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COMMONWEALTH OF PENNSYLVANIA HOUSE OF REPRESENTATIVES PUBLIC HEARING OF THE AGRICULTURE & RURAL AFFAIRS COMMITTEE STATE CAPITOL HARRISBURG, PENNSYLVANIA 205 RYAN OFFICE BUILDING TUESDAY, JUNE 5, 2018 9:00 A.M. BEFORE: HONORABLE MARTIN CAUSER, MAJORITY CHAIRMAN HONORABLE EDDIE DAY PASHINSKI, MINORITY CHAIRMAN HONORABLE STEPHEN BLOOM HONORABLE KAREN BOBACK HONORABLE RUSS DIAMOND HONORABLE MINDY FEE HONORABLE MARK GILLEN HONORABLE MARCIA HAHN HONORABLE RICH IRVIN HONORABLE MARK KELLER HONORABLE KATE KLUNK HONORABLE JOHN LAWRENCE HONORABLE DAVE MILLARD HONORABLE DAN MOUL HONORABLE RYAN WARNER HONORABLE DAVID ZIMMERMAN HONORABLE PAMELA DeLISSIO HONORABLE SID KAVULICH HONORABLE MAUREEN MADDEN HONORABLE PAM SNYDER Pennsylvania House of Representatives Commonwealth of Pennsylvania 2 1 COMMITTEE STAFF PRESENT: 2 KERRY GOLDEN, REPUBLICAN EXECUTIVE DIRECTOR 3 MICHELE MUSGRAVE, REPUBLICAN LEGISLATIVE ASSISTANT II 4 DESTINY ZEIDERS, 5 DEMOCRATIC EXECUTIVE DIRECTOR 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Pennsylvania House of Representatives Commonwealth of Pennsylvania 3 1 I N D E X 2 TESTIFIERS 3 * * * 4 NAME PAGE 5 RUSSELL C. REDDING 6 SECRETARY, DEPARTMENT OF AGRICULTURE....................4 7 DR. RUTH WELLIVER 8 DIRECTOR, BUREAU OF PLANT INDUSTRY....................15 9 MAREL KING 10 PENNSYLVANIA DIRECTOR, CHESAPEAKE BAY COMMISSION...................33 11 ANN SWANSON 12 EXECUTIVE DIRECTOR CHESAPEAKE BAY COMMISSION...................39 13 MATTHEW JOHNSTON 14 SENIOR POLICY ANALYST, CHESAPEAKE BAY PROGRAM OFFICE...............51 15 GREGG ROBERTSON 16 PA LANDSCAPE AND NURSERY ASSOCIATION........62 17 18 SUBMITTED WRITTEN TESTIMONY 19 * * * 20 (See submitted written testimony and handouts online.) 21 22 23 24 25 4 1 P R O C E E D I N G S 2 * * * 3 MAJORITY CHAIRMAN CAUSER: Good morning, 4 everyone. 5 I would like to call this meeting of the 6 House Agriculture and Rural Affairs Committee to 7 order and ask all of you to join me in the Pledge of 8 Allegiance. 9 (Whereupon, the Pledge of Allegiance was 10 recited.) 11 MAJORITY CHAIRMAN CAUSER: Good morning, 12 everyone. 13 We have a number of meetings going on 14 this morning and our time is constrained, so I think 15 we need to get going. Today's meeting is a public 16 hearing on SB 792, sponsored by Senator Alloway. 17 It's the fertilizer law legislation. 18 I'm going to have Michelle keep track of 19 attendance, and we'll move forward with our agenda. 20 Welcome to Secretary Redding, the 21 Secretary of Agriculture. And with him is 22 Dr. Ruth Welliver. 23 You may proceed. Welcome. 24 SECRETARY REDDING: Mr. Chairman, thank 25 you. And good morning to each of the members. It's 5 1 good to see you. 2 Thanks for your support of agriculture 3 always and the opportunity today to talk about 4 SB 792 before you. You have my testimony. I will 5 not deliver that. I will just try to provide some 6 overarching comments and a few highlights, and then 7 we can proceed. 8 The process of arriving here is over 9 three years in the making. We really appreciate the 10 good work that has been done. We have engaged in a 11 very collaborative, transparent process with our 12 stakeholders. And they've include many, some who 13 are with us today as witnesses, but also many in the 14 agriculture community, as well. 15 We have moved from a previous bill that 16 did not look like Pennsylvania, or for that matter, 17 work for Pennsylvania, to what we have today in 18 SB 792. This bill respects the fact that we have a 19 strong Fertilizer Act and have had that since 1956. 20 It creates a professional certification for 21 commercial fertilizer applicators. 22 It builds on existing training programs 23 for the lawn care business, and that has been one of 24 those points of request from the Pennsylvania 25 Landscape Nursery Association. It addresses the 6 1 urban fertilizer use for the first time as part of 2 our commitment to water quality in a court mandated 3 TMDL for the Chesapeake Bay Watershed. 4 We've provided several graphs, one that 5 looks at Pennsylvania Nitrogen loads, and the other 6 being Pennsylvania Phosphorus loads. If you refer 7 to the pie charts for Nitrogen and Phosphorus, what 8 I'm referring to is the yellow portion, which is the 9 developed land. And included in that, is the urban 10 fertilizer. 