What's happening
This bill restricts the use of phosphorus-containing lawn fertilizer in certain New York counties' watersheds and drainage basins, with penalties for violations.
Why it matters
Helps protect water quality in sensitive areas. By restricting phosphorus-containing fertilizers in designated watersheds and drainage basins, the bill targets a major source of nutrient pollution that can lead to harmful algal blooms, fish kills, and drinking water contamination.
Provides flexibility for necessary uses. The legislation allows exceptions for newly established lawns, certain low-phosphorus soils (with lab verification), agricultural activities, and gardens—helping to balance environmental protection with practical land management needs.
Increases public awareness and compliance. Requiring vendors to display maps and educational signage about phosphorus impacts, and mandating the sale of zero-phosphorus fertilizers, aims to inform consumers and encourage environmentally conscious choices.
Imposes escalating penalties for violations. The bill establishes clear and increasing fines for both individuals and commercial applicators who break the rules, creating a financial incentive to comply and potentially deterring repeat offenses.
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Limit Lawn Fertilizer Near Water
Plain English, a few words. Used as the page title.
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History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Fertilizer Near Watersheds
In Senate Committee · Environmental Conservation · Sponsor Kenneth P. LaValle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 1626 A. 965
2017-2018 Regular Sessions
SENATE - ASSEMBLY
January 10, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the application of lawn fertilizer to watersheds and drainage basins
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 33-1006 to read as follows: § 33-1006. Application of lawn fertilizer to watersheds or drainage
basins in certain counties.
1. For purposes of this section, the following terms shall have the following meanings:
a. "Agriculture uses" means beekeeping, dairying, egg production, floriculture, fish or fur farming, forest and game management; grazing; livestock raising; orchards; plant greenhouses and nurseries; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts, berries, sod farming and vegetable raising.
b. "Lawn fertilizer" means any fertilizer, whether applied by property owner, renter or commercial entity, intended for nonagricultural use, such as for lawns, golf courses, parks and cemeteries. Lawn fertilizer does not include fertilizer products intended primarily for garden or indoor use.
2. a. Effective March first, two thousand nineteen, in any county where the county legislature has adopted a local law, no person shall apply any lawn fertilizer within any watershed or drainage basin that is labeled as containing more than zero percent phosphorus, except as provided in subdivision three of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07144-01-7
S. 1626 2 A. 965
b. In such county, no lawn fertilizer shall be applied when the ground is frozen.
c. In such county, no person shall apply lawn fertilizer to any impervious surface including parking lots, roadways, and sidewalks. If such application occurs, the fertilizer shall be immediately removed from such surfaces and either legally applied to turf or placed in an appropriate container.
3. The restrictions upon the use of lawn fertilizer under subdivision two of this section shall not apply to:
a. Newly established turf or lawn areas during their first growing season.
b. Turf or lawn areas that soil tests, performed within the past three years by a state certified soil testing laboratory or other qualified or recognized authority in the area of soil analysis, confirm are below phosphorus levels established by the Cornell Cooperative Extension. The lawn fertilizer application shall not contain an amount of phosphorus exceeding the amount and rate of application recommended in the soil test evaluation.
c. Agricultural uses, vegetable and flower gardens, or application to trees or shrubs.
d. Yard waste compost, bio-solids or other similar materials that are primarily organic in nature and are applied to improve the physical condition of the soil.
4. Effective March first, two thousand nineteen, all vendors of lawn fertilizer within any such county shall display a map of the affected watershed or drainage basin and a sign containing the provisions set forth in this section and the effects of phosphorus on such watershed or drainage basin. All vendors shall offer fertilizer that is labeled as containing 0% phosphorus.
§ 2. Subdivision 1 of section 71-2907 of the environmental conservation law is amended by adding a new undesignated paragraph to read as follows:
Notwithstanding any other provision of law to the contrary, any person who violates subdivision two of section 33-1006 of this chapter in the application of lawn fertilizer at his or her residence shall be subject to a civil infraction penalty of one hundred dollars per violation. Any commercial fertilizer applicator, residential or commercial developer, industrial or commercial owner, and any person who violates subdivision two of section 33-1006 of this chapter shall be subject to a civil infraction penalty of two hundred dollars for the first violation within a twelve month period; three hundred five dollars for the second violation within a twelve month period; and five hundred dollars for the third and each subsequent violation within a twelve month period.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.