HB 1831 Fertilizer; regulation of application and labeling.
Edward T. Scott | all patrons    ...    notes
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Summary as passed: (all summaries)
Fertilizer; regulation of application and labeling. Prohibits the sale, distribution and use of lawn maintenance fertilizer containing phosphorus beginning December 31, 2013. The prohibition does not apply to starter fertilizer, manipulated manure, yard waste compost, products derived from sewage sledge, soils containing fertilizer and fertilizer products intended for gardening, tree, shrub and indoor planting application, including nurseries, or reclaimed water. Also, beginning on December 31, 2013, it will be unlawful to offer for sale any deicing agent containing urea, nitrogen, or phosphorus intended for application on parking lots, roadways, and sidewalks, or other paved surfaces. However, retailers are allowed to sell their existing inventory of lawn maintenance fertilizer and deicing agents. On this date, a label will be required on bags of lawn fertilizer that states that the product should not be applied near storm drains or drainage ditches or when heavy rain is expected.  

The Board of Agriculture and Consumer Services will be required to establish reporting requirements for contractor-applicators and licensees who apply lawn fertilizer to more than 100 acres of nonagricultural lands annually.  The report will include the total acreage or square footage and the location of where the fertilizer is being applied. The bill requires golf courses to implement nutrient management plans by July 1, 2017. The plans are to be submitted to the Department of Conservation and Recreation for review and approval. The Department is to provide technical assistance and training for golf course operators. The agency will also have to establish a cost-share program to assist in implementation of the nutrient management plan.

The Department of Agriculture and Consumer Services is authorized to develop consumer information and recommended best practices for the application of lawn fertilizer.  The agency is also required to provide a public listing of contractor-applicators who apply fertilizer on nonagricultural lands and have met the training requirements.

Finally, the bill prohibits localities from further regulating (i) contractor-applicators who are in compliance with the fertilizer laws, (ii) golf courses that have approved nutrient management plans, and (iii) agricultural operations with a resources management plan or a nutrient management plan. If localities find it necessary to adopt more stringent stormwater ordinances, they will have to report this fact to the Virginia Soil and Water Conservation Board. This bill is identical to SB 1055 (Stuart).

Full text:
01/11/11  House: Prefiled and ordered printed; offered 01/12/11 11103440D  pdf
02/02/11  House: Committee substitute printed 11104757D-H1  pdf | impact statement
02/14/11  Senate: Committee substitute printed 11105319D-S1  pdf | impact statement
02/24/11  House: Bill text as passed House and Senate (HB1831ER)  pdf | impact statement
03/22/11  Governor: Acts of Assembly Chapter text (CHAP0341)  pdf

Status:
01/11/11  House: Prefiled and ordered printed; offered 01/12/11 11103440D
01/11/11  House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
01/18/11  House: Assigned ACNRsub: #3 Chesapeake
01/27/11  House: Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
02/02/11  House: Reported from Agriculture, Chesapeake and Natural Resources with substitute (22-Y 0-N)
02/02/11  House: Committee substitute printed 11104757D-H1
02/02/11  House: Incorporates HB2348
02/02/11  House: Incorporates HB1751
02/02/11  House: Incorporates HB2463
02/03/11  House: Read first time
02/04/11  House: Read second time
02/04/11  House: Committee substitute agreed to 11104757D-H1
02/04/11  House: Engrossed by House - committee substitute HB1831H1
02/07/11  House: Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/07/11  House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
02/08/11  Senate: Constitutional reading dispensed
02/08/11  Senate: Referred to Committee on Agriculture, Conservation and Natural Resources
02/14/11  Senate: Reported from Agriculture, Conservation and Natural Resources with substitite (15-Y 0-N)
02/14/11  Senate: Committee substitute printed 11105319D-S1
02/15/11  Senate: Constitutional reading dispensed (40-Y 0-N)
02/16/11  Senate: Read third time
02/16/11  Senate: Reading of substitute waived
02/16/11  Senate: Committee substitute agreed to 11105319S1
02/16/11  Senate: Engrossed by Senate - committee substitute HB1831S1
02/16/11  Senate: Passed Senate with substitute (37-Y 3-N)
02/17/11  House: Placed on Calendar
02/18/11  House: Senate substitute agreed to by House 11105319D-S1 (94-Y 0-N)
02/18/11  House: VOTE: ADOPTION (94-Y 0-N)
02/24/11  House: Enrolled
02/24/11  House: Bill text as passed House and Senate (HB1831ER)
02/24/11  House: Signed by Speaker
02/24/11  Senate: Signed by President
03/22/11  Governor: Approved by Governor-Chapter 341 (effective 7/1/11)
03/22/11  Governor: Acts of Assembly Chapter text (CHAP0341)