Senate Bill S3780B

                                 BILL NUMBER:  S3780

 TITLE OF BILL :

An act to amend the environmental conservation law and the agriculture
and markets law, in relation to phosphorus in household cleansing
products and lawn fertilizer


 PURPOSE OF THE BILL :

The purpose of this bill is to limit the amount of phosphorus in
dishwashing detergent, and limit the use of lawn fertilizer containing
phosphorus, to reduce phosphorus discharges into waterbodies.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends Environmental Conservation Law (ECL)
§35-0105(2) to prohibit the sale or distribution of household
cleansing products used in dishwashers which contain more than 0.5
percent by weight of a phosphorus compound and to prohibit the use of
such products in commercial establishments as of July 1, 2010.

Section 2 of this bill amends Article 17 of the ECL by adding a new
Title 21 entitled "Nutrient Runoff." ECL § 17-2101 sets out
definitions for "bio-solids," "compost," "fertilizer," "lawn" or
              

"non-agricultural turf' and "phosphorus fertilizer." ECL § 17-2103
prohibits the use of phosphorus fertilizer on lawn or non-agricultural
turf, except when: (1) a soil test demonstrates that additional
phosphorus is needed for lawn or non-agricultural turf growth, or (2)
new lawn or non-agricultural turf is being established. ECL § 17-2103
requires retail stores to comply with the requirements of Agriculture
and Markets Law (AML) § 146-g related to the display of phosphorus
fertilizer and the posting of educational signs. Title 21 would not
impair or supersede the authority of the Commissioner of Agriculture
and Markets to regulate fertilizer.

Section 3 of this bill adds a new section 146-g to the AML to require
retail stores that sell or offer to sell to consumers specialty
fertilizer in which the available phosphate content is greater than
0.67 percent to display such fertilizer separately from non-phosphorus
specialty fertilizer, and to post a sign in the location where
phosphorus-containing specialty fertilizer is displayed stating that
phosphorus runoff poses a threat to water quality, and therefore
phosphorus containing fertilizer may only be applied to lawn or
non-agricultural turf when a soil test indicates a phosphorus
deficiency or new lawn or non-agricultural turf is being established.

Section 4 of this bill provides that the bill would take effect
January 1, 2010, provided that: (1) persons may continue to use
phosphorus fertilizer on law and non-agricultural turf if the
fertilizer was purchased prior to January 1, 2010; (2) the amendments
to ECL §35-01 05 related to phosphorus in dishwasher detergent would
take effect July 1, 2010; and (3) commercial establishments may
continue to use inventory of dishwasher detergent purchased plior to
July 1, 2010 until such inventory is depleted.

 EXISTING LAW :

ECL §35-01 05(2) prohibits the sale or distribution of household
cleansing products other than those used in dishwashers, food and
beverage processing equipment and dairy equipment containing more than
a trace or incidental concentrations of a phosphorus compound.
Commercial use of any household cleansing product except those used in
dishwashers, food and beverage processing-equipment, and dairy
equipment containing more than a trace or incidental concentration of
a phosphorus compound is also prohibited. Household cleansing products
used in dishwashers, food and beverage processing equipment and dairy
equipment may not contain a phosphorus compound in excess of 8.7
percent by weight expressed as phosphorus.

Article 10 of the Agriculture and Markets Law regulates the labeling
and distribution of commercial fertilizer.

 LEGISLATIVE HISTORY :

This is a new bill.

 STATEMENT IN SUPPORT :

Phosphorus from dishwasher detergent and lawn fertilizer has the
potential to significantly impact the quality of New York's water
resources. This bill, by prohibiting the use of phosphorus in
dishwasher detergents and limiting its use in lawn and turf
fertilizers, would reduce the level of phosphorus runoff that is
discharged to waters of the State.

Phosphorus enters the environment in many ways. Wastewater treatment
plants, defective septic systems, agricultural runoff, fertilizer.
manure, decomposing leaves, and urban/suburban runoff all contribute
phosphorus to the environment. Although phosphorus impacts waterbodies
across the State, its impact is greatest on waterbodies located in
highly developed areas.

Discharge of excess phosphorus into the state's waters has been linked
to excess eutrophication, reducing biodiversity, limiting recreational
uses, and increasing the costs of treating drinking water. When water
bodies receive an unnaturally high quantity of plant-supporting
nutrients like phosphorus, excess plant growth results, often in the
form of algae blooms and nuisance weeds.  Just one pound of phosphorus
has the capacity to grow from 500 to 700 pounds of algae, which can
reduce levels of dissolved oxygen in the water, causing fish and
shellfish to die. These low oxygen conditions also cause iron,
manganese and phosphorus to be released from sediments into the water,
deteriorating water quality used for human consumption.

