Assembly Bill A9192

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

                                  9192

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            October 13, 2009
                               ___________

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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14748-02-9
              

A. 9192                             2

APPLICATION OCCURS, THE FERTILIZER SHALL  BE  IMMEDIATELY  REMOVED  FROM
SUCH  SURFACES AND EITHER LEGALLY APPLIED TO TURF OR PLACED IN AN APPRO-
PRIATE CONTAINER.
  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.