SHB 1489 -
By Representative Morris
ADOPTED 02/28/2011
Beginning on page 6, line 17, strike all of sections 3 through 6 and insert the following:
"NEW SECTION. Sec. 3 A new section is added to chapter 15.54 RCW
to read as follows:
(1) A person may not:
(a) Except as otherwise provided in this section, apply turf
fertilizer that is labeled as containing phosphorus to turf;
(b) Apply turf fertilizer labeled as containing phosphorus to turf
when the ground is frozen;
(c) Intentionally apply turf fertilizer labeled as containing
phosphorus to an impervious surface;
(d) Except as otherwise provided in this section, sell turf
fertilizer that is labeled as containing phosphorus; or
(e) Display turf fertilizer that is labeled as containing
phosphorus in a retail store unless the turf fertilizer is also clearly
labeled for a use permitted by this section.
(2) The prohibitions in this section on the application, sale, and
retail display of turf fertilizer that is labeled as containing
phosphorus, other than the prohibitions in subsection (1)(b) and (c) of
this section, do not apply in the following instances:
(a) Application for the purpose of establishing grass or repairing
damaged grass, using either seeds or sod, during the growing season in
which the grass is established;
(b) Application to an area if the soil in the area is deficient in
plant available phosphorus, as shown by a soil test performed no more
than thirty-six months before the application; or
(c) Application to pasture, interior house plants, flower and
vegetable gardens located on either public or private property, land
used to grow grass for sod, or any land used for agricultural or
silvicultural production.
(3)(a) Nothing in this section:
(i) Limits the ability of a city or county to adopt a local
ordinance regarding the application or sale of turf fertilizer that is
labeled as containing phosphorus that is more restrictive than the
provisions of this section;
(ii) Requires the enforcement or monitoring of compliance with this
section by local governments; or
(iii) Requires local governments to participate in the
administration of this section, including the verification of soil
tests under subsection (2)(b) of this section.
(b) A city or county may not adopt a local ordinance regarding the
application or sale of turf fertilizer that is labeled as containing
phosphorus that is less restrictive than this section."
Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.
On page 7, line 27, after "violations of" strike "sections 3, 5, and 6" and insert "section 3"
On page 8, line 18, after "violations of" strike "sections 3, 5, and 6" and insert "section 3"
EFFECT: Consolidates the substantive portions of the bill into one section and adds language expressly allowing a local government to adopt more restrictive ordinances.