Assembly Bill A2738

2025-2026 Legislative Session

Prohibits sewage, wastewater and soil amendment pollution; relates to the disposition of funds from civil penalties

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-A2738 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §17-2107, En Con L; amd §92-s, St Fin L

2025-A2738 (ACTIVE) - Summary

Prohibits any person or entity from spreading sewage, wastewater or soil amendment products containing sewage, wastewater, or compost from sewage sludge on lands in the state or from selling or distributing the same; requires that penalties from violations be deposited into the environmental protection fund.

2025-A2738 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2738
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting sewage, wastewater  and soil amendment pollution;  and  to
   amend  the  state finance law, in relation to the disposition of funds
   from civil penalties

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Short title. This act shall be known as and may be cited
 as the "Stop Toxic Fertilizer Act".
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 17-2107 to read as follows:
 § 17-2107. PROHIBITION AGAINST SEWAGE AND WASTEWATER POLLUTION.
   1.  (A)  NO  PERSON  OR ENTITY SHALL SPREAD SEWAGE, WASTEWATER OR SOIL
 AMENDMENT PRODUCTS CONTAINING SEWAGE, WASTEWATER, OR COMPOST FROM SEWAGE
 SLUDGE ON LANDS IN  THE STATE FOR ANY PURPOSE.
   (B) NO PERSON OR ENTITY SHALL SELL, DISTRIBUTE, OR GIVE SEWAGE, WASTE-
 WATER OR  SOIL  AMENDMENT  PRODUCTS  CONTAINING  SEWAGE,  WASTEWATER  OR
 COMPOST FROM SEWAGE SLUDGE IN THE STATE.
   2.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO THE DISPOSAL OR
 PLACEMENT OF SEWAGE, WASTEWATER OR SOIL  AMENDMENT  PRODUCTS  CONTAINING
 SEWAGE, WASTEWATER, OR COMPOST FROM SEWAGE SLUDGE AT A SOLID WASTE LAND-
 FILL.
   3.  (A)  A  PERSON OR ENTITY VIOLATING THIS SECTION SHALL BE LIABLE TO
 THE STATE FOR A CIVIL PENALTY OF UP TO  TEN  MILLION  DOLLARS  FOR  EACH
 OCCURRENCE.  THE  PENALTY  SHALL  BE  COMMENSURATE WITH THE SCOPE OF THE
 VIOLATION. A HEARING OR OPPORTUNITY TO BE HEARD SHALL BE PROVIDED  PRIOR
 TO THE ASSESSMENT OF ANY CIVIL PENALTY.
   (B)  THE  DEPARTMENT IS HEREBY AUTHORIZED TO ENFORCE THE PROVISIONS OF
 THIS SECTION AND ALL MONIES COLLECTED SHALL BE DEPOSITED TO  THE  CREDIT
 OF  THE  ENVIRONMENTAL  PROTECTION  FUND ESTABLISHED PURSUANT TO SECTION
 NINETY-TWO-S OF THE STATE FINANCE LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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