HB 1293-FN - AS AMENDED BY THE HOUSE
22Feb2024... 0494h
2024 SESSION
24-2158
08/02
HOUSE BILL 1293-FN
AN ACT relative to the use of certain fertilizers on turf.
SPONSORS: Rep. Ball, Rock. 25; Rep. Rung, Hills. 12; Rep. B. Boyd, Hills. 12; Rep. Ankarberg, Straf. 7; Rep. Read, Rock. 10; Rep. Bordes, Belk. 5; Rep. Petrigno, Hills. 43
COMMITTEE: Environment and Agriculture
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ANALYSIS
This bill prohibits the use of certain fertilizers using phosphorus.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Feb2024... 0494h 24-2158
08/02
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the use of certain fertilizers on turf.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definitions; Soil and Plant Additives; Fertilizers. RSA 431:3 is repealed and reenacted to read as follows:
431:3 Definitions. In this subdivision:
I. “Available nitrogen” means water soluble nitrogen in either ammoniacal, urea, or nitrate form that does not have either slow or controlled release properties.
II. “Available phosphate” means the sum of the water soluble and the citrate soluble phosphate.
III. "Brand" means a term, design, or trademark used in connection with one or several grades of fertilizer.
IV. "Bulk fertilizer" means a fertilizer distributed in a non-packaged form.
V. "Commissioner" means the commissioner of agriculture, markets, and food or the commissioner's authorized agent.
VI. "Deficiency" means the amount of nutrient found by analysis less than that guaranteed which may result from a lack of nutrient ingredients or from lack of uniformity.
VII. "Department" means the department of agriculture, markets, and food of the state of New Hampshire.
VIII. "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend fertilizer, or to offer for sale, sell, barter, or otherwise supply fertilizer in this state.
IX. "Distributor" means any person who distributes.
X. "Enhanced efficiency fertilizer" means lawn fertilizer products with characteristics that allow increased plant uptake and reduce potential of nutrient losses to the environment when compared to an appropriate reference product.
XI. "Fertilizer" means any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other products exempted by rule by the commissioner. "Fertilizer" shall not include any horticultural growing medium as defined in RSA 433-A:3, VI.
XII. "Fertilizer material" means a fertilizer which:
(a) Contains important quantities of no more than one of the following primary plant nutrients, nitrogen (N), phosphorous (P), and potassium (K); or
(b) Has 85 percent or more of its plant nutrient content present in the form of a single chemical compound; or
(c) Is derived from a plant or animal residue or byproduct or natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.
XIII. "Grade" means the percentage of total nitrogen, available phosphate, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis, provided that:
(a) Specialty fertilizers may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphate, and soluble potash.
(b) Fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units.
XIV. "Guaranteed analysis" means the minimum percentage by weight of plant nutrients claimed to be present in a fertilizer.
XV. "Impervious surface" means any modified surface that cannot effectively absorb or infiltrate water. Examples of impervious surfaces include, but are not limited to, roofs, and unless designed to effectively absorb or infiltrate water, decks, patios, and paved, gravel, or crushed stone driveways, parking areas, and walkways.
XVI. "Investigational allowance" means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of fertilizer.
XVII. "Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer.
XVIII. "Labeling" means all written, printed, or graphic matter, upon or accompanying any fertilizer, or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer.
XIX. “Low phosphate fertilizer” means fertilizer products intended for new or established urban turf or lawns, with available phosphate levels equal to or above 0.5 percent P2O5 and an application rate not to exceed 0.25 pounds P2O5 per 1000 square feet per application and 0.5 pounds P2O5 per 1000 square feet per year.
XX. "Mixed fertilizer" means a fertilizer containing any combination or mixture of fertilizer materials.
XXI. "Natural inorganic fertilizer" means a mineral nutrient source that exists in or is produced by nature and may be altered from its original state only by physical manipulation.
XXII. "Natural organic turf fertilizer" means materials derived from either plant or animal products containing one or more elements other than carbon, hydrogen, and oxygen which are essential for plant growth. These materials may be subject to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic, or anaerobic/aerobic bacterial action, or any combination of these. These materials shall not be mixed with synthetic materials or changed in any physical or chemical manner from their initial state except by manipulations such as drying, cooking, chopping, grinding, shredding, hydrolysis, or pelleting. These products may be supplemented with natural inorganic fertilizers not containing phosphorus.
