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.

                                BILL NUMBER:S3780B

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
dish washing detergent, and limit the use of lawn fertilizer
containing phosphorus, to reduce phosphorus discharges into waters of
the State.

SUMMARY OF PROVISIONS:

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

Section 2 of this bill would amend ECL § 35-0105(2)(b) to prohibit
the sale or distribution of household cleansing products used in
              

dishwashers at commercial establishments 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, 2013.

Section 3 of this bill would amend ECL Article 17 by adding a new
Title 21 entitled "Nutrient Runoff" A new ECL § 17-2101 would
contain definitions for "compost," "fertilizer," "lawn" or
"non-agricultural turf' and "phosphorus fertilizer." A new ECL
§17-2103 would prohibit the application 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. A new 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. It would also
prohibit the application of fertilizer on lawn or non-agricultural
turf: between December first and April first; on impervious surfaces;
and within twenty feet of surface water except where there is a
continuous vegetative buffer of at least ten feet from the water
body, and except that, where a spreader guard, deflector shield or
drop spreader is used, the application would be prohibited within
three feet of any surface water. The set backs horn surface water
would not apply when establishing a new lawn. This new Title 21 would
not impair or supersede the authority of the Commissioner of

Agriculture and Markets under Articles 10 and 25-AA of the AML. ECL
§17-2105 would allow local governments to adopt more stringent
standards for non-agricultural fertilizer applications after
demonstrating to the Department that such action is
necessary to address local water quality conditions.

Section 4 of this bill would add a new ECL § 17-1945 to provide for
the enforcement of Title 21 of Article 17. This new section would
provide that any owner, owner's agent or occupant of a household who
violates any provision of Title 21 would receive a written warning
and educational materials for a first violation, be liable for a
civil penalty not to exceed $100 for a second violation, and be
liable for a civil penalty not to exceed $250 for third and
subsequent violations. Any other person who violates any provision of
Title 21 would be liable for a civil penalty not to exceed $500 for a
first violation, and not to exceed $1,000 for each subsequent
violation.

Section 5 of this bill makes a conforming amendment to the heading of
Title 19 of Article 71 of the ECL.

Section 6 of this bill would add a new section AML § 146-g 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 7 of this bill provides that the bill would take effect on the
thirtieth day after it shall have become a law, except that: (1)
retailers would have 60 days from the effective date to sell-through
its inventory of high phosphorus household dishwasher detergent; (2)
sections three, four, five and six of the bill would take effect
January 1, 2012; (3) persons would be allowed to continue to use
phosphorus fertilizer on law and non-agricultural turf if the
fertilizer was purchased prior to January 1, 2012; and (4) the
amendments to ECL § 35-0105 related to phosphorus in dishwasher
detergent would take effect July 1, 2013.

EXISTING LAW:

ECL § 35-0105(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
of8.7 percent by weight expressed as phosphorus.

AML Article 10 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 water
bodies across the State, its impact is greatest on water bodies
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.

In the most recent New York State Water Quality Assessment Report,
nutrients, primarily phosphorous, were cited as the pollutant
affecting the greatest number of lake acres, the second most number of
river miles and fou11h most number of estuary acres. Furthermore, in
terms of the impact on the quality of waters in the State, phosphorus
is one of the most significant of all pollutants. The impact of
phosphorus is particularly significant in lakes and reservoirs: over
half (5.3%) of all the lake acres in the state have water quality
impacts for which phosphorus is a contributing cause.

Specific areas of New York have water quality concerns due to excess
phosphorus with over] 00 watersheds containing waters impaired by
phosphorus. Total Maximum Daily Loads (TMDLs) for phosphorus have
been developed for the New York City water supply 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.

In the New York City water supply watershed east of the Hudson River
(EOH), the costs to municipalities for reducing phosphorus via
collection and treatment of storm water (by retrofitting existing
storm drain systems) have been identified to be many millions of
dollars.
Several water quality studies are indicating that significant
reductions in phosphorus loads may be attained by controlling
phosphorus fertilizer with almost no cost or consequence. According
to a study done by the University at Michigan, reducing phosphorus
inputs is far more cost
effective than collection and treatment to remove phosphorus from
storm water with costs in the millions of dollars.

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, Maryland,
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.
However, 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 earned 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, Chautauqua and Westchester
Counties ban the sale or use of phosphorus fertilizer in efforts to
reduce phosphorus discharges.

BUDGET IMPLICATIONS:

The bill would have no significant impact on the State budget because
it would not impose any significant new responsibilities on the State.

EFFECTIVE DATE:

This bill would take effect thirty days after it shall have become a
law; provided, however that (1) retailers shall have sixty days from
the effective date to sell through product subject to section one of
this act which is held in inventory on the effective date; (2)
sections three, four, five, and six shall take effect on January

1, 2012; (3) persons may continue to use phosphorus containing
fertilizer after January 1, 2010 if it was purchased prior to that
date; and (4) the amendments to section two would take effect July 1,
2013.