S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 1626                                                   A. 965
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             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:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 33-1006 to read as follows:
 § 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  NINETEEN,  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07144-01-7

 S. 1626                             2                             A. 965
 
   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.
   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 NINETEEN, 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.
   §  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.
   § 3. This act shall take effect immediately.