Bill Text: NY A04568 | 2019-2020 | 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: Strong Partisan Bill (Democrat 15-1)

Status: (Introduced) 2019-03-21 - advanced to third reading cal.157 [A04568 Detail]

Download: New_York-2019-A04568-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
        Introduced  by  M.  of  A.  ENGLEBRIGHT, THIELE, D'URSO, COLTON, WEPRIN,
          RAMOS, L. ROSENTHAL, ABINANTI, GOTTFRIED, GLICK -- Multi-Sponsored  by
          --  M. of A. GALEF -- read once and referred to the Committee on Envi-
          ronmental 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 twenty-one, 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,  2022,  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, 2021; provided, however,
    23  that persons may continue to use non-conforming nitrogen  fertilizer  on
    24  lawn and non-agricultural turf after December 31, 2021 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.