S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6822

                            I N  S E N A T E

                            February 10, 2010
                               ___________

Introduced  by  Sen. LAVALLE -- 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
  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:

  Section 1. The environmental conservation law is amended by  adding  a
new section 33-1006 to read as follows:
S 33-1006. APPLICATION  OF  LAWN  FERTILIZER  TO  WATERSHEDS OR DRAINAGE
             BASINS IN CERTAIN COUNTIES.
  1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  A.  "AGRICULTURE  USES"  MEANS  BEEKEEPING,  DAIRYING, EGG PRODUCTION,
FLORICULTURE, FISH OR FUR FARMING, FOREST AND GAME MANAGEMENT;  GRAZING;
LIVESTOCK  RAISING;  ORCHARDS;  PLANT GREENHOUSES AND NURSERIES; POULTRY
RAISING; RAISING OF GRAIN,  GRASS,  MINT  AND  SEED  CROPS;  RAISING  OF
FRUITS, NUTS, BERRIES, SOD FARMING AND VEGETABLE RAISING.
  B. "LAWN FERTILIZER" MEANS ANY FERTILIZER, WHETHER APPLIED BY PROPERTY
OWNER,  RENTER  OR  COMMERCIAL ENTITY, INTENDED FOR NONAGRICULTURAL USE,
SUCH AS FOR LAWNS, GOLF COURSES, PARKS AND CEMETERIES.  LAWN  FERTILIZER
DOES  NOT  INCLUDE  FERTILIZER PRODUCTS INTENDED PRIMARILY FOR GARDEN OR
INDOOR USE.
  2. A. EFFECTIVE MARCH FIRST, TWO THOUSAND ELEVEN, IN ANY COUNTY  WHERE
THE  COUNTY  LEGISLATURE  HAS ADOPTED A LOCAL LAW, NO PERSON SHALL APPLY
ANY LAWN FERTILIZER WITHIN ANY  WATERSHED  OR  DRAINAGE  BASIN  THAT  IS
LABELED  AS  CONTAINING  MORE  THAN  ZERO  PERCENT PHOSPHORUS, EXCEPT AS
PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
  B. IN SUCH COUNTY, NO LAWN FERTILIZER SHALL BE APPLIED WHEN THE GROUND
IS FROZEN.
  C. IN SUCH COUNTY, NO PERSON SHALL APPLY LAWN FERTILIZER TO ANY IMPER-
VIOUS SURFACE INCLUDING PARKING LOTS, ROADWAYS, AND SIDEWALKS.  IF  SUCH
APPLICATION  OCCURS,  THE  FERTILIZER  SHALL BE IMMEDIATELY REMOVED FROM
SUCH SURFACES AND EITHER LEGALLY APPLIED TO TURF OR PLACED IN AN  APPRO-
PRIATE CONTAINER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14748-02-9

S. 6822                             2

  3.  THE RESTRICTIONS UPON THE USE OF LAWN FERTILIZER UNDER SUBDIVISION
TWO OF THIS SECTION SHALL NOT APPLY TO:
  A.  NEWLY  ESTABLISHED  TURF  OR LAWN AREAS DURING THEIR FIRST GROWING
SEASON.
  B. TURF OR LAWN AREAS THAT SOIL TESTS, PERFORMED WITHIN THE PAST THREE
YEARS BY A STATE CERTIFIED SOIL TESTING LABORATORY OR OTHER QUALIFIED OR
RECOGNIZED AUTHORITY IN THE AREA OF SOIL  ANALYSIS,  CONFIRM  ARE  BELOW
PHOSPHORUS  LEVELS ESTABLISHED BY THE CORNELL COOPERATIVE EXTENSION. THE
LAWN FERTILIZER APPLICATION SHALL NOT CONTAIN AN  AMOUNT  OF  PHOSPHORUS
EXCEEDING  THE  AMOUNT  AND  RATE OF APPLICATION RECOMMENDED IN THE SOIL
TEST EVALUATION.
  C. AGRICULTURAL USES, VEGETABLE AND FLOWER GARDENS, OR APPLICATION  TO
TREES OR SHRUBS.
  D.  YARD WASTE COMPOST, BIO-SOLIDS OR OTHER SIMILAR MATERIALS THAT ARE
PRIMARILY ORGANIC IN NATURE AND ARE  APPLIED  TO  IMPROVE  THE  PHYSICAL
CONDITION OF THE SOIL.
  4.  EFFECTIVE  MARCH  FIRST,  TWO THOUSAND ELEVEN, ALL VENDORS OF LAWN
FERTILIZER WITHIN ANY SUCH COUNTY SHALL DISPLAY A MAP  OF  THE  AFFECTED
WATERSHED  OR  DRAINAGE  BASIN  AND A SIGN CONTAINING THE PROVISIONS SET
FORTH IN THIS SECTION AND THE EFFECTS OF PHOSPHORUS ON SUCH WATERSHED OR
DRAINAGE BASIN. ALL VENDORS SHALL OFFER FERTILIZER THAT  IS  LABELED  AS
CONTAINING 0% PHOSPHORUS.
  S  2.  Subdivision 1 of section 71-2907 of the environmental conserva-
tion law is amended by adding a new undesignated paragraph  to  read  as
follows:
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY PERSON
WHO  VIOLATES  SUBDIVISION TWO OF SECTION 33-1006 OF THIS CHAPTER IN THE
APPLICATION OF LAWN FERTILIZER AT HIS OR HER RESIDENCE SHALL BE  SUBJECT
TO  A CIVIL INFRACTION PENALTY OF ONE HUNDRED DOLLARS PER VIOLATION. ANY
COMMERCIAL FERTILIZER APPLICATOR, RESIDENTIAL OR  COMMERCIAL  DEVELOPER,
INDUSTRIAL  OR COMMERCIAL OWNER, AND ANY PERSON WHO VIOLATES SUBDIVISION
TWO OF SECTION 33-1006 OF THIS CHAPTER  SHALL  BE  SUBJECT  TO  A  CIVIL
INFRACTION PENALTY OF TWO HUNDRED DOLLARS FOR THE FIRST VIOLATION WITHIN
A  TWELVE  MONTH  PERIOD;  THREE  HUNDRED  FIVE  DOLLARS  FOR THE SECOND
VIOLATION WITHIN A TWELVE MONTH PERIOD; AND FIVE HUNDRED DOLLARS FOR THE
THIRD AND EACH SUBSEQUENT VIOLATION WITHIN A TWELVE MONTH PERIOD.
  S 3. This act shall take effect immediately.