SB 849

            
2020 SESSION

20102703D

SENATE BILL NO. 849


Offered January 8, 2020


Prefiled January 8, 2020

A BILL to amend and reenact �� 3.2-3602 and 3.2-3602.1 of the 
 Code of Virginia, relating to lawn fertilizer contractor-applicators.
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Patron-- Mason

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Referred to Committee on Agriculture, Conservation and Natural Resources

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Be it enacted by the General Assembly of Virginia:
 
 
1. That �� 3.2-3602 and 3.2-3602.1 of the Code of Virginia 
 are amended and reenacted as follows:
 
 
� 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 $250 
 $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.