BILL REQ. #:  H-1028.1 

Read first time 01/24/11.   Referred to Committee on Environment.

     AN ACT Relating to protecting water quality through restrictions on fertilizer containing phosphorus; and adding a new chapter to Title 90 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) Phosphorus loading of surface waters can stimulate the growth of weeds and algae and that this growth can have adverse environmental, health, and aesthetic effects;
     (b) Lawn fertilizer contributes to phosphorus loading. Limits on fertilizer containing phosphorus can significantly reduce the discharge of phosphorus into the state's ground and surface waters;
     (c) Fertilizer containing no or very low amounts of phosphorus is readily available and maintaining established turf in a healthy and green condition is not dependent upon the addition of phosphorus fertilizer; and
     (d) While significant reductions of phosphorus from laundry detergent and dishwashing detergent have been achieved, similar progress in reducing phosphorus contributions from fertilizer has not been accomplished.
     (2) It is the intent of the legislature that this chapter significantly limit the use of fertilizer containing the plant nutrient phosphorus.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Department" means the department of ecology.
     (2) "Director" means the director of the department.
     (3) "Fertilizer" has the same meaning as the term "commercial fertilizer" as defined in RCW 15.54.270. However, the term "fertilizer" does not include the following:
     (a) Materials including, but not limited to, substances containing phosphorus derived solely from natural organic sources;
     (b) Manipulated animal or vegetable manure; and
     (c) Compost biosolids, or products derived from compost biosolids, that are regulated under chapter 70.95 or 70.95J RCW or rules adopted under those chapters.
     (4) "Impervious surface" includes a highway, street, sidewalk, parking lot, driveway, or other artificial surface that prevents infiltration of water into the soil.
     (5) "Turf" means land, including residential property and publicly owned land, that is planted in closely mowed, managed grass. However, "turf" does not include pasture, land used to grow grass for sod, or any other land used for agricultural production or a residential vegetable or flower garden.

NEW SECTION.  Sec. 3   (1) Except as otherwise provided in section 4 of this act, after January 1, 2013, a person may not apply fertilizer that is labeled as containing phosphorus.
     (2) A person may not apply fertilizer containing phosphorus, manipulated animal or vegetable manure, or biosolids product to turf when the ground is frozen.
     (3)(a) No person may intentionally apply fertilizer containing phosphorus, manipulated animal or vegetable manure, or biosolid product to an impervious surface.
     (b) If a person accidentally applies fertilizer containing phosphorus, manipulated animal or vegetable manure, or biosolid product to an impervious surface, he or she must immediately contain the applied material and either:
     (i) Legally apply the material to another legal site; or
     (ii) Return the material to the original container or another appropriate container.

NEW SECTION.  Sec. 4   Section 3(1) of this act does not apply in the following instances:
     (1) The application of fertilizer for the purpose of establishing grass, using either seed or sod, during the growing season in which grass is established;
     (2) The application of fertilizer for agricultural uses or residential and public flower and vegetable garden uses; or
     (3) The application of fertilizer to an area if the soil in the area is deficient in phosphorus. The phosphorus deficiency must be demonstrated through laboratory test results, or other turf specialist certification, performed within the three years previous to the application that indicates the level of available phosphorus in the soil to be insufficient to support healthy turf growth. In addition, the test results or certification, and the application rate, must be consistent with standards set by the best available science in consultation with the Washington State University extension service.

NEW SECTION.  Sec. 5   (1) Except as otherwise provided in this section, no person may sell at retail fertilizer that is labeled as containing phosphorus.
     (2) The retail sale of fertilizer that is labeled as containing phosphorus is allowed if the purchaser indicates that the fertilizer is intended for the following purposes:
     (a) The establishment of grass, using either seed or sod, during the growing season in which the purchaser began establishing the grass;
     (b) Application to an area if the soil in the area is deficient in phosphorus, as shown by a soil test performed no more than thirty-six months before the application by a laboratory that is certified by the department to conduct tests for soil phosphorus; or
     (c) Application to pasture, land used to grow grass for sod, or any other land used for agricultural production.

NEW SECTION.  Sec. 6   No person who sells fertilizer at retail may display fertilizer that is labeled as containing phosphorus. A person who sells fertilizer at retail may post a sign advising customers that fertilizer containing phosphorus is available upon request for uses permitted by section 5 of this act.

NEW SECTION.  Sec. 7   Sections 1 through 6 of this act constitute a new chapter in Title 90 RCW.