Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S468 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2466 FILED ON: 2/8/2023
3	3	SENATE . . . . . . . . . . . . . . No. 468
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
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 prohibiting the application of fertilizer used in the town of Nantucket except for farming
13	13	purposes.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Julian CyrCape and IslandsDylan A. FernandesBarnstable, Dukes and Nantucket 1 of 2
17	17	SENATE DOCKET, NO. 2466 FILED ON: 2/8/2023
18	18	SENATE . . . . . . . . . . . . . . No. 468
19	19	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 468) of Julian Cyr and Dylan A.
20	20	Fernandes (by vote of the town) for legislation to prohibit the application of fertilizer used in the
21	21	town of Nantucket except for farming purposes. Environment and Natural Resources. [Local
22	22	approval received]
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE SENATE, NO. 3101 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act prohibiting the application of fertilizer used in the town of Nantucket except for farming
31	31	purposes.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. There is sound scientific evidence to conclude that nitrogen and phosphorus
35	35	2in fertilizers are contaminants that negatively affect fresh and salt waters when present in
36	36	3excessive amounts. These excessive amounts of nitrogen and phosphorus contribute to
37	37	4undesirable algae and aquatic plant growth within all Nantucket water bodies. This undesirable
38	38	5algae and aquatic plant growth has an adverse effect on public health through the degradation of
39	39	6waters used for drinking water, shell fishing, and recreational swimming and boating.
40	40	7 SECTION 2. It is necessary to prohibit the application of fertilizer that contains nitrogen
41	41	8and phosphorus so as to improve the water quality of the Town of Nantucket. The soils of
42	42	9Nantucket are unique insofar as Nantucket has significant amounts of coarse, sandy soils that are 2 of 2
43	43	10subject to rapid water infiltration, percolation and leaching of nutrients, and such unique local
44	44	11conditions require that Nantucket prohibit the application of nitrogen and phosphorus added to
45	45	12soils through the application of fertilizers. This Act should help Nantucket to achieve compliance
46	46	13with the Total Maximum Daily Loads (TMDL) prescribed by the Commonwealth of
47	47	14Massachusetts for nitrogen and phosphorus in its waters.
48	48	15 SECTION 3. Notwithstanding any general or special law to the contrary, including but
49	49	16not limited to any general or special law conferring exclusive authority upon the Department of
50	50	17Agriculture to regulate and control the application of fertilizers elsewhere in the Commonwealth,
51	51	18the application of fertilizer containing nitrogen or phosphorus, or any other pollutants in the
52	52	19Town of Nantucket, is hereby prohibited.
53	53	20 SECTION 4. This act shall take effect upon passage.