Specific areas of New York have water quality concerns due to excess
phosphorus. Total Maximum Daily Loads (TMDLs) for phosphorus have been
developed for the New York City watershed, Lake Champlain and Onondaga
Lake. Alternative voluntary control measures have been implemented to
address phosphorus input into Chesapeake Bay, including those areas of
New York which drain into the Bay. Another 59 waterbodies are known to
be impaired by phosphorus.

This proposal would complement requirements placed on all State
Pollutant Discharge Elimination System (SPDES) permittees to institute
controls to reduce pollutant discharges.  Currently, 439 local
governments, 607 Concentrated Animal Feeding Operations. and
approximately 6,000 construction sites commit significant resources to
meet SPDES permit requirements, much of which is to control phosphorus
discharges.

Dishwasher detergents, which often enter the environment through
wastewater treatment plants and septic systems, may contain up to 9%
phosphorus and can account for 9 to 34% of total phosphorus in
municipal wastewater. Lawn fertilizer contains up to 3% phosphorus and
can account for up to 50% of the soluble phosphorus in stormwater
runoff. While automatic dishwasher detergent and lawn fertilizer are
but two sources of phosphorus, they are reasonably easy and
inexpensive to control.


If enacted, this bill would help local governments reduce phosphorus
loads and meet state ambient water quality standards in areas where
excessive amounts of phosphorus exist. The cost of phosphorus removal
at a wastewater treatment plant varies from $0.96 to $20 per pound.
Lower levels of phosphorus in wastewater would require less chemical
treatment and reduce the quantity of sludge removed and requiring
disposal, resulting in cost savings to municipalities.  Removing
phosphorus from stormwater can be significantly more expensive for
municipalities than removal from wastewater. Preventing phosphorus
from getting into stormwater is more cost effective than building
control systems.

Over 30 years ago, phosphorus was banned from household cleansing
products in New York, with the exception of automatic dishwasher
detergents. While at one time dishwashers were not common, today about
one in every two households has a dishwasher. Effective
phosphorus-free detergents are available to consumers which do not
require consumers to sacrifice performance in order to protect the
environment. Laboratory testing and consumer experience have shown
that phosphorous-free detergents perform satisfactorily and can be
successfully substituted for phosphorus-based detergents.

A growing number of states, including Illinois, Indiana, Mary and,
Massachusetts, Minnesota, Ohio, Pennsylvania, Utah, Vermont, Virginia
and Washington, have enacted a ban on phosphorous in automatic
dishwasher detergent.

A United States Geological Survey study found that concentrations of
dissolved phosphorus in runoff from lawns on which phosphorus
fertilizer was applied were twice the concentrations of that from
lawns on which phosphorus-free or no fertilizer was applied.

Typically, additional phosphorus is not required to maintain healthy
turf. Lawns often have high levels of phosphorus, naturally or as a
result of many years of fertilization. Many major brand manufacturers
already offer phosphorus-free fertilizer.

This proposal is similar to Minnesota's law, which has been in effect
since 2004. A Minnesota Department of Agriculture study on the
effectiveness of its fertilizer law found that three years after
enactment 97% of stores carried phosphorus-free lawn fertilizer. The
study also found no difference in cost between phosphorus-free
fertilizer and phosphorus fertilizer. Most significantly, the number
of tons of phosphorus contained in lawn fertilizer used in the state
decreased by nearly 50% from 2003 to 2006, without any enforcement of
the law.

Maine also enacted a similar law on January 1, 2008, focused on
restricting the retail sale of phosphorus-containing fertilizer.
Florida's Department of Agriculture and Consumer Services has imposed
regulations to restrict the quantity of phosphorus in lawn fertilizer
beginning July 1, 2009. In New York, legislation has been introduced
in Suffolk and Westchester Counties to ban the sale or use of
phosphorus fertilizer in efforts to reduce phosphorus discharges.

 BUDGET IMPLICATIONS :

None.

 EFFECTIVE DATE :
This bill would take effect January 1, 2010; provided, however that
after such date, persons may continue to use phosphorus-containing
fertilizer purchased prior to the effective date; the amendments to
ECL §35-01 05 would take effect July 1, 2010; and commercial
establishments may continue to use inventory of household cleansing
products after July 1, 2010 until such inventory is depleted.

