1 of 1
HOUSE DOCKET, NO. 1573 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 994
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Hadley Luddy and Julian Cyr
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act regulating the application of fertilizer used in the town of Orleans.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Hadley Luddy4th Barnstable1/15/2025Julian CyrCape and Islands1/15/2025 1 of 2
HOUSE DOCKET, NO. 1573 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 994
By Representative Luddy of Orleans and Senator Cyr, a joint petition (accompanied by bill,
House, No. 994) of Hadley Luddy and Julian Cyr (by vote of the town) relative to regulating the
application of fertilizer used in the town of Orleans. Environment and Natural Resources.
[Local Approval Received.]
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 874 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act regulating the application of fertilizer used in the town of Orleans.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. There is sound scientific evidence to conclude that nitrogen and phosphorus
2in fertilizers are contaminants that negatively affect fresh and salt waters when present in
3excessive amounts. These excessive amounts of nitrogen and phosphorus contribute to
4undesirable algae and aquatic plant growth within all Orleans water bodies. This undesirable
5algae and aquatic plant growth has an adverse effect on public health through the degradation of
6waters used for drinking water, shell fishing, and recreational swimming and boating.
7 SECTION 2. It is necessary to prohibit the application of fertilizer that contains
8phosphorus and nitrogen so as to improve the water quality of the Town of Orleans. The soils of
9Orleans are unique insofar as Orleans has significant amounts of coarse, sandy soils that are 2 of 2
10subject to rapid water infiltration, percolation and leaching of nutrients, and such unique local
11conditions require that Orleans prohibit the application of nitrogen and phosphorus added to soils
12through the application of fertilizers. This act should help Orleans to achieve compliance with
13the Total Maximum Daily Loads (TMDL) prescribed by the Commonwealth of Massachusetts
14for nitrogen and phosphorus in its waters.
15 SECTION 3. Notwithstanding any general or special law to the contrary, including but
16not limited to any general or special law conferring exclusive authority upon the Department of
17Agriculture to regulate and control the application of fertilizers elsewhere in the Commonwealth,
18the application of fertilizer containing nitrogen or phosphorus, or any other pollutants in the town
19of Orleans is prohibited, except for the purposes of commercial agricultural and the residential
20use of certified organic fertilizer with low nitrogen and phosphorus for the use in growing fruits
21and vegetables that is allowable under the USDA National Organic Program organic standards
22(OMRI listed).
23 SECTION 4. This act shall take effect upon passage.