|Introduced in House||Passed House||Introduced in Senate||Passed Senate||Became Law|
Lawn fertilizer; contractor-applicators.
Authorizes the Commissioner of Agriculture and Consumer Services to enter into an agreement with a locality to provide oversight and data collection assistance related to the requirements of certified lawn fertilizer contractor-applicators. Current law prohibits localities from regulating the registration, packaging, labeling, sale, use, application, storage, or distribution of fertilizers except by ordinance pursuant to certain requirements. The bill also reduces from 100 to 50 the total number of acres of nonagricultural land to which a contractor-applicator may apply lawn fertilizer and lawn maintenance fertilizer annually without submitting an annual report to the Commissioner. The bill increases from $250 to $1,000 the civil penalty imposed on a contractor-applicator for a violation of applicable regulations.
Be it enacted by the General Assembly of Virginia:
� 3.2-3602. Local government regulation of fertilizer.
A. No locality shall regulate the registration, packaging, labeling, sale, use, application, storage or distribution of fertilizers except by ordinance as provided for in the requirements of the Chesapeake Bay Preservation Act (� 62.1-44.15:67 et seq.), the Erosion and Sediment Control Law (� 62.1-44.15:51 et seq.), the Stormwater Management Act (� 62.1-44.15:24 et seq.) or other nonpoint source regulations adopted by the Department of Environmental Quality or the State Water Control Board. The provisions of this section shall not preempt the adoption, amendment, or enforcement of the Statewide Fire Prevention Code pursuant to � 27-97 and the Uniform Statewide Building Code pursuant to � 36-98.
B. The Commissioner may enter into an agreement with a locality to provide oversight and data collection assistance related to the requirements of certified contractor-applicators pursuant to � 3.2-3602.1.
� 3.2-3602.1. Board authorized to adopt regulations for the application of regulated products to nonagricultural property; civil penalty.
A. The Board shall adopt regulations to certify the competence of (i) contractor-applicators, (ii) licensees, and (iii) employees, representatives, or agents of state agencies, localities, or other governmental entities who apply any regulated product to nonagricultural lands.
B. The regulations shall establish (i) training requirements;
(ii) proper nutrient management practices in accordance with � 10.1-104.2,
including soil analysis techniques, equipment calibration, and the timing of
the application; and (iii) reporting requirements, including the submission of
an annual report as specified by the Commissioner regarding the location of
lawn fertilizer and lawn maintenance fertilizer applications.
Contractor-applicators and licensees who apply lawn fertilizer and lawn
maintenance fertilizer to more than a total of
100 50 acres of nonagricultural
lands annually and employees, representatives, or agents of state agencies,
localities, or other governmental entities who apply lawn fertilizer and lawn
maintenance fertilizer to nonagricultural lands shall submit an annual report
on or before February 1 and on a form prescribed by the Commissioner. The
annual report shall include the total acreage or square footage by zip code of
the land receiving lawn fertilizer and lawn maintenance fertilizer in the
preceding calendar year. The Department shall provide for optional reporting by
electronic methods. The Department shall make publicly available every year the
total acreage or square footage by zip code. Any personal information collected
pursuant to this section shall be exempt from the Virginia Freedom of
Information Act (� 2.2-3700 et seq.), except that the Commissioner may release
information that has been transformed into a statistical or aggregate form that
does not allow identification of the persons who supplied, or are the subject
of, particular information.
C. The Board may impose a civil penalty of up to
$1,000 on any contractor-applicator or licensee who fails
to comply with the regulations. The amount of the civil penalty shall be paid
into the special fund established in � 3.2-3617.
D. The Board shall form a technical advisory committee of stakeholders. The Board shall consult with the technical advisory committee of stakeholders and the Department of Conservation and Recreation in the development of the regulations.
E. Any person who is subject to regulation and who applies any regulated product to nonagricultural lands shall comply with the regulations within 12 months of the effective date of the regulations.
F. Contractor-applicators and licensees in compliance with regulations adopted by the Board pursuant to this section shall not be subject to local ordinances governing the use or application of lawn fertilizer and lawn maintenance fertilizer.
|01/24/2020||Senate||Senate: Read third time and passed Senate (39-Y 0-N)|
|01/22/2020||Senate||Senate: Constitutional reading dispensed (40-Y 0-N)|
|01/21/2020||Senate||Senate: Reported from Finance and Appropriations (16-Y 0-N)|
|01/14/2020||Senate||Senate: Reported from Agriculture, Conservation and Natural Resources (14-Y 0-N)|
|01/14/2020||Senate||Senate: Rereferred to Finance and Appropriations|
|01/08/2020||Senate||Senate: Prefiled and ordered printed; offered 01/08/20 20102703D|
|01/08/2020||Senate||Senate: Referred to Committee on Agriculture, Conservation and Natural Resources|