Senate Bill S9099

                                
 
BILL NUMBER: S9099

SPONSOR: HANNON
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the sale or use of nitrogen fertilizer

 
PURPOSE:

To amend the environmental conservation law, in relation to the sale or
use of nitrogen fertilizer on Long Island.

 
SUMMARY OF PROVISIONS:

This bill would add a new § 17-2104 to the Environmental Conservation
Law to require, in Nassau and Suffolk counties, the sale and use of
non-agricultural fertilizer that is low in nitrogen by weight and less
water soluble. It provides low nitrogen fertilizer shall conform to
standards recommended by the Long Island Nitrogen Action Plan and
adopted by the Commissioner in regulation provided the bill sets forth
minimum levels that must be phased in. It provides that at a minimum
beginning in December 2020 fertilizer sold and applied on Long Island
              

would be limited to 20% nitrogen by weight of which at least 30% must be
water insoluble; in December 2022 fertilizer would be limited to 16%
nitrogen by weight of which at least 40% must be water insoluble; and in
December 2024 fertilizer would be limited to 12% nitrogen of which half
must be water insoluble.

In addition to exempting agricultural fertilizers the bill exempts golf
courses but requires them to follow best management practices specific
to Long Island adopted by the Department. It also provides for other
actions to reduce nitrogen on Long Island such as adopting dates ferti-
lizer should not be applied and establishing and maximum application
rate. The bill also requires the Department of Environmental Conserva-
tion to report by June 1, 2020 on best management practices for lawn and
non-agricultural turf to homeowners and professionals that address
nutrient management and environmental protection and on expanding the
provisions for low nitrogen fertilizer in other areas of the state.

 
JUSTIFICATION:

Excess nitrogen has been proven to contribute to Harmful Algal Blooms
(HABs) in marine and freshwater environments. Several scientific studies
have identified lawn fertilizer as a significant contributor to excess
nitrogen. A 2009 study in the Journal of Coastal Research estimated that
fertilizer use contributed 15% of the total land-based nitrogen in the
Great South Bay. In addition to nitrogen contributing to harmful HABs,
high nitrogen levels threaten Long Island's aquifer, .the areas sole
source of drinking water. Since nitrogen is a soluble substance, it
deeply immerses into the soil after a rainstorm or after irrigation;
when this happens, the nitrogen is able to reach ground water and wells
in the surrounding area. Nearly 3 million people live on Long Island and
depend on the aquifer for their drinking water.

Recognizing the threat that high levels of nitrogen presents to ground
and surface water, the 2015-16 state budget included $5 million dollars
for the local and state authorities to create a Long Island Nitrogen
Action Plan. In the 2017-18 state budget included $75 million of the
$2.5 billion Clean Water Infrastructure Act of 2017, for a new state

rebate program to incentivize the replacement of failing septic systems
and cesspools.

This legislation builds upon those recent efforts to address high nitro-
gen levels on Long Island by ensuring that fertilizer, one of the main
sources of high nitrogen, sold and applied on Long Island are low nitro-
gen and less water soluble than many fertilizers currently are. Based on
a phosphorus restriction enacted in 2010, this legislation would not
apply to farms or golf courses and would limit the amount of nitrogen
that could be contained in fertilizer sold and used on Long Island. The
legislation phases in reductions of nitrogen and solubility in fertiliz-
ers over a four year period to provide time for products on the market
to change their composition and landscapers to adjust to new products
and regulations. It exempts golf courses given their specialized appli-
cation of fertilizer and goal of not having excessive turf growth which
would require additional costly mowing. However, it directs the Depart-
ment to establish and issue best practice management for golf courses
specific to golf courses on Long Island and the unique geological and
ecological features which they must then follow. It also gives the
Department of Environmental Conservation authority to adopt regulations
based on recommendations of the Long Island Nitrogen Action Plan which
are more aggressive and requires the Department to report to the Legis-
lature and Governor on expanding the sale and use prohibition to other
areas of the state.

Eliminating excessive nitrogen, which serves primarily to make grass
look greener, represents a commonsense approach to limiting HABs and
protecting Long Island's drinking water supply. This legislation is an
important step forward.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL:

None

 
EFFECTIVE DATE:
This act shall take effect immediately, provided people can continue to
use non-conforming fertilizer after April 1, 2021 if it was purchased
prior to such effective date.