g. Include a multiyear description of planned county activities related to land and water resources and prioritize those activities. The description must include activities designed to meet water quality and soil erosion control goals and ensure compliance with performance standards and prohibitions related to nonpoint pollution and soil erosion control;
h. Describe a system to monitor plan activities;
i. Include a strategy to provide soil and water resource management information and education; and
j. Describe methods for coordinating plan activities with other local, state and federal agencies.
Under the bill, current land and water resource management plans would still be valid, but all new or modified plans would follow the new requirements. Under current law, land and water resource management plans must do all of the following:
a. Specify maximum acceptable rates of soil erosion;
b. Identify areas where soil erosion standards are not being met;
c. Identify land use changes or management practices to bring each area of land into compliance with standards adopted by the land conservation committee;
d. Specify procedures to assist landowners and land users in controlling soil erosion;
e. Establish priorities for controlling soil erosion;
f. Identify causes, other than soil erosion, of nonpoint source water pollution; and
g. Describe all proposed county activities related to nonpoint source water pollution.
[Bill Sections: 1909 and 1911 thru 1913]
7. AGRICHEMICAL MANAGEMENT FEES
SEG-REV - $1,202,500
Governor: Reduce certain agrichemical management (ACM) fund fees for a two-year period and permanently reduce fertilizer and feed tonnage fees. The proposed fee change would result in a loss of approximately $2.4 million in fee revenues including a loss of $1.2 million in both 2000-01 and 2001-02 . The reductions would primarily be a two-year continuation of temporary fee reductions made in the 1997-99 budget, which will decrease fee revenues by $1.1 million in both 1998-99 and 1999-00. However, in addition, fertilizer and feed tonnage fees deposited to the ACM fund would be permanently reduced by 2¢ per ton for tonnage sold after the effective date of the bill (a reduction of $86,000 annually). The two cent fee would continue to be paid by fertilizer and feed dealers under the bill, but would be credited to the weights and measure program rather than the ACM fund. The ACM fund had a balance of $7.4 million at the end of 1997-98. The proposed ACM fund fees would be as follows:
Estimated
Current Estimated Governor Permanent
Agrichemical Governor Two-Year Permanent Annual
Management Fee Revenue Fee Revenue
Fee Category Fund Fee Reduction Reduction Reduction Reduction
Fertilizer Tonnage (per ton) $0.32 -$0.09 -$254,400 -$0.02 -$28,300
Feed Tonnage (per ton) 0.25 -0.12 -689,300 -0.02 -57,400
Individual Pest Applicator License 40 -10.00 -115,100
Household Pesticide Registration
$0-25,000 sales 141 -50.00 -510,900
$25,000-75,000 sales 626 -100.00 -49,400
>$75,000 sales 1,376 -300.00 -112,200
Industrial Pesticide Registration
$0-25,000 sales 221 -50.00 -69,800
$25,000-75,000 sales 766 -100.00 -13,800
>$75,000 sales 2,966 -300.00 -51,000
Nonhousehold Pesticide Registration
$0-25,000 sales 226 -50.00 -347,700
$25,000-75,000 sales 796 -100.00 -46,200
>$75,000 sales 2,966 + 0.2% of sales -300.00 -145,200
TOTALS -$2,405,000 -$85,700
[Bill Sections: 712, 1937 and 1940 thru 1944]
8. AGRICULTURAL CHEMICAL CLEANUP PROGRAM
GPR-REV $1,000,000
SEG-REV - $1,000,000
GPR - $1,521,300
Governor: Reduce GPR funding for the cleanup of agrichemical spills by $1,171,300 in 1999-00 and $350,000 in 2000-2001. This amount includes $171,300 annually to make permanent the amount the Department was required to lapse under 1997 Act 27. In 1997-98, $1.5 million was spent for cleanups. Under the bill, $2,917,300 in 1999-00 and $3,738,600 in 2000-01 would be appropriated for agricultural chemical cleanup program (ACCP) grants (from GPR and SEG).
Further, transfer $500,000 from the ACCP fund to the general fund in each year of the 1999-01 biennium only. The ACCP fund receives revenues from industry fertilizer and pesticide license and tonnage surcharges. The ACCP fund, which also provides funding for the cleanup of agrichemical spills, had a closing balance of $11.5 million in 1997-98.
[Bill Section: 9204(2)]
9. PESTICIDE DATABASE STUDY
GPR $35,000
Governor: Provide $35,000 in 1999-00 in onetime funding for a pesticide database feasibility study. Funding would be used for a study on the feasibility of creating a database that records the level of outdoor pesticide use by farmers, other businesses, government and homeowners in the state.
10. EXPORT MARKETING
Funding Positions
GPR $600,000 2.00
PR 50,000 0.00
Total $650,000 2.00
Governor: Provide $300,000 GPR and 2.0 export consultant positions and $25,000 PR each year to restructure and expand the marketing division’s export promotion program. The Department currently has five export consultants. Of the amounts appropriated, $507,600 in the biennium would be used for supplies and services. Increased supplies funding would be used for educational materials, export publications, trade missions and a PR match for an agricultural export and statistical directory. PR and matching GPR would be used to collect data and then publish the export directory. Program revenues would come from industry contributions.
11. FEDERAL DAIRY POLICY REFORM
GPR $100,000
Governor: Provide $50,000 each year in a biennial appropriation to provide assistance to organizations to seek federal dairy price reform. Repeal the appropriation on July 1, 2001. This provision extends funding that was authorized in the 1997-99 budget for two more years.
