S1576 2R

An Act establishing a farm pesticide ¹, herbicide, and fertilizer¹ collection and disposal program ²[and] ,² supplementing Title ²[13] 4² of the Revised Statutes ², and making an appropriation²

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“Commercial farm” means the same as that term is defined by section 3 of P.L.1983, c.31 (C.4:1C-3).

"Department" means the Department of ²[Environmental Protection] Agriculture² .

“Pesticide” means the same as that term is defined by section 3 of P.L.1971, c.176 (C.13:1F-3).

2. a. The Department of ²[Environmental Protection] Agriculture² shall ²[, in consultation with the Department of Agriculture,]² establish a farm pesticide ¹, herbicide, and fertilizer¹ collection and disposal program to collect, transport, and dispose of unused pesticides ¹[and fertilizers containing pesticides] , herbicides, and fertilizers¹ held or owned by commercial farms. The farm pesticide ¹, herbicide, and fertilizer¹ collection and disposal program shall also collect, transport, and recycle pesticide ¹, herbicide, and fertilizer¹ containers held or owned by commercial farms. Participation in the farm pesticide ¹, herbicide, and fertilizer¹ collection and disposal program by commercial farms shall be voluntary.

b. In implementing the farm pesticide ¹, herbicide, and fertilizer¹ collection and disposal program, pursuant to this subsection, the department shall:

(1) strategically place collection sites in diverse regions of the State, including at least one collection site in each of the northern, central, and southern regions of the State, to ensure program accessibility for all commercial farms;

(2) offer ²[at least two collection events per year in each collection site] one collection event per year in either the northern, central, or southern region of the State, on a rotating basis² ;

(3) contract with, and provide oversight of, entities qualified to safely collect, transport, and dispose of pesticides ¹[and fertilizers containing pesticides] , herbicides, and fertilizers¹ ;

(4) contract with, and provide oversight of, entities qualified to safely collect, transport, and recycle pesticide ¹, herbicide, and fertilizer¹ containers;

(5) appoint local agents or representatives to inventory collected pesticides, ¹herbicides, and¹ fertilizers ¹[containing pesticides,]¹ and pesticide ¹, herbicide, and fertilizer¹ containers disposed of and recycled by farms through the program, and to provide that information in a timely manner to the department; and

(6) provide any other measures deemed necessary by the department to implement the provisions of this act.

c. Any activity undertaken pursuant to this section shall comply with relevant department regulations, and the laws governing registration, collection, transportation, and disposal of pesticides pursuant to the “Pesticide Control Act of 1971”, P.L.1971, c.176 (C.13:1F-1 et. seq.).

¹d. The department ²[, in consultation with the Department of Agriculture,]² shall prepare and submit an annual report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), summarizing the operations of the farm pesticide, herbicide, and fertilizer collection and disposal program. The report shall be submitted by March 1 of each year and shall be made publicly available on the department's Internet website. The report shall include, but not be limited to:

(1) the total quantity and types of pesticides, herbicides, fertilizers, and containers collected;

(2) participation levels by region;

(3) program expenditures and funding sources;

(4) an assessment of the environmental benefits of the program; and

(5) recommendations for program improvements.¹

²e. Except as otherwise provided in this subsection, the department shall accept a maximum of 2,000 pounds of pesticide, herbicide, fertilizer, containers, or any combination thereof, for disposal from any one program participant annually. A program participant may pay an entity contracted pursuant to paragraphs (3) or (4) of subsection b. of this section directly for collection, transportation, and disposal of materials in excess of 2,000 pounds at the State’s contract price. The department may accept any excess pesticides or renegotiate acceptable poundage when deemed necessary by the department. The criteria for acceptance or renegotiation of excess acceptable poundage, when deemed necessary by the department, shall include the following:

(1) the quantity in excess of 2,000 pounds;

(2) the condition of pesticides, herbicides, fertilizers, or containers to be collected;

(3) the location and condition of the applicable storage area; and

(4) the ability of the program participant to pay for excess poundage.²

3. a. The Department of Agriculture ²[, acting in consultation with the Department of Environmental Protection,]² shall engage in a cooperative public education and awareness campaign, and take other appropriate action, in order to inform farmers about:

(1) the location of collection sites, and dates of upcoming collection events;

(2) the types of pesticides, ¹herbicides,¹ fertilizers ¹[containing pesticides]¹ , and ¹[pesticide]¹ containers accepted by the program;

(3) the benefits of the farm pesticide ¹, herbicide, and fertilizer¹ collection and disposal program for farmers;

(4) the environmental benefits of properly disposing of pesticides ¹[and fertilizers containing pesticides] , herbicides, and fertilizers¹ , and recycling pesticide ¹, herbicide, and fertilizer¹ containers; and

(5) any other information about the farm pesticide ¹, herbicide, and fertilizer¹ collection and disposal program to increase awareness of the program and promote farmer participation.

b. The information prepared pursuant to this section, and any additional information concerning the provisions of this act, shall be conspicuously posted on the Department of Agriculture’s Internet website and shall be updated, by the department, as necessary.

4. The Department of ²[Environmental Protection, in consultation with the Department of Agriculture,] Agriculture² shall adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act.

²5. There is appropriated from the General Fund to the Department of Agriculture the sum of $1,000,000 to implement the provisions of this act.²

²[5.] 6.² This act shall take effect on the 180th day after the date of enactment, but the ²[Commissioner of Environmental Protection and]² Secretary of Agriculture may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.