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Assembly Bill A10276

2017-2018 Legislative Session

Relates to the sale or use of nitrogen fertilizer

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2017-A10276 (ACTIVE) - Details

See Senate Version of this Bill:
S8170
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-2104, En Con L
Versions Introduced in Other Legislative Sessions:
2019-2020: A4568, S2130
2021-2022: S393

2017-A10276 (ACTIVE) - Summary

Relates to the sale or use of nitrogen fertilizer; prohibits the sale or use of fertilizer in Nassau or Suffolk counties other than low nitrogen fertilizer; requires the department of environmental conservation to report to the governor and legislature regarding expanding the prohibition to other areas of the state.

2017-A10276 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10276
 
                           I N  A S S E M B L Y
 
                              April 10, 2018
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, THIELE, PELLEGRINO, D'URSO -- read
   once and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation  to  the
   sale or use of nitrogen fertilizer
 
   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 17-2104 to read as follows:
 § 17-2104. SALE OR USE OF NITROGEN FERTILIZER RESTRICTED.
   1.  FOR  THE PURPOSES OF THIS SECTION, "LOW NITROGEN FERTILIZER" SHALL
 MEAN FERTILIZER CONTAINING NOT MORE  THAN  TWELVE  PERCENT  NITROGEN  BY
 WEIGHT, OF WHICH AT LEAST HALF MUST BE WATER INSOLUBLE NITROGEN, COMMON-
 LY REFERRED TO AS SLOW RELEASE NITROGEN.
   2.  NO  PERSON  SHALL  APPLY OR AUTHORIZE ANY PERSON BY WAY OF SERVICE
 CONTRACT OR OTHER ARRANGEMENT TO APPLY IN NASSAU OR SUFFOLK  COUNTY  ANY
 FERTILIZER  ON  LAWN  OR  NON-AGRICULTURAL TURF, OTHER THAN LOW NITROGEN
 FERTILIZER.
   3. BEGINNING DECEMBER THIRTY-FIRST, TWO THOUSAND  NINETEEN,  RETAILERS
 IN  NASSAU  AND/OR  SUFFOLK COUNTY SHALL SELL OR OFFER FOR SALE ONLY LOW
 NITROGEN FERTILIZER.
   4. NOTHING IN THIS TITLE SHALL IMPAIR OR SUPERSEDE  THE  AUTHORITY  OF
 THE COMMISSIONER OF AGRICULTURE AND MARKETS PURSUANT TO ARTICLES TEN AND
 TWENTY-FIVE-AA OF THE AGRICULTURE AND MARKETS LAW.
   §  2.  No  later  than  June  1, 2020, the department of environmental
 conservation shall prepare a report  to  the  governor  and  legislature
 regarding  expanding  the  sales  and  use  prohibition on high nitrogen
 fertilizer in other areas of the state.
   § 3. This act shall take effect December 31, 2019; provided,  however,
 that  persons  may continue to use non-conforming nitrogen fertilizer on
 lawn and non-agricultural turf after December 31, 2019 if such fertiliz-
 er was purchased prior to such effective date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15123-02-8

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