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Assembly Bill A4568

2019-2020 Legislative Session

Relates to the sale or use of nitrogen fertilizer

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Archive: Last Bill Status - On Floor Calendar

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2019-A4568 (ACTIVE) - Details

See Senate Version of this Bill:
S2130
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-2104, En Con L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10276, S8170
2021-2022: S393

2019-A4568 (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.

2019-A4568 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4568
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT, THIELE, D'URSO, COLTON, WEPRIN,
   RAMOS, L. ROSENTHAL, ABINANTI, GOTTFRIED, GLICK -- Multi-Sponsored  by
   --  M. of A. GALEF -- read once and referred to the Committee on Envi-
   ronmental 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 TWENTY-ONE, 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,  2022,  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, 2021; provided, however,
 that persons may continue to use non-conforming nitrogen  fertilizer  on
 lawn and non-agricultural turf after December 31, 2021 if such fertiliz-
 er was purchased prior to such effective date.

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