Coordinating Council to grant waivers to the Department of Central Management Services to apply phosphorous fertilizer to State-owned turf. Defines "Agency", "Department", "Fertilizer", "Phosphorous Fertilizer", "State-owned turf", and "Turf". Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Phosphorous Turf Fertilizer Use Restriction Act.
Section 5. Findings and intent. The General Assembly finds
that most Illinois soils hold a sufficient amount of available
phosphorus to support healthy turf growth. The General Assembly
also finds that excessive phosphorus pollutes aquatic
environments and contributes to the demise of aquatic species.
Therefore, the intent of this Act is to restrict the
application of phosphorus fertilizer on certain lands owned by
the State.
Section 10. Definitions.
"Agency" means Illinois Environmental Protection Agency.
"Department" means Department of Central Management
Services.
"Fertilizer" means any substance containing nitrogen,
phosphorus, potassium, or any other recognized plant nutrient
or compound that is used for its plant nutrient content.
"Phosphorous fertilizer" means any fertilizer that
contains more than 0.28% phosphorous by weight.

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"State-owned turf" means turf that is controlled, owned, or
managed by the Department. State-owned turf does not include
any turf that is used for sporting events.
"Turf" means non-crop land planted in closely mowed,
managed grasses. Turf does not mean pasture, hay land, hay,
turf grown on turf farms, or any other form of agricultural
production.
Section 15. Phosphorus use restrictions.
(a) The Department must not apply phosphorous fertilizer to
State-owned turf, except as provided in subsection (b) of this
Section.
(b) The Department may apply phosphorous fertilizer to
State-owned turf if any one or more of the following apply:
(1) The Department has been granted a waiver by the
Illinois Green Government Coordinating Council to apply
fertilizer to land specified in a waiver.
(2) The Department is establishing or reestablishing
State-owned turf by planting seed or sod on State-owned
land. Under this subsection (b)(2) exception, the
Department may apply phosphorous fertilizer for only one
calendar year after the seed or sod is planted.
(3) The Department is depleting existing stores of
phosphorous fertilizer procured prior to January 1, 2010.
Section 20. Phosphorus in Water Task Force.

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(a) The Phosphorous in Water Task Force is created. The
Task Force shall be chaired by the Chairman of the Illinois
Green Government Coordinating Council and shall hold 4
quarterly meetings each calendar year. The Task Force shall be
comprised of the Chairman and 9 other members, appointed as
follows:
(1) One member appointed by the Governor of the
State of Illinois.
(2) One member appointed by the President of the
Illinois Senate.
(3) One member appointed by the Minority Leader of
the Illinois Senate.
(4) One member appointed by the Speaker of the
Illinois House of Representatives.
(5) One member appointed by the Minority Leader of
the Illinois House of Representatives.
(6) One member appointed by the Agency.
(7) One member appointed by the Illinois
Fertilizer and Chemical Association.
(8) One member appointed by the Sierra Club.
(9) One member appointed by the University of
Illinois Extension Service.
Other interested stakeholders are invited to participate as
non-voting members at meetings of the Task Force.
(b) The goals of the Task Force include, but are not
limited to, drafting:

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(1) a model phosphorous fertilizer ban for
municipalities and other local governments; and
(2) a report to the General Assembly that recommends
ways to reduce the application of phosphorous fertilizer in
residential and urban areas and that describes best
policies and practices for phosphorous management in
Illinois waterways.
(c) The Task Force shall continue to hold quarterly
meetings until the Chairman of the Task Force determines that
the goals specified in subsection (b) of this Section have been
met.
Section 25. The Green Governments Illinois Act is amended
by changing Section 25 as follows:
(20 ILCS 3954/25)
Sec. 25. Authority of the Council. To fulfill its
functions, the Council has the authority to:
(1) Solicit and receive grants.
(2) Solicit, use, and publish advice and information
from non-governmental entities and experts to assist in the
Council's duties.
(3) Grant waivers to the Department of Central
Management Services to apply phosphorous fertilizer to
State-owned turf.
(Source: P.A. 95-657, eff. 10-10-07.)

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Section 99. Effective date. This Act takes effect upon
becoming law.