XXIII. “New urban turf” means urban turf established less than 12 months.
XXIV. “No phosphate fertilizer” means fertilizer products with phosphate levels below 0.5 percent intended for established urban turf or lawns.
XXV. "Official sample" means any sample of fertilizer taken by the commissioner and designated as "official" by the commissioner.
XXVI. "Percent" or "percentage" means the percentage by weight.
XXVII. "Person" means any individual, firm, company, partnership, corporation, association, cooperative, business trust, or legal entity of any kind.
XXVIII. “Phosphorus deficiency" means soil test results from a laboratory indicating that additional phosphorus is needed for establishing or maintaining that lawn or turf.
XXIX. "Plant biostimulant" means a substance, microorganism, or mixture thereof, that, when applied to seeds, plants, the rhizosphere, soil or other growth media, acts to support a plant's natural nutrition processes independently of the plant biostimulant's nutrient content, improving nutrient availability, uptake or use efficiency, tolerance to abiotic stress, and consequent growth, development, quality, or yield. The commissioner may clarify the definition of plant biostimulant by rule in order to maintain consistency with United States Department of Agriculture requirements.
XXX. "Primary nutrient" means nitrogen, available phosphate, and soluble potash.
XXXI. "Registrant" means the person who registers fertilizer under the provisions of this subdivision.
XXXII. "Specialty fertilizer" means a fertilizer distributed for non-farm use.
XXXIII. "Ton" means a net weight of 2,000 pounds avoirdupois.
XXXIV. "Turf" or "lawn" means non-agricultural land planted in closely mowed, managed grasses except golf courses, parks, athletic fields, and sod farms.
XXXV. “Turf fertilizer” means no-phosphate or low phosphate fertilizer intended for urban turf or lawns
XXXVI. “Urban Turf or Lawns” means non-agricultural land planted in closely mowed, managed grasses except golf courses, parks, and athletic fields.
XXXVII. "Water" means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, and all bodies of surface water, artificial or natural, that are contained within, flow through, or border upon the state or any portion of it.
2 Nitrogen Content of Turf Fertilizer. Amend RSA 431:4-a to read as follows:
431:4-a Nitrogen Content of Turf Fertilizer.
I. No turf fertilizer sold at retail shall exceed an application rate of 0.7 pounds per 1,000 square feet of soluble nitrogen per application [when applied according to the instructions on the label].
II. No turf fertilizer sold at retail shall exceed an application rate of 0.9 pounds per 1,000 square feet of total nitrogen per application [when applied according to the instructions on the label].
III. No turf fertilizer shall exceed an annual application rate of 3.25 pounds per 1,000 square feet of total nitrogen when applied [according to the instructions on the label].
IV. No enhanced efficiency fertilizer shall exceed a single application rate of 2.5 pounds per 1,000 square feet of total nitrogen and an annual application rate of 3.25 pounds per 1,000 square feet of total nitrogen nor release at greater than 0.7 pounds per 1,000 square feet per month [when applied according to the instructions on the label].
3 Phosphorus Content of Turf Fertilizer. Amend RSA 431:4-b to read as follows:
431:4-b Phosphorus Content of Turf Fertilizer.
I. No no-phosphate fertilizer sold at retail [that is intended] for use on turf shall [exceed a content level of 0.67% available phosphate unless specifically labeled for establishing new lawns, for repairing a lawn, for seeding, or for use when a soil test indicates a phosphorus deficiency] have an available phosphate level in excess of 0.5 percent.
II. No turf fertilizer sold at retail that is intended for use on newly established or repaired lawns, or for lawns testing deficient in phosphorus shall exceed an application rate of [one pound per 1,000 square feet annually of available phosphate] 0.25 pounds P2O5 per 1,000 square feet per application and 0.5 pounds P2O5 per 1,000 square feet per year.
III. No natural organic turf fertilizer shall exceed a per application rate of one pound of available phosphate per 1,000 square feet[when applied according to the instructions on the label].
4 New Section; Application of Fertilizer to Urban Turf and Lawn. Amend RSA 431 by inserting after section 4-d the following new sections:
431:4-e Application of Fertilizer to Urban Turf and Lawn.
I. The provisions of this paragraph relative to the application of fertilizer to urban turf and lawn shall not apply to golf courses and sod farms operating in accordance with best management practices for chemical fertilizers published by the department.
II. Only fertilizer products approved as a turf fertilizer in accordance with RSA 431:4-a and RSA 431:4-b shall be applied to urban turf or lawn.
