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To: City Council and Manager From: Joel Jamnik Subject: Phosphorus Fertilizer Regulations Backaround Cities and environmental groups successfully supported legislation this past session that restricts the use of phosphorus fertilizer. The Minnesota Lakes Association states that, "According to industry experts, 700/0 of Minnesota soils do not need phosphorus to produce turf. Phosphorus run-off into lakes, streams, wetlands, and water holding ponds increases the amount of algae in a body of water. One pound of phosphorus will grow 300-500 pounds of algae bloom. A number of cities in Minnesota have already passed local ordinances to restrict the application of phosphorus on residential turf. A number of other cities are considering similar ordinances. A statewide law would provide for uniform, consistent application of the law and provide the market that fertilizer producers say they need to economically make available phosphorus-free fertilizer." As indicated by the Lakes Association, several cities in Minnesota, including Roseville, have ordinances restricting the application of phosphorus fertilizer within city limits. A smaller group of cities have taken the additional step of regulating the sale of fertilizer containing phosphorus. What the New Law Provides Chapter 345, as passed and signed into law, provides that effective immediatelv, a local unit of government may not adopt any ordinance, regulate, or in any way restrict the distribution, sale, handling, use, or application of phosphorous fertilizers and phosphorous fertilizer products that are applied or will be applied to land used for qrowinq crops or anv other aqricultural use. The law also provides that effective January 1, 2004 a local unit of government may not adopt any ordinance that prohibits or regulates the registration, labeling, distribution, sale, handling, use, application, or disposal of turf fertilizer containing phosphorus, however, this provision will not prohibit or preempt a local ordinance that restricts the sale of turf phosphorous fertilizer that was in effect on August 1, 2002. The new law also specifically states that it does not preempt local authority or responsibility for zoning, fire codes, or hazardous waste disposal. Effective in January I, 2004 a person may not apply a fertilizer containing the plant nutrient phosphorus to turf in a metropolitan county, except when: (1) a tissue, soil, or other test by a laboratory or method approved by the commissioner and performed within the last three years indicates that the levels