| VETO MESSAGE ON ESHB 1489 |
| April 14, 2011 |
| To the Honorable Speaker and Members, |
| The House of Representatives of the State of Washington |
| Ladies and Gentlemen: |
| I am returning herewith, without my approval as to Section 4, Engrossed Substitute House Bill 1489 entitled: |
"AN ACT Relating to protecting water quality through restrictions on fertilizer containing phosphorus." |
| This bill limits the use, sale, and retail display of turf fertilizer that contains phosphorus, as of January 1, 2013. |
| Section 4 would prevent the Department of Agriculture from enforcing the bill through the issuance of civil penalties. Without this tool, the Department would be unable to effectively implement the bill. |
| For this reason, I have vetoed Section 4 of Engrossed Substitute House Bill 1489. |
| It is unfortunate that the final bill did not include the exemption for fertilizers made from biosolids, manure and other organic materials. These products provide a valued and beneficial use of materials that would otherwise need to be managed as waste. Since the bill is not effective until January 2013, I would entertain legislation in 2012 to exempt these organic products from the limits established in the bill. |
| With the exception of Section 4, Engrossed Substitute House Bill 1489 is approved. |
| Respectfully submitted, |
| Christine Gregoire |
| Governor |