[Bill Sections: 182, 183, 1928, 1929 and 9404(1)]
12. NURSERY REGULATIONS AND LICENSING
Funding Positions
GPR-REV - $93,800
PR-REV $213,000
GPR - $72,800 - 0.75
PR 93,000 0.00
SEG 156,000 1.75
Total $176,200 1.00
Governor: Decrease GPR by $36,400 and 0.75 staff annually and create a new, annual SEG appropriation from the forestry account of the conservation fund of $75,000 in 1999-00 and $81,000 in 2000-01 for 1.75 positions for plant protection, including nursery regulation and control of plant pests. Provide $114,600 PR in 1999-00 and $127,600 PR in 2000-01 in a new, continuing appropriation for nursery regulation and plant pest detection and control. Revenue would come from revamped nursery dealer and grower (including Christmas tree grower) license fees. Currently, license fees for nurseries generate approximately $46,900 annually for the general fund.
Repeal a PR continuing appropriation for gypsy moth eradication that was funded by a nursery grower surcharge of $20 to $90 or more depending on gross sales and acreage and a nursery dealer surcharge of $30. Transfer base authority of $74,600 and 1.0 position annually to the newly created PR appropriation. Transfer any unencumbered balance in the repealed PR appropriation to the newly created PR appropriation.
License Fees. Dealers and growers that sell less than $250 annually in nursery stock would not be required to obtain licenses. A temporary permit costing $5 would also be established to allow nonprofit organizations to sell nursery stock for no more than one week. Such organizations would not be required to hold an annual license. In addition to the fees listed in the table, an assessment equal to the license fee would be charged to all dealers and growers who in the prior year operated without a license.
Repeal current dealer license fees of $25 per business location with a $30 surcharge and nursery grower fees of $30 to $150 or more based on annual sales and number of sown acres. Rather, create the following fees, including new fees for Christmas tree growers that would be expected to generate an additional $106,500 annually:
Nursery Dealer License Fees Nursery Grower License Fees
Proposed Proposed
Annual Annual Grower Fees Grower Fees
Purchases of Proposed Sales of (non-Christmas (Christmas
Nursery Stock Dealer Fees Nursery Stock Tree Sales) Tree Sales)
$250-$5,000 $30 $250-$5,000 $40 $20
$5,000-$20,000 50 $5,000-$20,000 75 55
$20,000-$100,000 100 $20,000-$100,000 125 90
$100,000-$200,000 150 $100,000-$200,000 200 150
$200,000-$500,000 200 $200,000-$500,000 350 250
$500,000-$2,000,000 300 $500,000-$2,000,000 600 450
Over $2,000,000 400 Over $2,000,000 1,200 900
Requirements for Nursery Growers and Dealers. Licensing fees and requirements would be changed, including the annual license expiration, which would move from March 31 to February 20. Include bulbs in the definition of nursery stock. Clarify that license fees would be based on sales in the applicants' prior fiscal year. The applicant would determine the fiscal year and would base first-year fees of a new operation on predicted sales. Clarify that grower and dealer records must include the type and quantity of nursery stock shipped to other nursery growers and dealers, along with the address of the recipient. Specify that all required records be retained for at least three years.
Dealer Requirements. Specify that a dealer license is nontransferable and clarify that the applicant's name and address and the address of each of their selling locations must appear on the license application. Also, require dealers to notify DATCP of the address of any new selling location, prior to beginning such sales. Further, clarify that records must include the type and quantity of nursery stock received along with the address of the shipper. As drafted, the bill expands the definition of a nursery dealer to include all people selling for a dealer. Under current law, employes of a dealer are specifically excluded in the definition and therefore, do not have to pay a license fee. Administration officials indicate this change was not intended.
Grower Requirements. Clarify that the applicant's name and address and the address of each of their operating and selling locations must appear on the application. Also, require growers to write to DATCP the address of any new operating and selling locations prior to beginning operation. Remove the requirement that growers keep records of all nursery stock shipments received.
Labeling Requirements. Require nursery growers and nursery dealers, rather than the carrier, to report nursery stock shipments that are not fully labeled to DATCP. Under current law, it is unlawful for growers and dealers to accept uncertified shipments, but the carrier is required to report and hold uncertified shipments. As drafted, the bill would prohibit shipping improperly labeled nursery stock only to nursery dealers (not growers) and prohibit nursery dealers from accepting improperly labeled nursery stock. Administration officials indicate the Governor intended to prohibit shipping improperly labeled nursery stock to both nursery dealers and growers and to prohibit both nursery dealers and growers from accepting improperly labeled nursery stock (as under current law). The bill would repeal the current law exemption from labeling of nursery stock sold and delivered at a place of business where the license certificate is posted.
Department Powers. Allow, rather than require, DATCP to inspect nursery and distribution sites. Allow the Department to order a grower or dealer to refrain from importing certain weeds or pests. Allow DATCP to order a grower or dealer to destroy or recall nursery stock. Require DATCP to hold an informal hearing, rather than a public hearing of a contested case, within 10 days, unless the person requesting the hearing consents to a later date. If a disputed matter is not resolved at the informal hearing, the grower or dealer may demand a contested case hearing.
[Bill Sections: 187 thru 189, 1932, 1934 and 9204(1)]
