What's happening
This bill restricts the sale and use of high-nitrogen fertilizer on lawns and turf in Nassau and Suffolk counties, allowing only low-nitrogen fertilizer.
Why it matters
Targets water quality protection. By restricting high-nitrogen fertilizers—which are a major source of nitrogen runoff—the bill aims to reduce groundwater and surface water contamination, an especially urgent issue for Long Island, where drinking water comes from vulnerable aquifers.
Encourages use of slow-release fertilizers. The mandate that at least half the nitrogen in fertilizers be water-insoluble (slow-release) helps limit nutrient spikes, decreasing the risk of algae blooms and ecosystem damage in local bays and estuaries.
Signals possible statewide action. The required report on whether to expand these restrictions statewide means this bill could set a precedent for broader fertilizer regulations across New York, hinting at possible future changes for other regions.
Preserves agricultural flexibility. The law specifically exempts agricultural uses and maintains the authority of the agriculture commissioner, ensuring that food production and farming practices are not directly affected by these new restrictions.
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Who cares
Headline styles
Limit Nitrogen in Fertilizer
Plain English, a few words. Used as the page title.
Sponsors
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.
Limit Lawn Nitrogen Fertilizer
Assembly Floor Calendar · Sponsor Steven Englebright
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2130
2019-2020 Regular Sessions
IN SENATE
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 Assembly, 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, commonly 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 fertilizer 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.