III. No fertilizer shall be applied to urban turf or lawn during heavy rain (equal to or greater than 2 inches in 24 hours) or when heavy rain is predicted. No fertilizer shall be applied to urban turf or lawn when the ground is frozen. No fertilizer shall be applied to turf when turf grass is not actively growing.
IV. No fertilizer shall be applied to impervious surfaces as defined in RSA 431:3. Fertilizer inadvertently released on an impervious surface shall be immediately collected for legal application to a target area or disposal.
V. No fertilizer shall be applied to urban turf or lawn within 25 feet of a storm drain. No fertilizer shall be deposited where it can enter a storm drain.
VI. No fertilizer shall be applied within 25 feet of waters as defined in RSA 431:3.
VII. Restrictions relative to the application of turf fertilizers sold at retail fertilizer shall apply to all persons including licensed commercial, certified applicators unless otherwise noted.
431:4-f Public Education Regarding Application of Fertilizer to Urban Turf and Lawns.
I. If a retailer sells or offers for sale fertilizer to consumers, the retailer shall post in all retail locations where fertilizer is accessible to the consumer a clearly visible turf-information sign as designed by the department that is at least 8.5 inches by 11 inches in size informing the consumer about the environmental threats of run-off and referencing New Hampshire laws relative to fertilizer application.
II. The department shall design the turf fertilizer information sign and make it available on-line to retailers in the form of a PDF or other digital document.
III. The signs shall contain information about the environmental threats posed by nutrient run-off into water bodies and the restrictions on application of fertilizer to turf and lawns in RSA 431:4-e.
5 Effective Date. This act shall take effect January 1, 2025.
24-2158
Amended 2/29/24
HB 1293-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-0494h)
AN ACT relative to the use of certain fertilizers on turf.
FISCAL IMPACT: [ ] State [ ] County [ ] Local [ X ] None
METHODOLOGY:
The Office of Legislative Budget Assistant states this bill, as amended by the House, has no fiscal impact on state, county and local expenditures or revenue.
AGENCIES CONTACTED:
Department of Agriculture, Markets and Food
| Date | Amendment |
|---|---|
| Feb. 8, 2024 | 2024-0494h |
| Date | Body | Type |
|---|---|---|
| Jan. 8, 2024 | House | Hearing |
| Jan. 22, 2024 | House | Exec Session |
| Feb. 6, 2024 | House | Exec Session |
| Feb. 6, 2024 | House | Floor Vote |
| March 5, 2024 | House | Hearing |
| March 6, 2024 | House | Exec Session |
| March 6, 2024 | House | Exec Session |
| March 6, 2024 | House | Floor Vote |
March 26, 2024: Introduced 03/21/2024 and Referred to Energy and Natural Resources; SJ 8
March 21, 2024: Ought to Pass: MA VV 03/21/2024 HJ 9
March 15, 2024: Committee Report: Ought to Pass 03/06/2024 (Vote 20-0; CC)
Feb. 28, 2024: Executive Session: 03/06/2024 01:30 pm LOB 202-204
Feb. 28, 2024: Executive Session: 03/06/2024 01:30 pm LOB 202-204
Feb. 28, 2024: Full Committee Work Session: 03/06/2024 09:30 am LOB 202-204
Feb. 28, 2024: Public Hearing: 03/05/2024 11:00 am LOB 202-204
Feb. 22, 2024: Referred to Ways and Means 02/22/2024 HJ 6
Feb. 22, 2024: Ought to Pass with Amendment 2024-0494h: MA VV 02/22/2024 HJ 6
Feb. 22, 2024: Amendment # 2024-0494h: AA VV 02/22/2024 HJ 6
Feb. 9, 2024: Committee Report: Ought to Pass with Amendment # 2024-0494h (NT) 02/06/2024 (Vote 20-0; CC)
Jan. 30, 2024: Executive Session: 02/06/2024 10:00 am LOB 301-303
Jan. 16, 2024: Full Committee Work Session: 01/22/2024 02:30 pm LOB 301-303
Jan. 5, 2024: ==CANCELLED== Executive Session: 01/22/2024 02:30 pm LOB 301-303
Jan. 5, 2024: Public Hearing: 01/08/2024 10:00 am LOB 301-303
Dec. 6, 2023: Introduced 01/03/2024 and referred to Environment and Agriculture HJ 1