Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H874 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1534 FILED ON: 1/18/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 874
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sarah K. Peake
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act regulating the application of fertilizer used in the town of Orleans.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Sarah K. Peake4th Barnstable1/11/2023 1 of 2
16	16	HOUSE DOCKET, NO. 1534 FILED ON: 1/18/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 874
18	18	By Representative Peake of Provincetown, a petition (accompanied by bill, House, No. 874) of
19	19	Sarah K. Peake (by vote of the town) regulating the application of fertilizer used in the town of
20	20	Orleans. Environment and Natural Resources. [Local Approval Received.]
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act regulating the application of fertilizer used in the town of Orleans.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. There is sound scientific evidence to conclude that nitrogen and phosphorus
30	30	2in fertilizers are contaminants that negatively affect fresh and salt waters when present in
31	31	3excessive amounts. These excessive amounts of nitrogen and phosphorus contribute to
32	32	4undesirable algae and aquatic plant growth within all Orleans water bodies. This undesirable
33	33	5algae and aquatic plant growth has an adverse effect on public health through the degradation of
34	34	6waters used for drinking water, shell fishing, and recreational swimming and boating.
35	35	7 SECTION 2. It is necessary to prohibit the application of fertilizer that contains
36	36	8phosphorus and nitrogen so as to improve the water quality of the Town of Orleans. The soils of
37	37	9Orleans are unique insofar as Orleans has significant amounts of coarse, sandy soils that are
38	38	10subject to rapid water infiltration, percolation and leaching of nutrients, and such unique local
39	39	11conditions require that Orleans prohibit the application of nitrogen and phosphorus added to soils
40	40	12through the application of fertilizers. This act should help Orleans to achieve compliance with 2 of 2
41	41	13the Total Maximum Daily Loads (TMDL) prescribed by the Commonwealth of Massachusetts
42	42	14for nitrogen and phosphorus in its waters.
43	43	15 SECTION 3. Notwithstanding any general or special law to the contrary, including but
44	44	16not limited to any general or special law conferring exclusive authority upon the Department of
45	45	17Agriculture to regulate and control the application of fertilizers elsewhere in the Commonwealth,
46	46	18the application of fertilizer containing nitrogen or phosphorus, or any other pollutants in the town
47	47	19of Orleans is prohibited, except for the purposes of commercial agricultural and the residential
48	48	20use of certified organic fertilizer with low nitrogen and phosphorus for the use in growing fruits
49	49	21and vegetables that is allowable under the USDA National Organic Program organic standards
50	50	22(OMRI listed).
51	51	23 SECTION 4. This act shall take effect upon passage.