                                BILL NUMBER:S3780A

TITLE OF BILL:

An act
to amend the environmental conservation law and the agriculture and
markets law, in relation to phosphorus in household cleansing products
and lawn fertilizer

PURPOSE OF THE BILL:

The purpose of this bill is to limit the amount of phosphorus in
dishwashing detergent, and limit the use of lawn fertilizer
containing phosphorus, to reduce phosphorus discharges into
waterbodies.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends Environmental Conservation Law (ECL)
§35-0105(2) to prohibit the sale or distribution of household
cleansing products used in dishwashers which contain more than 0.5
percent by weight of a phosphorus compound and to prohibit the use of
such products in commercial establishments as of July 1, 2010.

Section 2 of this bill amends Article 17 of the ECL by adding a new
Title 21 entitled "Nutrient Runoff." ECL § 17-2101 sets out
              

definitions for "bio-solids," "compost," "fertilizer," "lawn" or
"non-agricultural turf' and "phosphorus fertilizer." ECL § 17-2103
prohibits the use of phosphorus fertilizer on lawn or
non-agricultural turf, except when: (1) a soil test demonstrates
that additional phosphorus is needed for lawn or non-agricultural
turf growth, or (2) new lawn or non-agricultural turf is being
established. ECL § 17-2103 requires retail stores to comply with the
requirements of Agriculture and Markets Law (AML) § 146-g related to
the display of phosphorus fertilizer and the posting of educational
signs. Title 21 would not impair or supersede the authority of the
Commissioner of Agriculture and Markets to regulate fertilizer.

Section 3 of this bill adds a new section 146-g to the AML to require
retail stores that sell or offer to sell to consumers specialty
fertilizer in which the available phosphate content is greater than
0.67 percent to display such fertilizer separately from
non-phosphorus specialty fertilizer, and to post a sign in the
location where phosphorus-containing specialty fertilizer is
displayed stating that phosphorus runoff poses a threat to water
quality, and therefore phosphorus containing fertilizer may only be
applied to lawn or non-agricultural turf when a soil test indicates a
phosphorus deficiency or new lawn or non-agricultural turf is being
established.

Section 4 of this bill provides that the bill would take effect January
1, 2010, provided that: (1) persons may continue to use phosphorus
fertilizer on law and non-agricultural turf if the fertilizer was
purchased prior to January 1, 2010; (2) the amendments to ECL §35-01
05 related to phosphorus in dishwasher detergent would take effect
July 1, 2010; and (3) commercial


establishments may continue to use inventory of dishwasher detergent
purchased plior to July 1, 2010 until such inventory is depleted.

EXISTING LAW:

ECL §35-01 05(2) prohibits the sale or distribution of household
cleansing products other than those used in dishwashers, food and
beverage processing equipment and dairy equipment containing more
than a trace or incidental concentrations of a phosphorus compound.
Commercial use of any household cleansing product except those used in
dishwashers, food and beverage processing-equipment, and dairy
equipment containing more than a trace or incidental concentration of
a phosphorus compound is also prohibited. Household cleansing
products used in dishwashers, food and beverage processing equipment
and dairy equipment may not contain a phosphorus compound in excess
of 8.7 percent by weight expressed as phosphorus.

Article 10 of the Agriculture and Markets Law regulates the labeling
and distribution of commercial fertilizer.

LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

Phosphorus from dishwasher detergent and lawn fertilizer has the
potential to significantly impact the quality of New York's water
resources. This bill, by prohibiting the use of phosphorus in
dishwasher detergents and limiting its use in lawn and turf
fertilizers, would reduce the level of phosphorus runoff that is
discharged to waters of the State.

Phosphorus enters the environment in many ways. Wastewater treatment
plants, defective septic systems, agricultural runoff, fertilizer.
manure, decomposing leaves, and urban/suburban runoff all contribute
phosphorus to the environment. Although phosphorus impacts
waterbodies across the State, its impact is greatest on waterbodies
located in highly developed areas.

Discharge of excess phosphorus into the state's waters has been linked
to excess eutrophication, reducing biodiversity, limiting recreational
uses, and increasing the costs of treating drinking water. When water
bodies receive an unnaturally high quantity of plant-supporting
nutrients like phosphorus, excess plant growth results, often in the
form of algae blooms and nuisance weeds.
Just one pound of phosphorus has the capacity to grow from 500 to 700
pounds of algae, which can reduce levels of dissolved oxygen in the
water, causing fish and shellfish to die. These low oxygen conditions
also cause iron, manganese and phosphorus to be released from
sediments into the water, deteriorating water quality used for human
consumption.

