Bill Text: NY S01626 | 2017-2018 | General Assembly | Introduced
Bill Title: Prohibits the application of lawn fertilizers that are labeled as containing more than zero percent phosphorous to any watersheds and drainage basins in certain counties where the county legislature has passed a local law relating thereto.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01626 Detail]
Download: New_York-2017-S01626-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 1626 A. 965 2017-2018 Regular Sessions SENATE - ASSEMBLY January 10, 2017 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to the application of lawn fertilizer to watersheds and drainage basins 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 33-1006 to read as follows: 3 § 33-1006. Application of lawn fertilizer to watersheds or drainage 4 basins in certain counties. 5 1. For purposes of this section, the following terms shall have the 6 following meanings: 7 a. "Agriculture uses" means beekeeping, dairying, egg production, 8 floriculture, fish or fur farming, forest and game management; grazing; 9 livestock raising; orchards; plant greenhouses and nurseries; poultry 10 raising; raising of grain, grass, mint and seed crops; raising of 11 fruits, nuts, berries, sod farming and vegetable raising. 12 b. "Lawn fertilizer" means any fertilizer, whether applied by property 13 owner, renter or commercial entity, intended for nonagricultural use, 14 such as for lawns, golf courses, parks and cemeteries. Lawn fertilizer 15 does not include fertilizer products intended primarily for garden or 16 indoor use. 17 2. a. Effective March first, two thousand nineteen, in any county 18 where the county legislature has adopted a local law, no person shall 19 apply any lawn fertilizer within any watershed or drainage basin that is 20 labeled as containing more than zero percent phosphorus, except as 21 provided in subdivision three of this section. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07144-01-7S. 1626 2 A. 965 1 b. In such county, no lawn fertilizer shall be applied when the ground 2 is frozen. 3 c. In such county, no person shall apply lawn fertilizer to any imper- 4 vious surface including parking lots, roadways, and sidewalks. If such 5 application occurs, the fertilizer shall be immediately removed from 6 such surfaces and either legally applied to turf or placed in an appro- 7 priate container. 8 3. The restrictions upon the use of lawn fertilizer under subdivision 9 two of this section shall not apply to: 10 a. Newly established turf or lawn areas during their first growing 11 season. 12 b. Turf or lawn areas that soil tests, performed within the past three 13 years by a state certified soil testing laboratory or other qualified or 14 recognized authority in the area of soil analysis, confirm are below 15 phosphorus levels established by the Cornell Cooperative Extension. The 16 lawn fertilizer application shall not contain an amount of phosphorus 17 exceeding the amount and rate of application recommended in the soil 18 test evaluation. 19 c. Agricultural uses, vegetable and flower gardens, or application to 20 trees or shrubs. 21 d. Yard waste compost, bio-solids or other similar materials that are 22 primarily organic in nature and are applied to improve the physical 23 condition of the soil. 24 4. Effective March first, two thousand nineteen, all vendors of lawn 25 fertilizer within any such county shall display a map of the affected 26 watershed or drainage basin and a sign containing the provisions set 27 forth in this section and the effects of phosphorus on such watershed or 28 drainage basin. All vendors shall offer fertilizer that is labeled as 29 containing 0% phosphorus. 30 § 2. Subdivision 1 of section 71-2907 of the environmental conserva- 31 tion law is amended by adding a new undesignated paragraph to read as 32 follows: 33 Notwithstanding any other provision of law to the contrary, any person 34 who violates subdivision two of section 33-1006 of this chapter in the 35 application of lawn fertilizer at his or her residence shall be subject 36 to a civil infraction penalty of one hundred dollars per violation. Any 37 commercial fertilizer applicator, residential or commercial developer, 38 industrial or commercial owner, and any person who violates subdivision 39 two of section 33-1006 of this chapter shall be subject to a civil 40 infraction penalty of two hundred dollars for the first violation within 41 a twelve month period; three hundred five dollars for the second 42 violation within a twelve month period; and five hundred dollars for the 43 third and each subsequent violation within a twelve month period. 44 § 3. This act shall take effect immediately.
