Relates to the regulation of the sale and analysis of fertilizer

1 Co-sponsor

• Patrick M. Gallivan

BILL NUMBER:S3909

Title of bill

An act to amend the agriculture and markets law, in relation to regulation of the sale and analysis of fertilizer

Purpose or general idea of bill

This bill would provide sole authority for the regulation of the sale and analysis of fertilizer to the New York State Department of Agriculture and Markets, and would render any local legislation in violation of this section void and unenforceable.

Summary of specific provisions

Section 1 amends the Agriculture and Markets Law by adding a new Section 145-a, prohibiting municipal governments from adopting any regulations on fertilizer that are different from or in addition to any such requirement adopted in accordance with Article 10; renders any local legislation in violation of this section void and unenforceable; and does not preempt or otherwise limit the authority of any county or municipality to adopt and enforce zoning regulations, fire codes, building codes or wasted disposal restrictions.

The bill does not change the Department of Environmental Conservation's sole authority under NYS Environmental Law Section 17-2105 to regulate application of fertilizer, however, it does create, under the regulation of the Department of Agriculture and Markets, a standard of state law for labeling and sale that would not be preempted by local law.

Section 2 sets the effective date.

Justification

Municipal governments are beginning to pass local laws regulating the sale and application of fertilizers with the belief that application of them is harmful to the environment and, specifically, that restricting fertilizer use will improve the quality of drinking water. This theory has no basis in science and, in fact, has been proven to be incorrect. In fact, these local regulations may do more harm than good.

A Cornell University study showed that soil depth is the most significant factor in predicting runoff volumes. However, the level of contaminant input to freshwater bodies is a function of numerous factors, many of which are interrelated and difficult to measure with certainty. Reductions in contaminant input can be achieved through intelligent development, in conjunction with correct land management practices.

Allowing for local regulations will create a patchwork of differing fertilizer application requirements from municipality to municipality that will make it very difficult - and costly - for applicators to achieve compliance. This will drive landscapers and fertilizer applicators out of business while driving the cost of fertilizer applications up, placing an undue share of the burden on the consumer. Additionally, the local governments considering these regulations often do not have the scientific or environmental expertise to create and enforce local fertilizer regulations, nor have they considered the

cost of the program, which very likely could cause local tax increases.

This legislation, therefore, provides preemptive responsibility for the regulation of the application of fertilizer to the one agency in the state with the expertise required to do so - the New York State Department of Agriculture and Markets.

Prior legislative history

2011,2012: S.848/A.6908 Advanced to Third Reading 2009,2010: S.2475/A.6039 Referred to Agriculture 2007,2008: S.8493/A.11521 Referred to Rules

Fiscal implications

None to the state. Additionally, this legislation could serve to avert unforeseen tax increases on the local level.

Effective date

This act shall take effect immediately.