11 The proposed nutrient restrictions and 12 application rates for lawn fertilizer will be an 13 integral part of the success of our Phase III 14 watershed implementation plan, presently under 15 development, to achieve the reductions. It will 16 require everyone to do their part. 17 We have had this conversation in other 18 contexts with agriculture and certainly the same is 19 true here for the urban fertilizer use. Each of us 20 have heard repeatedly from the agriculture community 21 -- and again, that's the blue portion of the pie 22 chart -- that there needs to be equity in the 23 treatment of nutrients on the farm and in the towns. 24 This legislation provides equity and 25 appropriately allocates responsibility for reducing 7 1 our State nutrient loads. Let me highlight just 2 several points. Number one, importantly, we have in 3 this legislation a certification program for 4 commercial and public fertilizer applicators. It is 5 purposely designed to mirror the Professional 6 Pesticide Applicator Program that we currently have, 7 in which 3500 of the same businesses that will be 8 covered in this legislation are already licensed and 9 registered as a business in the pesticide applicator 10 business. The same requirements of recordkeeping, 11 training, continuing education will apply to the 12 commercial fertilizer aspect, as well. 13 Further, any licensed pesticide 14 applicator providing professional fertilizer 15 application will be grandfathered initially. And 16 then, their renewals -- as the renewals are done, do 17 the training and certification for fertilizer. 18 And again, this was done at the request 19 of PLNA, to make sure that we're not duplicating the 20 efforts on the fertilizer and pesticides. We tried 21 to mirror it up and make good use of the 22 Department's time and certainly the time of the 23 individual businesses, as well. 24 You will note that there is a fee, a new 25 fee in here. And we can talk more about that, but 8 1 there's $100 per business, just to point out that 2 that's not for the individual applicator, that's on 3 the business, per se. So you can have any number of 4 applicators under the one business. 5 There's no new separate business unit 6 number required. And if you referred to, again, one 7 of the attachments in the PLNA letterhead, that came 8 to the Department as one of the conditions of 9 support, the BU number, business unit number, they 10 can use the one that's already assigned to them for 11 the pesticide application. Okay. 12 This will also assist the PDA staff with 13 some of the administration duties. The product 14 labeling language proposed changes are recognized by 15 industry on the national level. They are compatible 16 with other States' requirements, as well. 17 This will facilitate, we believe, sort of 18 the interstate commerce and shipment of fertilizer 19 products across State lines and in the region. We 20 have allowed 18 months for transition of new 21 labeling once the law is enacted to give the 22 business time to transition. 23 The education and the outreach, we think, 24 is one of the real critical points of this. It is 25 not just about the professional community who is 9 1 applying fertilizer and the application. We also 2 think the larger public has a responsibility to be 3 aware, number one, of their own sort of application 4 to their private lawns, homeowner lots, just as we 5 expect sort of the farm community to do the same, 6 but for the first time, we have a direct, very 7 intentional public education outreach program as 8 part of this. 9 So we're anxious to do that, and we think 10 that will pay real dividends for us, as well. We're 11 going to use the Four R Model. Again, we've talked 12 about that within the agricultural context. But for 13 those familiar with that, that's the right source at 14 the right time at the right place that has paid 15 dividends in the agricultural community and we think 16 it has great application to the public, as well. 17 Importantly, there is preemption in this 18 bill. Preemption, meaning that we believe it's 19 important to have one statewide standard for 20 application of fertilizers and not to have any 21 number of jurisdictions with their own sort of 22 restrictions in place, and that is occurring around 23 Pennsylvania. We've had that experience on other 24 matters of agriculture. 25 In this case, we believe it's important 10 1 to have one standard. This would prohibit the local 2 jurisdiction from having restrictions that are more 3 prohibitive than the State, as well. 4 The fees. The fees are there for several 5 reasons. One, certainly to address the 6 administrative costs that the Department will have 7 in administering this, just as they are there on the 8 pesticide side, as well. Right. That is not a 9 GGO-funded effort.