Virginia Turfgrass Council

Here is quick summary of legislation before Virginia's General Assembly that affects you, the turfgrass professional.

For information on any legislation in the Virginia General Assembly go to: General Assembly Web Site

To Contact your local representatives to the Virginia General Assembly, go to: Find Your Representative

HOUSE BILL 696
Reporting of water withdrawals. Authorizes the State Water Control Board to impose a civil penalty, not to exceed $1,000, upon any person who fails to register and report certain water withdrawal information. However prior, to determining whether a civil penalty should be assessed, the Board is required to give the permit holder 60 days to come into compliance with the reporting requirement. A violator also has the option of entering into a consent agreement with the Board and pay a civil charge that could be less than the $1,000 penalty. Any person who withdraws more than one million gallons in any single month for crop irrigation or who withdraws during any single month a daily average 10,000 gallons per day is required to be registered and report the amount of his withdrawals. The revenue generated from the civil penalties and charges will be deposited in a special fund that can be used solely to fund the Department of Environmental Quality's water supply planning responsibilities.

HOUSE BILL 250
Board for Contractors; Class C license. Raises the threshold for which a person must have a Class C contractors license from less than $7,500 to less than $10,000. As a result, the Class B threshold is also raised from $7,500 or more to $10,000 or more

HOUSE BILL 206 and SENATE BILL 198
Above ground liquid fertilizer storage tanks. Requires localities in which an aboveground liquid fertilizer storage tank (ALFST) with a capacity of 100,000 gallons or more is located to adopt an ordinance that regulates the installation, operation, retrofitting, maintenance, repair, abandonment, and removal of such tanks. The locality is authorized to establish a fee schedule for registration of these tanks. The ordinance would require the owner or operator of the tank to develop a discharge contingency plan that ensures a discharge from any regulated tank will be properly contained, mitigated, and cleaned up. While the bill provides a framework for the ordinance, it allows the locality to enact an ordinance that is more restrictive or more extensive in scope than is required by the Code.

HOUSE BILL 329
Lawn fertilizers; penalty. Prohibits the application of fertilizers that contain phosphorus for use on lawns, golf courses, parks, and cemeteries. The prohibition does not apply to fertilizer products primarily intended for gardening, trees, shrubs, or indoor plants. The bill prohibits the application of fertilizer that contains phosphorus when the ground is frozen. Any fertilizer that runs onto impervious surfaces has to be immediately contained and collected. New lawns or lawns that have had soil tests in the last three years showing phosphorus levels are deficit based upon Department of Conservation and Recreation's nutrient management standards and criteria can use fertilizers that contain phosphorus. Beginning January 1, 2011, no person can display for sale lawn fertilizer that is labeled as containing phosphorus; however, such products can be stored off the sales floor and may be sold upon request. Also beginning on this date, a business selling fertilizers has to provide signage that informs the public of the new law and noting the effects of phosphorus on state waters. Any person who violates provisions of the new law may be assessed a civil penalty by the Department of Conservation and Recreation of up to $250. The moneys collected will be deposited in the Water Quality Improvement Fund..

SENATE BILL 227
Irrigation systems; state-owned buildings and private property. Requires the Division of Engineering and Buildings, in every state-owned building or facility designed, constructed, or substantially altered after July 1, 2010, that includes as part of such design, construction, or alteration the installation of an outdoor automatic sprinkler or irrigation system, to ensure that such system shall have furnished and installed technology that inhibits or interrupts operation of the landscape irrigation system during periods of sufficient moisture or rainfall. The technology shall be adjustable either by the end user or the professional practitioner of landscape irrigation services. The bill also provides that every outdoor automatic sprinkler or irrigation system installed after July 1, 2010, by a landscape irrigation contractor shall be equipped with technology that inhibits or interrupts operation of the landscape irrigation system during periods of sufficient moisture or rainfall. The technology shall be adjustable either by the end user or the professional practitioner of landscape irrigation services. The bill provides that this latter provision shall not apply to systems operating on golf courses or agricultural lands.

SENATE BILL 583
Application of pesticides and fertilizers; civil penalty. Prohibits commercial providers of lawn care and landscaping services from broadly applying pesticides and fertilizers onto impervious surfaces such as streets and driveways.

SENATE BILL 582
Labeling fertilizer products. Requires that specialty fertilizers include a label with directions for proper fertilizer use and precautionary statements to educate users. Specialty fertilizer means a fertilizer distributed for nonfarm use, including home gardens, lawns, shrubbery, flowers, golf courses, and nurseries.