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Fertilizer Preemptions Move Forward
HB 1267 by Representative Nelson passed the House Agribusiness this week. The bill is problematic because it does not implement the Consumer Fertilizer Task Force recommendations. Instead, it mandates that all local governments pass a fertilizer ordinance, and then preempts local authority to determine what goes into the ordinance. Local governments are required to implement the model ordinance drafted by the task force unless they have a Total Maximum Daily Load (TMDL)-related reason to go outside the model. Otherwise, ordinances that vary from the model would need to be approved by the Environmental Regulations Commission (ERC) within the Department of Environmental Protection (DEP). State agencies and local governments are two distinct entities with different mechanisms for accountability in place. This bill blurs the line between the two. This kind of approach to local regulation could easily create an unmanageable workload for the ERC, and would make it difficult for local governments to timely pass ordinances relating to environmental protection.