NY State Senate Bill S2130

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 22, 2019	referred to environmental conservation

Co-Sponsors

S2130 (ACTIVE) - Details

See Assembly Version of this Bill:: A4568
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §17-2104, En Con L
Versions Introduced in 2017-2018 Legislative Session:: S8170, A10276

S2130 (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.

S2130 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2130

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to help reduce nitrogen contamination of
water bodies.

 
SUMMARY OF PROVISIONS:

This bill would add anew § 17-2104 to the Environmental Conservation Law
to require, in Nassau and Suffolk counties, the sale and use of non-a-
gricultural fertilizer containing not more than 12% nitrogen by weight.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

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 esti-
mated that fertilizer use contributed 15% of the total land-based nitro-
gen in the Great South Bay. In addition to nitrogen contributing, to
HABs, high nitrogen levels threaten Long-Island's aquifers, the area's
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. The
2017-18 state budget included $75 million included $75 million of the
$2.5 billion Clean Water Infrastructure Act of 2017, for a new state
rebate program to incentivize the replacemen t of failing septic systems
and cesspools. This legislation builds upon those recent efforts to
address high nitrogen levels on Long Island by ensuring that fertilizer,
one of the main sources of high nitrogen, sold and applied on Long
Island are low nitrogen and less water soluble than many fertilizers
currently are. Based on a phosphorus fertilizer restriction enacted in
2010, would not apply to farms and would limit the amount of nitrogen
that could be contained in fertilizer sold and used on Long Island.
Eliminating excessive nitrogen, which serves primarily to make grass
look greener, represents a common sense approach to limiting HABs.

 
PRIOR LEGISLATIVE HISTORY:

2018: A.10276 passed assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect December 31, 2021.

S2130 (ACTIVE) - Bill Text download pdf


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

                                  2130

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 22, 2019
                               ___________

Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
  printed to be committed 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 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.

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

                                                           LBD07671-01-9

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The New York State Senate

senate Bill S2130

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

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Co-Sponsors

S2130 (ACTIVE) - Details

S2130 (ACTIVE) - Summary

S2130 (ACTIVE) - Sponsor Memo

S2130 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2130

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Sponsored By

Todd Kaminsky

Current Bill Status - In Senate Committee Environmental Conservation Committee

Your Voice

Actions

Co-Sponsors

Anna M. Kaplan

Shelley B. Mayer

Julia Salazar

José M. Serrano

Kevin Thomas

S2130 (ACTIVE) - Details

S2130 (ACTIVE) - Summary

S2130 (ACTIVE) - Sponsor Memo

S2130 (ACTIVE) - Bill Text download pdf

Comments