The Illinois state legislature has passed new legislation, promoted by the industry and backed by environmentalists, that will help farmers use fertilizer more effectively, reduce nutrient losses, and deliver significant improvements in water quality.
According to the Illinois Fertilizer and Chemical Association (IFCA), which supported HB 5539 and was a prime mover in getting it passed, the legislation makes substantial changes to the Illinois Fertilizer Act, and has the support of every major agricultural organization in the state, as well as numerous environmental organizations.
The Illinois Department of Agriculture and the Illinois Environmental Protection Agency were also key supporters. The bill now awaits Gov. Pat Quinn’s signature before becoming law.
"We are challenged to improve both crop yields and water quality, and this will only happen through innovative nutrient research and on-farm practices aimed at accomplishing this mutual goal,” said Jean Payne, IFCA president. “It creates a nutrient research and education council (NREC), which will utilize a fertilizer tonnage fee to establish and implement nutrient research, education and water quality programs.”
HB 5539’s provisions include the elimination of the Fertilizer Research and Education Council (FREC), which has been replaced with NREC, a private entity that will manage nutrient research, education, and agricultural water quality efforts. According to IFCA, NREC will be funded by a designated portion of the tonnage fee, which will be determined by ag industry members and based upon industry needs, and will not be swept of funds as the FREC program was repeatedly since 2004.
The bill also streamlines the licensing requirements for the fertilizer industry, including replacing custom blending licenses with a single distributor license. In addition, it creates an administrative hearing provision, similar to a provision in the state’s Pesticide Act, which allows the industry to request an administrative hearing regarding any alleged violation of the state’s Fertilizer Act.
The bill also specifies that all funds collected for fertilizer licensing and registration, which previously went to the state general revenue fund, will now go the Illinois Department of Agriculture to support the fertilizer programs. IFCA said this change “should result in a sustainable regulatory program to ensure fertilizer quality, safety, and stewardship.”
According to Jack Darin, director of the Illinois chapter of the Sierra Club, the bill is part of the "Keep it for the Crop" initiative, which is supported by a coalition of agricultural and environmental organizations working to improve soil and water quality in Illinois. The program seeks to fund nutrient research and education programs and provide fertilizer suppliers and farmers with science-based recommendations for in-field practices to reduce nutrient losses and enhance nutrient efficiency through the 4Rs of nutrient stewardship promoted nationally by The Fertilizer Institute: the right source at the right rate, the right time, and in the right place.
“The new tools will help farmers make smart decisions about fertilizer application, and that will reduce pollution in our waterways," Darin said. "We know farmers want to be part of the solution to water quality problems, and now they’ll have access to resources and technical expertise to do so."
Payne said the tonnage fee will result in a secure, long-term funding mechanism for NREC. The fertilizer industry also supports the Illinois Department of Agriculture’s fertilizer quality and safety programs through product registration and licensing fees that have always been part of The Fertilizer Act, she added. The tonnage fee will eliminate the need for funds from the state general revenue fund to admi