Specific areas of New York have water quality concerns due to excess
phosphorus. Total Maximum Daily Loads (TMDLs) for phosphorus have
been developed for the New York City watershed, Lake Champlain and
Onondaga Lake. Alternative voluntary control measures have been


implemented to address phosphorus input into Chesapeake Bay,
including those areas of
New York which drain into the Bay. Another 59 waterbodies are known to
be impaired by phosphorus.

This proposal would complement requirements placed on all State
Pollutant Discharge Elimination System (SPDES) permittees to
institute controls to reduce pollutant discharges.
Currently, 439 local governments, 607 Concentrated Animal Feeding
Operations. and approximately 6,000 construction sites commit
significant resources to meet SPDES permit requirements, much of which
is to control phosphorus discharges.

Dishwasher detergents, which often enter the environment through
wastewater treatment plants and septic systems, may contain up to 9%
phosphorus and can account for 9 to 34% of total phosphorus in
municipal wastewater. Lawn fertilizer contains up to 3% phosphorus
and can account for up to 50% of the soluble phosphorus in stormwater
runoff. While automatic dishwasher detergent and lawn fertilizer are
but two sources of phosphorus, they are reasonably easy and
inexpensive to control.

If enacted, this bill would help local governments reduce phosphorus
loads and meet state ambient water quality standards in areas where
excessive amounts of phosphorus exist. The cost of phosphorus removal
at a wastewater treatment plant varies from $0.96 to $20 per pound.
Lower levels of phosphorus in wastewater would require less chemical
treatment and reduce the quantity of sludge removed and requiring
disposal, resulting in cost savings to municipalities.
Removing phosphorus from stormwater can be significantly more
expensive for municipalities than removal from wastewater. Preventing
phosphorus from getting into stormwater is more cost effective than
building control systems.

Over 30 years ago, phosphorus was banned from household cleansing
products in New York, with the exception of automatic dishwasher
detergents. While at one time dishwashers were not common, today
about one in every two households has a dishwasher. Effective
phosphorus-free detergents are available to consumers which do not
require consumers to sacrifice performance in order to protect the
environment. Laboratory testing and consumer experience have shown
that phosphorous-free detergents perform satisfactorily and can be
successfully substituted for phosphorus-based detergents.

A growing number of states, including Illinois, Indiana, Mary]and,
Massachusetts, Minnesota, Ohio, Pennsylvania, Utah, Vermont, Virginia
and Washington, have enacted a ban on phosphorous in automatic
dishwasher detergent.

A United States Geological Survey study found that concentrations of
dissolved phosphorus in runoff from lawns on which phosphorus
fertilizer was applied were twice the concentrations of that from
lawns on which phosphorus-free or no fertilizer was applied.

Typically, additional phosphorus is not required to maintain healthy
turf. Lawns often have high levels of phosphorus, naturally or as a


result of many years of fertilization. Many major brand manufacturers
already offer phosphorus-free fertilizer.

This proposal is similar to Minnesota's law, which has been in effect
since 2004. A Minnesota Department of Agriculture study on the
effectiveness of its fertilizer law found that three years after
enactment 97% of stores carried phosphorus-free lawn fertilizer. The
study also found no difference in cost between phosphorus-free
fertilizer and phosphorus fertilizer. Most significantly, the number
of tons of phosphorus contained in lawn fertilizer used in the state
decreased by nearly 50% from 2003 to 2006, without any enforcement
of the law.

Maine also enacted a similar law on January 1, 2008, focused on
restricting the retail sale of phosphorus-containing fertilizer.
Florida's Department of Agriculture and Consumer Services has imposed
regulations to restrict the quantity of phosphorus in lawn fertilizer
beginning July 1, 2009. In New York, legislation has been introduced
in Suffolk and Westchester Counties to ban the sale or use of
phosphorus fertilizer in efforts to reduce phosphorus discharges.

BUDGET IMPLICATIONS:

None.

EFFECTIVE DATE:

This bill would take effect January 1, 2010; provided, however that
after such date, persons may continue to use phosphorus-containing
fertilizer purchased prior to the effective date; the amendments to
ECL §35-01 05 would take effect July 1, 2010; and commercial
establishments may continue to use inventory of household cleansing
products after July 1, 2010 until such inventory is depleted.