PLNA Supports New Version of Fertilizer Bill

HARRISBURG – A new version of the fertilizer bill (SB 251) that has been wending its way through the General Assembly was reintroduced this spring with PLNA-endorsed amendments.

Last fall, PLNA worked with the Department of Agriculture to fine tune parts of the legislation to align it more with the existing pesticide certification program. This will help to minimize cost and effort on the part of the industry in complying with the potential new regulatory program.

PLNA Chair Katie Dubow wrote in a letter to chairman of the Senate Agriculture and Rural Affairs Committee Elder Vogel (R – Butler) whose committee was considering the bill:

We appreciate that Senator Yaw incorporated the language we negotiated with PDA into SB 251. This language will simplify the administrative aspects of the program and lead to quicker implementation and compliance by Pennsylvania’s lawn care professionals.

I would like to affirm that PLNA completely supports the water quality goals and the turf grass fertilizer application best management practices (BMPs) in §6851 and §6852. These BMPs are already embraced by most applicators in the industry.

The amended bill contains the following provisions:

• Fertilizer Application Business - Requires that each company location applying fertilizer for hire register with PDA and pay a $100 annual fee. The company must also keep detailed records of employees applying fertilizers and of all fertilizer applications. Each company must have at least one certified fertilizer applicator in its employ.
• Registration Number - Requires that a fertilizer application business display a fertilizer registration number on each vehicle involved in fertilizer application at least 3” high on each side of the vehicle. PDA has committed to allow businesses with an existing BU number to use that number as their fertilizer registration number.
• Certification Exam - Requires that commercial fertilizer applicators pass a certification exam and maintain their certification by acquiring four CEU’s over three years. A commercial fertilizer applicator must be employed by a registered fertilizer application business.
• Grandfathered - The bill allows those with existing pesticide certifications in certain categories to be grandfathered into the fertilizer program until their core pesticide license must be renewed. At that point, grandfathered fertilizer applicators must show evidence they have met the fertilizer recertification requirements for continuing education.
• Fertilizer Technicians may be trained by certified commercial fertilizer applicators within companies. Once trained, fertilizer technicians may apply fertilizer without direct supervision. Employees not trained as fertilizer technicians may apply fertilizer, but only under the direct onsite supervision of a certified applicator.
• Application Rates – The bill set limits on the rates at which fertilizer may be applied to turf grass to 0.9 pounds of nitrogen per 1,000 square feet in a single application. No phosphorous may be applied unless the purpose is to establish a new lawn. PDA has the authority to modify these application rates by regulation if research shows that such modification is warranted.
• Site-Specific Plan – The application limits in the bill may be modified according to a site-specific plan that is based on soil tests conducted every three years.
• Confidentiality of Information – Individual customer information provided to PDA under the bill would be exempt from the Right to Know Act.
• Local Preemption – The bill contains language that prohibits local governments from developing fertilizer ordinances that conflict with the bill and prohibits local governments from levying penalties for which the state has levied a penalty.

This is just a summary of bill’s provisions. if your company applies fertilizer to turf grass, please download a copy of the bill by clicking here and review the details. Call or email Gregg Robertson at 717.533.2056 if you have any questions or comments.

The bill was reported out of committee and is now awaits consideration by the full Senate.